
[Federal Register: August 12, 2010 (Volume 75, Number 155)]
[Notices]               
[Page 48992-48994]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au10-88]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0033]

 
Baseline Safety and Health Practices; Office of Management and 
Budget's (OMB) Approval of Information Collection (Paperwork) 
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

[[Page 48993]]


ACTION: Request for public comment.

-----------------------------------------------------------------------

SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
soliciting public comments concerning the collection of information 
about the safety and health practices of private sector establishments 
in agriculture (with 10 or more workers) and non-agriculture 
industries, as well as public sector establishments in those states 
with OSHA-approved safety and health programs (State Plan states).

DATES: Comments must be submitted (postmarked, sent, or received) by 
October 12, 2010.

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-2010-0033, 
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 Information Collection Request (ICR) (OSHA-2010-
0033). 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 contact Todd Owen or Theda 
Kenney at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, 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 (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 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 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).
    The Occupational Safety and Health Administration (OSHA) is 
undertaking a rulemaking effort directed toward requiring employers to 
establish injury and illness prevention programs to monitor and more 
effectively implement practices to mitigate workplace hazards, thereby 
reducing the incidence of employee injuries and illnesses. OSHA 
believes that widespread implementation of such programs will 
substantially improve overall workplace safety and health conditions.
    To gain information needed to support this rulemaking effort, OSHA 
is proposing to conduct a statistical survey of private sector 
establishments in non-agricultural industries. The goal of the survey 
is to develop industry-specific, statistically accurate estimates of 
the current prevalence of a variety of baseline safety and health 
practices that may be elements of injury and illness prevention 
programs among establishments. OSHA also proposes to conduct case study 
interviews in two sectors: (1) establishments in the agriculture sector 
to assess the prevalence of safety and health practices among farms 
with more than 10 workers; and (2) interviews with government officials 
in State Plan states to assess safety and heath practices among 
agencies and departments operated by state and local governments in 
State Plan states.
    In addition to the statistical survey (Baseline Safety and Health 
Practices) described above--which also includes ``case studies'' in two 
industry sectors that could not be adequately sampled by the survey 
methodology--the Agency is proposing to conduct as many as 50 site 
visits to employers. These employers could potentially be affected by a 
new standard that could require a management program or system to 
address workplace hazards. Site visits would collect information on 
current employer practices (much like the information collected in the 
``case studies'' and the survey questionnaire itself), but also solicit 
information from employers on how they would comply with such a 
regulation and what time or costs would be required to do so. Site 
visit reports capture much richer detail about employer conditions than 
the survey instrument, reflecting variations of employer size and 
industry sector. These site visits would be conducted either by OSHA 
personnel or a contractor under the agency's direction.

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 OMB approval of the collection of information 
(paperwork) requirements contained in the Baseline Safety and Health 
Practices Survey. The hour burden of the

[[Page 48994]]

information collection effort for the study is 4,177 hours. The burden 
hour estimates are based on tests of the length of time each type of 
respondent is likely to need to respond to the survey questions. The 
total cost to respondents is $213,153. This is a one-time data 
collection effort.
    OSHA will summarize the comments submitted in response to this 
notice, and will include this summary in its request to OMB to approve 
the information collection requirements in the Baseline Safety and 
Health Practices Survey.
    Type of Review: New Collection.
    Title: Baseline Safety and Health Practices.
    OMB Number: 1218-0NEW.
    Affected Public: Private businesses; state and local government 
entities in State plan states.
    Number of Respondents: Statistical Survey--14,202; Case Studies--85 
(agriculture and government sectors combined); Site visits--50.
    Frequency: Nonrecurring.
    Estimated Time Per Response: Statistical Survey--30 minutes (0.5 
hour); Case Studies--30 minutes (0.5 hour) for agricultural 
establishments, 60 minutes (1 hour) for state and local governments; 
Site visits--2 hours.
    Total Burden Hours: Statistical Survey--4,022; Case Studies--55; 
Site Visits--100.
    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 
e-Rulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All 
comments, attachments, and other materials must identify the Agency 
name and the OSHA docket number for the ICR (Docket No. OSHA-2010-
0033). 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 publically 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 through 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

    David Michaels, PhD, MPH, 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 31160).

    Signed at Washington, DC, on this 6th day of August 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-19869 Filed 8-11-10; 8:45 am]
BILLING CODE 4510-26-P

