[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58104-58105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22819]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0125]


On-Site 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 comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements contained in the regulations 
addressing On-Site Consultation Agreements.

DATES: Comments must be submitted (postmarked, sent, or received) by 
December 20, 2021.

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.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 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 website. 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 the 
OSHA docket number for this Federal Register notice (OSHA-2011-0125). 
OSHA will place comments and requests to speak, including personal 
information, in the public docket, which may be 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: Patrick Showalter, Director, Office of 
Small Business Assistance, Directorate of Cooperative and State 
Programs, OSHA, U.S. Department of Labor, telephone (202) 693-2220.

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

[[Page 58105]]

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 an inspection 
exemption. 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 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 On-Site Consultation Agreement regulations specify services to 
be provided, and practices and procedures to be followed by the State 
On-Site Consultation Agreement Programs. Information collection 
requirements set forth in the On-Site Consultation Agreement 
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 the funds for On-Site 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 is requesting an extension of the current approval of the 
collection of information requirements for the regulation. The agency 
is requesting an adjustment increase of 8,745 burden hours (from 
214,750 to 223,495 hours). This increase is primarily due to adding 
Puerto Rico Consultation to the OSHA 21(d) Program. Prior to 2018, 
Puerto Rico Consultation had operated under OSHA State Plans, under the 
governance of section 23(g) of the OSHA Act.
    In addition, the agency requests OMB approval to update the Safety 
and Health Program Assessment Worksheet, OSHA Form 33, to include minor 
edits.
    Type of Review: Extension of a currently approved collection.
    Title: On-Site Consultation Agreements (29 CFR part 1908).
    OMB Control Number: 1218-0110.
    Affected Public: Business or other for-profits.
    Number of Respondents: 22,896 (53 State Consultation Programs and 
22,843 Employers).
    Frequency: Initial, annual, quarterly, periodic.
    Average Time per Response: Varies.
    Estimated Number of Responses: 94,838.
    Estimated Total Burden Hours: 223,495.
    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 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please 
note: While OSHA's Docket Office is continuing to accept and process 
submissions by hand, express mail, messenger, and courier service. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0125) for 
the ICR. 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 that 
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 
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://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 for information about materials not 
available through the website, and for assistance in using the internet 
to locate docket submissions.

V. Authority and Signature

    James S. Frederick, 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on October 13, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-22819 Filed 10-19-21; 8:45 am]
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