Occupational Safety and Health State Plans

OMB Control No: 1218-0247	ICR Reference No: 201504-1218-003
Status: Historical Active	Previous ICR Reference No: 201201-1218-004
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0247(2015)
Title: Occupational Safety and Health State Plans
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 10/01/2015
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/21/2015
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/18/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2016	6 Months From Approved	12/31/2015
Responses	1,279	0	1,264
Time Burden (Hours)	11,369	0	11,196
Cost Burden (Dollars)	0	0	0

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Abstract: States choosing to operate OSHA-approved State plans must provide information to document that their programs are "at least as effective" as the Federal OSHA program. In order to obtain and maintain State Plan approval, a State must submit various documents to OSHA describing its program structure and operation, including any modifications thereto as they occur, in accordance with the identified regulations.

Emergency Justfication: OSHA has published a Notice of Proposed Rulemaking and a Direct Final Rule to revise 29 CFR part 1952 and 29 CFR part 1956, to delete the detailed descriptions of State Plan coverage, purely historical data, and other unnecessarily codified information. In addition, OSHA will move most of the provisions of subpart A of part 1952, which contains general regulations affecting State Plans, into part 1902, where most of the general regulations on State Plans are currently found. Finally, OSHA is revising regulations 29 CFR parts 1902, 1903, 1904, 1953, 1954, and 1955 to delete or update cross-references, as needed. OSHA seeks immediate changes to this collection of information, to reflect the CFR revisions implemented by the NPRM/DFR. OSHA is currently holding publication of several important changes relating to State Plan coverage, pending the publication of this action. The New Jersey State Plan is ready to receive Certification from OSHA and once granted, OSHA would need to modify 29 CFR 1956 to reflect this change. Also, there are at least three State Plans that have requested minor changes in coverage of specific geographical areas within the state, namely military bases and tribal lands. Processing these rulemakings prior to the publication of the NPRM/DFR and completion of the streamlining 29 CFR 1952 and 1956 would confuse the public and work against the goal of transparency.

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Authorizing Statute(s): US Code: 29 USC 667 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:
1218-AC76	Final or interim final rulemaking	80 FR 49897	08/18/2015

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title Form No. Form Name Occupational Safety and Health State Plan Information

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ICR Summary of Burden

	Total Approved	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	1,279	1,264	0	0	15	0
Annual Time Burden (Hours)	11,369	11,196	0	0	173	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: The Agency is requesting an adjustment increase of 173 burden hours, from 11,196 to 11,369 hours. This burden hour increase is the result of the anticipated increase in the submission of state plan changes associated with one state (Maine) actively implementing a new State Plan. The burden hour increase was partially offset by the decrease in the estimated number of state-initiated state plan changes.

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Annual Cost to Federal Government: $575,376

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

Agency Contact: Todd Owen 202-693-1941 [email protected]

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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: 08/18/2015

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