Request for Emergency Review and Clearance of Information Collections in OSHA's Emergency Temporary Standard for COVID-19

U.S. Department of Labor

Occupational Safety and Health Administration
Washington, D.C. 20210

MEMORANDUM
From:

Digitally signed by James
James S.
S. Frederick
Date: 2021.06.11
Frederick
12:38:51 -04'00'
James S. Fredrick
Acting Assistant Secretary of Labor
for Occupational Safety and Health Administration

To:

Stephanie Tathum
OSHA OIRA/OMB Desk Officer
Office of Information and Regulatory Affairs
Office of Management and Budget

Subject:

Request for Emergency Review and Clearance of Information Collections in
OSHA’s Emergency Temporary Standard for COVID-19

Date:

June 11, 2021

Pursuant to Office of Management and Budget (OMB) procedures established at 5 C.F.R. Part
1320, Controlling Paperwork Burdens on the Public, OSHA is requesting emergency clearance
for the proposed information collections under the OSHA Emergency Temporary Standard
(ETS) for COVID-19. The Emergency Clearance Request will be processed in accordance with
5 C.F.R. § 1320.13.
The Occupational Safety and Health Act of 1970 (OSH Act) requires OSHA to issue an ETS if
the agency determines that “employees are exposed to grave danger from exposure to substances
or agents determined to be toxic or physically harmful or from new hazards,” and an ETS is
“necessary to protect employees from such danger.” 29 U.S.C. § 655(c). OSHA may issue the
ETS without regard to the notice-and-comment requirements of the Administrative Procedures
Act and any such ETS shall be effective “[u]pon publication” in the Federal Register. See id.
On January 21, 2021, President Biden issued Executive Order 13999, which directed OSHA to
consider issuing an ETS to protect “healthcare workers and other essential workers” from the
coronavirus disease 2019 (COVID-19) pandemic. OSHA is issuing an ETS pursuant to the
President’s Order that will include collections of information subject to OMB review under the
Paperwork Reduction Act (PRA), 44 U.S.C. § 3501 et seq. The agency has determined that this
collection of information must be collected prior to the time periods established under 5 C.F.R.
Part 1320 and that this collection of information is essential to OSHA’s mission of protecting the
health and safety of workers affected by the COVID-19 pandemic.
Given the urgent need to promulgate a standard to address the current crisis as quickly as
possible, OSHA cannot reasonably comply with the PRA’s normal clearance procedures prior to
1

publishing the ETS. To do so would delay the issuance of this emergency standard, resulting in
serious public harm.
Pursuant to 5 C.F.R. § 1320.13, OSHA requests a 180-day emergency clearance of the
information collection requirements in the ETS. OSHA requests that OMB approve the
information collection by June 30, 2021 and waive publication of the 60-day and 30-day Federal
Register notices, as permitted under 5 C.F.R. § 1320.13.
If you have any questions, please contact Maureen Ruskin at [email protected] or by
phone at 202-693-1950.

2