Establishing Indicators to Determine Whether State Plan Operations are At Least as Effective as Federal OSHA: Stakeholder Meeting, 31647-31649 [2012-12913]

Download as PDF Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Notices [FR Doc. 2012–12884 Filed 5–25–12; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program Employment and Training Administration, Labor. ACTION: Notice. AGENCY: The Employment and Training Administration is issuing this notice to announce the receipt of a ‘‘Certification of Non-Relocation and Market and Capacity Information Report’’ (Form 4279–2) for the following: Applicant/Location: Aquion Energy, Inc. Principal Product/Purpose: The loan, guarantee, or grant application is to finance capital equipment purchases for the manufacturing lines, which includes the retrofit and build-out of the facility, which will be located in Mt. Pleasant, Pennsylvania. The NAICS industry code for this enterprise is: 335911 (storage battery manufacturing). DATES: All interested parties may submit comments in writing no later than June 12, 2012. Copies of adverse comments received will be forwarded to the applicant noted above. ADDRESSES: Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room S–4231, Washington, DC 20210; or email Dais.Anthony@dol.gov; or transmit via fax (202) 693–3015 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number (202) 693–2784 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Section 188 of the Consolidated Farm and Rural Development Act of 1972, as established under 29 CFR part 75, authorizes the United States Department of Agriculture to make or guarantee loans or grants to finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of certifying to the Secretary of Agriculture that the assistance is not calculated, or likely, to result in: (a) A transfer of any employment or business activity from one area to another by the loan srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:12 May 25, 2012 Jkt 226001 applicant’s business operation; or, (b) An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed in Washington, DC, on this 21st day of May, 2012. Jane Oates, Assistant Secretary for Employment and Training. [FR Doc. 2012–12917 Filed 5–25–12; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Occupational Safety and Health Administration Establishing Indicators to Determine Whether State Plan Operations are At Least as Effective as Federal OSHA: Stakeholder Meeting Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice of public meeting. AGENCY: The Occupational Safety and Health Administration (OSHA) invites interested parties to participate in an informal stakeholder meeting on establishing definitions and measures to determine whether OSHA-approved State Plans for occupational safety and health (State Plans) are at least as effective as the Federal OSHA program as required by the Occupational Safety and Health Act of 1970. The purpose of this meeting is to provide a forum to gather information and ideas on key outcome and activity based indicators and how OSHA can use such indicators to assess the effectiveness of State Plans. DATES: The date for the stakeholder meeting is June 25, 2012, from 10 a.m. to 1 p.m. eastern standard time, in Washington, DC. The deadline for registration to attend or participate in the meeting and to submit written comments is June 11, 2012. ADDRESSES: The meeting will be held in the Francis Perkins Building, U.S. Department of Labor, Room N3437, at 200 Constitution Ave. NW., Washington, DC 20210. The nearest Metro station is Judiciary Square (Red SUMMARY: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 31647 Line). Photo ID is required to enter the building. Registration to attend or participate in the meeting: To participate in the June 25, 2012 stakeholder meeting, provide written comments or be a nonparticipating observer, you must register electronically, by phone, or by facsimile by close of business on June 11, 2012. Those interested may register with Angela DeCanio by email at: DeCanio.Angela@dol.gov, by phone at: (202) 693–2239, or by fax at: (202) 693– 1671. Registrants should label their requests as: ‘‘Stakeholder Meeting: Monitoring of OSHA-Approved State Plans.’’ When registering please indicate the following: (1) Name, address, phone, fax, and email address; (2) Organization for which you work; and, (3) Organization you will represent (if different). The meeting will last 3 hours, and be limited to approximately 20 participants. OSHA will do its best to accommodate all persons who wish to participate. OSHA encourages persons and groups having similar interests to consolidate their information and participate through a single representative. Members of the general public may observe, but not participate in, the meetings as space permits. OSHA staff will be present to take part in the discussions. OSHA staff will manage registration of participants and observers and logistics for the meeting. A transcription of the meeting will be available for review at www.osha.gov. OSHA will confirm participants to ensure a fair representation of interests and a wide range of viewpoints. Nonparticipating observers who do not register for the meeting will be accommodated as space permits. Electronic copies of this Federal Register notice, as well as news releases and other relevant documents, are available on the OSHA Web page at: www.osha.gov. Registrants wanting to submit written comments must do so by June 11, 2012. FOR FURTHER INFORMATION CONTACT: For general and press inquiries contact: Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693–1725; email: meilinger.francis2@dol.gov. For technical information contact: Doug Kalinowski, Director, OSHA Directorate of Cooperative and State Programs, Room N–3700, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693–2200; email: kalinowski.doug@dol.gov. E:\FR\FM\29MYN1.SGM 29MYN1 31648 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Notices srobinson on DSK4SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: I. Background The Occupational Safety and Health Act of 1970 (‘‘the Act’’) created OSHA ‘‘to assure so far as possible every working man and woman in the Nation safe and healthful working conditions * * *.’’ The Act also encourages states to develop and operate their own workplace safety and health plans. Once OSHA approves a State Plan under Section 18(b) of the Act, OSHA may fund up to 50 percent of the state program’s operating costs. Absent an approved State Plan, states are preempted from enforcing occupational safety and health standards. As a condition of OSHA approval, State Plans must provide standards and enforcement programs that are ‘‘at least as effective as’’ the federal OSHA program, in addition to voluntary compliance activities, and cover public sector employees. OSHA is responsible for the approval and monitoring of State Plans. Currently there are 27 OSHAapproved state occupational safety and health plans. Twenty-two states and territories operate comprehensive State Plans covering the private sector and state and local government employers and employees. Five states and territories operate State Plans which cover only public sector employees. Additional information about state programs may be found at: http:// www.osha.gov/dcsp/osp/index.html. The Occupational Safety and Health State Plan Association (OSHSPA), the organization of officials from each of the OSHA-approved state plans, serves as the link from the states to federal agencies that have occupational safety and health jurisdiction and to Congress. The group holds three meetings a year with federal OSHA, giving State Plans the opportunity to address common issues and share information. OSHSPA representatives have appeared before congressional committees and other bodies to report on job safety and health issues. Following congressional hearings over the past several years concerning state plan effectiveness, and an audit by the Department of Labor’s Office of the Inspector General in March 2011, OSHA increased the level of onsite monitoring of state plans and committed to further strengthening communication between federal OSHA and the State Plans. On October 29, 2009, Deputy Assistant Secretary Jordan Barab testified before the House Committee on Education and Labor about the Special Study that OSHA conducted of the Nevada State Plan and OSHA’s plans for increasing VerDate Mar<15>2010 16:12 May 25, 2012 Jkt 226001 oversight and conducting a baseline special evaluation in all other State Plans. In accordance with the Occupational Safety and Health Act of 1970, OSHA conducts an evaluation of the 27 approved State Plan States each fiscal year. Before FY 2009, the Federal Annual Monitoring and Evaluation (FAME) reports primarily assessed the State Plans’ progress toward achieving the performance goals established by their strategic and annual performance plans as well as certain mandated activity measures tied to the federal OSHA program or requirements of the Act. OSHA and the State Plans have outcome based measures that are part of their strategic plans, including reducing fatalities and injuries/illnesses. Additional information can be found at: http://www.dol.gov/sec/stratplan/ StrategicPlan.pdf and http:// www.osha.gov/dcsp/osp/efame/ index.html. In FY 2009 the FAME reports were enhanced to include baseline special evaluations for each State Plan. The Enhanced FAME reports assessed the State Plans’ progress toward achieving the performance goals established by their FY 2009 Annual Performance Plans and reviewed the effectiveness of programmatic areas related to enforcement activities through onsite audits and case file reviews. Each State Plan formally responded to the Enhanced FAME report and, as appropriate, developed a Corrective Action Plan that was approved by OSHA. The 2009 interim monitoring guidance, intended to assist OSHA regions in monitoring state plans and preparing the FAME reports, focused on enforcement activities and the Corrective Action Plans in addition to performance goal. It was revised for the FY 2010 and FY 2011 evaluations in response to concerns and issues raised both within OSHA and from State Plans. In response to the Office of the Inspector General (OIG) report entitled ‘‘OSHA Has Not Determined If State OSH Programs Are At Least As Effective in Improving Workplace Safety and Health as Federal OSHA’s Programs’’ (http://www.oig.dol.gov/public/reports/ oa/2011/02-11-201-10-105.pdf), OSHA is working with OSHSPA to examine the monitoring system and address the OIG’s recommendation to OSHA ‘‘to define effectiveness, design measures to quantify impact, establish a baseline for State Plan evaluations, and revise monitoring to include an assessment of effectiveness.’’ The goal of the stakeholder meeting announced in this notice is to solicit ideas about how to define and measure effectiveness and to PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 develop a revised monitoring system (in place of the interim guidance) to ensure consistency and effectiveness across the State Plans. II. Stakeholder Meeting The stakeholder meeting announced in this notice will be conducted in a manner that encourages participants to express individual views about how to determine whether OSHA-approved State Plans are as effective as the Federal OSHA program. Formal presentations by stakeholders are discouraged. The stakeholder meeting discussions will center on key indicators of effectiveness for Federal OSHA and OSHA-approved State Plans. The specific issues to be discussed will include the following: 1. OSHA’s mission is ‘‘to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.’’ (a) How would you define or describe the components that constitute an OSHA-approved State Plan that was ‘‘effective’’ in achieving this mission (e.g., funding, staffing, standards setting, strong enforcement program, strong consultation program, frequency of inspection, strong training and outreach programs, level of penalties etc.)? (b) What outcome based measures would you use to determine whether OSHA-approved State Plans were achieving this mission (e.g., reductions in injury and illness rates, reductions in fatality rates, etc.)? (c) What activity based measures would you use to determine whether OSHA-approved State Plans were achieving this mission (e.g., number of inspections conducted, number of violations issued, etc.)? 2. Should there be a core set of effectiveness measures that both OSHA and State Plan programs must meet? 3. What activity and outcome based measures would you use to assess effectiveness as it relates to the reduction of health hazards? 4. What activity and outcome based measures would you use to assess the effectiveness of the whistleblower program under Section 11(c) of the Act? 5. What indicators would you use to determine and monitor whether OSHAapproved State Plans are ‘‘at least as effective’’ as federal OSHA as outlined in Section 18(b) of the Act? Representatives from the State Plans and OSHA have been working to develop a number of draft measures. OSHA will make these draft measures available on its Web site no less than E:\FR\FM\29MYN1.SGM 29MYN1 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Notices two weeks before the stakeholder meeting. Authority and Signature This document was prepared under the direction of David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health. Signed at Washington, DC, on May 23, 2012. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2012–12913 Filed 5–25–12; 8:45 am] BILLING CODE 4510–29–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0117; Docket Nos. 50–259, 50– 260, and 50–296; License Nos. DPR–33, DPR–52, and DPR–68; EA–12–071] Tennessee Valley Authority (Browns Ferry Units 1, 2, and 3); Confirmatory Order Modifying License (Effective Immediately) I The Tennessee Valley Authority (TVA, the licensee) is the holder of Renewed Facility Operating License Nos. DPR–33, DPR–52, and DPR–68 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 10 of the Code of Federal Regulations (10 CFR), part 50, ‘‘Domestic Licensing of Production and Utilization,’’ on May 4, 2006. The licenses authorize the operation of the Browns Ferry Nuclear Plant (BFN), Units 1, 2, and 3 (facility), in accordance with conditions specified therein. The facility is located on the licensee’s site in Limestone County, Alabama. srobinson on DSK4SPTVN1PROD with NOTICES II On March 4, 2009, TVA notified the NRC of its intent to transition the BFN facility to the National Fire Protection Association (NFPA) Standard 805 fire protection program in accordance with 10 CFR 50.48(c). Under this initiative, the NRC has exercised enforcement discretion for most fire protection noncompliances that are identified during the licensee’s transition to NFPA 805, and for certain existing identified noncompliances that reasonably may be resolved at the completion of transition. NFPA 805 was adopted in 10 CFR 50.48(c) as an alternative fire protection rule, which is one path to resolving longstanding fire protection issues. To receive enforcement discretion for these noncompliances, the licensee must meet the specific criteria as stated in Section 9.1, ‘‘Enforcement Discretion for Certain VerDate Mar<15>2010 16:12 May 25, 2012 Jkt 226001 Fire Protection Issues (10 CFR 50.48),’’ of the ‘‘NRC Enforcement Policy,’’ dated July 12, 2011, and submit an acceptable license amendment application by the date as specified in the licensee’s commitment letter. III In a public meeting held on December 8, 2011 between the NRC and TVA, the licensee described its strategy for transitioning BFN to NFPA 805, which is intended to address the corrective actions for previously-cited fire protection violations along with other noncompliances identified during the transition period. TVA also notified the NRC that the development of a highquality application will require more time than originally anticipated. In a letter dated January 13, 2012, TVA reiterated the current transition strategy for BFN, and notified the NRC that TVA will submit its license amendment request (LAR) no later than March 29, 2013. The newly proposed submittal date is beyond the 3-year timeframe and, thus, exceeds TVA’s enforcement discretion (i.e., until March 4, 2012) that was granted to BFN for certain fire protection noncompliances. However, if provided with adequate justification, the NRC may revise the submittal date through the use of an order that would continue the enforcement discretion provided in Section 9.1 of the Enforcement Policy. In a letter dated February 17, 2012, TVA provided a list of planned fire risk reduction modifications at BFN and the associated planned implementation schedules. The NRC held a public teleconference with TVA on February 29, 2012, to discuss the planned modifications and their associated fire risk reductions, and TVA’s schedule for completing its LAR. During the teleconference, TVA expressed a desire to continue enforcement discretion, and a willingness to commit to the new submittal date. By letter dated March 9, 2012, the NRC requested that TVA provide additional justification for the proposed submittal date. TVA provided the requested information in a letter dated March 20, 2012. Based on the licensee maintaining acceptable compensatory measures and the NRC’s review of the licensee’s transition status, planned key activities to complete its NFPA 805 LAR, and planned fire risk reduction modifications, the NRC staff has determined that the licensee has provided adequate justification for revising the LAR submittal date. Therefore, the NRC has determined that the date for submitting an acceptable NFPA 805 LAR should be PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 31649 extended. This Order is being issued to revise the original TVA LAR submittal date of March 4, 2012, until March 29, 2013. The new submittal date supports TVA’s continued progress in activities related to the transition to NFPA 805 and the correction of other previouslyidentified fire protection noncompliances consistent with regulatory commitments provided in letters dated January 13 and February 17, 2012, and the activities described in the letter dated March 20, 2012. TVA may, at any time, cease its transition to NFPA 805 and comply with the regulations set forth in 10 CFR Part 50, Appendix R. As indicated in the Enforcement Policy, if TVA decides not to complete the transition to 10 CFR 50.48(c), it must submit a letter stating its intent to retain its existing licensing basis and withdrawing its letter of intent to comply with 10 CFR 50.48(c). If TVA fails to meet the new LAR submittal date and fails to comply with its existing licensing basis, the NRC will take appropriate enforcement action consistent with its Enforcement Policy. On May 16, 2012, TVA consented to issuing this Order, as described in Section V below. TVA further agreed that this Order will be effective upon issuance and that it has waived its rights to a hearing. IV Based on the licensee maintaining acceptable compensatory measures, and a review of the licensee’s status and planned key activities, including the intended NFPA 805 modifications, the NRC has determined that the licensee has provided adequate justification for its commitment given in Section V, and, thus, for the extension of enforcement discretion. Because the licensee will perform modifications, with associated procedure updates, to reduce current fire risk in parallel with the development of their NFPA 805 LAR, the staff finds this acceptable to ensure public health and safety. Based on the above and TVA’s consent, this Order is immediately effective upon issuance. V Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations in 10 CFR 2.202, ‘‘Orders,’’ it is hereby ordered, effective immediately, that license nos. DPR–33, DPR–52, and DPR–68 are modified as follows: A. TVA will submit an acceptable license amendment request for Browns Ferry Nuclear Plant, Units 1, 2, and 3, to adopt NFPA Standard 805 by no later E:\FR\FM\29MYN1.SGM 29MYN1

Agencies

[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Notices]
[Pages 31647-31649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12913]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Establishing Indicators to Determine Whether State Plan 
Operations are At Least as Effective as Federal OSHA: Stakeholder 
Meeting

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: The Occupational Safety and Health Administration (OSHA) 
invites interested parties to participate in an informal stakeholder 
meeting on establishing definitions and measures to determine whether 
OSHA-approved State Plans for occupational safety and health (State 
Plans) are at least as effective as the Federal OSHA program as 
required by the Occupational Safety and Health Act of 1970. The purpose 
of this meeting is to provide a forum to gather information and ideas 
on key outcome and activity based indicators and how OSHA can use such 
indicators to assess the effectiveness of State Plans.

DATES: The date for the stakeholder meeting is June 25, 2012, from 10 
a.m. to 1 p.m. eastern standard time, in Washington, DC. The deadline 
for registration to attend or participate in the meeting and to submit 
written comments is June 11, 2012.

ADDRESSES: The meeting will be held in the Francis Perkins Building, 
U.S. Department of Labor, Room N3437, at 200 Constitution Ave. NW., 
Washington, DC 20210. The nearest Metro station is Judiciary Square 
(Red Line). Photo ID is required to enter the building.
    Registration to attend or participate in the meeting: To 
participate in the June 25, 2012 stakeholder meeting, provide written 
comments or be a nonparticipating observer, you must register 
electronically, by phone, or by facsimile by close of business on June 
11, 2012. Those interested may register with Angela DeCanio by email 
at: DeCanio.Angela@dol.gov, by phone at: (202) 693-2239, or by fax at: 
(202) 693-1671. Registrants should label their requests as: 
``Stakeholder Meeting: Monitoring of OSHA-Approved State Plans.'' When 
registering please indicate the following: (1) Name, address, phone, 
fax, and email address; (2) Organization for which you work; and, (3) 
Organization you will represent (if different).
    The meeting will last 3 hours, and be limited to approximately 20 
participants. OSHA will do its best to accommodate all persons who wish 
to participate. OSHA encourages persons and groups having similar 
interests to consolidate their information and participate through a 
single representative. Members of the general public may observe, but 
not participate in, the meetings as space permits. OSHA staff will be 
present to take part in the discussions.
    OSHA staff will manage registration of participants and observers 
and logistics for the meeting. A transcription of the meeting will be 
available for review at www.osha.gov. OSHA will confirm participants to 
ensure a fair representation of interests and a wide range of 
viewpoints. Nonparticipating observers who do not register for the 
meeting will be accommodated as space permits. Electronic copies of 
this Federal Register notice, as well as news releases and other 
relevant documents, are available on the OSHA Web page at: 
www.osha.gov. Registrants wanting to submit written comments must do so 
by June 11, 2012.

FOR FURTHER INFORMATION CONTACT: For general and press inquiries 
contact: Frank Meilinger, Director, OSHA Office of Communications, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; 
telephone: (202) 693-1725; email: meilinger.francis2@dol.gov. For 
technical information contact: Doug Kalinowski, Director, OSHA 
Directorate of Cooperative and State Programs, Room N-3700, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; 
telephone: (202) 693-2200; email: kalinowski.doug@dol.gov.

[[Page 31648]]


SUPPLEMENTARY INFORMATION:

I. Background

    The Occupational Safety and Health Act of 1970 (``the Act'') 
created OSHA ``to assure so far as possible every working man and woman 
in the Nation safe and healthful working conditions * * *.'' The Act 
also encourages states to develop and operate their own workplace 
safety and health plans. Once OSHA approves a State Plan under Section 
18(b) of the Act, OSHA may fund up to 50 percent of the state program's 
operating costs. Absent an approved State Plan, states are preempted 
from enforcing occupational safety and health standards. As a condition 
of OSHA approval, State Plans must provide standards and enforcement 
programs that are ``at least as effective as'' the federal OSHA 
program, in addition to voluntary compliance activities, and cover 
public sector employees. OSHA is responsible for the approval and 
monitoring of State Plans.
    Currently there are 27 OSHA-approved state occupational safety and 
health plans. Twenty-two states and territories operate comprehensive 
State Plans covering the private sector and state and local government 
employers and employees. Five states and territories operate State 
Plans which cover only public sector employees. Additional information 
about state programs may be found at: http://www.osha.gov/dcsp/osp/index.html.
    The Occupational Safety and Health State Plan Association (OSHSPA), 
the organization of officials from each of the OSHA-approved state 
plans, serves as the link from the states to federal agencies that have 
occupational safety and health jurisdiction and to Congress. The group 
holds three meetings a year with federal OSHA, giving State Plans the 
opportunity to address common issues and share information. OSHSPA 
representatives have appeared before congressional committees and other 
bodies to report on job safety and health issues.
    Following congressional hearings over the past several years 
concerning state plan effectiveness, and an audit by the Department of 
Labor's Office of the Inspector General in March 2011, OSHA increased 
the level of onsite monitoring of state plans and committed to further 
strengthening communication between federal OSHA and the State Plans. 
On October 29, 2009, Deputy Assistant Secretary Jordan Barab testified 
before the House Committee on Education and Labor about the Special 
Study that OSHA conducted of the Nevada State Plan and OSHA's plans for 
increasing oversight and conducting a baseline special evaluation in 
all other State Plans.
    In accordance with the Occupational Safety and Health Act of 1970, 
OSHA conducts an evaluation of the 27 approved State Plan States each 
fiscal year. Before FY 2009, the Federal Annual Monitoring and 
Evaluation (FAME) reports primarily assessed the State Plans' progress 
toward achieving the performance goals established by their strategic 
and annual performance plans as well as certain mandated activity 
measures tied to the federal OSHA program or requirements of the Act. 
OSHA and the State Plans have outcome based measures that are part of 
their strategic plans, including reducing fatalities and injuries/
illnesses. Additional information can be found at: http://www.dol.gov/sec/stratplan/StrategicPlan.pdf and http://www.osha.gov/dcsp/osp/efame/index.html.
    In FY 2009 the FAME reports were enhanced to include baseline 
special evaluations for each State Plan. The Enhanced FAME reports 
assessed the State Plans' progress toward achieving the performance 
goals established by their FY 2009 Annual Performance Plans and 
reviewed the effectiveness of programmatic areas related to enforcement 
activities through onsite audits and case file reviews. Each State Plan 
formally responded to the Enhanced FAME report and, as appropriate, 
developed a Corrective Action Plan that was approved by OSHA. The 2009 
interim monitoring guidance, intended to assist OSHA regions in 
monitoring state plans and preparing the FAME reports, focused on 
enforcement activities and the Corrective Action Plans in addition to 
performance goal. It was revised for the FY 2010 and FY 2011 
evaluations in response to concerns and issues raised both within OSHA 
and from State Plans.
    In response to the Office of the Inspector General (OIG) report 
entitled ``OSHA Has Not Determined If State OSH Programs Are At Least 
As Effective in Improving Workplace Safety and Health as Federal OSHA's 
Programs'' (http://www.oig.dol.gov/public/reports/oa/2011/02-11-201-10-105.pdf), OSHA is working with OSHSPA to examine the monitoring system 
and address the OIG's recommendation to OSHA ``to define effectiveness, 
design measures to quantify impact, establish a baseline for State Plan 
evaluations, and revise monitoring to include an assessment of 
effectiveness.'' The goal of the stakeholder meeting announced in this 
notice is to solicit ideas about how to define and measure 
effectiveness and to develop a revised monitoring system (in place of 
the interim guidance) to ensure consistency and effectiveness across 
the State Plans.

II. Stakeholder Meeting

    The stakeholder meeting announced in this notice will be conducted 
in a manner that encourages participants to express individual views 
about how to determine whether OSHA-approved State Plans are as 
effective as the Federal OSHA program. Formal presentations by 
stakeholders are discouraged. The stakeholder meeting discussions will 
center on key indicators of effectiveness for Federal OSHA and OSHA-
approved State Plans. The specific issues to be discussed will include 
the following:
    1. OSHA's mission is ``to assure safe and healthful working 
conditions for working men and women by setting and enforcing standards 
and by providing training, outreach, education and assistance.''
    (a) How would you define or describe the components that constitute 
an OSHA-approved State Plan that was ``effective'' in achieving this 
mission (e.g., funding, staffing, standards setting, strong enforcement 
program, strong consultation program, frequency of inspection, strong 
training and outreach programs, level of penalties etc.)?
    (b) What outcome based measures would you use to determine whether 
OSHA-approved State Plans were achieving this mission (e.g., reductions 
in injury and illness rates, reductions in fatality rates, etc.)?
    (c) What activity based measures would you use to determine whether 
OSHA-approved State Plans were achieving this mission (e.g., number of 
inspections conducted, number of violations issued, etc.)?
    2. Should there be a core set of effectiveness measures that both 
OSHA and State Plan programs must meet?
    3. What activity and outcome based measures would you use to assess 
effectiveness as it relates to the reduction of health hazards?
    4. What activity and outcome based measures would you use to assess 
the effectiveness of the whistleblower program under Section 11(c) of 
the Act?
    5. What indicators would you use to determine and monitor whether 
OSHA-approved State Plans are ``at least as effective'' as federal OSHA 
as outlined in Section 18(b) of the Act?
    Representatives from the State Plans and OSHA have been working to 
develop a number of draft measures. OSHA will make these draft measures 
available on its Web site no less than

[[Page 31649]]

two weeks before the stakeholder meeting.

Authority and Signature

    This document was prepared under the direction of David Michaels, 
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and 
Health.

    Signed at Washington, DC, on May 23, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-12913 Filed 5-25-12; 8:45 am]
BILLING CODE 4510-29-P