COVID-19 Emergency Temporary Standard (29 CFR 1910, Subpart U)

Forms and Documents

Document Name	Status
SS_1218-0277_COVID-19 ETS_(OSH final) 12-30-2021.docx Supporting Statement A	2021-12-30
OSH Act Section 8 USC 657.pdf Supplementary Document	2021-06-10
OSH Act Section 6 USC 655.pdf Supplementary Document	2021-06-10
OSH Act Section 2 USC 651.pdf Supplementary Document	2021-06-10

IC Document Collections

IC ID	Document Title	Status
247864	COVID-19 Emergency Temporary Standard (29 CFR 1910 Subpart U)	Modified

ICR Details

OMB Control No: 1218-0277	ICR Reference No: 202112-1218-001
Status: Received in OIRA	Previous ICR Reference No: 202106-1218-004
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0277 (2022)
Title: COVID-19 Emergency Temporary Standard (29 CFR 1910, Subpart U)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/30/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2021
Responses	207,859	8,428,134
Time Burden (Hours)	23,715	19,260,202
Cost Burden (Dollars)	0	3,033,953

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Abstract: The COVID-19 Emergency Temporary Standard contains collection of information requirements that will assist both employers and employees in addressing the risk of occupational exposure to COVID-19. Specifically, OSHA has found that these requirements are necessary to address the grave danger to healthcare employees from transmission of the SARS-CoV-2 virus in the workplace, resulting in COVID-19 that can be fatal.

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Authorizing Statute(s): US Code: 6 USC 655 Name of Law: Occupational Safety and Health Act
   US Code: 8 USC 657 Name of Law: Occupational Safety and Health Act
   US Code: 2 USC 651 Name of Law: Occupational Safety and Health Act
  

Citations for New Statutory Requirements: None

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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:
	86 FR 32376	06/21/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 74423	12/30/2021
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
COVID-19 Emergency Temporary Standard (29 CFR 1910 Subpart U)

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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	207,859	8,428,134	0	-8,324,204	103,929	0
Annual Time Burden (Hours)	23,715	19,260,202	0	-19,248,345	11,858	0
Annual Cost Burden (Dollars)	0	3,033,953	0	-3,033,953	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The agency is requesting a program change decrease of 19,248,345 hours and an adjustment increase of 11,858 hours in recordkeeping with an annual burden of 23,715. The change in burden from the previous submission is a result of OSHA seeking clearance for the recordkeeping requirements under § 1910.502(q)(2)(ii) and (3) (ii)-(iv) to establish and maintain COVID-19 logs recording each instance in which an employee is COVID-19 positive, and to make such records available upon request to employees or their representatives, and the reporting requirements under § 1910.502(r), reporting COVID-19 fatalities and hospitalizations to OSHA. Requiring the employer to report each work-related COVID-19 fatality within 8 hours of the employer learning about the fatality and each work-related COVID-19 in-patient hospitalization within 24 hours of the employer learning about the in-patient hospitalization.

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Annual Cost to Federal Government: $0

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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

Is this ICR related to the Pandemic Response? Yes

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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: 12/30/2021

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