[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Notices]
[Pages 2756-2757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00404]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2021-0013]
Pilot Study and Prospective Analyses of the Draft Revised Form
33, Safety and Health Program Assessment Worksheet; 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 its request to extend
OMB's approval of information collection requirements for OMB 1218-
0280, Expiration Date: June 30, 2025, regarding the Pilot Study for 3
years (i.e., to June 30, 2028).
DATES: Comments must be submitted (postmarked, sent, or received) by
March 14, 2025.
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-2021-0013) 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 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 (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, 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 OSHA to 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
(Secretary) 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 OSH Act authorizes the 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 a programmed
inspection deferral. 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 sector employers to
assist them in complying with the requirements of the OSH Act. The
terms were codified as the Consultation Agreement regulations (29 CFR
part 1908).
The Occupational Safety and Health Administration (OSHA) is
requesting approval from the Office of Management and Budget (OMB),
pursuant to the Paperwork Reduction Act (PRA), for a 3 year extension
of the information collection requirements for OMB Number 1218-0280,
Expiration Date: June 30, 2025; to conduct validity and reliability
analyses of a safety and health program (SHP) assessment worksheet, the
Draft Revised Form 33 (DRF33), that will replace the current SHP
Assessment Worksheet, OSHA Form 33, used by the OSHA On-Site
Consultation Program (OMB Number 1218-0110; Expiration Date: February
28, 2025. Completion of the studies on the DRF33 will enable OSHA to
ensure that a valid, reliable, and efficient tool is provided to On-
Site Consultation programs in the fifty (50) states, the District of
Columbia, and several United States territories to replace the current
OSHA Form 33, thereby, enhancing the quality of consultative services.
OMB Number 1218-0280 grants OSHA approval to conduct the following
studies to assess the validity and reliability of the DRF33: a pre-test
(i.e., 20 consultation visits) to assess Pilot Study procedures and the
information technology platform so that any issues can be corrected
before launching the Pilot Study; 300 pilot study consultation visits
during which 350 safety and health program assessments of small- and
medium-sized business workplaces will be conducted; a Prospective
Analysis conducted at least 12 months after the pilot study
consultation visits to assess any impact of the DRF33 at workplaces
that received pilot study consultation visits; data analyses; and a
follow-up study (i.e., 30 consultation visits) to assess any updates to
the DRF33 resulting from data analyses and other findings.
OSHA obtained approval for OMB Number 1218-0280 to begin the Pilot
Study in July 2022. Since then, the pre-test has been completed; 326
SHP assessments have been conducted out of the total number of 350
planned assessments, during pilot study consultation visits by
Consultation programs nationwide. However, the consultation visits with
the SHP assessments have taken longer than initially planned.
Consequently, the Prospective Analysis and data analyses have not
commenced, therefore, OSHA is requesting an extension of 3 years of OMB
Number 1218-0280. OSHA will continue to work to complete the Pilot
Study as soon as possible.
After completing the Pilot Study OSHA will request OMB approval
before implementing the DRF33 for use by state On-Site Consultation
programs nationwide (to replace the current Form 33). Similarly, OSHA
will seek OMB approval if any additional updates are made to the
approved worksheet, following the prospective study and data analyses.
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
The agency is requesting a balance of 887 burden hours to complete
the remaining tasks for the pilot study from 4,974 burden hours
estimated to complete the entire pilot study.
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 data collection.
Title: Pilot Study and Prospective Analysis of the Draft Revised
Form 33, Safety and Health Program Assessment Worksheet.
OMB Control Number: 1218-0280.
Affected Public: Business and other for-profits.
Number of Respondents: 523.
Number of Responses: 810.
Frequency of Responses: Varies.
Average Time per Response: Varies.
Estimated Total Burden Hours: 887.
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-2021-0013). 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 January 3, 2025.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2025-00404 Filed 1-10-25; 8:45 am]
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