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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1218-0236
ICR Reference No:
201101-1218-004
Status:
Historical Active
Previous ICR Reference No:
200711-1218-004
Agency/Subagency:
DOL/OSHA
Agency Tracking No:
1218-0236(2011)
Title:
Regulations Containing Procedures for Handling of Retaliation Complaints
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/02/2011
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/31/2011
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2014
36 Months From Approved
04/30/2011
Responses
2,503
0
390
Time Burden (Hours)
2,503
0
390
Cost Burden (Dollars)
0
0
0
Abstract:
Employees may file complaints with the Agency for investigation alleging that their employer violated "whistleblower" protection provisions contained in certain statutes and regulations for which the Agency has investigatory responsibility. These whistleblower provisions prohibit retaliatory action by employers against employees who report alleged violations of certain laws or regulations or otherwise engage in protected activities specified by the whistleblower provisions.
Authorizing Statute(s):
US Code:
15 USC 2087
Name of Law: Consumer Product Safety Improvement Act
PL:
Pub.L. 111 - 281 611
Name of Law: Coast Guard Authorization Act of 2010
US Code:
29 USC 218(c)
Name of Law: Affordable Care Act
US Code:
46 USC 2114
Name of Law: Seaman's Protection Act
PL:
Pub.L. 111 - 203 1057
Name of Law: Consumer Financial Protection Act, Sec. 1057 of the Dodd Frank Wall Street Reform and Consumer Prot
PL:
Pub.L. 111 - 353 402
Name of Law: FDA Food Safety and Modernization Act
US Code:
29 USC 660(c)
Name of Law: Occupational Safety and Health Act
US Code:
42 USC 9610
Name of Law: Comprehensive Environmental Response, Compensation and Liability Act
US Code:
49 USC 42121
Name of Law: Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
US Code:
49 USC 60129
Name of Law: Pipeline Safety Improvement Act
US Code:
15 USC 2651
Name of Law: Asbestos Hazard Emergency Response Act
US Code:
46 USC 80507
Name of Law: International Safe Container Act
US Code:
49 USC 31105
Name of Law: Surface Transportation Assistance Act
US Code:
18 USC 1514A
Name of Law: Sarbanes-Oxley Act
US Code:
33 USC 1367
Name of Law: Federal Water Pollution Control Act
US Code:
15 USC 2622
Name of Law: Toxic Substances Control Act
US Code:
42 USC 6971
Name of Law: Solid Waste Disposal Act
US Code:
42 USC 7622
Name of Law: Clean Air Act
US Code:
49 USC 20109
Name of Law: Federal Railroad Safety Act
US Code:
6 USC 1142
Name of Law: National Transit Security Systems Act
US Code:
42 USC 300j-9(i)
Name of Law: Safe Drinking Water Act
US Code:
42 USC 5851
Name of Law: Energy Reorganization Act
Citations for New Statutory Requirements:
US Code: 49 USC 20109 Name of Law: Federal Railroad Safety Act
US Code: 6 USC 1142 Name of Law: National Transit Security Systems Act
US Code: 15 USC 2087 Name of Law: Consumer Product Safety Improvement Act
US Code: 29 USC 218(c) Name of Law: Affordable Care Act
US Code: 46 USC 2114 Name of Law: Seaman's Protection Act
PL: Pub.L. 111 - 281 611 Name of Law: Coast Guard Authorization Act
PL: Pub.L. 111 - 203 1057 Name of Law: Consumer Financial Protection Act, Section 1057 of the Dodd Frank Wall Street Reform and Consumer Pr
PL: Pub.L. 111 - 353 402 Name of Law: FDA Food Safety and Modernization Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
75 FR 66391
10/28/2010
30-day Notice:
Federal Register Citation:
Citation Date:
76 FR 5403
01/31/2011
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Regulations Containing Procedures for Handling of Retaliation Complaints
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
2,503
390
414
1,729
-30
0
Annual Time Burden (Hours)
2,503
390
414
1,729
-30
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
OSHA is requesting an increase in the burden hours of the information collection requirements from 390 hours to 2,504 hours, for a total increase of 2,113 burden hours. This increase includes a program change increase (agency discretion) of 1,729 burden hours, a program change increase (new statute)of 414 burden hours, an adjustment decrease of 30 burden hours. A portion of the program change increase is due to the Agency's determination that all of its regulations containing procedures for the investigation of retaliation complaints, regardless of the form of filing of the complaint, contain information collection requirements. The remainder of the program change increase is a result of the inclusion of new statutes containing whistleblower provisions which have recently been delegated to the Agency. There is also an adjustment decrease from 390 to 360 hours, for a total adjustment decrease of 30 burden hours. This is a result of a decrease in the number of annual complaints received under existing statutes and regulations previously covered by this collection of information.
Annual Cost to Federal Government:
$93,537
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]?
Yes
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Yes
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 owen.todd@dol.gov
Common Form ICR:
No
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:
01/31/2011
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