[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Notices]
[Pages 67177-67180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25407]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0239(2005)]


Voluntary Protection Programs Information; 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 the 
Voluntary Protection Programs Information.

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DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by January 18, 2005.
    Facsimile and electronic transmission: Your comments must be 
received by January 18, 2005.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0239(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., e.t.
    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 instructions on the OSHA Web page 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, comments, submissions and the ICR are available for 
inspection and copying at the OSHA Docket Office at the address above. 
You may also contact Cathy Oliver 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: Cathy Oliver, Division of Voluntary 
Programs, Office of Partnerships and Recognition, Directorate of 
Cooperative and State Programs, OSHA, Room N-3700, 200 Constitution 
Avenue, NW., Washington, DC 20210, telephone: (202) 693-2213. A copy of 
the Agency's Information Collection Request (ICR) supporting the need 
for the information collection requirements for the Voluntary 
Protection Program is available for inspection and copying in the 
Docket Office, or you may request a mailed copy by telephoning Al 
Woodson at (202) 693-2589.

SUPPLEMENTARY INFORMATION:

I. 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) hard copy, (2) FAX transmission (facsimile), or (3) 
electronically through the OSHA Web page. Because of security related 
problems, there may be a significant delay 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 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 Web page and 
for assistance using the Web page to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
relevant documents are available on OSHA's Web page.

II. 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 OSHA's 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).
    The Voluntary Protection Programs (VPP) (47 FR 29025) adopted by 
OSHA established the efficacy of cooperative action among government, 
industry, and labor to address worker safety and health issues and to 
expand worker protection. To quality, employers must meet OSHA's 
rigorous safety and health management criteria which focus on 
comprehensive management systems and active employee involvement to 
prevent or control worksite safety and health hazards. Employers who 
qualify generally view OSHA standards as a minimum level of safety and 
health performance, and set their own more stringent standards, 
wherever necessary, to improve employee protection.
    Prospective VPP worksites must submit an application that includes:
    <bullet> General site information (i.e., site, corporate, and 
collective bargaining contact information).
    <bullet> Injury and illness rate performance information (i.e., 
number of employees and/or applicable contractors onsite, type of work 
performed and products produced, Standard Industrial Code, and 
Recordable Injury and Illness Case Incidence Rate information).
    <bullet> Safety and health program information (i.e., description 
of the site's safety and health management system including how the 
system successfully addresses management leadership and employee 
involvement, worksite analysis, hazard prevention and control, and 
safety and health training).
    OSHA uses this information to determine whether a worksite is ready 
for a VPP onsite evaluation and as a verification tool during VPP 
onsite evaluations. Without this information, OSHA would be unable to 
determine which sites are ready for VPP status.
    Each current VPP worksite is also required to submit an annual 
evaluation, in narrative format, that addresses how that site is 
continuing its adherence to programmatic requirements. OSHA needs this 
information to ensure that the worksite remains qualified to 
participate in the VPP in the three to five years between onsite 
evaluations. Without this information, OSHA would be unable to 
determine whether sites are maintaining excellent safety and health 
management systems during this interim period.
    The Occupational Safety and Health Administration (OSHA) is 
introducing the OSHA Challenge and VPP Corporate Pilot programs. The 
length of these pilots is planned for two years. However, after the 
first year OSHA will conduct evaluations to determine whether to 
continue, modify, or terminate these pilots. These new initiatives will 
expand programs to promote the safety and health of thousands of 
workers across the nation.
    OSHA Challenge is designed to reach and guide employers and 
companies in all major industry groups who are strongly committed to 
improving their

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safety and health management systems and interested in pursuing 
recognition in VPP. OSHA Challenge provides participants a guide or 
roadmap to improve performance and ultimately to achieve VPP Merit or 
Star approval. OSHA Challenge outlines the requirements needed to 
develop and implement effective safety and health management systems 
through incremental steps. At each stage, certain actions, 
documentation and outcomes are required in the areas covered by VPP 
criteria. Participants receive recognition from OSHA at the completion 
of each stage.
    Each Challenge Pilot Administrator is required to submit to OSHA 
electronically a Challenge Pilot Administrator's application package, 
Administrator's Statement of Commitment, Challenge Pilot 
Administrator's Information Form, Challenge Pilot Administrator's 
Quarterly Report (if there have been significant changes to any of its 
participant's sites), Challenge Pilot Administrator's Annual Report 
(the Challenge Pilot Administrator must prepare and submit the annual 
report electronically to OSHA).
    The VPP Corporate Pilot is designed to provide a more efficient 
process for Corporations to increase their level of participation in 
VPP. The pilot concept is two-fold; the Corporations submit an 
application that describes corporate level policies and programs that 
are uniformly applied at facilities across the Corporation. A 
comprehensive Corporate Program Evaluation is conducted by OSHA to 
verify the contents of the application. Once a Corporation is accepted 
in the VPP Corporate Pilot, all eligible corporate facilities will 
apply for VPP participation using more efficient streamlined 
application and onsite evaluation processes. Corporations accepted in 
the VPP Corporate Pilot must submit an annual safety and health report.
    VPP worksite employees may apply to participate in the Special 
Government Employee Program. The Special Government Employee Program 
was established as a means to leverage OSHA's limited resources. 
Through this program, safety and health professionals employed at VPP 
sites are trained to participate as team members during VPP onsite 
evaluations. In that capacity, Special Government Employees may review 
company documents, assist with worksite walkthroughs, interview 
employees, and assist in preparing VPP onsite evaluation reports. 
Potential Special Government Employees must submit a Special Government 
Employee's application that includes:
    <bullet> General contact information (i.e., applicant's name, 
professional credentials, site/corporate contact information, etc.).
    <bullet> A resume or the Optional Application for Federal 
Employment (OF-612) form.
    <bullet> Confidential Financial Disclosure Report (OGE Form 450).
    <bullet> Waiver of Claims against the Government.
    <bullet> Department of Labor Request for Name Check (DL-68).
    OSHA uses the contact information to arrange for Special Government 
Employee participation at VPP onsite evaluations, send congratulatory 
letters, and inform them of their status in the program. The resume or 
OF-612 and the DL-68 are used to determine whether an applicant is 
qualified to participate in the Special Government Employees Program. 
The OGE Form 450 is used to ensure that Special Government Employees do 
not participate in evaluations at sites where there may be a conflict 
of interest. The Waiver of Claims against the Government protects OSHA 
against liability.

III. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
    <bullet> 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;
    <bullet> The quality, utility, and clarity of the information 
collected; and
    <bullet> Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

IV. Proposed Actions

    OHSA proposes to extend the Office of Management and Budget's (OMB) 
approval of the collection of information (paperwork) requirements 
necessitated by the Voluntary Protection Programs. The Agency will 
include this summary in its request to OMB to extend the approval of 
these collections of information requirements.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Voluntary Protection Programs Application Information.
    OMB Number: 1218-0239.
    Affected Public: Business or other for-profits; and individuals or 
households.
    Number of Respondents:

VPP
    278 applications
    1,000 annual evaluations
OSHA Challenge
    10 applications from Challenge Pilot Administrators
    100 applications from Challenge Pilot Candidates
VPP Corporate
    7 applications from VPP Corporations
    70 applications from VPP Corporate Facilities
Special Government Employees
    101 applications from SGEs

    Total Respondents: 1,773.
    Frequency: VPP applications, Challenge Pilot Administrator's 
applications, Challenge Pilot Candidate application, VPP Corporate 
Pilot applications and VPP Corporate Pilot Facility VPP applications 
are submitted once, Challenge Pilot Administrator's Quarterly Reports 
are submitted quarterly (if there have been significant changes to any 
of its participant's sites), VPP annual Evaluations, Challenge Pilot 
Administrator's Annual Report, and Corporate Safety and Health Report 
are submitted once per year, and Special Government Employee 
applications are submitted once every three years.
    Average Time Per Response:

VPP General
    200 hours for VPP applications
    20 hours for VPP evaluations
OSHA Challenge
    5 hours for Challenge Pilot Administrator applications
    10 hours for Challenge Pilot Candidate applications
    5 hours for Challenge Pilot Candidate quarterly reports
    20 hours for Challenge Pilot Candidate annual reports
VPP Corporate
    120 hours for VPP Corporation's applications
    80 hours for VPP Corporate facility applications
    40 hours for VPP Corporation's annual reports
Special Government Employees (SGE)
    8 minutes for SGE applications
    10 minutes for DL-69 Request for Name Check

    Estimated Total Burden Hours:

VPP General
    55,600 hours for VPP applications
    20,000 hours for VPP annual evaluations
OSHA Challenge
    50 hours for Challenge Administrator's applications
    1,000 hours for Challenge Pilot Candidate's applications

[[Page 67180]]

    1,500 hours for Challenge Candidate's quarterly reports
    2,000 hours for Challenge Candidate's annual reports
VPP Corporate
    840 hours for Corporation's applications
    5,600 hours for Corporate VPP facility applications
    280 hours for Corporate facility annual reports
Special Government Employees (SGE)
    13 hours for SGE applications
    17 hours for DL-68 Request for Name Check

    Total Burden Hours per year (3-year average): 86,900.
    Estimated Cost (Operation and Maintenance): $0.

V. Authority and Signature

    John L. Henshaw, 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).

    Signed in Washington, DC, on November 9th, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-25407 Filed 11-15-04; 8:45 am]
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