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[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Notices]
[Pages 2756-2757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00404]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2021-0013]

Pilot Study and Prospective Analyses of the Draft Revised Form 
33, Safety and Health Program Assessment Worksheet; 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 its request to extend 
OMB's approval of information collection requirements for OMB 1218-
0280, Expiration Date: June 30, 2025, regarding the Pilot Study for 3 
years (i.e., to June 30, 2028).

DATES: Comments must be submitted (postmarked, sent, or received) by 
March 14, 2025.

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-2021-0013) 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 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 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 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 sector 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 Occupational Safety and Health Administration (OSHA) is 
requesting approval from the Office of Management and Budget (OMB), 
pursuant to the Paperwork Reduction Act (PRA), for a 3 year extension 
of the information collection requirements for OMB Number 1218-0280, 
Expiration Date: June 30, 2025; to conduct validity and reliability 
analyses of a safety and health program (SHP) assessment worksheet, the 
Draft Revised Form 33 (DRF33), that will replace the current SHP 
Assessment Worksheet, OSHA Form 33, used by the OSHA On-Site 
Consultation Program (OMB Number 1218-0110; Expiration Date: February 
28, 2025. Completion of the studies on the DRF33 will enable OSHA to 
ensure that a valid, reliable, and efficient tool is provided to On-
Site Consultation programs in the fifty (50) states, the District of 
Columbia, and several United States territories to replace the current 
OSHA Form 33, thereby, enhancing the quality of consultative services.

[[Page 2757]]

    OMB Number 1218-0280 grants OSHA approval to conduct the following 
studies to assess the validity and reliability of the DRF33: a pre-test 
(i.e., 20 consultation visits) to assess Pilot Study procedures and the 
information technology platform so that any issues can be corrected 
before launching the Pilot Study; 300 pilot study consultation visits 
during which 350 safety and health program assessments of small- and 
medium-sized business workplaces will be conducted; a Prospective 
Analysis conducted at least 12 months after the pilot study 
consultation visits to assess any impact of the DRF33 at workplaces 
that received pilot study consultation visits; data analyses; and a 
follow-up study (i.e., 30 consultation visits) to assess any updates to 
the DRF33 resulting from data analyses and other findings.
    OSHA obtained approval for OMB Number 1218-0280 to begin the Pilot 
Study in July 2022. Since then, the pre-test has been completed; 326 
SHP assessments have been conducted out of the total number of 350 
planned assessments, during pilot study consultation visits by 
Consultation programs nationwide. However, the consultation visits with 
the SHP assessments have taken longer than initially planned. 
Consequently, the Prospective Analysis and data analyses have not 
commenced, therefore, OSHA is requesting an extension of 3 years of OMB 
Number 1218-0280. OSHA will continue to work to complete the Pilot 
Study as soon as possible.
    After completing the Pilot Study OSHA will request OMB approval 
before implementing the DRF33 for use by state On-Site Consultation 
programs nationwide (to replace the current Form 33). Similarly, OSHA 
will seek OMB approval if any additional updates are made to the 
approved worksheet, following the prospective study and data analyses.

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 to 
protect workers, 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, and 
transmission techniques.

III. Proposed Actions

    The agency is requesting a balance of 887 burden hours to complete 
the remaining tasks for the pilot study from 4,974 burden hours 
estimated to complete the entire pilot study.
    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: Extension of a currently approved data collection.
    Title: Pilot Study and Prospective Analysis of the Draft Revised 
Form 33, Safety and Health Program Assessment Worksheet.
    OMB Control Number: 1218-0280.
    Affected Public: Business and other for-profits.
    Number of Respondents: 523.
    Number of Responses: 810.
    Frequency of Responses: Varies.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 887.
    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-2021-0013). 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 January 3, 2025.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2025-00404 Filed 1-10-25; 8:45 am]
BILLING CODE 4510-26-P
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