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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:
201604-1218-001
Status:
Historical Active
Previous ICR Reference No:
201510-1218-005
Agency/Subagency:
DOL/OSHA
Agency Tracking No:
1218-0236(2016)
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 with change
Conclusion Date:
03/30/2017
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/13/2016
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2020
36 Months From Approved
03/31/2017
Responses
7,516
0
2,872
Time Burden (Hours)
7,516
0
2,872
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:
42 USC 300j-9(i)
Name of Law: Safe Drinking Water Act
US Code:
42 USC 5851
Name of Law: Energy Reorganization 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:
29 USC 660(c)
Name of Law: Occupational Safety and Health 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:
49 USC 30171
Name of Law: Moving Ahead for Progress in the 21st Centry Act (MAP-21)
US Code:
15 USC 2087
Name of Law: Consumer Product Safety Improvement Act
US Code:
46 USC 2114
Name of Law: Seaman's Protection Act
US Code:
12 USC 5567
Name of Law: Consumer Financial Protection Act, Section 1057 of the Dodd- Frank Wall Street Reform and Consumer P
US Code:
29 USC 218(c)
Name of Law: Affordable Care Act
PL:
Pub.L. 111 - 281 611
Name of Law: Coast Guard Authorization Act of 2010
US Code:
21 USC 339d
Name of Law: FDA Food Safety and Modernization 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 Systems Security Act
Citations for New Statutory Requirements:
None
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:
81 FR 8103
02/17/2016
30-day Notice:
Federal Register Citation:
Citation Date:
81 FR 38223
06/13/2016
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
OSHA 8-60.1, OSHA 8-60.1
Notice of Whistleblower Complaint
,
Formulario Electronico de la OSHA Para Presentar Queja Como Denunciante
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
7,516
2,872
0
0
4,644
0
Annual Time Burden (Hours)
7,516
2,872
0
0
4,644
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:
OSHA received 7,516 complaints in Fiscal Year 2015, 4,644 more complaints than the 2,872 complaints estimated in the existing ICR. In addition to the number of complaints filed leading to formal investigations, the Agency includes the number of complaints filed by employees but not investigated, or “screen-outs,” for example, due to lack of Agency jurisdiction to investigate the complaint. This is the first ICR for which the Agency has reliable screening data available to quantify the number of complaints filed and screened-out. This partially accounts for the large increase in annual complaints filed as compared with previous ICRs (e.g., 2,872 estimated complaints in the 2012 ICR). Of the 7,516 complaints filed with OSHA in FY 2015, 4, 228 complaints were administratively closed. The introduction of the electronic complaint form in 2013 may also have contributed to the increase in complaints filed. Thus, OSHA is requesting a total adjustment increase in burden hours of 4,644, from 2,872 to 7,516. The Agency does not believe that the proposed revisions to the electronic complaint form will further impact the adjusted burden hours.
Annual Cost to Federal Government:
$304,080
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:
Rachel Showalter 202 693-2146 Showalter.Rachel@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:
06/13/2016
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