OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.
Inventory as of this Action
Requested
Previously Approved
06/30/2021
36 Months From Approved
06/30/2021
6,212,616
0
6,212,616
2,253,550
0
2,253,550
0
0
0
The OSH Act and 29 CFR Part 1904 prescribe that certain employers maintain records of job related injuries and illnesses. The data are needed by OSHA to carry out intervention and enforcement activities to guarantee workers safe and healthful workplaces. The data are also needed by BLS to produce national statistics on occupational injuries and illnesses.
This proposed rule would amend OSHAâs recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. These establishments will continue to be required to submit information from their Form 300A summaries. OSHA is amending its recordkeeping regulations to protect sensitive worker information from potential disclosure under the Freedom of Information Act (FOIA). OSHA has preliminarily determined that the risk of disclosure of this information, the costs to OSHA of collecting and using the information, and the reporting burden on employers are unjustified given the uncertain benefits of collecting the information. OSHA believes that this proposal maintains safety and health protections for workers while also reducing the burden to employers of complying with the current rule. OSHA seeks comment on this proposal, particularly on its impact on worker privacy, including the risks posed by exposing workersâ sensitive information to possible FOIA disclosure. In addition, OSHA is proposing to require covered employers to submit their Employer Identification Number (EIN) electronically along with their injury and illness data submission.
US Code:
29 USC 673(a)
Name of Law: Occupational Safety and Health Act
US Code:
29 USC 657(c)(2)
Name of Law: Occupational Safety and Health Act
This ICR includes only program changes. OSHA estimates a decrease of 116,597 burden hours from the currently approved estimate of 2,253,550 hours to 2,136,953. There is a program change decrease of 155,042 hours for rescinding the additional reporting requirements contained in the 1904.41. There is a program change increase of 38,445 hours for the collection of the Employer Identification Number.
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:
(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;
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.