Regulations Containing Procedures for Handling of Retaliation Complaints

Forms and Documents

Document Name	Status
60-day FRN - 0236 (10-28-10).pdf Supplementary Document	2011-01-11
1218-0236 ROCIS (01-11-11).pdf Supporting Statement A	2011-01-11
29 CFR 24.103.pdf Supplementary Document	2011-01-11
Clarifications, 75 FR 71355 to 71357.pdf Supplementary Document	2011-01-11
IFR - 29 CFR 1983.103.pdf Supplementary Document	2011-01-11
IFR - 29 CFR 1982.103.pdf Supplementary Document	2011-01-11
IFR - 29 CFR 1978.103.pdf Supplementary Document	2011-01-11
29 CFR 1981.103.pdf Supplementary Document	2011-01-11
29 CFR 1980.103.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: 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
	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

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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: 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 - 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 - 281 611 Name of Law: Coast Guard Authorization Act of 2010
   PL: Pub.L. 111 - 353 402 Name of Law: FDA Food Safety and Modernization 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: 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

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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:
	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

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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

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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	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.

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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

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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: 01/31/2011

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