[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 84007-84009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28330]


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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0056]


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 comments.

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

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 Voluntary Protection 
Programs Information.

DATES: Comments must be submitted (postmarked, sent, or received) by 
February 22, 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.
    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 a copy of your comments and 
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2011-0056, 
Occupational Safety and Health Administration, U.S. Department of

[[Page 84008]]

Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Please note: While OSHA's Docket Office is continuing to accept and 
process submissions by regular mail, due to the COVID-19 pandemic, the 
Docket Office is closed to the public and not able to received 
submissions to the docket by hand, express mail, messenger, and courier 
service.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (OSHA-2011-0056) for the Information Collection 
Request (ICR). All comments, including any personal information you 
provide, such as social security numbers and date of birth, 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 above address. 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 from the website. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
the below phone number to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
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 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) [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 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 Voluntary Protection Programs (VPP) [47 FR 29025], adopted by 
OSHA, established the efficacy of cooperative action among government, 
industry, and labor to address employee safety and health issues and to 
expand employee protection. To qualify, employers must meet OSHA's 
safety and health management criteria which focus on comprehensive 
management programs 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 applicant information (e.g., site, corporate, and 
collective bargaining contact information).
    <bullet> Injury and illness rate performance information (i.e., 
number of employees and/or applicable contractors on-site, type of work 
performed and products produced, North American Industry Classification 
System (NAICS), and Recordable Injury and Illness Case Incidence Rate 
information.
    <bullet> Safety and health management program information (i.e., 
description of the applicant's safety and health management programs) 
including how the programs 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 an applicant is ready for a VPP on-site evaluation 
and as a verification tool during VPP on-site evaluations. Without this 
information, OSHA would be unable to determine which sites are ready 
for VPP status.
    Each current VPP applicant is also required to submit an annual 
evaluation which addresses how that applicant is continuing the 
adherence to programmatic requirements. In 2008, OSHA modified 
procedures for VPP applicants, OSHA on-site evaluation, and annual 
participant self-evaluation for applicants/participants subject to 
OSHA's Process Safety Management (PSM) Standard. Applicants that 
perform works that use or produce highly hazardous chemical exceeding 
specified limits covered under the PSM standard must submit responses 
to the PSM application supplement along with their VPP application.
    Once in the VPP, the participant is required to submit an annual 
evaluation detailing the continued adherence to programmatic 
requirements. Applicants covered under the PSM standard are required to 
submit a PSM questionnaire a supplemental document as part of their 
annual submission. OSHA needs this information to ensure that the 
participant remains qualified to participate in the VPP between the on-
site evaluations. Without this information, OSHA would be unable to 
determine whether applicants are maintaining excellent safety and 
health management programs during this interim period.
    In 2009, with the publication of the Federal Register Notice (FRN), 
VPP revised the traditional focus on individual fixed worksites (site-
based) by adding two new ways to participate: mobile workforce and 
corporate. A significant reorganization of the program helps clarify 
the multiple participation options now available.
    Employees of VPP participants may apply to participate in the 
Special Government Employee (SGE) Program. The SGE Program offers 
private and public sector safety and health professionals and other 
qualified participants the opportunity to exchange ideas, gain new 
perspectives, and grow professionally while serving as full-fledged 
team members on OSHA's VPP on-site evaluations. In that capacity, SGEs 
may review company documents, assist with worksite walkthroughs, 
interview employees, and assist in preparing VPP on-site evaluation 
reports. Potential SGEs must submit an application that includes:
    <bullet> SGE Eligibility Information Sheet (i.e., applicant's name, 
professional credentials, site/corporate contact information, etc.);
    <bullet> Current Resume;
    <bullet> Optional Application for Federal Employment OF-612; and
    <bullet> Confidential Financial Disclosure Report (OGE Form 450).
    OSHA uses the SGE Eligibility Information Sheet to ensure that the 
potential SGE works at a VPP site and meets the minimum eligibility 
qualifications. The resume is required to provide a detailed 
description of their current duties and responsibilities as they relate 
to safety and health and the implementation of an effective safety and 
health management program. The OGE Form 450 is used to ensure that SGEs 
do not participate on on-site evaluations at VPP sites where they have 
a financial interest.

[[Page 84009]]

    OSHA Challenge is designed to reach and guide employers and 
companies in all major industry groups who are strongly committed to 
improving their safety and health management programs and possibly 
pursuing recognition in the VPP. The Challenge Administrators 
application is used to: (1) Conduct a preliminary analysis of the 
applicant's knowledge of safety and health management programs; and (2) 
make a determination regarding the applicant's qualifications to become 
a Challenge Administrator. Once a Challenge Administrator is approved, 
the Administrator will review each challenge candidate's application/
annual submissions to ensure that all necessary information is 
provided, prior to forwarding to OSHA's National Office for acceptance 
and analysis.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the information collection requirements are 
necessary for the proper performance of the agency's functions, 
including whether the information is useful;
    <bullet> The accuracy of the agency'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.

III. Proposed Actions

    OSHA is requesting an adjustment decrease of 363 burden hours from 
90,863 to 90,500 hours. The decrease is primarily due to the lack of 
Challenge participation, and lack of training of new SGE applicants and 
re-approval training of existing SGEs due to the negative impact of the 
COVID-19 imposed on all OSHA Cooperative Programs.
    Type of Review: Extension of a currently approved collection.
    Title: Voluntary Protection Programs Information.
    OMB Control Number: 1218-0239.
    Affected Public: Business or other for-profits.
    Number of Respondents: 4,052.
    Total Respondents: 3,601.
    Frequency: Various.
    Estimated Total Total Burden Hours: 90,500.
    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 regular mail, due to the COVID-19 pandemic, the Docket 
Office is closed to the public and not able to receive submissions to 
the docket 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-2011-0056). 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.
    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 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 at (202) 693-2350, (TTY (877) 889-5627) for 
information about materials not available through the website, and for 
assistance in using the internet to locate docket submissions. 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

    Loren Sweatt, Principal 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) and Secretary of Labor's Order No. 1-2012 (77 FR 
3912).

    Signed at Washington, DC, on December 17, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-28330 Filed 12-22-20; 8:45 am]
BILLING CODE 4510-26-P