• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    70:37121-37122
  • Standard Number:
  • Title:
    Onsite Consultation Agreements; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
    [Federal Register: June 28, 2005 (Volume 70, Number 123)][Notices]               [Page 37121-37122]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr28jn05-96]                         

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    DEPARTMENT OF LABOR

    Occupational Safety and Health Administration

    [Docket No. ICR-1218-0110 (2005)]


    Onsite Consultation Agreements; 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 public comment concerning its request for an 
    extension of the information collection requirements contained in its 
    onsite consultation agreements (29 CFR 1908).

    DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
    by August 29, 2995.
    Facsimile and electronic transmission: Your comments must be 
    received by August 29, 2005.

    ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
    1218-0110(2005), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger 
    service: Submit your comments and attachments to the OSHA Docket 
    Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, 
    NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number 
    is (877) 889-5627). OSHA Docket Office and Department of Labor hours 
    are 8:15 a.m. to 4:45 p.m., ET.
    Facsimile: If your comments are 10 pages or fewer in length, 
    including attachments, you may fax them to the OSHA Docket Office at 
    (202) 693-1648.
    Electronic: You may submit comments through the Internet at 
    http://ecomments.osha.gov. Follow the instructions on the OSHA 
    Webpage for submitting comments.
    Docket: For access to the docket to read or download comments or 
    background materials, such as the complete Information Collection 
    Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and 
    attachments), go to OSHA's Web page at http://www.OSHA.gov. In 
    addition, the ICR, comments and submissions are available for 
    inspection and copying at the OSHA Docket Office at the address above. 
    You also may contact Todd Owen at the address below to obtain a copy of 
    the ICR. For additional information on submitting comments, please see 
    the "Public Participation" heading in the SUPPLEMENTARY INFORMATION 
    section of this document.

    FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards 
    and Guidance, OSHA, Room N-3609, 200 Constitution Avenue, NW., 
    Washington, DC 20210, telephone (202) 693-2222.

    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 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-95) (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 the Occupational Safety and Health 
    Administration's (OSHA) estimate of the information collection burden 
    is accurate. The Occupational Safety and Health Act of 1970 (the 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).
    Section 7(c)(1) of the 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 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 onsite consultation services, and 
    established rules under which employers may qualify for an inspection 
    exemption. To satisfy the intent of these and other sections of the 
    Act, OSHA codified the terms that govern cooperative agreements between 
    OSHA and State governments whereby State agencies provide onsite 
    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 
    Onsite Consultation Programs. Information collection requirements set 
    forth in the Onsite 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 onsite 
    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.

    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 proposes to extend the Office of Management and Budget's (OMB) 
    approval of the collection of information (paperwork) requirements 
    necessitated by Onsite Consultation Agreements (29 CFR 1908). In its 
    extension request, OSHA also is proposing to increase the total burden 
    hours for these requirements from 17,530 hours to 21,771 hours. The 
    Agency will include this summary in its request to OMB to extend the 
    approval of the collection of information requirements.
    Type of Review: Extension of currently approved information 
    collection requirements.
    Title: Onsite Consultation Agreements (29 CFR Part 1908).
    OMB Number: 1218-0110.
    Affected Public: Business or other for-profits; not-for-profit 
    organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 31,048.
    Frequency of Response: Monthly.
    Average time Per Response: Varies from 3 minutes (.02 hour) for an 
    employer or plant manager to sign a Safety and health achievement 
    Recognition Program application to 32 hours for an Onsite Consultation 
    Program Manager to submit an agreement once per year.
    Estimated Total Burden Hours: 21,771.
    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 and supporting materials in response to 
    this notice by (1) hardy copy, (2) fax transmission (facsimile), or (3) 
    electronically through the OSHA Webpage. Because of security-related 
    problems, a significant delay may occur in the receipt of comments by 
    regular mail. Please contact the OSHA Docket Office at (202) 693-2350 
    (TTY (877) 889-5627) for information about security procedures 
    concerning the delivery of submissions by express delivery, hand 
    delivery, hand delivery, and courier service.
    All comments, submissions and background documents are available 
    for inspection and copying at the OSHA Docket Office at the above 
    address. comments and submissions posted on OSHA's Web page are 
    available at http://www.OSHA.gov. Contact the OSHA Docket Office for 

    information about materials not available through the OSHA Webpage and 
    for assistance using the Webpage to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
    relevant documents are available on OSHA's Webpage. Since all 
    submissions become public, private information such as social security 
    numbers should not be submitted.

    V. Authority and Signature

    Jonathan L. Snare, Acting 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-
    2002 (67 FR 65008).

    Dated: Signed at Washington, DC, on June 22, 2005.
    Jonathan L. Snare,
    Acting Assistant Secretary of Labor.
    [FR Doc. 05-12767 Filed 6-27-05; 8:45 am]

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