[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Page 20442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8124]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


Proposed Information Collection; Comment Request

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Notice.

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SUMMARY: The Occupational Safety and Health Review Commission (OSHRC) 
invites the public and other Federal agencies to comment on a proposed 
information collection concerning participation in conventional 
proceedings as part of our review of the OSHRC Settlement Part program. 
OSHRC will submit the proposed information collection request to the 
Office of Management and Budget (OMB) for review, as required by the 
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.).

DATES: Written comments must be submitted on or before June 4, 2012.

ADDRESSES: Submit all written comments, identified by the title 
``Paperwork Reduction Act Information Collection--Conventional 
Proceedings'', by mail or hand delivery to John X. Cerveny, Deputy 
Executive Secretary, Occupational Safety and Health Review Commission, 
1120 20th Street NW., Washington, DC 20036-3457, by fax to 202-606-
5050, or by email to <a href="/cdn-cgi/l/email-protection#80f0f2e1e3efedede5eef4f3c0eff3e8f2e3aee7eff6"><span class="__cf_email__" data-cfemail="69191b080a0604040c071d1a29061a011b0a470e061f">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Requests for information or copies of 
the proposed information collection instrument should be directed to 
John X. Cerveny, Deputy Executive Secretary, Occupational Safety and 
Health Review Commission, 1120 20th Street NW., Ninth Floor, 
Washington, DC 20036-3457; Telephone (202) 606-5706; email address: 
<a href="/cdn-cgi/l/email-protection#f1818390929e9c9c949f8582b19e82998392df969e87"><span class="__cf_email__" data-cfemail="14646675777b7979717a6067547b677c66773a737b62">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: OSHRC's Settlement Part program, codified at 
29 CFR 2200.120, is designed to encourage settlements on contested 
citations issued by the U.S. Department of Labor's Occupational Safety 
and Health Administration (OSHA) and to reduce litigation costs. The 
program requires employers who receive job safety or health citations 
that include proposed penalties of $100,000 or more in total to 
participate in formal settlement talks presided over by an OSHRC 
Administrative Law Judge. If settlement efforts fail, the case would 
continue under OSHRC's conventional proceedings, usually before a judge 
other than the one who presided over the settlement proceedings.
    OSHRC has submitted for OMB review a proposed information 
collection from participants in the Settlement Part program. A copy of 
that information collection request (ICR) with applicable supporting 
documentation may be obtained from the RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain, or by contacting John X. Cerveny, 
Deputy Executive Secretary, Occupational Safety and Health Review 
Commission, 1120 20th Street NW., Ninth Floor, Washington, DC 20036-
3457; Telephone (202) 606-5706; email address: <a href="/cdn-cgi/l/email-protection#addddfcccec2c0c0c8c3d9deedc2dec5dfce83cac2db"><span class="__cf_email__" data-cfemail="69191b080a0604040c071d1a29061a011b0a470e061f">[email protected]</span></a>.
    OSHRC proposes to conduct a second voluntary survey of employer, 
Department of Labor (OSHA) personnel (decision makers), Authorized 
Employee Representatives, and their representatives, including 
attorneys, who personally participated in OSHRC cases between February 
15, 2011 and June 30, 2012, where a total proposed penalty between 
$50,000 and $99,999 was involved and where OSHRC Settlement Part 
Process procedures were not used. The cases would include those settled 
by the parties without an OSHRC judge conducting a face-to-face 
settlement proceeding, as well as any cases within the above dollar 
range that went to a trial on the merits. These cases would be 
considered part of a control group. Participant responses will be used 
for comparative purposes and to facilitate our understanding of the 
efficacy of the Settlement Part program. The proposed information 
collection instrument is a written survey consisting of a series of 
questions to determine participants' level of satisfaction with OSHRC 
processes and outcomes. They are intended to take a respondent no more 
than 30 minutes to complete. The respondents may skip any questions 
that they do not feel comfortable answering, and are permitted to 
comment further on their experiences at the end of the questionnaire.
    OSHRC will submit the proposed information collection to the Office 
of Management and Budget for review, as required by the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OSHRC invites comments 
on: (1) Whether the proposed collection of information is necessary for 
the proper performance of the agency's functions, including whether the 
information will have practical utility; (2) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (3) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (4) ways to minimize the burden of the 
information collection on respondents, including through the use of 
automated collection techniques, when appropriate, and other forms of 
information technology. Comments submitted in response to this notice 
will be summarized and included in the request for OMB approval of this 
information collection; they also will become a matter of public 
record.
    OMB Control Number: Not applicable, new request.
    Form Number: Not applicable.
    Type of Review: Regular submission (new information collection).
    Title: Survey of Participants in OSHRC Conventional Proceedings 
where between $50,000 and $99,999 is at issue.
    Description: Information collection required to evaluate the Review 
Commission's Settlement Part process.
    Affected Public: Employer and Department of Labor (OSHA) personnel 
(decision makers), Authorized Employee Representatives, and their 
representatives, including attorneys, who have personally participated 
in OSHRC cases between February 15, 2011 and June 30, 2012, where a 
total proposed penalty between $50,000 and $99,999 was involved and 
where OSHRC Settlement Part Process procedures were not used.
    Estimated Number of Respondents: 500.
    Estimated Time per Response: 30 minutes.
    Estimated Total Reporting Burden: 250 hours.
    Obligation To Respond: Voluntary.

    Dated: March 30, 2012.
Debra Hall,
Acting Executive Director.
[FR Doc. 2012-8124 Filed 4-3-12; 8:45 am]
BILLING CODE 7600-01-P


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