Federal Register, Volume 76 Issue 55 (Tuesday, March 22, 2011)

[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Notices]
[Pages 16000-16002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6654]

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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's) 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 proposal to
extend the Office of Management and Budget's (OMB's) approval of the
information collection requirements contained in Voluntary Protection
Programs Information.

DATES: Comments must be submitted (postmarked, sent, or received) by
May 23, 2011.

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,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2011-
0056). All comments, including any personal information you provide,
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 address above. 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 through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: Patrick Showalter, Acting Director,
Office of Partnerships and Recognition, Directorate of Cooperative and
State Programs, OSHA, U.S. Department of Labor, Room N-3700, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2213.

SUPPLEMENTARY INFORMATION:

I. 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

[[Page 16001]]

OSHA's estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the 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 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 efforts in
obtaining information (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:
General applicant information (e.g., site, corporate, and
collective bargaining contact information).
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) codes, and Recordable Injury and Illness Case Incidence Rate
information).
Safety and health management program information (i.e., description
of the applicant's safety and health management programs including how
the programs successfully address 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 its
adherence to programmatic requirements.
In 2008, OSHA modified procedures for VPP applicants, OSHA on-site
evaluations, and annual participant self-evaluations for applicants/
participants subject to OSHA's Process Safety Management (PSM)
Standard. Applicants that perform work that use or produce highly
hazardous chemicals 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 its 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 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)
(74 FR 927, January 9, 2009), VPP revised its 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 helped 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:
SGE Eligibility Information Sheet (i.e., applicant's name,
professional; credentials, site/corporate contact information, etc.);
Current Resume;
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 in-which they
have a financial interest.
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 Administrator's
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 program's Administrator will review each Challenge candidate's
application/annual submissions to ensure that all necessary information
is provided, prior to forwarding them to OSHA's National Office for
analysis and acceptance.

II. Special Issues for Comment

OSHA has a particular interest in comments on the following issues:
Whether the information collection requirements are
necessary for the proper performance of the Agency's functions,
including whether the information is useful;
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;
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
collection and transmission techniques.

III. Proposed Actions

OSHA proposes to extend OMB's approval of the collection of
information (paperwork) requirements necessitated by the Voluntary
Protection Programs. The Agency is requesting an adjustment in the
burden hours from 105,965 to 115,359; a total increase of 9,394 hours.
The Agency will summarize the comments submitted in response to this
notice, and will include this summary in its request to OMB to extend
the approval of these information collection requirements.
Type of Review: Extension of a currently approved collection.

[[Page 16002]]

Title: Voluntary Protection Programs Information.
OMB Number: 1218-0239.
Affected Public: Business or other for-profits; individuals or
households; Federal government; state, local or tribal government.
Number of Respondents:

VPP

300 Applications
75 Process Safety Management Applications
1,700 Annual Evaluations
425 (PSM) Annual Evaluations/Supplemental Questionnaire

Challenge

14 Challenge Administrator's Applications
210 Challenge Participant's Applications
210 Challenge Quarterly Reports
210 Challenge Annual Evaluations

Special Government Employees

900 SGE Eligibility Information Sheets
900 Resumes
300 Confidential Financial Disclosure Forms (OGE- Form 450)
Total Respondents: 5,244.
Frequency: VPP applications and Challenge Administrator's and
Participant's applications are submitted once;
VPP and Challenge Annual Evaluations are submitted annually, and
SGE applications are submitted once every three years.
Average Time Per Response:

VPP General

200 hours for VPP Applications
20 hours for VPP Annual Evaluations

Process Safety Management

40 hours for Applications
20 hours for Annual Evaluations

Challenge

5 hours for Challenge Administrator's Applications
10 hours for Challenge Candidate Applications
5 hours for Challenge Quarterly Reports
20 hours for Challenge Annual Evaluations

Special Government Employees (SGE)

8 minutes (.13 hour) for SGE Eligibility Information Sheet
30 minutes (.50 hour) for SGE Resume
30 minutes (.50 hour) for Confidential Financial Disclosure Form
Estimated Total Burden Hours: 115,359.
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. 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. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
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
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

David Michaels, PhD, MPH, 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. 4-2010
(75 FR 55355).

Signed at Washington, DC, on March 17, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-6654 Filed 3-21-11; 8:45 am]
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