60 Day FRN (2011)

Preclearance FRN 01-13-11.pdf

Notice of Alleged Safety and Health Hazards, OSHA-7 Form

60 Day FRN (2011)

OMB: 1218-0064

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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
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–2010–
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.
Dated: January 6, 2011.
For further information on submitting
Lynn Murray,
comments see the ‘‘Public Participation’’
Department Clearance Officer, PRA, United
heading
in the section of this notice
States Department of Justice.
titled SUPPLEMENTARY INFORMATION.
[FR Doc. 2011–478 Filed 1–12–11; 8:45 am]
Docket: To read or download
BILLING CODE 4410–13–P
comments or other material in the
docket, go to http://www.regulations.gov
or the OSHA Docket Office at the
DEPARTMENT OF LABOR
address above. All documents in the
docket (including this Federal Register
Occupational Safety and Health
notice) are listed in the http://
Administration
www.regulations.gov index; however,
[Docket No. OSHA–2010–0056]
some information (e.g., copyrighted
material) is not publicly available to
OSHA–7 Form (‘‘Notice of Alleged
read or download through the Web site.
Safety and Health Hazards’’); Extension All submissions, including copyrighted
of the Office of Management and
material, are available for inspection
Budget’s (OMB) Approval of
and copying at the OSHA Docket Office.
Information Collection (Paperwork)
You may also contact Todd Owen at the
Requirements
address below to obtain a copy of the
AGENCY: Occupational Safety and Health ICR.
Administration (OSHA), Labor.
FOR FURTHER INFORMATION CONTACT:
Todd Owen, Directorate of Standards
ACTION: Request for public comments.
and Guidance, OSHA, U.S. Department
SUMMARY: OSHA solicits public
of Labor, Room N–3609, 200
comments concerning its proposal to
Constitution Avenue, NW., Washington,
extend OMB approval of the
DC 20210; telephone (202) 693–2222.
information collection requirements
SUPPLEMENTARY INFORMATION:
specified in the OSHA–7 Form.
I. Background
DATES: Comments must be submitted
(postmarked, sent, or received) by
The Department of Labor, as part of its
March 14, 2011.
continuing effort to reduce paperwork
and respondent (i.e., workers filing
ADDRESSES:
occupational safety or health
Electronically: You may submit
complaints) burden, conducts a
comments and attachments
preclearance consultation program to
electronically at http://
provide the public with an opportunity
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the to comment on proposed and
continuing information collection
instructions online for submitting
requirements in accordance with the
comments.
Paperwork Reduction Act of 1995 (44
Facsimile: If your comments,
U.S.C. 3506(c)(2)(A)). This program
including attachments, are not longer
ensures that information is in the
than 10 pages, you may fax them to the
desired format, reporting burden (time
OSHA Docket Office at (202) 693–1648.
and costs) is minimal, collection
Mail, hand delivery, express mail,
instruments are clearly understood, and
messenger, or courier service: When
OSHA’s estimate of the information
using this method, you must submit
collection burden is accurate. The
your comments and attachments to the
OSHA Docket Office, OSHA Docket No. Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
OSHA–2010–0056, U.S. Department of
seq.) authorizes information collection
Labor, Occupational Safety and Heath
by employers as necessary or
Administration, Room N–2625, 200
Constitution Avenue, NW., Washington, appropriate for enforcement of the OSH
Act or for developing information
DC 20210. Deliveries (hand, express
regarding the causes and prevention of
mail, messenger, and courier service)
occupational injuries, illnesses, and
are accepted during the Department of
accidents (29 U.S.C. 657). The OSH Act
Labor’s and Docket Office’s normal

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collection: 2,000 hours annual burden
hours associated with this collection.
If Additional Information is Required
Contact: Lynn Murray, Department
Clearance Officer, United States
Department of Justice, Policy and
Planning Staff, Justice Management
Division, Two Constitution Square, 145
N Street, NE., Suite 2E–502,
Washington, DC 20530.

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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).
Under paragraphs (a) and (c) of 29
CFR § 1903.11 (‘‘Complaints by
employees’’) workers and their
representatives may notify the OSHA
area director or an OSHA compliance
officer of safety and health hazards
regulated by the Agency that they
believe exist in their workplaces at any
time. These provisions state further that
this notification must be in writing and
‘‘shall set forth with reasonable
particularity the grounds for the notice,
and shall be signed by the employee or
representative of the employee.’’
In addition to providing specific
hazard information to the Agency,
paragraph (a) permits workers/worker
representatives to request an inspection
of the workplace. Paragraph (c) also
addresses situations in which workers/
worker representatives may provide the
information directly to the OSHA
compliance officer during an inspection.
An employer’s former workers may also
submit complaints to the Agency.
To address the requirements of
paragraphs (a) and (c), especially the
requirement that the information be in
writing, the Agency developed the
OSHA–7 Form; this form standardized
and simplified the hazard reporting
process. For paragraph (a), they may
complete an OSHA–7 Form obtained
from the Agency’s Web site and then
send it to OSHA online, or deliver a
hardcopy of the form to the OSHA area
office by mail or facsimile, or by hand.
They may also write a letter containing
the information and hand deliver it to
the area office, or send it by mail or
facsimile. In addition, they may provide
the information orally to the OSHA area
office or another party (e.g., a Federal
safety and health committee for Federal
workers), in which case the area office
or other party completes the hardcopy
version of the form. For the typical
situation addressed by paragraph (c), a
worker/worker representative informs
an OSHA compliance officer orally of
the alleged hazard during an inspection,
and the compliance officer then
completes the hardcopy version of the
OSHA–7 Form; occasionally, the
worker/worker representative provides
the compliance officer with the
information on the hardcopy version of
the OSHA–7 Form.
The information in the hardcopy
version of the OSHA–7 Form includes
information about the employer and
alleged hazards, including: the

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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices

srobinson on DSKHWCL6B1PROD with NOTICES

establishment’s name; the site’s address
and telephone and facsimile numbers;
the name and telephone number of the
management official; the type of
business; a description and the specific
location of the hazards, including the
approximate number of workers
exposed or threatened by the hazards;
and whether or not the worker/worker
representative informed another
government agency about the hazards
(and the name of the agency if so
informed).
Additional information on the
hardcopy version of the form concerns
the complainant including: whether or
not the complainant wants OSHA to
reveal their name to the employer;
whether the complainant is a worker or
a worker representative, or for
information provided orally, a member
of a Federal safety and health committee
or another party (with space to specify
the party); the complainant’s name,
telephone number, and address; and the
complainant’s signature attesting that
they believe a violation of an OSHA
standard exists at the named
establishment; and the date of the
signature. A worker representative must
also provide the name of the
organization they represent and their
title.
The information contained in the
online version of the OSHA–7 Form is
similar to the hardcopy version.
However, the online version requests
the complainant’s e-mail address, and
does not ask for the site’s facsimile
number or the complainant’s signature
and signature date.
The Agency uses the information
collected on the OSHA–7 Form to
determine whether reasonable grounds
exist to conduct an inspection of the
workplace. The description of the
hazards, including the number of
exposed workers, allows the Agency to
assess the severity of the hazards and
the need to expedite the inspection. The
completed form also provides the
employer with notice of the complaint
and may serve as the basis for obtaining
a search warrant if the employer denies
the Agency access to the workplace.
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, 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;

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• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
workers who must comply; for example,
by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
its approval of the information
collection requirements relating to the
OSHA–7 Form. The Agency is
requesting an increase in burden hours
from 12,775 to 13,414 (a total increase
of 639 burden hours). The Agency 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 collection.
Title: Notice of Alleged Safety and
Health Hazards, OSHA–7 Form.
OMB Number: 1218–0064.
Affected Public: Individuals or
households.
Number of Respondents: 50,715.
Total Responses: 50,715.
Frequency of Recordkeeping: On
occasion.
Average Time per Response: Varies
from 15 minutes (.25 hour) to
communicate the required information
orally to the Agency to 25 minutes (.42
hour) to provide the information in
writing and send it to OSHA.
Total Burden Hours Requested:
13,414.
Estimated Cost (Operation and
Maintenance): $1,116.
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–2010–0056).
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.

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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 January 10,
2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2011–602 Filed 1–12–11; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0055]

Proposed Information Collection
Request Submitted for Public
Comment and Recommendations;
Recording and Reporting Occupational
Injuries and Illnesses (1218–0176)
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
AGENCY:

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File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2011-01-12
File Created2011-01-12

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