[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Notices]
[Pages 31221-31223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08690]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0056]


Voluntary Protection Programs; Extension of the Office of 
Management and Budget's (OMB) Approval of Information Collection 
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Voluntary 
Protection Program.

DATES: Comments must be submitted (postmarked, sent, or received) by 
June 24, 2024.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov. Documents in the docket are 
listed in the https://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the websites. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2011-0056) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as social security numbers and birthdates.
    For further information on submitting comments, see the ``Public 
Participation'' heading in the section of this notice titled 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of 
Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance consultation program to provide the public with an 
opportunity to comment on proposed and continuing information 
collection requirements in accordance with the Paperwork Reduction Act 
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that 
information is in the desired format, reporting burden (time and costs) 
is minimal, the collection instruments are clearly understood, and 
OSHA's estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et 
seq.) authorizes information collection by employers as necessary or 
appropriate for enforcement of the OSH Act or for developing 
information regarding the causes and prevention of occupational 
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also 
requires that OSHA obtain such information with minimum burden upon 
employers, especially those operating small

[[Page 31222]]

businesses, and to reduce to the maximum extent feasible unnecessary 
duplication of effort in obtaining information (29 U.S.C. 657).
    The following sections describe who uses the information collected 
under each requirement, as well as how they use it. The Voluntary 
Protection Program (VPP) \1\ established the efficacy of cooperative 
action among government, industry, and labor to address employee safety 
and health issues and to expand employee protection. To qualify, 
employers must meet OSHA's safety and health management criteria which 
focus on comprehensive management programs and active employee 
involvement to prevent or control worksite safety and health hazards. 
Employers who qualify generally view OSHA standards as a minimum level 
of safety and health performance, and set their own more stringent 
standards, wherever necessary, to improve employee protection. 
Prospective VPP worksites must submit an application that includes:
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    \1\ Source: Adopted by OSHA on July 2,1982 (47 FR 29025).
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     General applicant information (e.g., site, corporate, and 
collective bargaining contact information).
     Injury and illness rate performance information (i.e., 
number of employees and/or applicable contractors on-site, type of work 
performed and products produced, North American Industry Classification 
System (NAICS), and Recordable Injury and Illness Case Incidence Rate 
information.
     Safety and health management program information (i.e., 
description of the applicant's safety and health management programs 
including how the programs successfully addresses management leadership 
and employee involvement, worksite analysis, hazard prevention and 
control, and safety and health training OSHA uses this information to 
determine whether an applicant is ready for a VPP on-site evaluation 
and as a verification tool during VPP on-site evaluations. Without this 
information, OSHA would be unable to determine which sites are ready 
for VPP status.
    Each current VPP applicant is also required to submit an annual 
evaluation which addresses how that applicant is continuing the 
adherence to programmatic requirements. In 2008, OSHA modified 
procedures for VPP applicants, OSHA on-site evaluation, and Annual 
participant self-evaluation for applicants/participants subject to 
OSHA's Process Safety Management (PSM) Standard. Applicants that 
perform works that use or produce highly hazardous chemical exceeding 
specified limits covered under the PSM standard must submit responses 
to the PSM application supplement along with their VPP application.
    Once in the VPP, the participant is required to submit an annual 
evaluation detailing the continued adherence to programmatic 
requirements. Applicants covered under the PSM standard are required to 
submit a PSM questionnaire a supplemental document as part of their 
annual submission. OSHA needs this information to ensure that the 
participant remains qualified to participate in the VPP between the on-
site evaluations. Without this information, OSHA would be unable to 
determine whether applicants are maintaining excellent safety and 
health management programs during this interim period.
    In 2009, with the publication of the Federal Register Notice (FRN), 
VPP revised the traditional focus on individual fixed worksites (site-
based) by adding two new ways to participate: mobile workforce and 
corporate. A significant reorganization of the program helps clarify 
the multiple participation options now available.
    Employees of VPP participants may apply to participate in the 
Special Government Employee (SGE) Program. The SGE Program offers 
private and public sector safety and health professionals and other 
qualified participants the opportunity to exchange ideas, gain new 
perspectives, and grow professionally while serving as full-fledged 
team members on OSHA's VPP on-site evaluations. In that capacity, SGEs 
may review company documents, assist with worksite walkthroughs, 
interview employees, and assist in preparing VPP on-site evaluation 
reports. Potential SGEs must submit an application that includes:
     SGE Eligibility Information Sheet (i.e., applicant's name, 
professional credentials, site/corporate contact information, etc.);
     Current Resume;
     Optional Application for Federal Employment OF-612; and
     Confidential Financial Disclosure Report (OGE Form 450).
    OSHA uses the SGE Eligibility Information Sheet to ensure that the 
potential SGE works at a VPP site and meets the minimum eligibility 
qualifications. The resume is required to provide a detailed 
description of their current duties and responsibilities as they relate 
to safety and health and the implementation of an effective safety and 
health management program. The OGE Form 450 is used to ensure that SGEs 
do not participate in on-site evaluations at VPP sites where they have 
a financial interest.
    OSHA Challenge is designed to reach and guide employers and 
companies in all major industry groups who are strongly committed to 
improving their safety and health management programs and possibly 
pursuing recognition in the VPP. The Challenge Administrators 
application is used to: (1) conduct a preliminary analysis of the 
applicant's knowledge of safety and health management programs; and (2) 
make a determination regarding the applicant's qualifications to become 
a Challenge Administrator. Once a Challenge Administrator is approved, 
the Administrator will review each challenge candidate's application/
annual submissions to ensure that all necessary information is 
provided, prior to forwarding to OSHA's National Office for acceptance 
and analysis.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements 
are necessary for the proper performance of the agency's functions to 
protect workers, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirements, including the 
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information 
collected; and
     Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information, and 
transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the information 
collection requirements contained in Voluntary Protection Programs. The 
agency is requesting an adjustment decrease from 90,500 hours to 69,657 
hours, a difference of 20,843 hours. This decrease is due to the lack 
of Challenge Participation, lack of training of new SGE applicants and 
re-approval training of existing SGE's. The lingering effect of the 
COVID-19 Pandemic effected all OSHA Cooperative Programs.
    OSHA will summarize the comments submitted in response to this 
notice and will include this summary in the request to OMB to extend 
the approval of the information collection requirements.
    Type of Review: Extension of a currently approved collection.

[[Page 31223]]

    Title: Voluntary Protection Programs (VPP).
    OMB Control Number: 1218-0239.
    Affected Public: Business or other for-profits.
    Number of Respondents: 3,751.
    Number of Responses: 3,295.
    Frequency of Responses: Various.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 69,657.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) electronically at https://www.regulations.gov, which is the Federal 
eRulemaking Portal; or (2) by facsimile (fax), if your comments, 
including attachments, are not longer than 10 pages you may fax them to 
the OSHA Docket Office at (202) 693-1648. All comments, attachments, 
and other material must identify the agency name and the OSHA docket 
number for the ICR OSHA-2011-0056. You may supplement electronic 
submission by uploading document files electronically.
    Comments and submissions are posted without change at https://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
dates of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download from this 
website. All submission, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the https://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) 
for information about materials not available from the website, and for 
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
notice. The authority for this notice is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 8-2020 
(85 FR 58393).

    Signed at Washington, DC, on April 17, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-08690 Filed 4-23-24; 8:45 am]
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