Regulations Containing Procedures for Handling of Retaliation Complaints; Revision of Approved Information Collection (Paperwork) Requirements for Office of Management and Budget (OMB) Approval, 8103-8105 [2016-03259]

Download as PDF Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES February 24, 2016, using one of the methods listed in the ADDRESSES section. Your request must state: • The amount of time requested to speak; • The interest you represent (e.g., business, organization, affiliation), if any; and • A brief outline of the presentation. PowerPoint presentations and other electronic materials must be compatible with PowerPoint 2010 and other Microsoft Office 2010 formats. The NACOSH Chair may grant requests to address NACOSH as time and circumstances permit. Public docket of NACOSH meetings: OSHA places comments, requests to speak, and speaker presentations, including any personal information you provide, in the NACOSH docket, without change. Those documents also may be available online at https:// www.regulations.gov. Therefore, OSHA cautions you about submitting certain personal information such as Social Security numbers and birthdates. OSHA also places in the NACOSH docket meeting transcripts, meeting minutes, documents presented at the NACOSH meeting, and other documents pertaining to the NACOSH meetings. These documents may be available online at https://www.regulations.gov. Access to the public record of NACOSH meetings: To read or download documents in the NACOSH docket, go to Docket No. OSHA–2016– 0001 at https://www.regulations.gov. The index for that Web page lists all of the documents in the docket; however, some documents (e.g., copyrighted materials) are not publicly available through that Web page. All documents in the NACOSH docket, including materials not available through https:// www.regulations.gov, are available in the OSHA Docket Office. Please contact the OSHA Docket Office for assistance in making submissions to, or obtaining materials from, the NACOSH docket. Electronic copies of this Federal Register notice are available at https:// www.regulations.gov. This notice, as well as news releases and other relevant information, also are available on OSHA’s Web page at https:// www.osha.gov. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice under the authority granted by 29 U.S.C. 656; 5 U.S.C. App. 2; 29 CFR part 1912a; 41 CFR part 102–3; and Secretary of Labor’s Order No. 1–2012 (77 FR 3912 (1/25/2012)). VerDate Sep<11>2014 19:05 Feb 16, 2016 Jkt 238001 Signed at Washington, DC, on February 11, 2016. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2016–03295 Filed 2–16–16; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2012–0026] Regulations Containing Procedures for Handling of Retaliation Complaints; Revision of Approved Information Collection (Paperwork) Requirements for Office of Management and Budget (OMB) Approval Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comments. AGENCY: OSHA solicits public comments concerning its proposal to extend and revise the collections of information currently approved by the Office of Management and Budget (OMB) for handling of retaliation complaints filed with OSHA under various whistleblower protection statutes and the procedural regulations described in this notice. These regulations contain procedures employees must use to file a complaint with OSHA alleging that their employer violated a whistleblower protection provision contained in certain statutes that generally prohibit retaliatory action by employers against employees who engage in activities protected by the statutes. The collections of information include revisions to the form for employees to submit retaliation complaints to OSHA, including electronic submission. DATES: Comments must be submitted (postmarked, sent, or received) by April 18, 2016. ADDRESSES: Electronically: You may submit comments and attachments electronically at https:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Facsimile: If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger or courier service: When using this method, you must submit your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA–2012–0026, U.S. Department of SUMMARY: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 8103 Labor, Occupational Safety and Health Administration, Room N–2625, 200 Constitution Avenue NW., Washington, DC 20210. Deliveries (hand, express mail, messenger and courier service) are accepted during the Department of Labor’s and Docket Office’s normal business hours, 8:15 a.m. to 4:45 p.m., e.t. Instructions: All submissions must include the Agency name and OSHA docket number (OSHA–2012–0026) for the Information Collection Request (ICR). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at https://www.regulations.gov. For further information on submitting comments see the ‘‘Public Participation’’ heading in the section of this notice titled SUPPLEMENTARY INFORMATION. Docket: To read or download comments or other material in the docket, go to https://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket (including this Federal Register notice) are listed in the https:// www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download from the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact the Directorate of Whistleblower Protection Programs at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Directorate of Whistleblower Protection Programs, OSHA, U.S. Department of Labor, Room N–4624, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693–2199; email Garrahan.Maryann@dol.gov. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (e.g., an employee filing a retaliation complaint) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and E:\FR\FM\17FEN1.SGM 17FEN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 8104 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices OSHA’s estimate of the information collection burden is accurate. The Agency is responsible for investigating alleged violations of ‘‘whistleblower’’ provisions contained in a number of statutes. These whistleblower provisions generally prohibit retaliation by employers against employees who report alleged violations of certain laws or regulations. Accordingly, these provisions prohibit an employer from discharging or taking any other retaliatory action against an employee because the employee engages in any of the protected activities specified by the whistleblower provisions of the statutes. These statutes are covered under the following regulations: 29 CFR part 24, Procedures for the Handling of Retaliation Complaints under the Employee Protection Provisions of Six Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, As Amended (29 CFR part 24 covers the: Safe Drinking Water Act, 42 U.S.C. 300j–9(i); Federal Water Pollution Control Act, 33 U.S.C. 1367; Toxic Substances Control Act, 15 U.S.C. 2622; Solid Waste Disposal Act, 42 U.S.C. 6971; Clean Air Act, 42 U.S.C. 7622; Energy Reorganization Act of 1974, 42 U.S.C. 5851; and Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9610); 29 CFR part 1977, Discrimination Against Employees Exercising Rights under the WilliamsSteiger Occupational Safety and Health Act (29 CFR part 1977 covers the: Occupational Safety and Health Act, 29 U.S.C. 660; Asbestos Hazard Emergency Response Act, 15 U.S.C. 2651; and International Safe Container Act, 46 U.S.C. 80507); 29 CFR part 1978, Procedures for the Handling of Retaliation Complaints under the Employee Protection Provision of the Surface Transportation Assistance Act of 1982; 29 CFR part 1979, Procedures for Handling Discrimination Complaints Under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century; 29 CFR part 1980, Procedures for Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002 (Title VIII of the Sarbanes-Oxley Act of 2002); 29 CFR part 1981, Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety and Improvement Act of 2002; 29 CFR part 1982, Procedures for the Handling of Retaliation Complaints Under the National Transit Systems Security Act and the Federal Railroad Safety Act; 29 CFR part 1983, Procedures for the VerDate Sep<11>2014 19:05 Feb 16, 2016 Jkt 238001 Handling of Retaliation Complaints Under Section 219 of the Consumer Product Safety Improvement Act of 2008; 29 CFR part 1984, Procedures for Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act; 29 CFR part 1985, Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010; 29 CFR part 1986, Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Seaman’s Protection Act (SPA), as Amended; and 29 CFR part 1987, Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act. In addition, OSHA investigates complaints of retaliation filed under the recently-enacted whistleblower provision Section 31307 of the Moving Ahead for Progress in the 21st Century Act, 49 U.S.C. 30171. This statutory provision is included in the existing ICR. Collections of information contained in future regulations promulgated by the Agency with respect to a whistleblower provision of any other Federal law, except those that are assigned to another DOL agency, will be added to this information collection. OSHA’s whistleblower regulations specify the procedures that an employee must use to file a complaint alleging that their employer violated a whistleblower provision for which the Agency has investigative responsibility. Any employee who believes that such a violation occurred may file a complaint, or have the complaint filed on their behalf. Two of these regulations, 29 CFR parts 1979 and 1981, state that complaints must be filed in writing and should include a full statement of the acts and omissions, with pertinent dates, that the employee believes constitute the violation. The other regulations, 29 CFR parts 24, 1977, 1978, 1980, 1982, 1983, 1984, 1986, 1986, and 1987 require no particular form of filing for complaints. However, it is OSHA’s policy to accept complaints in any form (i.e., orally or in writing) under all statutes. This policy helps ensure that employees of all circumstances and education levels will have equal access to the complaint filing process. OSHA proposes to revise this ICR to include revisions to the electronic complaint form, titled, ‘‘Notice of Whistleblower Complaint’’ (OSHA8– 60.1), that will streamline the process for employees to submit complaints of retaliation to OSHA electronically directly through the Internet. The revisions to the form will not impact PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 workers’ ability to electronically submit whistleblower complaints directly to OSHA 24-hours a day, which provides workers with greater flexibility for meeting statutory filing deadlines. Additionally, the revised form includes interactive features which make the form easier for an employee to understand and complete. By streamlining the Agency’s electronic complaint filing process, the revised form will reduce the Agency’s complaint processing time, which will improve the quality of the customer service that the Agency can offer the public. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed collections of information are necessary for the proper performance of the Agency’s functions, including whether the information is useful; • The accuracy of OSHA’s estimate of the burden (time and costs) of the collections of information, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on individuals who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB approve the proposed extension and revision of the collections of information contained in OSHA’s statutory authorities and the regulations containing procedures for handling retaliation complaints at 29 CFR parts 24, 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986 and 1987.1 Specifically, this revision contains a revised information collection instrument, a form, which employees may use to file complaints. In addition, OSHA is requesting an adjustment increase in burden hours from 2,872 burden hours to 7,516 burden hours (a total increase of 4,644 hours). The adjustment increase is due to updated investigation data, which includes the number of complaints investigated as well as screened out complaints. The updated data shows an increase in the annual number of complaints filed. The Agency will summarize the comments submitted in response to this notice, 1 Several of these regulations use the term ‘‘discrimination’’ or ‘‘discrimination complaints’’ in their titles. These terms are synonymous with ‘‘retaliation’’ and ‘‘retaliation complaints,’’ respectively. E:\FR\FM\17FEN1.SGM 17FEN1 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES and will include this summary in the request to OMB. Type of Review: Revision of a currently approved collection. Title: Regulations Containing Procedures for Handling Retaliation Complaints. OMB Number: 1218–0236. Affected Public: Individuals. Number of Respondents: 7,516. Frequency of Response: Once per complaint. Average Time per Response: 1 hour. Estimated Total Burden Hours: 7,516. Estimated Cost (Operation and Maintenance): $0. available at the Web site’s ‘‘User Tips’’ link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows: (1) Electronically at https:// www.regulations.gov, which is the Federal eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA–2012–0026). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger or courier service, please contact the OSHA Docket Office at (202) 693–2350, (TTY (877) 889– 5627). Comments and submissions are posted without change at https:// www.regulations.gov. Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and dates of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the https:// www.regulations.gov Web site to submit comments and access the docket is Signed at Washington, DC, on February 11, 2016. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. VerDate Sep<11>2014 19:05 Feb 16, 2016 Jkt 238001 V. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor’s Order No. 1–2012 (77 FR 3912). [FR Doc. 2016–03259 Filed 2–16–16; 8:45 am] BILLING CODE 4510–26–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (16–015)] NASA Advisory Council; Science Committee; Astrophysics Subcommittee; Meeting National Aeronautics and Space Administration. ACTION: Notice of meeting. AGENCY: In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Astrophysics Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The meeting will be held for the purpose of soliciting, from the scientific community and other persons, scientific and technical information relevant to program planning. DATES: Tuesday, March 15, 2016, 8:00 a.m.–5:00 p.m., and Wednesday, March 16, 2016, 8:00 a.m.–5:00 p.m., Local Time. SUMMARY: NASA Headquarters, Room 3H42, 300 E Street SW., Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: Ms. Ann Delo, Science Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358–0750, fax (202) 358– 2779, or ann.b.delo@nasa.gov. SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to the capacity of the room. This meeting will also be available ADDRESSES: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 8105 telephonically and by WebEx. Any interested person may call the USA toll free conference call number 1–888–995– 9162, passcode 2991610, on both days. The WebEx link is https:// nasa.webex.com/; the meeting number on March 15 is 992 641 163, password is Astrophysics!1; and the meeting number on March 16 is 999 231 439, password is Astrophysics!1. The agenda for the meeting includes the following topics: —Astrophysics Division Update, including Budget Updates from the FY2016 Appropriation and FY2017 President’s Budget Request —Updates on Specific Astrophysics Missions —Reports from the Program Analysis Groups —Report on NASA Earth and Space Science Fellows Program Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID to Security before access to NASA Headquarters. Due to the Real ID Act, Public Law 109–13, any attendees with drivers licenses issued from noncompliant states/territories must present a second form of ID. [Federal employee badge; passport; active military identification card; enhanced driver’s license; U.S. Coast Guard Merchant Mariner card; Native American tribal document; school identification accompanied by an item from LIST C (documents that establish employment authorization) from the ‘‘List of the Acceptable Documents’’ on Form I–9]. Non-compliant states/territories are: American Samoa, Illinois, Minnesota, Missouri, New Mexico and Washington. Foreign nationals attending this meeting will be required to provide a copy of their passport and visa in addition to providing the following information no less than 10 working days prior to the meeting: full name; gender; date/place of birth; citizenship; visa information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, telephone); title/ position of attendee; and home address to Ann Delo via email at ann.b.delo@nasa.gov or by fax at (202) 358–2779. U.S. citizens and Permanent Residents (green card holders) are requested to submit their name and affiliation 3 working days prior to the meeting to Ann Delo. It is imperative that this meeting be held on these dates E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8103-8105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03259]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

 [Docket No. OSHA-2012-0026]


Regulations Containing Procedures for Handling of Retaliation 
Complaints; Revision of Approved Information Collection (Paperwork) 
Requirements for Office of Management and Budget (OMB) Approval

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

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to 
extend and revise the collections of information currently approved by 
the Office of Management and Budget (OMB) for handling of retaliation 
complaints filed with OSHA under various whistleblower protection 
statutes and the procedural regulations described in this notice. These 
regulations contain procedures employees must use to file a complaint 
with OSHA alleging that their employer violated a whistleblower 
protection provision contained in certain statutes that generally 
prohibit retaliatory action by employers against employees who engage 
in activities protected by the statutes. The collections of information 
include revisions to the form for employees to submit retaliation 
complaints to OSHA, including electronic submission.

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 18, 2016.

ADDRESSES: Electronically: You may submit comments and attachments 
electronically at https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger or courier service: 
When using this method, you must submit your comments and attachments 
to the OSHA Docket Office, OSHA Docket No. OSHA-2012-0026, U.S. 
Department of Labor, Occupational Safety and Health Administration, 
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210. 
Deliveries (hand, express mail, messenger and courier service) are 
accepted during the Department of Labor's and Docket Office's normal 
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2012-0026) for the Information Collection Request 
(ICR). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at https://www.regulations.gov. For further information 
on submitting comments see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the https://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download from the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact the Directorate 
of Whistleblower Protection Programs at the address below to obtain a 
copy of the ICR.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, 
Directorate of Whistleblower Protection Programs, OSHA, U.S. Department 
of Labor, Room N-4624, 200 Constitution Avenue NW., Washington, DC 
20210; telephone: (202) 693-2199; email Garrahan.Maryann@dol.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent (e.g., an employee filing a retaliation 
complaint) burden, conducts a preclearance consultation program to 
provide the public with an opportunity to comment on proposed and 
continuing collections of information in accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures 
that information is in the desired format, reporting burden (time and 
costs) is minimal, collection instruments are clearly understood, and

[[Page 8104]]

OSHA's estimate of the information collection burden is accurate.
    The Agency is responsible for investigating alleged violations of 
``whistleblower'' provisions contained in a number of statutes. These 
whistleblower provisions generally prohibit retaliation by employers 
against employees who report alleged violations of certain laws or 
regulations. Accordingly, these provisions prohibit an employer from 
discharging or taking any other retaliatory action against an employee 
because the employee engages in any of the protected activities 
specified by the whistleblower provisions of the statutes. These 
statutes are covered under the following regulations: 29 CFR part 24, 
Procedures for the Handling of Retaliation Complaints under the 
Employee Protection Provisions of Six Environmental Statutes and 
Section 211 of the Energy Reorganization Act of 1974, As Amended (29 
CFR part 24 covers the: Safe Drinking Water Act, 42 U.S.C. 300j-9(i); 
Federal Water Pollution Control Act, 33 U.S.C. 1367; Toxic Substances 
Control Act, 15 U.S.C. 2622; Solid Waste Disposal Act, 42 U.S.C. 6971; 
Clean Air Act, 42 U.S.C. 7622; Energy Reorganization Act of 1974, 42 
U.S.C. 5851; and Comprehensive Environmental Response, Compensation and 
Liability Act, 42 U.S.C. 9610); 29 CFR part 1977, Discrimination 
Against Employees Exercising Rights under the Williams-Steiger 
Occupational Safety and Health Act (29 CFR part 1977 covers the: 
Occupational Safety and Health Act, 29 U.S.C. 660; Asbestos Hazard 
Emergency Response Act, 15 U.S.C. 2651; and International Safe 
Container Act, 46 U.S.C. 80507); 29 CFR part 1978, Procedures for the 
Handling of Retaliation Complaints under the Employee Protection 
Provision of the Surface Transportation Assistance Act of 1982; 29 CFR 
part 1979, Procedures for Handling Discrimination Complaints Under the 
Wendell H. Ford Aviation Investment and Reform Act for the 21st 
Century; 29 CFR part 1980, Procedures for Handling of Discrimination 
Complaints Under Section 806 of the Corporate and Criminal Fraud 
Accountability Act of 2002 (Title VIII of the Sarbanes-Oxley Act of 
2002); 29 CFR part 1981, Procedures for the Handling of Discrimination 
Complaints under Section 6 of the Pipeline Safety and Improvement Act 
of 2002; 29 CFR part 1982, Procedures for the Handling of Retaliation 
Complaints Under the National Transit Systems Security Act and the 
Federal Railroad Safety Act; 29 CFR part 1983, Procedures for the 
Handling of Retaliation Complaints Under Section 219 of the Consumer 
Product Safety Improvement Act of 2008; 29 CFR part 1984, Procedures 
for Handling of Retaliation Complaints Under Section 1558 of the 
Affordable Care Act; 29 CFR part 1985, Procedures for Handling 
Retaliation Complaints Under the Employee Protection Provision of the 
Consumer Financial Protection Act of 2010; 29 CFR part 1986, Procedures 
for the Handling of Retaliation Complaints Under the Employee 
Protection Provision of the Seaman's Protection Act (SPA), as Amended; 
and 29 CFR part 1987, Procedures for Handling Retaliation Complaints 
Under Section 402 of the FDA Food Safety Modernization Act.
    In addition, OSHA investigates complaints of retaliation filed 
under the recently-enacted whistleblower provision Section 31307 of the 
Moving Ahead for Progress in the 21st Century Act, 49 U.S.C. 30171. 
This statutory provision is included in the existing ICR. Collections 
of information contained in future regulations promulgated by the 
Agency with respect to a whistleblower provision of any other Federal 
law, except those that are assigned to another DOL agency, will be 
added to this information collection.
    OSHA's whistleblower regulations specify the procedures that an 
employee must use to file a complaint alleging that their employer 
violated a whistleblower provision for which the Agency has 
investigative responsibility. Any employee who believes that such a 
violation occurred may file a complaint, or have the complaint filed on 
their behalf. Two of these regulations, 29 CFR parts 1979 and 1981, 
state that complaints must be filed in writing and should include a 
full statement of the acts and omissions, with pertinent dates, that 
the employee believes constitute the violation. The other regulations, 
29 CFR parts 24, 1977, 1978, 1980, 1982, 1983, 1984, 1986, 1986, and 
1987 require no particular form of filing for complaints. However, it 
is OSHA's policy to accept complaints in any form (i.e., orally or in 
writing) under all statutes. This policy helps ensure that employees of 
all circumstances and education levels will have equal access to the 
complaint filing process.
    OSHA proposes to revise this ICR to include revisions to the 
electronic complaint form, titled, ``Notice of Whistleblower 
Complaint'' (OSHA8-60.1), that will streamline the process for 
employees to submit complaints of retaliation to OSHA electronically 
directly through the Internet. The revisions to the form will not 
impact workers' ability to electronically submit whistleblower 
complaints directly to OSHA 24-hours a day, which provides workers with 
greater flexibility for meeting statutory filing deadlines. 
Additionally, the revised form includes interactive features which make 
the form easier for an employee to understand and complete. By 
streamlining the Agency's electronic complaint filing process, the 
revised form will reduce the Agency's complaint processing time, which 
will improve the quality of the customer service that the Agency can 
offer the public.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed collections of information are 
necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
costs) of the collections of information, including the validity of the 
methodology and assumptions used;
     The quality, utility, and clarity of the information 
collected; and
     Ways to minimize the burden on individuals who must 
comply; for example, by using automated or other technological 
information collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB approve the proposed extension and 
revision of the collections of information contained in OSHA's 
statutory authorities and the regulations containing procedures for 
handling retaliation complaints at 29 CFR parts 24, 1978, 1979, 1980, 
1981, 1982, 1983, 1984, 1985, 1986 and 1987.\1\ Specifically, this 
revision contains a revised information collection instrument, a form, 
which employees may use to file complaints. In addition, OSHA is 
requesting an adjustment increase in burden hours from 2,872 burden 
hours to 7,516 burden hours (a total increase of 4,644 hours). The 
adjustment increase is due to updated investigation data, which 
includes the number of complaints investigated as well as screened out 
complaints. The updated data shows an increase in the annual number of 
complaints filed. The Agency will summarize the comments submitted in 
response to this notice,

[[Page 8105]]

and will include this summary in the request to OMB.
---------------------------------------------------------------------------

    \1\ Several of these regulations use the term ``discrimination'' 
or ``discrimination complaints'' in their titles. These terms are 
synonymous with ``retaliation'' and ``retaliation complaints,'' 
respectively.
---------------------------------------------------------------------------

    Type of Review: Revision of a currently approved collection.
    Title: Regulations Containing Procedures for Handling Retaliation 
Complaints.
    OMB Number: 1218-0236.
    Affected Public: Individuals.
    Number of Respondents: 7,516.
    Frequency of Response: Once per complaint.
    Average Time per Response: 1 hour.
    Estimated Total Burden Hours: 7,516.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) Electronically at https://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All 
comments, attachments, and other material must identify the Agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2012-0026). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled ADDRESSES). 
The additional materials must clearly identify your electronic comments 
by your name, date, and the docket number so the Agency can attach them 
to your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger or courier service, please contact the OSHA 
Docket Office at (202) 693-2350, (TTY (877) 889-5627). Comments and 
submissions are posted without change at https://www.regulations.gov. 
Therefore, OSHA cautions commenters about submitting personal 
information such as social security numbers and dates of birth. 
Although all submissions are listed in the https://www.regulations.gov 
index, some information (e.g., copyrighted material) is not publicly 
available to read or download through this Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. Information on using the https://www.regulations.gov Web site to submit comments and access the docket 
is available at the Web site's ``User Tips'' link. Contact the OSHA 
Docket Office for information about materials not available through the 
Web site, and for assistance in using the Internet to locate docket 
submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
notice. The authority for this notice is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on February 11, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-03259 Filed 2-16-16; 8:45 am]
 BILLING CODE 4510-26-P
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