[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Notices]
[Pages 73727-73728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20438]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0125]


Occupational Safety and Health On-Site Consultation Agreements; 
Revision 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 
revise the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Occupational 
Safety and Health On-Site Consultation Agreements. This revision will 
combine two separately approved data collections into one paperwork 
package for the On-Site Consultation Program. The agency is proposing 
to combine the Supporting Statement for Collection of Information, On-
Site Consultation Agreements, Safety and Health Program Assessment 
Worksheet, OSHA Form 33, OMB Control Number 1218-0110, Expiration Date: 
February 28, 2025); and Supporting Statement for the Collection of 
Information Requirements in the PSM On-Site Consultation Agreements, 
OMB Control Number 1218-0281, Expiration Date: July 31, 2026.

DATES: Comments must be submitted (postmarked, sent, or received) by 
November 12, 2024.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at https://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 https://www.regulations.gov. Documents in the docket are 
listed in the https://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the websites. 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 OSHA 
docket number (OSHA-2011-0125) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made 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: Seleda Perryman, 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 respondents' (i.e., employers and consultants) 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, the 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 from 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 effort 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 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 (and 
Territories) under which employers subject to the Act may consult with 
State \1\ personnel (i.e., consultants) 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 a programmed inspection deferral. 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 On-Site Consultation Program 
regulations (29 CFR part 1908).
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    \1\ Use of State within this document in regards to the On-Site 
Consultation Agreements/Program refers to both State governments and 
U.S. Territories.
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    The On-Site Consultation Program regulations specify services to be 
provided, and practices and procedures to be followed by the State On-
Site Consultation programs. Information collection requirements set 
forth in the On-Site Consultation Program 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

[[Page 73728]]

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:
    <bullet> Whether the proposed information collection requirements 
are necessary for the proper performance of the agency's functions to 
protect workers, 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, and 
transmission techniques.

III. Proposed Actions

    OSHA is proposing that OMB revise the approval of the information 
collection requirements contained in the Occupational Safety and Health 
On-Site Consultation Agreements. The agency is requesting an adjustment 
decrease and a program change to incorporate the collections from OMB 
Control Number 1218-0281. The number of burden hours have decreased 
from 223,495 to 195,692 hours, a difference of 27,759 hours. OSHA 
attributes this to fewer visits being conducted in recent years, 
including FY 2023. The reason for the fewer visits is likely flat 
funding of the program and inflationary pressures due to cost-of-living 
increases. Also, some Consultation programs are only now reestablishing 
onsite visits to worksites that were inaccessible during restrictions 
that resulted from the COVID-19 pandemic. Although there have been 
burden hour increases associated with some activities (e.g., adding 
activities associated with consultation visits involving the assessment 
of worksites where Process Safety Management (PSM) evaluations are 
conducted that were previously approved in OMB Control Number 1218-
0281, and OSHA's instructions to Consultation programs to use the 
entire Form 33 on more consultation visits, to enhance consultation 
services to small business employers), these burden hour increases have 
been fewer than the decreased burden hours associated with fewer 
visits.
    OSHA will summarize the comments submitted in response to this 
notice and will include this summary in the request to OMB to extend 
the approval of the information collection requirements.
    Type of Review: Revision of a currently approved data collection.
    Title: Occupational Safety and Health On-Site Consultation 
Agreements.
    OMB Control Number: 1218-0110.
    Affected Public: Business or other for-profits.
    Number of Respondents: 23,166.
    Number of Responses: 76,585.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 195,736.
    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 https://www.regulations.gov, which is the Federal 
eRulemaking Portal; or (2) by facsimile (fax), if your comments, 
including attachments, are not longer than 10 pages you may fax them to 
the OSHA Docket Office at 202-693-1648. All comments, attachments, and 
other material must identify the agency name and the OSHA docket number 
for the ICR (OSHA-2011-0125). You may supplement electronic submission 
by uploading document files electronically.
    Comments and submissions are posted without change at https://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 https://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download from this 
website. All submission, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the https://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 from the website, 
and for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, 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 et seq.) and Secretary of Labor's Order No. 8-2020 
(85 FR 58393).

    Signed at Washington, DC, on September 4, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-20438 Filed 9-10-24; 8:45 am]
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