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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:
201911-1218-004
Status:
Historical Active
Previous ICR Reference No:
201908-1218-002
Agency/Subagency:
DOL/OSHA
Agency Tracking No:
1218-0236(2020)
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:
02/04/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/27/2020
Terms of Clearance:
Collection of this information from employees of the US Postal Service or other federal employees is not covered by the Paperwork Reduction Act and thus is not impacted by OMB approval of this revision (5 CFR 1320.3(c)(4)). OMB reserves the discretion to determine that particular additional categories of whistleblower complaints are a substantive or material change.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/29/2024
36 Months From Approved
02/28/2021
Responses
10,126
0
7,566
Time Burden (Hours)
10,126
0
7,566
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 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
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:
26 USC 7623d
Name of Law: Taxpayer First 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
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
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:
84 FR 65845
11/29/2019
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 17365
03/27/2020
Did the Agency receive public comments on this ICR?
No
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
OSHA Online Whistleblower Complaint Form
,
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
10,126
7,566
0
0
2,560
0
Annual Time Burden (Hours)
10,126
7,566
0
0
2,560
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 is requesting a total adjustment increase in burden hours of 2,560, from 7,566 to 10,126. The requested adjustment increase is due to an increase in the agency’s estimate of complaints received. Based on the agency’s Fiscal Year 2019 data, OSHA estimates that 10,126 complaints will be received annually; 2,560 more complaints than the 7,566 complaints estimated in the existing ICR. The adjustment increase includes the number of complaints received in FY 2019 (9,132 complaints), plus an estimate of 50 complaints per year filed under the newly-enacted Taxpayer First Act each year. The estimate also includes a 5% annual increase in complaints received each year. 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:
$437,653
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
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?
No
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:
03/27/2020
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