Regulations Containing Procedures for Handling of Retaliation Complaints

Forms and Documents

Document Name	Status
TFA Paperwork Update 8.14.19 158pm.doc Justification for No Material/Nonsubstantive Change	2019-08-14
TFA US Code (002).pdf Supplementary Document	2019-08-14
No Material or nonsubstantive request - Screen Shots.docx Justification for No Material/Nonsubstantive Change	2017-05-15
29 CFR Part 1984 (ACA Interim Final Rule).pdf Supplementary Document	2016-04-29
1218-0236 SS - Revised electronic complaint form (10.12.16) clean.docx Supporting Statement A	2017-05-15
FED20160217.pdf Supplementary Document	2016-04-26
FR_Doc_2016-05414.pdf Supplementary Document	2016-03-19
FR, 29 CFR 24.103 (ERA and environmental statutes) 111811.pdf Supplementary Document	2013-05-13
IFR - 29 CFR 1986.103.pdf Supplementary Document	2013-05-13
MAP-21.pdf Supplementary Document	2012-10-02
FED20120727 (STAA Final Rule).pdf Supplementary Document	2012-10-02
FED20120710 (CPSIA Final Rule).pdf Supplementary Document	2012-10-02
29 CFR 1981.103.pdf Supplementary Document	2011-01-11
29 CFR 1979.103.pdf Supplementary Document	2011-01-11
29 CFR 1977.15.pdf Supplementary Document	2011-01-11
Section 402 of P.L. 111-353 (FSMA).pdf Supplementary Document	2011-01-11
46 U.S.C. 2114, as amended by Section 611 of P.L. 111-281 (SPA).pdf Supplementary Document	2011-01-11
Section 1057 of P.L. 111-203 (CFPA).pdf Supplementary Document	2011-01-11
29 CFR 218(c) (ACA).pdf Supplementary Document	2011-01-11
49 U.S.C 60129 (PSIA).pdf Supplementary Document	2011-01-07
49 USC 42121 (AIR21).pdf Supplementary Document	2011-01-07
42 U.S.C. 5851 (ERA).pdf Supplementary Document	2011-01-07
15 U.S.C. 2622 (TSCA).pdf Supplementary Document	2011-01-07
33 U.S.C. 1367 (FWPCA).pdf Supplementary Document	2011-01-07
42 USC 6971(SWDA).pdf Supplementary Document	2011-01-07
42 U.S.C. 300j-(9)(i) (SDWA).pdf Supplementary Document	2011-01-07
42 U.S.C. 9610 (CERCLA).pdf Supplementary Document	2011-01-07
42 U.S.C. 7622 (CAA).pdf Supplementary Document	2011-01-07
18 U.S.C. 1514A (SOX).pdf Supplementary Document	2011-01-07
15 U.S.C. 2087 (CPSIA).pdf Supplementary Document	2011-01-07
6 U.S.C. 1142 (NTSSA).pdf Supplementary Document	2011-01-07
49 U.S.C. 20109 (FRSA).pdf Supplementary Document	2011-01-07
49 U.S.C. 31105 (STAA).pdf Supplementary Document	2011-01-07
46 U.S.C. 80507 (ISCA).pdf Supplementary Document	2011-01-07
15 U.S.C. 2651 (AHERA).pdf Supplementary Document	2011-01-07
29 U.S.C. 660(c).pdf Supplementary Document	2011-01-07

IC Document Collections

IC ID	Document Title	Status
14293	Regulations Containing Procedures for Handling of Retaliation Complaints	Modified

ICR Details

OMB Control No: 1218-0236	ICR Reference No: 201908-1218-002
Status: Active	Previous ICR Reference No: 201705-1218-001
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0236(2019)
Title: Regulations Containing Procedures for Handling of Retaliation Complaints
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/08/2019
	Date Received in OIRA: 09/11/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2020	03/31/2020	03/31/2020
Responses	7,566	0	7,516
Time Burden (Hours)	7,566	0	7,516
Cost Burden (Dollars)	0	0	0

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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.

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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 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
   US Code: 26 USC 7623d Name of Law: Taxpayer First 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
  

Citations for New Statutory Requirements: US Code: 26 USC 7623d Name of Law: Taxpayer First Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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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

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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 8-60.1, OSHA 8-60.1

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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	7,566	7,516	0	50	0	0
Annual Time Burden (Hours)	7,566	7,516	0	50	0	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 a non-substantive change to the currently approved collection of information requirements contained in “Regulations Containing Procedures for Handling of Retaliation Complaints,” to add a recently enacted whistleblower statute to this Information Collection Request (ICR). OSHA anticipates an increase in burden hours due to the recent enactment of Section 1405(b) of the Taxpayer First Act (TFA), P.L. 116-25, “Protection Against Retaliation,” codified at 26 U.S.C. 7623(d), “Civil Action to Protect Against Retaliation Cases.” Since its enactment, OSHA has received four TFA complaints. As the public becomes more aware of the protections under this statute, OSHA estimates that filings will increase. OSHA estimates that 50 employees will take 1 hour to file complaints under this statute annually. OSHA is therefore requesting a program increase of 50 burden hours. As indicated in the currently-approved ICR (ICR Reference No. 201705-1218-001(05/31/17), the Agency estimates that it receives 7,516 retaliation complaints annually. With the addition of the 50 burden hours, for purposes of this non-substantive change, OSHA estimates that employees file 7,566 complaints annually.

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Annual Cost to Federal Government: $304,080

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? Uncollected

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Common Form ICR:  No

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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: 09/11/2019

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