Agency Recordkeeping/Reporting Requirements Under Review by the Office of Management and Budget (OMB)

Federal RegisterJun 30, 1995

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DEPARTMENT OF LABOR

Office of the Secretary

Agency Recordkeeping/Reporting Requirements Under Review by the

Office of Management and Budget (OMB)

June 27, 1995.

The Department of Labor has submitted the following public

information collection requests (ICRs) to the Office of Management and

Budget (OMB) for review and clearance under the Paperwork Reduction Act

(44 U.S.C. Chapter 35) of 1980, as amended (P.L. 96-511). Copies may be

obtained by calling the Department of Labor Acting Departmental

Clearance Officer, Theresa M. O'Malley, (202) 219-5095. Comments and

questions about the ICRs listed below should be directed to Ms.

O'Malley, Office of Information Resources Management Policy, U.S.

Department of Labor, 200 Constitution Avenue, NW., Room N-1301,

Washington, DC 20210. Comments should also be sent to the Office of

Information and Regulatory Affairs. Attn: OMB Desk Officer for (BLS/DM/

ESA/ETA/OAW/MSHA/OSHA/PWBA/VETS), Office of Management and Budget, Room

10325, Washington, DC 20503, (202) 395-7316.

Individuals who use a telecommunications device for the deaf (TTY/

TDD) may call (202) 219-4720 between 1:00 p.m. and 4:00 p.m. Eastern

time, Monday through Friday.

Type of Review: Revision.

Agency: Occupational Safety and Health Administration.

Title: Confined and Enclosed Spaces and Other Dangerous Atmospheres

in Shipyard Employment.

OMB Number: 1218-0011.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 300.

Estimated Time Per Respondent: .35 hours.

Total Burden Hours: 381.

Description: To ensure that shipyard personnel do not enter

confined spaces that contain oxygen deficient toxic or flammable

atmospheres, qualified (competent) personnel must test such spaces.

This information provides individuals deemed qualified by employers to

conduct such tests, plus results and instructions.

Type of Review: Revision.

Agency: Occupational Safety and Health Administration.

Title: Occupational Exposure to Noise.

OMB Number: 1218-0048.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 311,094

Estimated Time Per Respondent: 6.7 hours.

Total Burden Hours: 1,915,151.

Description: The Occupational Exposure to Noise Standard and its

information collection requirements is to provide protection for

employees from the adverse health effects associated with occupational

exposure to noise. The Standard requires that employers must establish

and maintain a training and compliance program, including exposure

monitoring and medical surveillance records. These records are used by

employees, physicians, employers and the Occupational Safety and Health

Administration (OSHA) to determine the effectiveness of the employers'

compliance efforts. Also the standard requires that OSHA have access to

various records to ensure that employers are complying with the

provisions of the occupational exposure to noise.

Type of Review: Reinstatement without change, of a previously

approved collection for which approval has expired.

Agency: Occupational Safety and Health Administration.

Title: Construction Oxygen and Toxic Test.

OMB Number: 1218-0054.

Frequency: Once per shift; occasionally several times per shift

when applicable.

Affected Public: Business or other for-profit.

Number of Respondents: 14,060.

Estimated Time Per Respondent: 3 minutes.

Total Burden Hours: 703.

Description: This regulation requires that whenever internal

combustion engine powered equipment exhausts in enclosed spaces, tests

shall be made and recorded to see that employees are not exposed to

unsafe concentrations of toxic gases or oxygen deficient atmospheres.

Type of Review: Reinstatement, without change, of a previously

approved collection for which approval has expired.

Agency: Occupational Safety and Health Administration.

Title: Underground Construction Air Quality Record.

OMB Number: 1218-0067.

Frequency: On occasion (the estimated 250 respondents annually that

are required to keep records under this standard take three air samples

a day over a 250-workday year).

Affected Public: Business or other for-profit.

Number of Respondents: 250.

Estimated Time Per Respondent: 3 minutes.

Total Burden Hours: 46,876.

Description: This regulation requires that a record of all air

quality tests be maintained above ground at the worksite and be made

available to the Secretary of Labor upon request. The record shall

include the location, date,

[[Page 34298]]

time, substance and amount monitored. Records of exposures to toxic

substances shall be retained in accordance with section 1910.20 of this

regulation. All other air quality tests records shall be retained until

completion of the project.

Type of Review: Reinstatement, without change, of a previously

approved collection for which approval has expired.

Agency: Occupational Safety and Health Administration.

Title: Diving Related Recordkeeping.

OMB Number: 1218-0069.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 3,000.

Estimated Time Per Respondent: 37 hours.

Total Burden Hours: 111,005

Description: These requirements/records are directed toward

assuring the safety/health of divers exposed to hyperbaric conditions

during and after undersea activities. Additionally, the safety

standards requiring records pertaining to diving equipment are intended

to bring about a safe workplace and, thus, better assure the

occupational safety/health of divers.

Type of Review: Reinstatement, without change, of a previously

approved collection for which approval has expired.

Agency: Occuptional Safety and Health Administration.

Title: Organizational Statement for Fire Brigades.

OMB Number: 1218-0075.

Frequency: One-time.

Affected Public: Business or other for-profit.

Number of Respondents: 2,750.

Estimated Time Per Respondent: 5 minutes.

Total Burden Hours: 269.

Description: The organizational statement describes what the fire

brigade is expected to do, and will help employees understand their

duties as fire brigade members. It will also inform compliance officers

of the type of fire fighting which will be performed, and if the level

of training is consistent with that type of fire fighting.

Type of Review: Reinstatement, without change, of a previously

approved collection for which approval has expired.

Agency: Occupational Safety and Health Administration.

Title: Construction Posting Requirements--Emergency Phone Number

and Floor Load Limits.

OMB Number: 1218-0093.

Frequency: (a) Once every other year (b) Twice every year.

Affected Public: Business or other for-profit.

Number of Respondents: (a) 417,953; (b) 2,925=420,878.

Estimated Time Per Respondent: (a) 2 minutes; (b) 30 minutes.

Total Burden Hours: (a) 6,966; (b) 1,900=8,866.

Description: (a) Construction work is hazardous at times and the

injury and severity rates are high in spite of efforts to abate the

identifiable hazards, there is a need to obtain medical attention or

provide ambulance and hospital service as expeditiously as possible. It

is, therefore, necessary to require that the phone numbers be

conspicuously posted on construction job sites.

(b) During construction of certain multi-story buildings or

structures, it is necessary to store materials on elevated floors. In

order to make sure they do not overload the floor, the Occupational

Safety and Health Administration requires the load limits to be posted

in pounds per square foot with signs in the storage area. This should

eliminate the hazard of building collapse due to overloading and thus

protect employers from the hazard.

Type of Review: Reinstatement, without change, of a previously

approved collection for which approval has expired.

Agency: Occupational Safety and Health Administration.

Title: Concrete and Masonry Construction.

OMB Number: 1218-0095.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 70,000.

Estimated Time Per Respondent: 10 minutes.

Total Burden Hours: 11,667

Description: Construction firms engaged in the erection of concrete

formwork are required to have a copy of the formwork plans or drawings

at the job site for use by the contractor when erecting the formwork.

Failure to follow drawings could cause a collapse.

Type of Review: Reinstatement, without change, of a previously

approved collection for which approval has expired.

Agency: Occupational Safety and Health Administration.

Title: Construction Crane or Derrick Annual Inspection Records.

OMB Number: 1218-0113.

Agency Number: OSHA 229.

Frequency: Annually.

Affected Public: Business or other for-profit.

Number of Respondents: 22,600.

Estimated Time Per Respondent: 30 minutes.

Total Burden Hours: 218,090.

Description: This regulation requires that a thorough, annual

inspection of the hoisting machinery be made by a competent person, or

by a government or private agency recognized by the Department of

Labor. The employer shall maintain a record of the dates and results of

inspections for each hoisting machine and piece of equipment.

Type of Review: Reinstatement, without change, of a previously

approved collection for which approval has expired.

Agency: Occupational Safety and Health Administration.

Title: Construction Crane Rating Chart Limitation Instructions.

OMB Number: 1218-0115.

Frequency: Annually for rerating; on occasion when there is a

modification of crane or derrick.

Affected Public: Business or other for-profit.

Number of Respondents: 19.

Estimated Time Per Respondent: 65 hours per employee (depending on

the size of the crane, it can take between 2-10 employees).

Total Burden Hours: 4,550.

Description: This regulation requires the use of appropriately

documented capacity charts and machine configuration limitations to

ensure the employee a safe place to work for any field constructed

crane or derrick. The documentation is used by the employers,

engineers, supervisors and equipment operator employees to determine

machine ability to perform the lifting and placing of assigned loads

with the piece of equipment involved.

Type of Review: Extension.

Agency: Occupational Safety and Health Administration.

Title: Electrical Standards for Construction.

OMB Number: 1218-0130.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 30,249.

Estimated Time Per Respondent: 1.04 hours.

Total Burden Hours: 31,459.

Description: This collection of information requires employers to

maintain a written description of an assured equipment grounding

conductor program.

Type of Review: Revision.

Agency: Occupational Safety and Health Administration.

Title: Occupational Exposure to Toxic Substances in Laboratories.

OMB Number: 1218-0131.

Agency Number:

Frequency: On occasion.

[[Page 34299]]

Affected Public: Business or other for-profit.

Number of Respondents: 173,465.

Estimated Time Per Respondent: 1.6 hours.

Total Burden Hours: 10,752.

Description: The laboratory standard and its information collection

requirements is to provide protection for employees from the adverse

health effects associated with occupational exposure to laboratories.

The standard requires that employers must establish and maintain a

training and compliance program including exposure monitoring and

medical surveillance records. These records are used by employees,

physicians, employers and the Occupational Safety and Health

Administration (OSHA) to determine the effectiveness of the employers'

compliance efforts. Also, the standards requires that OSHA has access

to various records to ensure that employers are complying with the

disclosure provisions of the laboratory standard.

Type of Review: Reinstatement, without change, of a previously

approved collection for which approval has expired.

Agency: Occupational Safety and Health Administration.

OMB Number: 1218-0133.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 486.

Estimated Time Per Response: .60 hours.

Total Burden Hours: 38,104.

Description: The asbestos standard and its information collection

requirements is to provide protection for employees from the adverse

health affects associated with occupational exposure to asbestos. The

standard requires that employers must establish and maintain a training

and compliance program, including exposure monitoring and medical

surveillance records. In addition, building owners and employers must

inform employees about the existence of asbestos containing material

and potential asbestos containing material in the facility. Required

information is used by employees, physicians, employers and the

Occupational Safety and Health Administration (OSHA) to ensure

employees are being protected from exposure to asbestos. Also, the

standard requires that OSHA have access to various records to ensure

that employers are complying with the disclosure provisions of the

asbestos standard.

Type of Review: Reinstatment, without change, of a previously

approved collection for which approval has expired.

Agency: Occupational Safety and Health Administration

Title: Design of Cave-in Protection Systems

OMB Number: 1218-0137.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 1,150.

Estimated Time Per Respondent: .5 hours.

Total Burden Hours: 69,581.

Description: Design of cave-in protection systems are needed by

employers in the construction industry and the Occupational Safety and

Health Administration compliance officers to ensure that cave-in

protection systems are designed, installed, and used in a manner to

protect employees adequately.

Type of Review: Revision.

Agency: Occupational Safety and Health Administration.

Title: Formaldehyde.

OMB Number: 1218-0145.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 1,447,187.

Estimated Time Per Respondent: .50 hours.

Total Burden Hours: 721,053.

Description: This regulation requires employers to train employees

about the hazards of formaldehyde, monitor employee exposure, provide

medical surveillance, and maintain accurate records of employee

exposure. These records will be used by employers, employees,

physicians, and the Government to ensure that employees are not harmed

by exposure to formaldehyde.

Type of Review: Reinstatement, without change, of a previously

approved collected for which approval has expired.

Agency: Occupaitonal Safety and Health Administration.

Title: Crane or Derrick Suspended Personnel Platforms.

OMB Number: 1218-0151.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 623.

Estimated Time Per Respondent: 10 minutes.

Total Burden Hours: 104.

Description: This regulation requires that personnel platforms

shall be conspicuously posted with a plate or other permanent marking

which indicates the eight of the platform and its rated load capacity

or maximum intended load.

Type of Review: Revision.

Agency: Occupational Safety and Health Administration.

Title: Occupational Exposure to Cadmium (Construction).

OMB Number: 1218-0186.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 10,000.

Estimated Time Per Respondent: .15 hours.

Total Burden Hours: 46,395.

Description: The cadmium standard and its information collection

requirements is to provide protection for employees from the adverse

health effects associated with occupational exposure to cadmium. The

standard requires that employers must establish and maintain a training

and compliance program, including exposure monitoring and medical

surveillance records. These records are used by employees, physicians,

employers and the Occupational Safety and Health Administration (OSHA)

to determine the effectiveness of the employers' compliance efforts.

Also, the standard requires that OSHA have access to various records to

ensure that employers are complying with the disclosure provisions of

the cadmium standard.

Type of Review: Revision.

Agency: Occupational Safety and Health Administration.

Title: Fall Protection Plan.

OMB Number: 1218-0197.

Frequency: On occasion.

Affected Public: Business or other for-profit; Federal Government;

State, Local or Tribal Government.

Number of Respondents: 100,000.

Estimated Time Per Respondent: 1 hour to develop a plan; 5 minutes

for compliance inspection access.

Total Burden Hours: 100,080.

Description: The employer is required to develop a fall protection

plan when it is infeasible or creates a greater hazard to use

conventional fall protection systems. The plan must be disclosed to the

Occupational Safety and Health Administration compliance officer at the

time of an inspection if requested.

Type of Review: New.

Agency: Occupational Safety and Health Administration.

Title: Process Safety Management of Highly Hazardous Chemicals.

OMB Number: 1218-0new.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 24,939.

Estimated Time Per Respondent: 5,419 hours.

Total Burden Hours: 135,145,622.

Description: These requirements/records are directed toward

assuring

[[Page 34300]]

that the hazards associated with processes using highly hazardous

chemicals are managed. They establish procedures for process safety

management that will protect employees by preventing or minimizing the

consequences of chemical accidents involving highly hazardous

chemicals.

Type of Review: Reinstatement, with change, of a previously

approved collection for which approval has expired.

Agency: Pension Welfare Benefits Administration.

Title: ERISA Procedures 75-1 (Exemption Procedures Under Section

408(a)).

OMB Number: 1210-0060.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 299.

Estimated Time Per Respondent: Application preparation = 25 hours

each = 7,475 hours; Preparation and distribution = 1.5 hours each = 138

hours; Reproduction and Mailing = 5 minutes = 838 hours.

Total Burden Hours: 7,996

Description: This regulation provides a procedures for applications

filed for exemptions from the prohibited transaction provisions of the

Employee Retirement Income Security Act of 1974 (ERISA).

Type of Review: Reinstatement, with change, of a previously

approved collection for which approval has expired.

Agency: Pension Welfare Benefits Administration.

Title: Prohibited Transaction Class Exemption 82-63.

OMB Number: 1210-0062.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 36,490.

Estimated Time Per Repondent: 5 minutes.

Total Burden Hours: 3,041.

Description: This class exemption allows the payment of

compensation under certain conditions for the provision by an employee

benefit plan fiduciary or securities lending services to the plan.

Type of Review: Reinstatement, with change, of a previously

approved collection for which approval has expired.

Agency: Pension Welfare Benefits Administration.

Title: Prohibited Transaction Class Exemption--80-83.

OMB Number: 1210-0064.

Frequency: On occasion.

Affected Public: Business or other for-profit.

Number of Respondents: 1.

Estimated Time Per Respondent: 1 hour.

Total Burden Hours: 1.

Description: This class exemption exempts from the prohibited

transaction provisions of the Employee Retirement Income Security Act

(ERISA), certain transactions involving an employee benefit plan's

purchase of securities which may aid the issuer of the securities to

reduce or retire indebtedness to a party in interest.

Type of Review: Revision.

Agency: Employment and Training Administration.

Title: Interstate Arrangement for Combining Employment and Wages.

OMB Number: 1205-0029

Agency Number: ETA 586.

Affected Public: State, Local or Tribal Government.

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

Average time

Activity Frequency Respondents per respondent

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

Ongoing........... Quarterly......... 53 4 hours.

Reprogramming..... One-time.......... 53 80 hours.

Total burden

hours:

5,088.

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

Description: This report provides data necessary to measure the

scope and effect of the program for combining wages and employment and

to monitor the performance of States in payment and wage transfer.

Type of Review: Revision.

Agency: Employment and Training Administration.

Title: Benefit appeals Report.

OMB Number: 1205-0172.

Agency Number: ETA 5130.

Affected Public: State, Local or Tribal Government

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

Average time

Version Frequency Affected public Respondents per respondent

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

Regular.................. Monthly.................. States................... 53 3 hours.

Extended Benefits........ Six times................ States................... 2 3 hours.

Total burden hours:

1,944.

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

Description: This report is used to monitor the benefit appeals

process, to evaluate compliance with the appeals promptness standard

and to develop plans for remedial action. The report is also needed for

budgeting and for workload figures.

Type of Review: Extension.

Agency: Employment and Training Administration.

Title: Disaster Payment Activities Under the ``Stafford Disaster,

Relief Act''.

OMB Number: 1205-0234.

Agency Number: ETA 90-2.

Frequency: 6 monthly reports.

Affected Public: State, Local or Tribal Government.

Number of Respondents: 50.

Estimated Time Per Respondent: 15 minutes.

Total Burden Hours: 75.

Description: Unemployment, compensation claims, financial

management and data on disaster unemployment assistance (DUA) activity

are needed for timely program evaluation necessary for competent

administration of Section 410 and 423 of the Stafford Disaster Relief

Act (Act). Workload items are also used with fiscal reports to estimate

the cost of administering the Act.

Type of Review: New.

Agency: Employment and Training Administration.

Title: Evaluation of the Impact of Job Corps on Participant's

Postprogram Labor Market and Related Behaviors--Follow-up Questionnaire

and Process Study Protocols.

OMB Number: 1205-0new.

[[Page 34301]]

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

Number of Average time per

Activity Affected public administrations respondent

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

Impact Study:

12-month...... Applicant........ 11,665 45 minutes.

30-month...... Applicant........ 10,345 45 minutes.

48-month...... Applicant........ 9,052 45 minutes.

Process Study:

Process Visit. Various JC Staff. 23 54 hours.

Interviews.... Admission 500 1 hour.

Counselors.

Mail Survey... Center Directors. 108 6.5 hours

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

Total Burden Hours: 25,810.

Description: Data from follow-up questionnaires will be used to

measure impacts of Job Corps on participants' earnings and related

behavior. Data from process protocols will be used to describe the Job

Corps Program. Data from both sources will be used to estimate the

benefits and costs of Job Corps.

Type of Review: New.

Agency: Employment Standards Administration.

Title: Application of Federal Certificate of Age.

OMB Number: 1205-0083.

Agency Number: WG-14.

Frequency: On occasion.

Affected Public: Individuals or households; Business or other for-

profit; Not-for-profit institutions; Farms; State, Local or Tribal

Government.

Number of Respondents: 250.

Estimated Time Per Respondent: 30 seconds.

Total Burden Hours: 44.

Description: Section 3 (1) of the Fair Labor Standards Act provides

that an employer may protect against unwitting employment of oppressive

child labor by obtaining a certificate of age certifying that a youth

meets the Fair Labor Standards Act minimum age requirements. Form WH-14

is an application for a Federal Certification of Age.

Type of Review: New.

Agency: Employment Standards Administration.

Title: Bona Fide Thrift or Savings Plan (29 CFR 547).

OMB Number: 1215-0119.

Agency Number: WG-14.

Frequency: On occasion.

Affected Public: Business or other for-profit; Not-for-profit

institutions; State, Local or Tribal Government.

Number of Respondents: 2,016,000.

Estimated Time Per Respondent: Recordkeeping only.

Total Burden Hours: 1 hour.

Description: Section 7 (e)(3)(b) of the Fair Labor Standards Act

permits the exclusion from an employee's regular rate of pay for

payments on behalf of an employee to a ``bona fide'' thrift or savings

plan. Regulations, 29 CFR 547, set forth the requirements for a bona

fide thrift or savings plan.

Type of Review: New.

Agency: Employment Standards Administration.

Title: Requirements of a Bona Fide profit-Sharing Plan or Trust (29

CFR 549).

OMB Number: 1215-0122.

Frequency: On occasion.

Affected Public: Business or other for-profit; Not-for-profit

institutions; State, Local or Tribal Government.

Number of Respondents: 864,000.

Estimated Time Per Respondent: Recordkeeping only.

Total Burden Hours: 1.

Description: Section 7 (e)(3)(b) of the Fair Labor Standards Act

permits the exclusion from an employee's regular rate of pay for

payments on behalf of an employee to a ``bona fide'' profit-sharing

plan. Regulations, 29 CFR 549, set forth the requirements for a bona

fide profit-sharing plan.

Theresa M. O'Malley,

Acting Departmental Clearance Officer.

[FR Doc. 95-16134 Filed 6-29-95; 8:45 am]

BILLING CODE 4510-26-P

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