Regulations Containing Procedures for Handling of Retaliation Complaints

Forms and Documents

Document Name	Status
Changes Made to Whistleblower Complaint Form.docx Supplementary Document	2020-02-24
Retaliation Complaints Supporting Statement 020720ntc.docx Supporting Statement A	2020-02-07
60-day preclearance notice (2019-25832).pdf Supplementary Document	2019-12-03
TFA US Code (002).pdf Supplementary Document	2019-08-14
29 CFR Part 1984 (ACA Interim Final Rule).pdf Supplementary Document	2016-04-29
FR_Doc_2016-05414.pdf Supplementary Document	2016-03-19
FR, 29 CFR 24.103 (ERA and environmental statutes) 111811.pdf Supplementary Document	2013-05-13
IFR - 29 CFR 1986.103.pdf Supplementary Document	2013-05-13
MAP-21.pdf Supplementary Document	2012-10-02
FED20120727 (STAA Final Rule).pdf Supplementary Document	2012-10-02
FED20120710 (CPSIA Final Rule).pdf Supplementary Document	2012-10-02
29 CFR 1981.103.pdf Supplementary Document	2011-01-11
29 CFR 1979.103.pdf Supplementary Document	2011-01-11
29 CFR 1977.15.pdf Supplementary Document	2011-01-11
Section 402 of P.L. 111-353 (FSMA).pdf Supplementary Document	2011-01-11
46 U.S.C. 2114, as amended by Section 611 of P.L. 111-281 (SPA).pdf Supplementary Document	2011-01-11
Section 1057 of P.L. 111-203 (CFPA).pdf Supplementary Document	2011-01-11
29 CFR 218(c) (ACA).pdf Supplementary Document	2011-01-11
49 U.S.C 60129 (PSIA).pdf Supplementary Document	2011-01-07
49 USC 42121 (AIR21).pdf Supplementary Document	2011-01-07
42 U.S.C. 5851 (ERA).pdf Supplementary Document	2011-01-07
15 U.S.C. 2622 (TSCA).pdf Supplementary Document	2011-01-07
33 U.S.C. 1367 (FWPCA).pdf Supplementary Document	2011-01-07
42 USC 6971(SWDA).pdf Supplementary Document	2011-01-07
42 U.S.C. 300j-(9)(i) (SDWA).pdf Supplementary Document	2011-01-07
42 U.S.C. 9610 (CERCLA).pdf Supplementary Document	2011-01-07
42 U.S.C. 7622 (CAA).pdf Supplementary Document	2011-01-07
18 U.S.C. 1514A (SOX).pdf Supplementary Document	2011-01-07
15 U.S.C. 2087 (CPSIA).pdf Supplementary Document	2011-01-07
6 U.S.C. 1142 (NTSSA).pdf Supplementary Document	2011-01-07
49 U.S.C. 20109 (FRSA).pdf Supplementary Document	2011-01-07
49 U.S.C. 31105 (STAA).pdf Supplementary Document	2011-01-07
46 U.S.C. 80507 (ISCA).pdf Supplementary Document	2011-01-07
15 U.S.C. 2651 (AHERA).pdf Supplementary Document	2011-01-07
29 U.S.C. 660(c).pdf Supplementary Document	2011-01-07

IC Document Collections

IC ID	Document Title	Status
14293	Regulations Containing Procedures for Handling of Retaliation Complaints Other-Web page	Modified

ICR Details

OMB Control No: 1218-0236	ICR Reference No: 201911-1218-004
Status: Received in OIRA	Previous ICR Reference No: 201908-1218-002
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0236(2020)
Title: Regulations Containing Procedures for Handling of Retaliation Complaints
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/27/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	10,126	7,566
Time Burden (Hours)	10,126	7,566
Cost Burden (Dollars)	0	0

---

Abstract: Employees may file complaints with the Agency for investigation alleging that their employer violated "whistleblower" protection provisions contained in certain statutes and regulations for which the Agency has investigatory responsibility. These whistleblower provisions prohibit retaliatory action by employers against employees who report alleged violations of certain laws or regulations or otherwise engage in protected activities specified by the whistleblower provisions.

---

Authorizing Statute(s): US Code: 42 USC 7622 Name of Law: Clean Air Act
   US Code: 49 USC 20109 Name of Law: Federal Railroad Safety Act
   US Code: 6 USC 1142 Name of Law: National Transit Systems Security Act
   US Code: 26 USC 7623d Name of Law: Taxpayer First Act
   US Code: 42 USC 300j-9(i) Name of Law: Safe Drinking Water Act
   US Code: 42 USC 5851 Name of Law: Energy Reorganization Act
   US Code: 42 USC 9610 Name of Law: Comprehensive Environmental Response, Compensation and Liability Act
   US Code: 49 USC 42121 Name of Law: Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
   US Code: 49 USC 60129 Name of Law: Pipeline Safety Improvement Act
   US Code: 29 USC 660(c) Name of Law: Occupational Safety and Health Act
   US Code: 15 USC 2651 Name of Law: Asbestos Hazard Emergency Response Act
   US Code: 46 USC 80507 Name of Law: International Safe Container Act
   US Code: 49 USC 31105 Name of Law: Surface Transportation Assistance Act
   US Code: 49 USC 30171 Name of Law: Moving Ahead for Progress in the 21st Centry Act (MAP-21)
   US Code: 15 USC 2087 Name of Law: Consumer Product Safety Improvement Act
   US Code: 46 USC 2114 Name of Law: Seaman's Protection Act
   US Code: 12 USC 5567 Name of Law: Consumer Financial Protection Act, Section 1057 of the Dodd- Frank Wall Street Reform and Consumer P
   US Code: 29 USC 218(c) Name of Law: Affordable Care Act
   PL: Pub.L. 111 - 281 611 Name of Law: Coast Guard Authorization Act of 2010
   US Code: 21 USC 339d Name of Law: FDA Food Safety and Modernization Act
   US Code: 18 USC 1514A Name of Law: Sarbanes-Oxley Act
   US Code: 33 USC 1367 Name of Law: Federal Water Pollution Control Act
   US Code: 15 USC 2622 Name of Law: Toxic Substances Control Act
   US Code: 42 USC 6971 Name of Law: Solid Waste Disposal Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 65845	11/29/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 17365	03/27/2020
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Regulations Containing Procedures for Handling of Retaliation Complaints	OSHA 8-60.1, OSHA 8-60.1	OSHA Online Whistleblower Complaint Form ,   Formulario Electronico de la OSHA para Presentar Queja Como Denunciante

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	10,126	7,566	0	0	2,560	0
Annual Time Burden (Hours)	10,126	7,566	0	0	2,560	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: OSHA is requesting a total adjustment increase in burden hours of 2,560, from 7,566 to 10,126. The requested adjustment increase is due to an increase in the agency’s estimate of complaints received. Based on the agency’s Fiscal Year 2019 data, OSHA estimates that 10,126 complaints will be received annually; 2,560 more complaints than the 7,566 complaints estimated in the existing ICR. The adjustment increase includes the number of complaints received in FY 2019 (9,132 complaints), plus an estimate of 50 complaints per year filed under the newly-enacted Taxpayer First Act each year. The estimate also includes a 5% annual increase in complaints received each year. The Agency does not believe that the proposed revisions to the electronic complaint form will further impact the adjusted burden hours.

---

Annual Cost to Federal Government: $437,653

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Yes

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/27/2020

---