DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-98-36]

Agency Information Collection Activities; Proposed Collection; Comment Request; Consultation Agreements, 29 CFR Part 1908

ACTION: Notice.

SUMMARY: The DEPARTMENT OF LABOR, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and impact of collection requirements on respondents can be properly assessed. Currently, the Occupational Safety and Health Administration (OSHA) is soliciting comments concerning the proposed reinstatement of the information collection requirement contained in 29 CFR Part 1908. The Agency is particularly interested in comments which:

• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

• Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

• Enhance the quality, utility, and clarity of the information to be collected; and

• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

DATES: Written comments must be submitted on or before February 8, 1999.

ADDRESSES: Comments are to be submitted to the Docket Office, Docket No. ICR-98-36, Occupational Safety and Health Administration, U.S. DEPARTMENT OF LABOR, Room N-2625, 200 Constitution Avenue, NW, Washington, D.C. 20210. Telephone: (202) 219-7894, Written comments limited to 10 pages or less in length may also be transmitted by facsimile to (202) 219-5046.

FOR FURTHER INFORMATION CONTACT: Francis Yebesi, Directorate of Federal-State Operations, Occupational Safety and Health Administration, U.S. DEPARTMENT OF LABOR, Room N- 3700, 200 Constitution Avenue, NW, Washington, D.C. 20210, telephone: (202) 693-2213. Copies of the referenced information collection request are available for inspection and copying in the Docket Office and will be mailed to persons who request copies by telephoning Francis Yebesi at (202) 693-2233, or Barbara Bielaski at (202) 693-1954.

SUPPLEMENTARY INFORMATION:

I. Background

Section 7(c)(1) of the Occupational Safety and Health (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 to "consult with and advise employers and employees . . . as to effective means of preventing occupational illnesses and injuries." To satisfy the intent of these and other sections of the OSH Act, the Occupational Safety and Health Administration (OSHA) codified the terms that govern cooperative agreements between OSHA and State governments whereby State agencies provide consultation services to private employers to assist them in complying with the requirements of the Occupational Safety and Health (OSH) Act. The terms were codified as the Consultation Program regulations (29 CFR part 1908).

The consultation regulations specify services to be provided and practices and procedures to be followed by the state consultation programs. Information collection requirements set forth in the consultation regulations are in two categories: "State Responsibilities" and "Employer Responsibilities." Five regulatory provisions require information collection activities by the State. The Federal government provides 90 percent of funds for consultation services under the terms of the cooperative agreement. Three requirements apply to employers and specify conditions which the employer must meet before receiving consultation services.

The Compliance Assistant Authorization Act of 1998 (H.R. 2864), which amends section 21 of the OSH Act of 1970 by adding a new paragraph (d), authorizes the Secretary of Labor to enter into agreements with States to provide consultation services, and to establish rules under which employers may qualify for inspection exemption. OSHA plans to propose changes to 29 CFR part 1908 to achieve the intent of H.R. 2864. Program modification resulting from H.R. 2864 (as implemented through changes to 29 CFR part 1908) entail additional collection requirements.

II. Current Actions

This notice requests a reinstatement of the Office of Management and Budget (OMB) approval of the Consultation Agreements (formerly OMB Number 1218-0110).

Type of Review: Reinstatement.

Agency: U.S. DEPARTMENT OF LABOR, Occupational Safety and Health Administration. Title: Consultation Agreements.

OMB Number: 1218-0NEW (formerly 1218-0110).

Agency Number: Docket Number ICR-98-36.

Affected Public: State government designees and/or employers who use State consultation services.

Frequency: On occasion.

Average Time Per Response:

State Government designees:

40 hours to prepare cooperative agreement.

17.5 hours to prepare files for review.

30 minutes to report failure to correct hazards.

5 minutes to prepare list of serious hazards and correction due dates. Employers using consultation service:

10 minutes to verify correction of hazards.

5 minutes to post list of serious hazards and correction due dates.

5 minutes to inform Compliance Safety and Health Officer (CSHO) of consultation visit in progress.

3 minutes to post notice of participation in the Safety and Health Achievement Recognition Program (SHARP).

Estimated Total Burden Hours: 11,935.

Total Annualized Capital/Startup Costs: $0.

Signed at Washington, D.C., this 1st day of December 1998.

Charles N. Jeffress,
Assistant Secretary of Labor.

[FR Doc. 98-32535 Filed 12-7-98; 8:45 am]

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