OSHA), but update the answer to be consistent with proposed Sec.
1904.41(a)(1) and (2).
    Proposed Sec.  1904.41(b)(1)(ii) would similarly clarify that an
establishment that has 100 or more employees, and is in an industry
included in both appendix A and appendix B, need only make one
submission of the OSHA Form 300A in order to fulfill the requirements
of both proposed Sec.  1904.41(a)(1) and (2). Proposed appendix B is a
subset of appendix A; i.e., all industries included in proposed
appendix B are also included in proposed appendix A, but there are some
industries included in proposed appendix A that are not included in
proposed appendix B.\10\
---------------------------------------------------------------------------

    \10\ The differences between current appendix A and proposed
appendix A are (1) current appendix A has 2012 NAICS industry group
4521 (Department Stores), whereas proposed appendix A has 2017 NAICS
industry groups 4522 (Department Stores) and 4523 (General
Merchandise Stores, including Warehouse Clubs and Supercenters); (2)
current appendix A has 2012 NAICS industry group 4529 (Other General
Merchandise Stores), whereas in proposed appendix A, that industry
group is included in 2017 NAICS industry group 4523 (General
Merchandise Stores, including Warehouse Clubs and Supercenters); (3)
proposed appendix A does not include NAICS 7213, Rooming and
Boarding Houses, which is exempt from the requirement to routinely
keep injury and illness records and was included in current appendix
A in error.
---------------------------------------------------------------------------

    OSHA welcomes public comment on proposed Sec.  1904.41(b)(1)(i) and
(ii), including whether these proposed provisions appropriately clarify
the proposed requirements for employers.
4. Section 1904.41(b)(9)
    Proposed Sec.  1904.41(b)(9) would pose and answer a question
regarding which information would be required to be submitted under
proposed Sec.  1904.41(a). Specifically, proposed Sec.  1904.41(b)(9)
would ask the following question: If I have to submit information under
paragraph (a)(2) of this section, do I have to submit all of the
information from the recordkeeping forms?
    The proposed answer would clarify that OSHA will not require
employers to submit the following case-specific information from the
OSHA Form 300 and Form 301:
     Log of Work-Related Injuries and Illnesses (OSHA Form
300): Employee name (column B).
     Injury and Illness Incident Report (OSHA Form 301):
Employee name (field 1), employee address (field 2), name of physician
or other health care professional (field 6), facility name and address
if treatment was given away from the worksite (field 7).
    Collecting data from these fields would not add to OSHA's ability
to identify establishments with specific hazards or elevated injury and
illness rates. Therefore, OSHA proposes to exclude these fields from
the submittal requirements to minimize any potential release or
unauthorized access to any PII contained in the fields. Because the
data collection will not collect the information from these fields,
there will be no risk of public disclosure of the information from
these fields through the data collection.

    OSHA welcomes public comment on Sec.  1904.41(b)(9), including
whether the specified fields should be excluded from data that would be
collected, and whether other data should be similarly excluded to
protect employee privacy or for other reasons. Any comments suggesting
exclusion of other fields or data from the proposed submission
requirements should also address whether the exclusion of that
particular field or data from collection would hinder OSHA's ability to
use the collection to protect employee safety and health.
5. Section 1904.41(b)(10)
    Proposed Sec.  1904.41(b)(10) would address an issue related to how
establishments identify themselves in their electronic recordkeeping
submissions. As noted above, OSHA's recordkeeping regulation requires
employers to maintain and report their injury and illness data at the
establishment level. An establishment is defined as a single physical
location where business is conducted or where services or industrial
operations are performed (see 29 CFR 1904.46). Part 1904 injury and
illness records must be specific for each individual establishment.
    Under the current requirements at 29 CFR 1904.41, a firm with more
than one establishment must submit establishment-specific 300A data for
each establishment that meets the size and industry reporting criteria.
OSHA's current data submission portal, the Injury Tracking Application
(ITA), contains two text fields used to identify an establishment,
Company Name and Establishment Name. The Establishment Name field is a
mandatory field; the user must make an entry in that field. In
addition, a user submitting information for more than one establishment
must provide a unique Establishment Name for each establishment. In
contrast, the Company Name field is an optional field; the user is not
required to make an entry in that field.
    OSHA's review of five years of data electronically submitted under
part 1904.41 shows that many large firms with multiple establishments
use codes for the Establishment Name field in their submission. A
subset of these firms use codes for the Establishment Name field and do
not provide a company name in the Company Name field. For example, in
the 2020 submissions of 2019 Form 300A data, users submitted data for
more than 18,000 establishments with a code in the Establishment Name
field and no information in the Company Name field.
    Unfortunately, the data are considerably less useful and more
difficult to work with when establishments have a code in the
Establishment Name field and no information in the Company Name field.
For example, it is not possible for a data user to search for data from
that company. In addition, OSHA is unable to determine whether or not a
particular establishment in that company met the reporting
requirements. Further, since OSHA now makes these data publicly
available, the use of codes and the lack of information in the Company
Name field may hamper stakeholders' and researchers' ability to use the
information.
    To date, OSHA has made an effort to identify and assign company
names to these establishments. For example, sometimes OSHA is able to
use the EIN or the user's email address to identify the company
associated with the establishment. However, OSHA is not always able to
identify the company. In addition, the effort requires substantial
review for verification.
    To address this problem, OSHA proposes to require employers who use
codes for the Establishment Name to include a legal name in the Company
Name field. This requirement would be spelled out in question-and-
answer format in proposed Sec.  1904.41(b)(10). The proposed provision
would provide: My company uses numbers or codes to identify our
establishments. May I use numbers or codes as the establishment name in
my submission? Yes, you may use numbers or codes as the establishment
name. However, the submission must include the legal company name,
either as part of the establishment name or separately as the company
name.
    OSHA welcomes public comment on the proposed requirement to submit
the company name, including any comments on the utility of such a
requirement and how the company name should be included in an
establishment's submission.
6. Section 1904.41(c) Reporting Dates
    Proposed Sec.  1904.41(c) would simplify the regulatory language in
current Sec.  1904.41(c)(1)-(2) concerning the dates by which
establishments must make their annual submissions. Current Sec.
1904.41(c)(1) included information for establishments on what to submit
to OSHA during the phase-in period of the 2016 final rule and the
deadline for submission. That information is no longer relevant and,
thus, OSHA proposes to remove it to streamline the section.
    The substantive information already contained in current Sec.
1904.41(c)(1) would then be consolidated into proposed Sec.
1904.41(c). Like current Sec.  1904.41(c)(1), proposed Sec.  1904.41(c)
would require all covered establishments to make their electronic
submissions by March 2 of the year after the calendar year covered by
the form(s). Proposed Sec.  1904.41(c) would also provide an updated
example of that requirement, i.e., it explains that the forms covering
calendar year 2021 would be due by March 2, 2022.
    OSHA welcomes public comment on these proposed revisions to Sec.
1904.41(c).

B. Questions

    OSHA welcomes comments and data from the public regarding any
aspect of the proposed amendments to Sec.  1904.41 Electronic
Submission of Employer Identification Number (EIN) and Injury and
Illness Records to OSHA. OSHA is particularly interested in any
comments on these specific questions:
    1. Is Total Case Rate (TCR) the most appropriate incidence rate to
use for proposed appendix B to subpart E, or would the Days Away
Restricted or Transferred (DART) rate be more appropriate?
    2. Is 100 or more employees the appropriate size criterion for the
proposed requirement to electronically submit data from the OSHA Form
300, 301, and 300A? Would a different size criterion be more
appropriate?
    3. Is it appropriate for OSHA to remove the requirement for
establishments with 250 or more employees, in industries not included
in appendix A, to submit the information from their OSHA Form 300A?
    4. Are there electronic interface features that would help users
electronically submit part 1904 data, particularly for case data from
the OSHA Form 300 and Form 301 and for establishments that submit using
batch files? For example, would it be helpful for OSHA to provide a
forms package or software application that exports the required files
into a submission-ready format?
    5. What features could OSHA provide to help establishments
determine which submission requirements apply to their establishment?
    6. What additional guidance could OSHA add to the instructions for
electronic submission to remind employers not to include information
that reasonably identifies individuals directly in the information they
submit from the text-based fields on the OSHA Form 300 or Form 301?
    7. What other agencies and organizations use automated de-

identification systems to remove information that reasonably identifies
individuals directly from text data before making the data available to
the general public? What levels of sensitivity for the automated system
for the identification and removal of information that reasonably
identifies individuals directly from text data do these agencies use?
    8. What other open-source and/or proprietary software is available
to remove information that reasonably identifies individuals directly
from text data?
    9. What methods or systems exist to identify and remove information
that reasonably identifies individuals directly from text data before
the data are submitted?
    10. What criteria should OSHA use to determine whether the
sensitivity of automated systems to identify and remove information
that reasonably identifies individuals directly is sufficient for OSHA
to make the data available to the general public?
    11. What processes could OSHA establish to remove inadvertently-
published information that reasonably identifies individuals directly
as soon as OSHA became aware of the information that reasonably
identifies individuals directly?
    12. OSHA is proposing not to collect employee names under proposed
Sec.  1904.41(a)(2) and (b)(9), consistent with worker privacy concerns
expressed in public comments during previous rulemakings. However, BLS
uses the ``employee name'' field on the Form 300 and Form 301 in their
data collection for the SOII. Beginning in 2021, a data-sharing feature
has allowed some establishments that are required to submit Form 300A
information to both OSHA and BLS, under the current regulation, to use
their data submission to the OSHA ITA in their submission to the BLS
SOII. BLS anticipates an inability to use this data-sharing feature for
establishments required to submit under proposed Sec.  1904.41(a)(2),
unless OSHA requires these establishments to submit the ``employee
name'' field on the Form 300 and 301. Without the data-sharing feature,
establishments that submit data to OSHA under proposed Sec.
1904.41(a)(2), and that also submit data to the BLS SOII, would not be
able to use their OSHA data submission of case-specific data to prefill
their BLS SOII submission. What would be the advantages and
disadvantages, in terms of employer burden and worker privacy concerns
or otherwise, of requiring all establishments subject to proposed Sec.
1904.41(a)(2) to submit employee names, to support this data-sharing
feature for Form 300 and 301 submissions? (Please note that OSHA would
not intend to publish employee names.)
    13. NAICS codes are reviewed and revised every five years to keep
the classification system current with changes in economic activities.
The 2022 NAICS became effective on January 1, 2022. Going forward, OSHA
intends to use the 2022 NAICS in the ITA for establishments that are
newly creating accounts. However, for establishments that already have
accounts in the ITA, the version of NAICS used is the 2012 NAICS. BLS
anticipates that establishments that already have accounts in the ITA,
are also subject to the SOII, and have 2022 NAICS codes that are
different from their 2012 NAICS codes, would be unable to use the data-
sharing feature (also discussed in question 13) to prefill their BLS
SOII submission with data already submitted through the OSHA ITA,
unless these establishments updated their accounts to revise their
industry classification from the 2012 NAICS to the 2022 NAICS. What are
the advantages and disadvantages of requiring establishments that
already have accounts in the ITA to update their accounts to the 2022
NAICS? How much time would an establishment require to determine
whether their 2022 NAICS is different from their 2012 NAICS? How much
time would an establishment require to edit their NAICS code in the ITA
to reflect any changes?
    14. In addition to the automated methods for coding text-based data
discussed above, what additional automated methods exist to code text-
based data?
    15. What are some ways that employers could use the collected data
to improve the safety and health of their workplaces?
    16. What are some ways that employees could use the collected data
to improve the safety and health of their workplaces?
    17. What are some ways that federal and state agencies could use
the collected data to improve workplace safety and health?
    18. What are some ways that researchers could use the collected
data to improve workplace safety and health?
    19. What are some ways that workplace safety consultants could use
the collected data to improve workplace safety and health?
    20. What are some ways that members of the public and other
stakeholders, such as job-seekers, could use the collected data to
improve workplace safety and health?
    21. Are there potential negative consequences to the collection of
this data that OSHA has not considered here?
    22. The proposed regulatory text is structured as follows: Sec.
1904.41(a)(1) Annual electronic submission of information from OSHA
Form 300A Summary of Work-Related Injuries and Illnesses by
establishments with 20 or more employees in designated industries;
Sec.  1904.41(a)(2) Annual electronic submission of information from
OSHA Form 300 Log of Work-Related Injuries and Illnesses, OSHA Form 301
Injury and Illness Incident Report, and OSHA Form 300A Summary of Work-
Related Injuries and Illnesses by establishments with 100 or more
employees in designated industries. This is the structure used by the
2016 and 2019 rulemakings. An alternative structure would be as
follows: Sec.  1904.41(a)(1) Annual electronic submission of
information from OSHA Form 300A Summary of Work-Related Injuries and
Illnesses by establishments with 20 or more employees in designated
industries; Sec.  1904.41(a)(2) Annual electronic submission of
information from OSHA Form 300 Log of Work-Related Injuries and
Illnesses and OSHA Form 301 Injury and Illness Incident Report by
establishments with 100 or more employees in designated industries.
Which structure would result in better understanding of the
requirements by employers?

IV. Preliminary Economic Analysis and Regulatory Flexibility
Certification

A. Introduction

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of the intended regulation and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, and public health and
safety effects; distributive impacts; and equity). Executive Order
13563 emphasized the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This rule is not an economically significant regulatory action under
section 3(f) of Executive Order 12866 and has been reviewed by the
Office of Information and Regulatory Affairs in the Office of
Management and Budget, as required by executive order.
    OSHA estimates that this rule will have economic costs of $4.3
million per year, including $3.9 million per year to the private
sector, with average costs of $81 per year for affected establishments

with 100 or more employees, annualized over 10 years with a discount
rate of seven percent. The agency believes that the annual benefits,
while unquantified, significantly exceed the annual costs.
    The proposed rule is not an economically significant regulatory
action under Executive Order 12866 or the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1532(a)), and it is not a ``major rule'' under the
Congressional Review Act (5 U.S.C. 801 et seq.). The agency estimates
that the rulemaking imposes far less than $100 million in annual
economic costs. In addition, it does not meet any of the other criteria
specified by UMRA or the Congressional Review Act for an economically
significant regulatory action or major rule. This Preliminary Economic
Analysis (PEA) addresses the costs, benefits, and economic impacts of
the proposed rule.
    OSHA is proposing to amend its recordkeeping regulations to revise
the requirements for the electronic submission of information from part
1904 injury and illness recordkeeping forms (Sec.  1904.41--Electronic
submission of injury and illness records to OSHA).
    First, OSHA will require all establishments that have 20 or more
employees and are in certain designated industries to electronically
submit information from the OSHA Form 300A Annual Summary to OSHA or
OSHA's designee once a year (proposed Sec.  1904.41(a)(1) Annual
electronic submission of information from OSHA Form 300A Summary of
Work-Related Injuries and Illnesses by establishments with 20 or more
employees in designated industries).
    The current requirement (Sec.  1904.41(a)(2) Annual electronic
submission of OSHA Form 300A Summary of Work-Related Injuries and
Illnesses by establishments with 20 or more employees but fewer than
250 employees in designated industries.) applies only to establishments
with fewer than 250 employees in industries designated by appendix A to
subpart E of part 1904. However, establishments with 250 or more
employees in these industries are also currently required to submit
this information under current Sec.  1904.41(a)(1) Annual electronic
submission of OSHA Form 300A Summary of Work-Related Injuries and
Illnesses by establishments with 250 or more employees. Note that OSHA
is proposing to revise appendix A to update the list of industries from
the 2012 to the 2017 NAICS.
    Second, OSHA will require all establishments that have 100 or more
employees and are in certain designated industries to electronically
submit information from the OSHA Forms 300, 301, and 300A to OSHA or
OSHA's designee (proposed Sec.  1904.41(a)(2) Annual electronic
submission of information from OSHA Form 300 Log of Work-Related
Injuries and Illnesses, OSHA Form 301 Injury and Illness Incident
Report, and OSHA Form 300A Summary of Work-Related Injuries and
Illnesses by establishments with 100 or more employees in designated
industries). The industries are designated by proposed appendix B to
subpart E of part 1904.
    As discussed above, the current Sec.  1904.41(a)(1) Annual
electronic submission of OSHA Form 300A Summary of Work-Related
Injuries and Illnesses by establishments with 250 or more employees
requires submission of the Form 300A from all establishments that have
250 or more employees and that are in industries routinely required to
keep part 1904 records. Under the proposed revisions, establishments
that have 250 or more employees would only have to routinely make
electronic submissions of part 1904 information if they are in an
industry in appendix A to subpart E (proposed Sec.  1904.41(a)(1)) or
in appendix B to subpart E (proposed Sec.  1904.41(a)(2)), which is a
subset of appendix A. The proposed rule will remove the requirement for
routine electronic submission of Form 300A information from
establishments with 250 or more employees in all other industries
(i.e., industries that are not included in appendix A or proposed
appendix B).
    Under proposed Sec.  1904.41(b)(9), OSHA will not collect the
following case-specific information from the Form 300 and Form 301
submitted by establishments with 100 or more employees in designated
industries under proposed Sec.  1904.41(a)(2):
    (i) Log of Work-Related Injuries and Illnesses (OSHA Form 300):
Employee name (column B).
    (ii) Injury and Illness Incident Report (OSHA Form 301): Employee
name (field 1), employee address (field 2), name of physician or other
health care professional (field 6), facility name and address if
treatment was given away from the worksite (field 7).
    The OSHA Form 300A does not have any case-specific information.
    In addition, under proposed Sec.  1904.41(b)(10), OSHA will require
establishments that are required to electronically report information
from their injury and illness records to OSHA under part 1904, to
include their company name as part of the submission.
    Finally, OSHA proposes language in proposed Sec.  1904.41(b)(1)(i)
and (ii) to further clarify the requirements spelled out in proposed
Sec.  1904.41(a)(1) and (2) and current Sec.  1904.41(a)(3), and, in
proposed Sec.  1904.41(c), OSHA proposes updates to the reporting
deadlines.

B. Costs

1. Section 1904.41(a)(1) Annual Electronic Submission of Information
From OSHA Form 300A Summary of Work-Related Injuries and Illnesses by
Establishments With 20 or More Employees in Designated Industries
    Currently, two groups of establishments are required to submit
information from the Form 300A annual summary, under two separate
requirements: Sec.  1904.41(a)(1) For all establishments with 250 or
more employees in all industries where establishments must routinely
keep part 1904 injury and illness records, and Sec.  1904.41(a)(2) for
establishments with 20 or more employees in the industries designated
in appendix A to subpart E.
    In contrast, under the proposed revisions, only establishments with
20 or more employees in the industries designated in appendix A to
subpart E would be required to submit information from the Form 300A
annual summary. (As noted above, although proposed Sec.  1904.41(a)(2)
also requires employers in the industries designated in appendix B to
submit information from their Form 300A annual summary, those
industries are a subset of the industries listed in appendix A, so no
new submission would be required (see proposed Sec.  1904.41(b)(1)).
Thus, the net effect of this section is to reduce the number of
establishments that are required to submit information from the Form
300A annual summary. This section calculates the cost savings resulting
from the reduction in number of establishments that are required to
submit information from the Form 300A annual summary.
    For this part of the proposed rule, OSHA obtained the estimated
cost of electronic hour (in dollars) of the person expected to perform
the task of electronic submission by multiplying the estimated total
compensation per hour (in dollars) of the person expected to perform
the task of electronic submission by the time required for the
electronic data submission. OSHA estimated occupation-specific wage
rates from BLS 2020 Occupational Employment and Wage Statistics data
(BLS, May 2020), reporting a mean hourly wage of $37.55 for
Occupational Health and Safety Specialists (19-5011 in the 2018
Standard Occupational

Classification System (SOC); formerly 29-9011 in the 2010 SOC
System).\11\ Note that this is the same occupational classification
that OSHA used in the Final Economic Analysis (FEA) in the 2016 final
rule, based on public comments, as well as in the 2018 notice of
proposed rulemaking and 2019 final rule.
---------------------------------------------------------------------------

    \11\ OMB issued revised SOC codes in 2017, changing SOC 29-9011
to SOC 19-5011. The 2010 SOC to the 2018 SOC crosswalk can be
downloaded here (accessed July 2021): https://www.bls.gov/soc/2018/crosswalks_used_by_agencies.htm.
---------------------------------------------------------------------------

    Next, OSHA used June 2021 data from the BLS National Compensation
Survey, reporting a mean fringe benefit factor of 1.45 for civilian
workers in general.\12\ OSHA then multiplied the mean hourly wage
($37.55) by the mean fringe benefit factor (1.45) to obtain an
estimated total compensation (wages and benefits) for Occupational
Health and Safety Specialists of $54.58 per hour ([$37.55 per hour] x
1.45). OSHA next applied a 17% overhead rate to the base wage ([$37.55
per hour] x [0.17]), totaling $6.38.\13\ The $6.38 was added to the
total compensation ($54.58) yielding a fully loaded wage rate of $60.96
[$54.58 + $6.38].\14\
---------------------------------------------------------------------------

    \12\ Fringe benefit factor calculated as [1/(1-0.312)], where
0.312 is the percent of the average total benefits of civilian
workers in all industries, as reported on Table 2 of the BLS's ECEC
report, June 2021: https://www.bls.gov/news.release/ecec.t02.htm.
    \13\ 17 percent is OSHA's standard estimate for the overhead
cost incurred by the average employer.
    \14\ See docket exhibit OSHA-2021-006-0002 for a spreadsheet
with the full calculations.

  Table X.Y--Loaded Wage Used in Analysis, Including Overhead Cost \1\
------------------------------------------------------------------------
                                           Occupational     Loaded wage
         Occupation description                code            rate
------------------------------------------------------------------------
Occupational Health and Safety               \2\ 19-5011          $60.96
 Specialists............................
------------------------------------------------------------------------
\1\ Source: OSHA, based on BLS (May 2020) and BLS (June 17, 2021).
\2\ OMB issued revised SOC codes in 2017, changing SOC 29-9011 to SOC 19-
  5011. The 2010 SOC to the 2018 SOC crosswalk can be downloaded here
  (accessed July 2021): https://www.bls.gov/soc/2018/crosswalks_used_by_agencies.htm.

    For time required for the data submission, OSHA used the time
estimate of 10 minutes per establishment for the OSHA Form 300A from
the current information collection for Recordkeeping and Reporting
Occupational Injuries and Illnesses (29 CFR part 1904) (OMB Control
Number 1218-0176). OSHA then multiplied this time by the total
compensation of $60.96 per hour to obtain an estimated submission cost
per establishment of $10.16 [($60.96/hour) x (1 hour/60 minutes) x (10
minutes)].
    Then OSHA multiplied this submission cost per establishment by the
estimated number of establishments that would no longer be required to
submit data, to obtain the total estimated cost savings of this part of
the proposed rule. In the 2020 data collection, there were 2,665
establishments with 250 or more employees, in an industry not in
appendix A, which submitted information from the 2019 OSHA Form 300A to
OSHA.
    Thus, OSHA estimates the total annual cost savings of this part of
the proposed rule as $27,077 [(2,665 establishments no longer required
to electronically submit Form 300A information) x ($10.16 per
establishment for electronic submission of Form 300A information per
year)].
    OSHA welcomes public comment on this estimate.
2. Section 1904.41(a)(2)--Annual Electronic Submission of Information
From OSHA Form 300 Log of Work-Related Injuries and Illnesses, OSHA
Form 301 Injury and Illness Incident Report, and OSHA Form 300A Summary
of Work-Related Injuries and Illnesses by Establishments With 100 or
More Employees in Designated Industries
    This proposed section would require establishments that have 100 or
more employees and that are in the industries included in proposed
appendix B to submit the information from the OSHA Form 300 Log, OSHA
Form 301 incident report, and OSHA Form 300A annual summary. Note that
all of the establishments affected by this requirement are already
currently required to submit the information from their OSHA Form 300A.
Consequently, this section calculates only the additional costs for
these establishments of submitting the information from the OSHA Form
300 and 301.
    Based in part on OSHA's previous experience, the agency estimates
that establishments will first need to take 10 minutes, on average, to
familiarize themselves with changes to the existing recordkeeping
requirements within this proposed rule.\15\ Thus, the agency calculates
a one-time cost for familiarization of $497,033 [(48,919
establishments) times (ten minutes/establishment) times (1 hour/60
minutes) times ($60.96/hour)]. Annualizing this rate over 10 years with
a seven percent discount rate produces an annual cost of $70,782 to the
private sector.
---------------------------------------------------------------------------

    \15\ For example, OSHA added an estimate of 10 minutes of
familiarization time to its 2016 Recordkeeping regulation (81 FR
29680), in response to public comments.
---------------------------------------------------------------------------

    In the 2020 data collection of 2019 OSHA Form 300A data,
establishments with 100 or more employees, in appendix B industries,
reported 718,316 cases to OSHA. For time required for data submission
of the OSHA Form 300 and 301, OSHA estimates 10 minutes per case, based
on the current Information Collection Request (ICR). Note that this may
overestimate costs, because while OSHA's estimates reflect manual entry
of the data for each case, in the agency's experience, roughly half of
the covered establishments submit data to the ITA by uploading a batch
file. In general, OSHA expects companies with many establishments/many
cases to have computer systems that can export their part 1904 injury
and illness recordkeeping data into an easily-uploaded file format.
OSHA seeks comment on this point.
    OSHA estimates that half of the establishments submitting reports
(24,460) will submit 359,193 cases total (half of the overall total
number of 718,386 cases) via batch file--one batch file per
establishment.\16\ This yields an estimated cost of $248,517 [(24,460
establishments) times (10 minutes/establishment) times (1 hour/60
minutes) times ($60.96/hour)]. The average cost per establishment would
be $10.16 per establishment.
---------------------------------------------------------------------------

    \16\ Review of the 2019 Form 300A data submitted through the ITA
in 2020 shows that 44% of establishments with 100 or more employees
in proposed appendix B submitted their data by uploading a batch
file. OSHA expects that this percentage would increase to 50% or
more for two reasons. First, the increase in the amount of data
required from these establishments would make the batch-file upload
a more efficient method of submission for more establishments.
Second, OSHA plans to make it easier for users to submit a batch
file by providing a set of forms that allow users to create the
export file for batch-file submission.

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

    OSHA estimates that the other half of the establishments (24,460)
will manually submit each case individually. The mean number of cases
per establishment is 14.7 (718,386 total cases divided by 48,919 total
establishments). For manual submission, OSHA estimates a time of 10
minutes per case, or 147 minutes per establishment for the mean number
of cases. This produces a total cost for manual submission of
$3,649,520 [(48,919 establishments) times (10 minutes/case) times (14.7
cases) times (1 hour/60 minutes) times ($60.96/hour)], or $149 per
establishment [(14.7 cases) times (1 hour/60 minutes) times ($60.96/
hour)].
    Summing the estimated batch-file ($248,517) and manual submission
($3,649,520) costs results in an estimated total cost of $3,898,037 to
submit the 718,316 records. Combined with the annualized cost of
$70,782 per year for familiarization estimated above (at seven
percent), the estimated total annual private-sector cost of this part
of the proposed rule is $3,968,819. To obtain the estimated average
cost of submission per establishment of $81.13, OSHA divided the total
estimated cost of submission ($3,968,819) by the estimated number of
establishments that would be required to submit data (48,919
establishments).
    For reference, as explained above, 48,919 establishments with 100
or more employees, in proposed appendix B, submitted CY 2019 Form 300A
information about 718,386 cases to OSHA in 2020. The mean number of
cases per establishment is 14.7, and the median number of cases per
establishment is seven. However, some establishments will have no
recordable injuries in a given year, and their time burden will be zero
minutes. In contrast, establishments with many recordable injuries and
illnesses could have a time burden of multiple hours if they enter the
data manually. OSHA preliminarily believes that the establishments that
submit a single batch file are more likely to be among the
establishments with many cases, while the establishments that submit
cases manually are more likely to be among the establishments with only
a few cases. Thus, OSHA's estimate of half of establishments submitting
half of cases manually may result in an overestimate of the total and
per-establishment costs of this part of the proposed rule.
    OSHA welcomes public comment on these estimates, including on time
necessary to prepare and submit a batch file and on establishments'
considerations for deciding to submit via batch file versus manual
submission.
3. Section 1904.41(b)(10)
    This proposed section would require establishments to provide their
company name as part of their submission, either included in the
establishment name or separately as the company. For this part of the
proposed rule, based on submissions of information from the 2019 Form
300A to the ITA in 2020, OSHA estimates that 18,182 establishments do
not include the company name. The time necessary to include the company
name is included in the PEA estimate of 10 minutes per submission per
establishment. OSHA has also preliminarily determined that this
requirement will result in a small, unquantified benefit/cost-savings
for the government, due to no longer needing to spend time trying to
assign company names to establishments with coded names.
    OSHA welcomes public comment on these preliminary
determinations.\17\
---------------------------------------------------------------------------

    \17\ OSHA does not anticipate that the proposed revisions to
Sec.  1904.41(b)(1)(i), (b)(1)(ii), or (c) would have any
substantial costs associated with them.
---------------------------------------------------------------------------

4. Budget Costs to the Government for the Creation of the Reporting
System, Helpdesk Assistance, and Administration of the Electronic
Submission Program
    In this preliminary economic analysis, OSHA is including an
estimate of the costs of the proposed new requirement, because these
costs represent a significant fraction of the total costs of the new
requirement. OSHA received estimates for the costs from the US
Department of Labor Office of the Chief Information Officer (DOL OCIO).
    Based on the DOL OCIO estimates shown in the table below, OSHA is
estimating that modification of the reporting system hardware and
software infrastructure to accept submissions of Form 300 and 301 data
will have an initial one-time cost of $1.2 million.

   Table V-1--Estimates of the Cost of Software Design and Development
------------------------------------------------------------------------
                                            Lower cost      Upper cost
                                               range           range
------------------------------------------------------------------------
Development.............................     $516,417.00     $866,250.00
Cyber/ATO...............................      150,000.00      200,000.00
Cloud...................................       20,000.00       20,000.00
Migration...............................      100,000.00      150,000.00
                                         -------------------------------
  Total.................................      786,417.00    1,236,250.00
------------------------------------------------------------------------

    Annualized over 10 years at a seven percent discount rate, $1.2
million is $170,853 per year, or $140,677 annualized over 10 years at
three percent. OSHA also estimates $201,128 as the annual cost of
additional transactions ($0.28 per case times 718,316 cases). Finally,
OSHA estimates that annual help desk support costs will increase by
$25,000. This estimate is based on the annual help desk support costs
under the current provisions.
5. Total Costs of the Rule
    As shown in the table below, the total costs of the proposed rule
would be an estimated $4.3 million per year.
---------------------------------------------------------------------------

    \18\ See docket exhibit OSHA-2021-006-0002 for the full
calculations.

            Table V-2--Total Costs of the Proposed Rule \18\
------------------------------------------------------------------------
                                                          One-time costs
              Cost element                 Annual costs         \1\
------------------------------------------------------------------------
Annual electronic submission of OSHA           ($27,077)
 Form 300A annual summary by
 establishments with 20 or more
 employees in designated industries.....
Annual electronic submission of OSHA           3,968,819
 Form 300 Log and OSHA Form 301 Incident
 Report by establishments with 100 or
 more employees in designated industries
    Submission cost.....................       3,898,037
    Cost of rule familiarization........      \2\ 70,782        $497,033
Total Private Sector Costs..............       3,941,741
Total Government Costs..................         397,001

    Processing of annual submission of           201,148
     cases..............................
    Increased help desk support.........          25,000
    Software design/development.........     \3\ 170,853       1,200,000
                                         -------------------------------
        Total...........................   \4\ 4,338,742       1,697,033
------------------------------------------------------------------------
\1\ The annualized one-time costs appear in the Annual Costs column. The
  one-time costs are not additional costs.
\2\ If annualized over 10 years at 7%. $58,313 if annualized at 3%.
\3\ If annualized over 10 years at 7%. $140,677 if annualized at 3%.
\4\ Includes the one-time costs for rule familiarization and software
  design and development, annualized over 10 years at 7%.

    OSHA welcomes public comment on this analysis.

C. Benefits

    The main purpose of the proposed rule is to prevent worker injuries
and illnesses through the collection and use of timely, establishment-
specific and case-specific injury and illness data. With the
information obtained through this proposed rule, employers, employees,
employee representatives, the government, and researchers will be
better able to identify and mitigate workplace hazards and thereby
prevent worker injuries and illnesses.
    The proposed rule would support OSHA's statutory directive to
``assure so far as possible every working man and woman in the Nation
safe and healthful working conditions and to preserve our human
resources'' (29 U.S.C. 651(b)) ``by providing for appropriate reporting
procedures with respect to occupational safety and health which
procedures will help achieve the objectives of this Act and accurately
describe the nature of the occupational safety and health problem'' (29
U.S.C. 651(b)(12)).
    The importance of the proposed rule in preventing worker injuries
and illnesses can be understood in the context of workplace safety and
health in the United States today. The number of workers injured or
made ill on the job remains unacceptably high. According to the SOII,
each year employees experience 2.7 million recordable non-fatal
injuries and illnesses at work,\19\ and this number is widely
recognized to be an undercount of the actual number of occupational
injuries and illnesses that occur annually.\20\ As described above, the
proposed rule would increase the agency's ability to focus resources on
those workplaces where workers are at greatest risk. However, even with
improved targeting, OSHA Compliance Safety and Health Officers can
inspect only a small proportion of the nation's workplaces each year,
and it would take many decades to inspect each covered workplace in the
nation even once. As a result, to reduce worker injuries and illnesses,
it is of great importance for OSHA to leverage its resources for
workplace safety at the many thousands of establishments in which
workers are being injured or made ill but which OSHA does not have the
resources to inspect.
---------------------------------------------------------------------------

    \19\ See ``EMPLOYER-REPORTED WORKPLACE INJURIES AND ILLNESSES--
2020'', news release from the Bureau of Labor Statistics/U.S.
Department of Labor, 10:00 a.m. (ET) Wednesday, November 3, 2021.
    \20\ See e.g., Leigh JP, Du J, McCurdy SA. An estimate of the
U.S. government's undercount of nonfatal occupational injuries and
illnesses in agriculture. Ann Epidemiol. 2014 Apr;24(4):254-9. doi:
10.1016/j.annepidem.2014.01.006. Epub 2014 Jan 22. PMID: 24507952;
PMCID: PMC6597012; Spieler EA, Wagner GR. Counting matters:
Implications of undercounting in the BLS survey of occupational
injuries and illnesses. Am J Ind Med. 2014 Oct;57(10):1077-84. doi:
10.1002/ajim.22382. PMID: 25223513.
---------------------------------------------------------------------------

    The proposed requirement would help OSHA encourage employers to
prevent worker injuries and illnesses by greatly expanding OSHA's
access to the establishment-specific, case-specific information
employers are already required to record under part 1904. The proposed
provisions requiring regular electronic submission of case-specific
injury and illness data would allow OSHA to obtain a much larger data
set of more timely, establishment-specific information about injuries
and illnesses in the workplace. This information would help OSHA use
its enforcement and compliance assistance resources more effectively by
enabling OSHA to identify the workplaces where workers are at greatest
risk. For example, OSHA could send hazard-specific educational
materials to employers who reported cases related to those hazards. In
addition, as discussed above, OSHA would be able to use the information
to identify emerging hazards, support an agency response, and reach out
to employers whose workplaces might include those hazards.
    The proposed collection would provide establishment-specific, case-
specific injury and illness data for analyses that are not currently
possible. For example, OSHA could analyze the case-specific data
collected under this system to answer the following questions:
    1. Within a given industry, what are the characteristics of
recorded injuries or illnesses related to specific hazards (for
example, fall from ladder or heat)?
    2. Within a given industry, what are the relationships between an
establishment's hazard-specific/case-specific injury and illness data
and data from other agencies or departments, such as the Wage and Hour
Division, the Environmental Protection Agency, or the Equal Employment
Opportunities Commission?
    3. What are the changes in hazard-specific injuries or illnesses in
a particular industry over time?
    Furthermore, access to establishment-specific, case-specific injury
and illness data will enable OSHA to improve its evaluations of the
effectiveness of its enforcement and compliance assistance activities.
Having these data will enable OSHA to conduct rigorous evaluations of
different types of programs, initiatives, and interventions in
different industries and geographic areas, enabling the agency to
become more effective and efficient. For example, OSHA would be able to
compare the incidence and characteristics of heat-related illnesses
before and after promulgation of a regulation on heat injury and
illness prevention in outdoor and indoor work settings, thereby
allowing the agency to evaluate the implementation and effectiveness of
the regulation.
    OSHA's collection and publication of establishment-specific, case-
specific injury and illness data would also encourage employers with
100 or more employees to prevent injuries and illnesses among their
employees, because
     Employers would prefer to support their reputations as
good places to work at or do business with;
     Employers in a given high-hazard industry would be able to
compare their

workplace's experience with a particular hazard with the experiences at
other workplaces, allowing them to set hazard-abatement goals
benchmarked to comparable establishments in their industry.
     Employees in establishments with 100 or more employees
would be able to access the case-specific injury and illness
information without having to request the information from their
employers; this, in turn, would allow the employees in these
establishments to better identify hazards within their own workplace
and to take actions to have the hazards abated.
     Prospective employees would have access to data about
specific hazards of particular concern, such as lead or trench
collapses, allowing them to make a more informed decision about a
future place of employment; this, in turn, would encourage employers to
abate these hazards because potential employees, especially the ones
whose skills are most in demand, might be reluctant to work at
establishments that did not abate these hazards.
     Potential investors and the public would also have access
to information about an establishment's experience with specific
hazards, allowing them to preferentially invest in or patronize
businesses that have successfully abated the hazards common in a given
industry; this, in turn, would encourage employers to abate the hazards
in order to attract investors and/or customers.
    Finally, disclosure of and access to establishment-specific, case-
specific injury and illness data have the potential to improve research
on the distribution and determinants of workplace hazards, and
therefore to prevent workplace injuries and illnesses from occurring by
abating those hazards. Using data collected under the proposed rule,
researchers might identify previously unrecognized patterns of injuries
and illnesses across establishments where workers are exposed to
similar hazards. Such research would be especially useful in
identifying hazards that result in a small number of injuries or
illnesses in each establishment but a large number overall, due to a
wide distribution of those hazards in a particular area, industry, or
establishment type. Data made available under this proposed rule could
also allow researchers to identify patterns of hazard-specific injuries
or illnesses that are masked by the aggregation of injury/illness data
in the SOII.
    The availability of case-specific, establishment-specific injury
and illness data would also be of great use to county, state and
territorial health departments and other public institutions charged
with injury and illness surveillance. In particular, aggregation of
case-specific, establishment-specific injury and illness reports and
rates from similar establishments would facilitate identification of
newly-emerging hazards that would not easily be identified without
linkage to specific industries or occupations. There are currently no
comparable data sets available, and these public health surveillance
programs must primarily rely on reporting of cases seen by medical
practitioners, any one of whom would rarely see enough cases to
identify an occupational etiology.
    Workplace safety and health professionals might use data published
under this proposed rule to identify establishments whose injury/
illness records suggest that the establishments would benefit from
their services to abate particular hazards or sets of hazards. In
general, online access to this large database of establishment-
specific, case-specific injury and illness information would support
the development of innovative ideas for improving workplace safety and
health, and would better the ability of everyone with a stake in
workplace safety and health to participate in improving occupational
safety and health.
    Furthermore, because the data would be publicly available,
industries, trade associations, unions, and other groups representing
employers and workers would be able to evaluate the effectiveness of
privately-initiated hazard-abatement initiatives that affect groups of
establishments. In addition, linking these data with data residing in
other administrative data sets would enable researchers to conduct
rigorous studies that will increase our understanding of injury/illness
causation, prevention, and consequences.
    Public access to these data would enable developers of software
applications to develop tools that facilitate use of these data by
employers, workers, researchers, consumers and others. Examples of this
in other areas include apps for finding and comparing nursing homes,
creating thematic maps of data from the American Community Survey, and
obtaining real-time information on stream levels or bus/subway
arrivals.
    The database resulting from this proposed rule would enable the
collection and publication of case-specific, establishment-specific
data without having to work under the restrictions imposed by the
Confidential Information Protection and Statistical Efficiency Act
(CIPSEA) to protect information acquired for statistical purposes under
a pledge of confidentiality. It would also provide data on injuries and
illnesses that are not currently available from any source, including
the BLS SOII. Specifically, under this collection, there would be case-
specific data for injuries and illnesses that do not involve days away
from work. The BLS case and demographic data is limited to cases
involving days away from work or cases involving job transfer or
restricted work activity.

D. Economic Feasibility

    OSHA preliminarily concludes that the proposed rule will be
economically feasible. For establishments with 100 or more employees in
the industries designated in proposed appendix B, the average
additional cost of submitting information from the OSHA Form 300 and
301 will be $81 per year. These costs will not affect the economic
viability of these establishments.

E. Alternatives

    1. Appendix A (industries where establishments with 20 or more
employees are required to submit information from the OSHA Form 300A)
is based on 2011-2013 injury rates from the SOII. OSHA could update
appendix A to reflect the 2017-2019 injury rates from the SOII. This
would result in the addition of one industry (NAICS 4831 (Deep sea,
coastal, and great lakes water transportation)) and the removal of 13
industries, as follows:

 4421 Furniture Stores
 4452 Specialty Food Stores
 4853 Taxi and Limousine Service
 4855 Charter Bus Industry
 5152 Cable and Other Subscription Programming
 5311 Lessors of Real Estate
 5321 Automotive Equipment Rental and Leasing
 5323 General Rental Centers
 6242 Community Food and Housing, and Emergency and Other
Relief Services
 7132 Gambling Industries
 7212 RV (Recreational Vehicle) Parks and Recreational Camps
 7223 Special Food Services
 8113 Commercial and Industrial Machinery and Equipment (except
Automotive and Electronic) Repair and Maintenance.

    OSHA is proposing not to modify appendix A because it took several
years for the regulated community to understand which industries were
and were not required to submit information. Misunderstandings result

in both underreporting and overreporting. OSHA preliminarily believes
that changing the requirements now would result in confusion for the
regulated community. However, OSHA welcomes public comment on this
alternative.
    2. OSHA could regularly update the list of designated industries in
proposed appendix B (industries where establishments with 100 or more
employees must submit information from the Form 300 and 301 as well as
the 300A)--for example, every 6 years, to align with the PRA approval
periods. In the 2016 final rule, OSHA agreed with the commenters who
stated that the list of designated industries [appendix A, in this
case] should not be updated each year. OSHA believed that moving
industries in and out of the appendix each year would be confusing.
OSHA also believed that keeping the same industries in the appendix
each year would increase the stability of the system and reduce
uncertainty for employers. Accordingly, OSHA did not, as part of that
rulemaking, include a requirement to annually or periodically adjust
the list of designated industries to reflect more recent BLS injury and
illness data. OSHA committed that any such revision to the list of
industries in the future would require additional notice and comment
rulemaking. However, OSHA again welcomes public comment on this
alternative for this rulemaking.

F. Regulatory Flexibility Certification

    The part of the proposed rule requiring submission of Form 300 and
301 information from establishments with 100 or more employees in
designated industries will affect some small entities, according to the
definition of small entity used by the Small Business Administration
(SBA). In some sectors, such as construction, where SBA's definition
only allows relatively smaller firms, there are unlikely to be many
firms with 100 or more employees that meet SBA small-business
definitions. In other sectors, such as manufacturing, many SBA-defined
small businesses will be subject to this rule. Thus, this part of the
proposed rule will affect a small percentage of all small entities.
    However, because some small firms will be affected, especially in
manufacturing, OSHA has examined the impacts on small businesses of the
costs of this rule. OSHA's procedures for assessing the significance of
proposed rules on small businesses suggest that if costs are greater
than 1 percent of revenues or 5 percent of profits for the average
firm, then OSHA conducts an additional assessment. To meet this level
of significance at an estimated annual average cost of $81.13 per
affected establishment per year, annual revenues for an establishment
with 100 or more employees would have to be less than $8,113, and
annual profits would have to be less than $1,623. According to the 2017
Economic Census,\21\ there are no impacted industries that have
revenues less than $8,113. Furthermore, based on the 2013 Corporation
Source Book,\22\ there are no impacted industries earning less than
$1,623.
---------------------------------------------------------------------------

    \21\ The revenue numbers used to determine cost-to-revenue
ratios were obtained from the 2017 Economic Census. This is the most
current information available from this source, which OSHA considers
to be the best available source of revenue data for U.S. businesses.
OSHA adjusted these figures to 2019 dollars using the Bureau of
Economic Analysis's GDP deflator, which is OSHA's standard source
for inflation and deflation analysis.
    \22\ The profit screening test for feasibility (i.e., the cost-
to-profit ratio) was calculated as ETS costs divided by profits.
Profits were calculated as profit rates multiplied by revenues. The
before-tax profit rates that OSHA used were estimated using
corporate balance sheet data from the 2013 Corporation Source Book
(Internal Revenue Service, 2013). The IRS discontinued the
publication of these data after 2013, and therefore the most current
years available are 2000-2013. The most recent version of the Source
Book represents the best available evidence for these data on profit
rates.
---------------------------------------------------------------------------

    As a result of these considerations, per section 605 of the
Regulatory Flexibility Act, OSHA certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities. Thus, OSHA has not prepared an initial regulatory
flexibility analysis. OSHA is interested in comments on this
certification.

V. OMB Review Under the Paperwork Reduction Act of 1995

A. Overview

    OSHA is proposing to amend its occupational injury and illness
recordkeeping regulation, 29 CFR 1904.41, which contains information
collections that are subject to review by OMB under the Paperwork
Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., and OMB
regulations at 5 CFR part 1320. The agency is not revising the existing
ICR, 1218-0176, but rather requesting a new number for provisions being
added or modified. The PRA defines ``collection of information'' to
mean ``the obtaining, causing to be obtained, soliciting, or requiring
the disclosure to third parties or the public, of facts or opinions by
or for an agency, regardless of form or format.'' 44 U.S.C. 3502(3)(A).
Under the PRA, a Federal agency cannot conduct or sponsor a collection
of information unless OMB approves it and the agency displays a
currently valid OMB control number. 44 U.S.C. 3507. Also,
notwithstanding any other provision of law, no employer shall be
subject to penalty for failing to comply with a collection of
information if the collection of information does not display a
currently valid OMB control number. 44 U.S.C. 3512.

B. Solicitation of Comments

    OSHA prepared and submitted an ICR to OMB proposing to revise
certain information collection requirements currently contained in the
paperwork package in accordance with 44 U.S.C. 3507(d). The agency
solicits comments on the revision to the information collection
requirements and the reduction in estimated burden hours associated
with these requirements, including comments on the following items:
     Whether the collection of information are necessary for
the proper performance of the agency's functions, including whether the
information is useful;
     The accuracy of OSHA's estimate of the burden (time and
cost) of the collection of information, including the validity of the
methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the compliance burden on employers, for
example, by using automated or other technological techniques for
collecting and transmitting information.

C. Proposed Information Collection Requirements

    As required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2), the
following paragraphs provide information about this ICR.
    1. Title: Improve Tracking Workplace Injury and Illness.
    2. Description of the ICR: This proposed rule would revise the
currently approved Recordkeeping and Reporting Occupational Injuries
and Illnesses Information Collection and change the existing
information collection requirements currently approved by OMB.
    3. Brief Summary of the Information Collection Requirements. Under
``Information Requirements on Recordkeeping and Reporting Occupational
Injuries and Illnesses,'' OMB Control Number 1218-0176, OSHA currently
has OMB approval to conduct an information collection that requires
employers to maintain information on work-related fatalities, injuries,
and illnesses, and to report this

information to OSHA. The proposed rule would make three changes to
Sec.  1904.41.
    First, OSHA will no longer require electronic submission of Form
300A information from establishments with 250 or more employees in
industries that are routinely required to keep part 1904 injury and
illness records but are not in appendix A.
    Second, OSHA will newly require all establishments that have 100 or
more employees and are in certain designated industries to
electronically submit information from the OSHA Form 300 and 301 to
OSHA or OSHA's designee. This is in addition to the current requirement
for these establishments to electronically submit information from the
OSHA Form 300A. Each establishment subject to this provision will
require time to familiarize themselves with the reporting website.
    Third, OSHA will require establishments that are required to
electronically report information from their injury and illness records
to OSHA under part 1904, to include their company name as part of the
submission. No additional paperwork burden is associated with the
provision.
    In addition, Docket exhibit OSHA-2021-006-0004 shows an example of
an expanded interface to collect case-specific data. Screen shots of
this interface can also be viewed on OSHA's website at http://www.osha.gov/recordkeeping/proposed_data_form.html. OSHA invites public
comment on these user interfaces, including suggestions on any
interface features that would minimize the burden of reporting the
required data.
    4. OMB Control Number: 1218-0NEW.
    5. Affected Public: Business or other for-profit.
    6. Number of Respondents: 48,919.
    7. Frequency of Responses: Annually.
    8. Number of Responses: 429,876.
    9. Average Time per Response: Time per response varies.
    10. Estimated total burden hours: 71,646.
    11. Estimated costs (capital-operation and maintenance): $0.

D. Submitting Comments

    Members of the public may comment on the paperwork requirements in
this proposed regulation by sending their comments to the Office of
Information and Regulatory Affairs, Attn: OMB Desk Officer for the
Department of Labor, OSHA Regulation Identifier Number (RIN) (1218-
AD40), by email: [email protected]. Please limit the comments
to only the proposed changed provisions of the recordkeeping rule
(i.e., proposed Sec.  1904.41).
    OSHA encourages commenters also to submit their comments on these
paperwork requirements to the rulemaking docket (OSHA-2021-0006), along
with their comments on other parts of the proposed regulation. For
instructions on submitting these comments to the docket, see the
sections of this Federal Register document titled DATES and ADDRESSES.
Comments submitted in response to this document are public records;
therefore, OSHA cautions commenters about submitting personal
information, such as Social Security numbers and dates of birth.

E. Docket and Inquiries

    To access the docket to read or download comments and other
materials related to this paperwork determination, including the
complete Information Collection Request (ICR), use the procedures
described under the section of this document titled ADDRESSES. You may
obtain an electronic copy of the complete ICR by going to the website
at https://www.reginfo.gov/public/do/PRAMain, then select ``Department
of Labor'' under ``Currently Under Review'', then click on ``submit''.
This will show all of the Department's ICRs currently under review,
including the ICRs submitted for proposed rulemakings. To make
inquiries, or to request other information, contact Ms. Seleda
Perryman, Directorate of Standards and Guidance, Occupational Safety
and Health Administration, U.S. Department of Labor; telephone (202)
693-4131; email [email protected].

VI. Unfunded Mandates

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1501 et seq.), as well as Executive Order 13132 (64 FR 43255 (Aug. 4,
1999)), this proposed rule does not include any Federal mandate that
may result in increased expenditures by state, local, and tribal
governments, or increased expenditures by the private sector of more
than $100 million.

VII. Federalism

    OSHA reviewed this proposed rule in accordance with Executive Order
13132 (64 FR 43255 (Aug. 4, 1999)), regarding federalism. Because this
rulemaking involves a ``regulation'' issued under sections 8 and 24 of
the OSH Act (29 U.S.C. 657, 673), and not an ``occupational safety and
health standard'' issued under section 6 of the OSH Act (29 U.S.C.
655), the rule will not preempt state law (see 29 U.S.C. 667(a)). The
effect of the proposed rule on states is discussed in section VIII.
State Plans.

VIII. State Plans

    For the purposes of section 18 of the OSH Act (29 U.S.C. 667) and
the requirements of 29 CFR 1904.37, 1902.3(j), 1902.7, and 1956.10(i),
within 6 months after publication of the final OSHA rule, State Plans
must promulgate occupational injury and illness recording and reporting
requirements that are substantially identical to those in 29 CFR part
1904 ``Recording and Reporting Occupational Injuries and Illnesses.''
State Plans must have the same requirements as Federal OSHA for
determining which injuries and illnesses are recordable and how they
are recorded (29 CFR 1904.37(b)(1)). All other part 1904 injury and
illness recording and reporting requirements (for example, industry
exemptions, reporting of fatalities and hospitalizations, record
retention, or employee involvement) that are promulgated by State Plans
may be more stringent than, or supplemental to, the Federal
requirements, but, because of the unique nature of the national
recordkeeping program, states must consult with OSHA and obtain
approval of such additional or more stringent reporting and recording
requirements to ensure that they will not interfere with uniform
reporting objectives (29 CFR 1904.37(b)(2)).
    There are 28 State Plans. The states and territories that cover
private sector employers are Alaska, Arizona, California, Hawaii,
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New
Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee,
Utah, Vermont, Virginia, Washington, and Wyoming. Connecticut,
Illinois, Maine, New Jersey, New York, and the Virgin Islands have
OSHA-approved State Plans that apply to state and local government
employees only.

IX. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this proposed rule in accordance with Executive Order
13175 (65 FR 67249) and determined that it would not have ``tribal
implications'' as defined in that order. The proposed rule would not
have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes.

X. Public Participation

    Because this rulemaking involves a regulation rather than a
standard, it is governed by the notice and comment requirements in the
Administrative Procedure Act (APA) (5 U.S.C. 553) rather than section 6
of the OSH Act (29 U.S.C. 655) and 29 CFR part 1911 (both of which only
apply to ``promulgating, modifying or revoking occupational safety or
health standards'' (29 CFR 1911.1)). Therefore, the OSH Act requirement
to hold an informal public hearing (29 U.S.C. 655(b)(3)) on a proposed
rule, when requested, does not apply to this rulemaking.
    Section 553(b)(1) of the APA requires the agency to issue a
``statement of the time, place, and nature of public rulemaking
proceedings'' (5 U.S.C. 553(b)(1)). The APA does not specify a minimum
period for submitting comments.
    OSHA invites comment on all aspects of the proposed rule. OSHA
specifically encourages comment on the questions raised in the issues
and questions subsection. Interested persons must submit comments by
May 31, 2022. The agency will carefully review and evaluate all
comments, information, and data, as well as all other information in
the rulemaking record, to determine how to proceed. When submitting
comments, persons must follow the procedures specified above in the
sections titled DATES and ADDRESSES.

Authority and Signature

    This document was prepared under the direction of Douglas L.
Parker, Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210. It is issued under sections 8 and 24 of the
Occupational Safety and Health Act (29 U.S.C. 657, 673), section 553 of
the Administrative Procedure Act (5 U.S.C. 553), and Secretary of
Labor's Order No. 08-2020 (85 FR 58393, Sept. 18, 2020).

List of Subjects in 29 CFR Part 1904

    Health statistics, Occupational safety and health, Reporting and
recordkeeping requirements.

    Signed at Washington, DC, on March 23, 2022.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated in the preamble, OSHA proposes to amend part
1904 of chapter XVII of title 29 as follows:

PART 1904--[AMENDED]

Subpart E--Reporting Fatality, Injury and Illness Information to
the Government

0
1. Revise the authority citation for part 1904, subpart E, to read as
follows:

    Authority: 29 U.S.C. 657, 673, 5 U.S.C. 553, and Secretary of
Labor's Order No. 08-2020 (85 FR 58393, Sept. 18, 2020) or 1-2012
(77 FR 3912, Jan. 25, 2012), as applicable.

0
2. Amend Sec.  1904.41 as follows:
0
a. Revise paragraphs (a)(1) and (2) and (b)(1);
0
b. Add paragraphs (b)(9) and (10); and
0
c. Revise paragraph (c).
    The revisions and additions read as follows:

Sec.  1904.41   Electronic submission of Employer Identification Number
(EIN) and injury and illness records to OSHA.

* * * * *
    (a) * * *
    (1) Annual electronic submission of information from OSHA Form 300A
Summary of Work-Related Injuries and Illnesses by establishments with
20 or more employees in designated industries. If your establishment
had 20 or more employees at any time during the previous calendar year,
and your establishment is classified in an industry listed in appendix
A to subpart E of this part, then you must electronically submit
information from OSHA Form 300A Summary of Work-Related Injuries and
Illnesses to OSHA or OSHA's designee. You must submit the information
once a year, no later than the date listed in paragraph (c) of this
section of the year after the calendar year covered by the form.
    (2) Annual electronic submission of information from OSHA Form 300
Log of Work-Related Injuries and Illnesses, OSHA Form 301 Injury and
Illness Incident Report, and OSHA Form 300A Summary of Work-Related
Injuries and Illnesses by establishments with 100 or more employees in
designated industries. If your establishment had 100 or more employees
at any time during the previous calendar year, and your establishment
is classified in an industry listed in appendix B to subpart E of this
part, then you must electronically submit information from OSHA Forms
300, 301, and 300A to OSHA or OSHA's designee. You must submit the
information once a year, no later than the date listed in paragraph (c)
of this section of the year after the calendar year covered by the
forms.
* * * * *
    (b) * * *
    (1) Annual electronic submission of information from part 1904
injury and illness recordkeeping forms to OSHA--(i) Does every employer
have to routinely make an annual electronic submission of information
from part 1904 injury and illness recordkeeping forms to OSHA? No, only
two categories of employers must routinely submit this information. The
first category is establishments that had 20 or more employees at any
time during the previous calendar year, and are classified in an
industry listed in appendix A to this subpart; establishments in this
category must submit the required information from Form 300A to OSHA
once a year. The second category is establishments that had 100 or more
employees at any time during the previous calendar year, and are
classified in an industry listed in appendix B to this subpart;
establishments in this category must submit the required information
from Forms 300, 301, and 300A to OSHA once a year. Employers in these
two categories must submit the required information by the date listed
in paragraph (c) of this section of the year after the calendar year
covered by the form (for example, 2022 for the 2021 form(s)). If your
establishment is not in either of these two categories, then you must
submit the information to OSHA only if OSHA notifies you to do so for
an individual data collection.
    (ii) My establishment had 100 or more employees last year and is in
an industry that is listed in both appendix A and appendix B. Do I have
to submit the information from the Form 300A twice? No, you only have
to submit the information from the Form 300A once.
* * * * *
    (9) If I have to submit information under paragraph (a)(2) of this
section, do I have to submit all of the information from the
recordkeeping forms? No, you are required to submit all of the
information from the forms except the following:
    (i) Log of Work-Related Injuries and Illnesses (OSHA Form 300):
Employee name (column B).
    (ii) Injury and Illness Incident Report (OSHA Form 301): Employee
name (field 1), employee address (field 2), name of physician or other
health care professional (field 6), facility name and address if
treatment was given away from the worksite (field 7).
    (10) My company uses numbers or codes to identify our
establishments. May I use numbers or codes as the establishment name in
my submission? Yes, you may use numbers or codes as the establishment
name. However, the submission must include the company name, either as
part of the establishment

name or separately as the company name.
    (c) Reporting dates. Establishments that are required to submit
under paragraph (a)(1) or (2) of this section must submit all of the
required information by March 2 of the year after the calendar year
covered by the form(s) (for example, by March 2, 2022, for the forms
covering 2021).
0
3. Revise appendix A to subpart E to read as follows:

Appendix A to Subpart E of Part 1904--Designated Industries for Sec.
1904.41(a)(1) Annual Electronic Submission of Information From OSHA
Form 300A Summary of Work-Related Injuries and Illnesses by
Establishments With 20 or More Employees in Designated Industries

------------------------------------------------------------------------
            NAICS                              Industry
------------------------------------------------------------------------
11..........................  Agriculture, forestry, fishing and
                               hunting.
22..........................  Utilities.
23..........................  Construction.
31-33.......................  Manufacturing.
42..........................  Wholesale trade.
4413........................  Automotive Parts, Accessories, and Tire
                               Stores.
4421........................  Furniture Stores.
4422........................  Home Furnishings Stores.
4441........................  Building Material and Supplies Dealers.
4442........................  Lawn and Garden Equipment and Supplies
                               Stores.
4451........................  Grocery Stores.
4452........................  Specialty Food Stores.
4522........................  Department Stores.
4523........................  General Merchandise Stores, including
                               Warehouse Clubs and Supercenters.
4533........................  Used Merchandise Stores.
4542........................  Vending Machine Operators.
4543........................  Direct Selling Establishments.
4811........................  Scheduled Air Transportation.
4841........................  General Freight Trucking.
4842........................  Specialized Freight Trucking.
4851........................  Urban Transit Systems.
4852........................  Interurban and Rural Bus Transportation.
4853........................  Taxi and Limousine Service.
4854........................  School and Employee Bus Transportation.
4855........................  Charter Bus Industry.
4859........................  Other Transit and Ground Passenger
                               Transportation.
4871........................  Scenic and Sightseeing Transportation,
                               Land.
4881........................  Support Activities for Air Transportation.
4882........................  Support Activities for Rail
                               Transportation.
4883........................  Support Activities for Water
                               Transportation.
4884........................  Support Activities for Road
                               Transportation.
4889........................  Other Support Activities for
                               Transportation.
4911........................  Postal Service.
4921........................  Couriers and Express Delivery Services.
4922........................  Local Messengers and Local Delivery.
4931........................  Warehousing and Storage.
5152........................  Cable and Other Subscription Programming.
5311........................  Lessors of Real Estate.
5321........................  Automotive Equipment Rental and Leasing.
5322........................  Consumer Goods Rental.
5323........................  General Rental Centers.
5617........................  Services to Buildings and Dwellings.
5621........................  Waste Collection.
5622........................  Waste Treatment and Disposal.
5629........................  Remediation and Other Waste Management
                               Services.
6219........................  Other Ambulatory Health Care Services.
6221........................  General Medical and Surgical Hospitals.
6222........................  Psychiatric and Substance Abuse Hospitals.
6223........................  Specialty (except Psychiatric and
                               Substance Abuse) Hospitals.
6231........................  Nursing Care Facilities (Skilled Nursing
                               Facilities).
6232........................  Residential Intellectual and Developmental
                               Disability, Mental Health, and Substance
                               Abuse Facilities.
6233........................  Continuing Care Retirement Communities and
                               Assisted Living Facilities for the
                               Elderly.
6239........................  Other Residential Care Facilities.
6242........................  Community Food and Housing, and Emergency
                               and Other Relief Services.
6243........................  Vocational Rehabilitation Services.
7111........................  Performing Arts Companies.
7112........................  Spectator Sports.
7121........................  Museums, Historical Sites, and Similar
                               Institutions.
7131........................  Amusement Parks and Arcades.
7132........................  Gambling Industries.
7211........................  Traveler Accommodation.
7212........................  RV (Recreational Vehicle) Parks and
                               Recreational Camps.
7223........................  Special Food Services.
8113........................  Commercial and Industrial Machinery and
                               Equipment (except Automotive and
                               Electronic) Repair and Maintenance.

8123........................  Drycleaning and Laundry Services.
------------------------------------------------------------------------

0
4. Add appendix B to subpart E to read as follows:

Appendix B to Subpart E of Part 1904--Designated Industries for Sec.
1904.41(a)(2) Annual Electronic Submission of Information From OSHA
Form 300 Log of Work-Related Injuries and Illnesses, OSHA Form 301
Injury and Illness Incident Report, and OSHA Form 300A Summary of Work-
Related Injuries and Illnesses by Establishments With 100 or More
Employees in Designated Industries

------------------------------------------------------------------------
            NAICS                              Industry
------------------------------------------------------------------------
1111........................  Oilseed and grain farming.
1112........................  Vegetable and melon farming.
1113........................  Fruit and tree nut farming.
1114........................  Greenhouse, nursery, and floriculture
                               production.
1119........................  Other crop farming.
1121........................  Cattle ranching and farming.
1122........................  Hog and pig farming.
1123........................  Poultry and egg production.
1129........................  Other animal production.
1141........................  Fishing.
1151........................  Support activities for crop production.
1152........................  Support activities for animal production.
1153........................  Support activities for forestry.
2213........................  Water, sewage and other systems.
2381........................  Foundation, structure, and building
                               exterior contractors.
3111........................  Animal food manufacturing.
3113........................  Sugar and confectionery product
                               manufacturing.
3114........................  Fruit and vegetable preserving and
                               specialty food manufacturing.
3115........................  Dairy product manufacturing.
3116........................  Animal slaughtering and processing.
3117........................  Seafood product preparation and packaging.
3118........................  Bakeries and tortilla manufacturing.
3119........................  Other food manufacturing.
3121........................  Beverage manufacturing.
3161........................  Leather and hide tanning and finishing.
3162........................  Footwear manufacturing.
3211........................  Sawmills and wood preservation.
3212........................  Veneer, plywood, and engineered wood
                               product manufacturing.
3219........................  Other wood product manufacturing.
3261........................  Plastics product manufacturing.
3262........................  Rubber product manufacturing.
3271........................  Clay product and refractory manufacturing.
3272........................  Glass and glass product manufacturing.
3273........................  Cement and concrete product manufacturing.
3279........................  Other nonmetallic mineral product
                               manufacturing.
3312........................  Steel product manufacturing from purchased
                               steel.
3314........................  Nonferrous metal production and
                               processing.
3315........................  Foundries.
3321........................  Forging and stamping.
3323........................  Architectural and structural metals
                               manufacturing.
3324........................  Boiler, tank, and shipping container
                               manufacturing.
3325........................  Hardware manufacturing.
3326........................  Spring and wire product manufacturing.
3327........................  Machine shops; turned product; and screw,
                               nut, and bolt manufacturing.
3328........................  Coating, engraving, heat treating, and
                               allied activities.
3331........................  Agriculture, construction, and mining
                               machinery manufacturing.
3335........................  Metalworking machinery manufacturing.
3361........................  Motor vehicle manufacturing.
3362........................  Motor vehicle body and trailer
                               manufacturing.
3363........................  Motor vehicle parts manufacturing.
3366........................  Ship and boat building.
3371........................  Household and institutional furniture and
                               kitchen cabinet manufacturing.
3372........................  Office furniture manufacturing.
4231........................  Motor vehicle and motor vehicle parts and
                               supplies merchant wholesalers.
4233........................  Lumber and other construction materials
                               merchant wholesalers.

4235........................  Metal and mineral merchant wholesalers.
4244........................  Grocery and related product merchant
                               wholesalers.
4248........................  Beer, wine, and distilled alcoholic
                               beverage merchant wholesalers.
4413........................  Automotive parts, accessories, and tire
                               stores.
4422........................  Home furnishings stores.
4441........................  Building material and supplies dealers.
4442........................  Lawn and garden equipment and supplies
                               stores.
4451........................  Grocery stores.
4522........................  Department stores.
4523........................  General merchandise stores, including
                               warehouse clubs and supercenters.
4533........................  Used merchandise stores.
4543........................  Direct selling establishments.
4811........................  Scheduled air transportation.
4841........................  General freight trucking.
4842........................  Specialized freight trucking.
4851........................  Urban transit systems.
4852........................  Interurban and rural bus transportation.
4854........................  School and employee bus transportation.
4859........................  Other transit and ground passenger
                               transportation.
4871........................  Scenic and sightseeing transportation,
                               land.
4881........................  Support activities for air transportation.
4883........................  Support activities for water
                               transportation.
4911........................  Postal Service.
4921........................  Couriers and express delivery services.
4931........................  Warehousing and storage.
5322........................  Consumer goods rental.
5621........................  Waste collection.
5622........................  Waste treatment and disposal.
6219........................  Other ambulatory health care services.
6221........................  General medical and surgical hospitals.
6222........................  Psychiatric and substance abuse hospitals.
6223........................  Specialty hospitals.
6231........................  Nursing care facilities.
6232........................  Residential intellectual and developmental
                               disability, mental health, and substance
                               abuse facilities.
6233........................  Continuing care retirement communities and
                               assisted living facilities for the
                               elderly.
6239........................  Other residential care facilities.
6243........................  Vocational rehabilitation services.
7111........................  Performing arts companies.
7112........................  Spectator sports.
7131........................  Amusement parks and arcades.
7211........................  Traveler accommodation.
7212........................  RV parks and recreational camps.
7223........................  Special food services.
------------------------------------------------------------------------

[FR Doc. 2022-06546 Filed 3-28-22; 8:45 am]
BILLING CODE 4510-26-P