[Federal Register: June 30, 2008 (Volume 73, Number 126)]
[Notices]               
[Page 36905-36906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn08-121]                         


[[Page 36905]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0019]

 
On-site Consultation 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 comment.

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SUMMARY: OSHA solicits comments concerning its proposal to extend OMB 
approval of the information collection requirements contained in the 
Standard on Consultation Agreements (hereinafter, the On-site 
Consultation Program regulations) (29 CFR part 1908). The Consultation 
Program regulations specify services to be provided, and practices and 
procedures to be followed by the State On-site Consultation Programs. 
Information collection requirements set forth in the On-site 
Consultation Program regulations are in two categories: State 
Responsibilities and Employer Responsibilities. Eight regulatory 
provisions require information collection activities by the State. The 
Federal government provides 90 percent of funds for on-site 
consultation services delivered by the States, which result in the 
collection of information. Four requirements apply to employers and 
specify conditions for receiving the free on-site consultation 
services.

DATES: Comments must be submitted (postmarked, sent, or received) by 
August 29, 2008.

ADDRESSES:
    Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit three copies of your comments 
and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0019, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the ICR (OSHA-2008-0019). All comments, including any 
personal information you provide, are placed in the public docket 
without change, and may be made available online at http://
www.regulations.gov. For further information on submitting comments see 
the ``Public Participation'' heading in the section of this notice 
titled ``SUPPLEMENTARY INFORMATION .''
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the http://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Larry 
Liberatore at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Larry Liberatore, Acting Director, 
Office of Small Business Assistance, Directorate of Cooperative and 
State Programs, OSHA, U.S. Department of Labor, Room N-3660, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2220.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance process 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 (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, collection 
instruments are clearly understood, and OSHA's estimate of the 
information collection burden is accurate. The Occupational Safety and 
Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes 
information collection by employers as necessary or appropriate for 
enforcement of the 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 businesses, and to reduce to the maximum extent 
feasible unnecessary duplication of efforts in obtaining information 
(29 U.S.C. 657).
    Section 7(c)(1) of the OSH Act authorizes the Secretary of Labor 
to, ``with the consent of any State or political subdivision thereof, 
accept and use the services, facilities, and personnel of any agency of 
such State or subdivision with reimbursement.'' Section 21(C) of the 
Act authorizes the Secretary of Labor (Secretary) to, ``consult with 
and advise employers and employees * * * as to effective means of 
preventing occupational illnesses and injuries.''
    Additionally, Section 21(d) of the OSH Act instructs the Secretary 
to ``establish and support cooperative agreements with the States under 
which employers subject to the Act may consult with State personnel 
with respect to the application of occupational safety and health 
requirements under the Act or under State plans approved under section 
18 of the Act.'' This gives the Secretary authority to enter into 
agreements with the States to provide on-site consultation services, 
and establish rules under which employers may qualify for an inspection 
exemption. To satisfy the intent of these and other sections of the OSH 
Act, OSHA codified the terms that govern cooperative agreements between 
OSHA and State governments whereby State agencies provide on-site 
consultation services to private employers to assist them in complying 
with the requirements of the OSH Act. The terms were codified as the 
Consultation Program regulations (29 CFR Part 1908).
    The Consultation Program regulations specify services to be 
provided, and practices and procedures to be followed by the State On-
site Consultation Programs. Information collection requirements set 
forth in the On-site Consultation Program regulations are in two 
categories: State Responsibilities and Employer Responsibilities. Eight 
regulatory provisions require information collection activities by the 
State. The Federal government provides 90 percent of funds for on-site 
consultation services delivered by the States, which result in the 
information collection. Four requirements apply to employers and 
specify conditions for receiving the free consultation services.

[[Page 36906]]

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, 
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 
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information 
collection requirements contained in the Standard on On-site 
Consultation Agreements (29 CFR part 1908). The Agency is requesting to 
increase its current burden hour estimate associated with this Program 
from 21,771 hours to 231,207 hours, a total increase of 209,436 hours. 
The increase is a result of the following:
     Previously, a large percentage (over 90%) of all On-site 
Consultation Programs visits were deemed to be limited in scope. Over 
half of all such visits are now comprehensive in nature due to the 
States continued emphasis on providing comprehensive advice on safety 
and health management systems.
     We had previously estimated that only visits that were 
comprehensive in nature would provide a written report. Now all visits, 
whether comprehensive or limited in scope provide a written report to 
the employer, in accordance with our Consultation Policies and 
Procedures Manual.
     We had previously estimated that it took only 0.5 hours to 
complete a written report. As we have received input from our 
stakeholders in updating the Consultation Program policies and 
procedures, our small employers requested specific guidelines and 
information in order to implement the recommended safety and health 
improvements noted during our On-site Consultation visits. A recent 
survey of our Consultation Projects indicated that approximately 7.5 
hours are spent on these technical assistance reports (a range of 6-9 
hours).
    The Agency will summarize the comments submitted in response to 
this notice and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Consultation Agreements (29 CFR part 1908).
    OMB Number: 1218-0110.
    Affected Public: State Government, Local or Tribal Government, 
Federal Government, Not-for-profit institutions, Business or other for-
profits.
    Number of Respondents: 27,854.
    Frequency: Ranges from each visit to every other year.
    Average Time per Response: Ranges from 5 minutes (.08 hour) to 7.5 
hours.
    Estimated Total Burden Hours: 231,207.
    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 http://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All 
comments, attachments, and other material must identify the Agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2008-0019). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled ADDRESSES). 
The additional materials must clearly identify your electronic comments 
by your name, date, and the docket number so the Agency can attach them 
to your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger, or courier service, please contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
    Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
date of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available at the Web site's ``User 
Tips'' link. Contact the OSHA Docket Office for information about 
materials not available through the Web site, and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., 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. 5-2007 (72 FR 
31159).

    Signed at Washington, DC, on June 23, 2008.
Edwin G. Foulke, Jr.
Assistant Secretary of Labor, for Occupational Safety and Health.
[FR Doc. E8-14671 Filed 6-27-08; 8:45 am]

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