[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)][Proposed Rules][Pages 68782-68783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27366]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1904 and 1952
[Docket No. OSHA-2013-0023]
RIN 1218-AC49
Public Meeting on the Improve Tracking of Workplace Injuries and
Illnesses Proposed Rule
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of public meeting.
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SUMMARY: OSHA invites interested parties to attend an informal public
meeting on the Improve Tracking of Workplace Injuries and Illnesses
proposed rule. The purpose of the public meeting is to allow interested
persons to provide oral remarks regarding the proposed rule. The
proposed rule is a limited rulemaking to amend OSHA's recordkeeping
regulations to add requirements for the electronic submission of injury
and illness information employers are already required to keep.
DATES: The public meeting will be held on Thursday, January 9, 2014
from 9 a.m. to 4:30 p.m. at the U.S. Department of Labor in Washington,
DC. The deadline to request to attend the meeting as a speaker or an
observer is Friday, December 13, 2013.
ADDRESSES: Requests to attend the public meeting: Requests to attend
the public meeting, identified by docket number OSHA-2013-0023, or
regulatory information number (RIN) 1218-AC49, as a speaker or
observer, may be made by any of the methods below.
a. Electronically: You may submit requests to attend the meeting
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting a
comment.
b. Fax: If your request, including attachments, does not exceed
more than 10 pages, you may fax them to the OSHA Docket Office at (202)
693-1648; or
c. Mail, hand delivery, express mail, messenger or courier service:
You may submit your request to attend the meeting, and any attachments,
to the OSHA Docket Office, Docket Number OSHA-2013-0023, U.S.
Department of Labor, Room N-2655, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number is
(877) 889-5627). 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.
Public Meeting: The public meeting will be held in the auditorium
of the U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210.
Requests for special accommodations: Submit requests for special
accommodations to attend the public meeting to Frank Meilinger,
Director, OSHA Office of Communications, Room N-3647, U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-1999; email: meilinger.francis2@dol.gov.
Instructions for submitting requests to attend the public meeting:
All requests to attend the public meeting must include the docket
number (Docket No. OSHA-2013-0023) or the RIN (1218-AC49) for this
rulemaking. Because of security-related procedures, submissions by
regular mail may result in significant delay. Please contact the OSHA
Docket Office for information about security procedures for making
submissions by hand delivery, express delivery, and messenger or
courier service.
All requests to attend the meeting, 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.
Therefore, OSHA cautions you about submitting personal information such
as social security numbers and birthdates. For further information on
submitting requests to attend, plus additional information on the
rulemaking process, see Public Participation in the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
a. Press inquiries: Contact Francis (Frank) Meilinger, Director,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202)
693-1999; email: meilinger.francis2@dol.gov.
b. General and technical information: Contact Dave Schmidt,
Director, Office of Statistical Analysis, OSHA Directorate of
Evaluation and Analysis, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3507, Washington, DC 20210; telephone: (202) 693-
1886; email: schmidt.dave@dol.gov.
c. Copies of this Federal Register notice: Electronic copies are
available at
http://www.regulations.gov. The Federal Register notice, as well as
news releases and other relevant information, also are available on the
OSHA Web page: http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 8, 2013, OSHA published the Improve Tracking of
Workplace Injuries and Illnesses proposed rule [See Vol. 78 FR 67254-
67283] OSHA proposes to amend its recordkeeping regulations to add
requirements for the electronic submission of injury and illness
information employers are already required to keep under Part 1904. The
proposed rule amends 29 CFR 1904.41 to add three new electronic
reporting requirements. The purpose of the rulemaking is to improve
workplace safety and health through the collection of useful,
accessible, establishment-specific injury and illness data to which
OSHA currently does not have direct, timely, and systematic access.
With the information acquired through the proposed rule, employers,
employees, employee representatives, the government, and researchers
will be better able to identify and abate workplace hazards. For
additional information on the proposed rule and other ways to submit
comments, see Vol. 78 FR 67254-67283.
II. Public Participation
Recordkeeping requirements promulgated under the Occupational
Safety and Health Act of 1970 (OSH Act) are regulations, not standards.
Therefore, this rulemaking is governed by the notice and comments
requirements in the Administrative Procedure Act (APA) (5 U.S.C. 553)
rather than section 6 of the OSH Act (29 U.S.C. 655) and 29 CFR part
1911. Section 6(b)(3) of the OSH Act (29 U.S.C. 655(b)(3)) and 29 CFR
1911.11, both of which state the requirement for OSHA to hold an
informal public hearing on proposed rules, only apply to promulgating,
modifying or revoking occupational safety and health standards.
Section 553 of the APA, which governs this proposal, does not
require a public hearing; instead, it states that the agency must
``give interested persons an opportunity to participate in the
rulemaking through submission of written data, views, or arguments with
or without opportunity for oral presentation'' (5 U.S.C. 553(c))
(emphasis added). To promulgate a proposed regulation, the APA requires
the agency to provide the terms of the proposed rule or a description
of these terms, specify the time during which the agency will receive
comments on the proposal, and give instructions regarding how to
participate in the rulemaking (5 U.S.C. 553(b)). The APA does not
specify a minimum period for submitting comments. In accordance with
the goals of Executive Order 12866, OSHA is providing 90 days for
public comment (E.O. 12866 section 6(a)(1)).
Public Meeting: OSHA will hold a public meeting on the proposed
rule from 9 a.m. to 4:30 p.m. on Thursday, January 9, 2014 at the U.S.
Department of Labor in Washington, DC (see ADDRESSES section). If
necessary, the meeting may be extended to subsequent days. The purpose
of the public meeting is to allow interested persons to provide oral
remarks on the proposed rule, which is a limited rulemaking to amend
its recordkeeping regulations to add requirements for the electronic
submission of injury and illness information employers are already
required to keep under Part 1904. Although OSHA is not required to hold
a public meeting on proposed regulations, the Agency believes that the
public meeting will help facilitate the development of a clear and
complete rulemaking record. Consistent with this purpose, OSHA has the
discretion to limit the time of speakers whose presentation goes beyond
the scope of the proposed regulation.
Requests for individuals to attend the meeting must be received by
Friday, December 13, 2013. The request must provide the following
information:
Name, email address, and telephone number of each
individual who will attend the meeting;
Name of the organization or establishment each attendee
represents, if any;
Occupational title and position of each attendee, if any;
If each attendee is planning to participate in-person or
via teleconference;
Whether each attendee is planning to speak at the meeting;
and
If planning to speak, the approximate time each attendee
wishes to speak, and the topics each attendee wishes to cover at the
meeting.
OSHA will review each request to speak and determine whether the
information it contains warrants the amount of time the individual
requested. To ensure that each individual wishing to speak is allotted
time, speakers will be limited to a maximum of 10 minutes each. OSHA
may also limit the time allocated to any individual who fails to comply
substantially with the procedures for submitting a request to speak.
At OSHA's discretion and as time permits, individuals who did not
submit a request to speak may be allowed time, not exceeding five
minutes, to make a brief oral statement at the end of the scheduled
presentations.
OSHA will provide access to the public meeting via teleconference.
Attendees participating via teleconference can listen in, but will be
unable to speak during the meeting. The number of lines provided is
limited and will be available on a first come, first served basis to
those who indicate that they will be participating via teleconference
in their requests to attend the meeting. Additional teleconference
information, including dial-in number, will be provided in advance of
the meeting.
OSHA will post the schedule of appearances for the public meeting,
as well as additional information about the meeting, on OSHA's Web
page: http://www.osha.gov. The meeting will be transcribed. The
transcription and all materials submitted during the public meeting
will be put in the public docket of the rulemaking (Docket No. OSHA-
2013-0023) at http://www.regulations.gov.
Authority and Signature
This document was prepared under the direction of David Michaels,
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and
Health, 200 Constitution Avenue NW., Washington, DC 20210. It is issued
under Sections 8 and 24 of the Occupational Safety and Health Act (29
U.S.C. 657, 673), Section 553 of the Administrative Procedure Act (5
U.S.C. 553), and Secretary of Labor's Order No. 41-2012 (77 FR 3912
(Jan. 25, 2012)).
Signed at Washington, DC, November 8, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-27366 Filed 11-14-13; 8:45 am]
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