Regulations Containing Procedures for Handling of Retaliation Complaints

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form OSHA 8-60.1 Regulations Containing Procedures for Handling of Retaliation Complaints	Form and Instruction	Modified	Available
CAARA Word Version - updated 2-12-21.docx	Supplementary Document	Uploaded 2021-02-19	Repair queued
AMLA Word Version - updated 2-12-21.docx	Supplementary Document	Uploaded 2021-02-19	Missing upstream
CAARA-AMLA Nonmaterial PRA Change Justification 2.19.21.doc.docx	Justification for No Material/Nonsubstantive Change	Uploaded 2021-02-19	Repair queued
Retaliation Complaints Supporting Statement 020720ntc.docx	Supporting Statement A	Uploaded 2020-02-07	Repair queued
TFA US Code (002).pdf	Supplementary Document	Uploaded 2019-08-14	Repair queued
29 CFR Part 1984 (ACA Interim Final Rule).pdf	Supplementary Document	Uploaded 2016-04-29	Missing upstream
FR_Doc_2016-05414.pdf	Supplementary Document	Uploaded 2016-03-19	Missing upstream
FR, 29 CFR 24.103 (ERA and environmental statutes) 111811.pdf	Supplementary Document	Uploaded 2013-05-13	Repair queued
IFR - 29 CFR 1986.103.pdf	Supplementary Document	Uploaded 2013-05-13	Repair queued
MAP-21.pdf	Supplementary Document	Uploaded 2012-10-02	Repair queued
FED20120727 (STAA Final Rule).pdf	Supplementary Document	Uploaded 2012-10-02	Repair queued
FED20120710 (CPSIA Final Rule).pdf	Supplementary Document	Uploaded 2012-10-02	Repair queued
29 CFR 1981.103.pdf	Supplementary Document	Uploaded 2011-01-11	Available
29 CFR 1979.103.pdf	Supplementary Document	Uploaded 2011-01-11	Missing upstream
29 CFR 1977.15.pdf	Supplementary Document	Uploaded 2011-01-11	Repair queued
Section 402 of P.L. 111-353 (FSMA).pdf	Supplementary Document	Uploaded 2011-01-11	Repair queued
46 U.S.C. 2114, as amended by Section 611 of P.L. 111-281 (SPA).pdf	Supplementary Document	Uploaded 2011-01-11	Repair queued
Section 1057 of P.L. 111-203 (CFPA).pdf	Supplementary Document	Uploaded 2011-01-11	Repair queued
29 CFR 218(c) (ACA).pdf	Supplementary Document	Uploaded 2011-01-11	Repair queued
49 U.S.C 60129 (PSIA).pdf	Supplementary Document	Uploaded 2011-01-07	Available
49 USC 42121 (AIR21).pdf	Supplementary Document	Uploaded 2011-01-07	Missing upstream
42 U.S.C. 5851 (ERA).pdf	Supplementary Document	Uploaded 2011-01-07	Available
15 U.S.C. 2622 (TSCA).pdf	Supplementary Document	Uploaded 2011-01-07	Available
33 U.S.C. 1367 (FWPCA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
42 USC 6971(SWDA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
42 U.S.C. 300j-(9)(i) (SDWA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
42 U.S.C. 9610 (CERCLA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
42 U.S.C. 7622 (CAA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
18 U.S.C. 1514A (SOX).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
15 U.S.C. 2087 (CPSIA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
6 U.S.C. 1142 (NTSSA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
49 U.S.C. 20109 (FRSA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
49 U.S.C. 31105 (STAA).pdf	Supplementary Document	Uploaded 2011-01-07	Missing upstream
46 U.S.C. 80507 (ISCA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
15 U.S.C. 2651 (AHERA).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued
29 U.S.C. 660(c).pdf	Supplementary Document	Uploaded 2011-01-07	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
14293	Regulations Containing Procedures for Handling of Retaliation Complaints	Form and Instruction	Modified

ICR Details

OMB Control No: 1218-0236	ICR Reference No: 202102-1218-003
Status: Received in OIRA	Previous ICR Reference No: 201911-1218-004
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0236(2021) (CAARA and AMLA Statutes)
Title: Regulations Containing Procedures for Handling of Retaliation Complaints
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/07/2021

table that charts list comparision

	Requested	Previously Approved
Expiration Date	02/29/2024	02/29/2024
Responses	10,216	10,126
Time Burden (Hours)	10,216	10,126
Cost Burden (Dollars)	0	0

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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.

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Authorizing Statute(s): 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
   PL: Pub.L. 111 - 281 611 Name of Law: Coast Guard Authorization Act of 2010
   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: 21 USC 339d Name of Law: FDA Food Safety and Modernization Act
   US Code: 29 USC 218(c) Name of Law: Affordable Care Act
   US Code: 18 USC 1514A Name of Law: Sarbanes-Oxley Act
   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: 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
   US Code: 15 USC 7a-3 Name of Law: Criminal Antitrust Anti-Retaliation Act
   US Code: 31 USC 5323(g) & (j) Name of Law: Anti-Money Laundering Act
  

Citations for New Statutory Requirements: US Code: 15 USC 7a-3 Name of Law: Criminal Antitrust Anti-Retaliation Act
US Code: 31 USC 5323(g) & (j) Name of Law: Anti-Money Laundering Act

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

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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

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

table that charts list of burden

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

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ICR Summary of Burden

table that charts list 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	10,216	10,126	0	90	0	0
Annual Time Burden (Hours)	10,216	10,126	0	90	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: OSHA is requesting a program increase of 90 burden hours due to the anticipated increase in retaliation complaints filed under the newly-enacted statutes, the Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering Act.

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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

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Common Form ICR:  No

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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: 04/07/2021

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