Extension of OMB Paperwork Approval Comment Period for Whistleblower Retaliation Complaint Procedures

Content

ACTION:

Request for public comments.

SUMMARY:

OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the
information collection requirements specified in the Regulations Containing Procedures for the Handling of Retaliation Complaints.

DATES:

Comments must be submitted (postmarked, sent, or received) by May 29, 2026.

ADDRESSES:

Electronically: You may submit comments and attachments electronically at https://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments.

Docket: To read or download comments or other material in the docket, go to https://www.regulations.gov. Documents in the docket are listed in the https://www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the websites. All submissions, including copyrighted
material, are available for inspection through the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) for assistance in locating docket submissions.

Instructions: All submissions must include the agency name and OSHA docket number (OSHA-2012-0026) for the Information Collection Request
(ICR). OSHA will place all comments, including any personal information, in the public docket, which may be made available
online. Therefore, OSHA cautions interested parties about submitting personal information such as social security numbers
and birth dates.

For further information on submitting comments, see the “Public Participation” heading in the section of this notice titled

     SUPPLEMENTARY INFORMATION
     .

FOR FURTHER INFORMATION CONTACT:

Belinda Cannon, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (e.g., an employee filing a retaliation complaint) burden, conducts a preclearance consultation program to provide the public with
an opportunity to comment on proposed and continuing collections of information in accord with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden
(time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection
burden is accurate.

The Agency is responsible for investigating alleged violations of “whistleblower” provisions contained in a number of statutes.
These whistleblower provisions generally prohibit retaliation by employers against employees who report alleged violations
of certain laws or regulations. These provisions prohibit an employer from discharging or taking any other retaliatory action
against an employee because the employee engages in any of the protected activities specified in the whistleblower provisions
of the following statutes. These statutes are covered under the following regulations: 29 CFR part 24, Procedures for the
Handling of Retaliation Complaints under the Employee Protection Provisions of Six Environmental Statutes and Section 211
of the Energy Reorganization Act of 1974, (29 CFR part 24 covers the: Safe Drinking Water Act, 42 U.S.C. 300j-9(i); Federal
Water Pollution Control Act, 33 U.S.C. 1367; Toxic Substances Control Act, 15 U.S.C. 2622; Solid Waste Disposal Act, 42 U.S.C.
6971; Clean Air Act, 42 U.S.C. 7622; Energy Reorganization Act of 1974, 42 U.S.C. 5851; and Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. 9610); 29 CFR part 1977, Discrimination Against Employees Exercising Rights under
the Williams-Steiger Occupational Safety and Health Act (29 CFR part 1977 covers the: Occupational Safety and Health Act,
29 U.S.C. 660; Asbestos Hazard Emergency Response Act, 15 U.S.C. 2651; and International Safe Container Act, 46 U.S.C. 80507);
29 CFR part 1978, Procedures for the Handling of Retaliation Complaints under the Employee Protection Provision of the Surface
Transportation Assistance Act; 29 CFR part 1979, Procedures for Handling Discrimination Complaints Under the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century; 29 CFR part 1980, Procedures for Handling of Discrimination Complaints
Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002 (Title VIII of the Sarbanes-Oxley Act of
2002); 29 CFR part 1981, Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety Improvement
Act of 2002; 29 CFR part 1982, Procedures for the Handling of Retaliation Complaints Under the National Transit Systems Security
Act and the Federal Railroad Safety Act; 29 CFR part 1983, Procedures for the Handling of Retaliation Complaints Under Section
219 of the Consumer Product Safety Improvement Act of 2008; 29 CFR part 1984, Procedures for the Handling of Retaliation Complaints
Under Section 1558 of the Affordable Care Act; 29 CFR part 1985, Procedures for Handling Retaliation Complaints Under the
Employee Protection Provision of the Consumer Financial Protection Act of 2010; 29 CFR part 1986, Procedures for the Handling
of Retaliation Complaints Under the Employee Protection Provision of the Seaman's Protection Act (SPA); 29 CFR part 1987,
Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act; 29 CFR part 1988,
Procedures for Handling Retaliation Complaints Under Section 31307 of the Moving Ahead for Progress in the 21st Century Act
(MAP-21); 29 CFR part 1989, Procedures for the Handling of Retaliation Complaints Under the Taxpayer First Act (TFA); 29 CFR
part 1991, Procedures for the Handling of Retaliation Complaints Under the Criminal Antitrust Anti-Retaliation Act (CAARA);
and 29 CFR part 1992, Procedures for the Handling of Retaliation Complaints Under the Anti-Money Laundering Act (AMLA). Collections
of information contained in future regulations promulgated by the Agency with respect to a whistleblower provision of any
other Federal law, except those that are assigned to another DOL agency, will be added to this information collection.

OSHA's whistleblower regulations specify the procedures that an employee must use to file a complaint alleging that their
employer violated a whistleblower provision for which the Agency has investigative responsibility.

  Any employee who believes that such a violation occurred may file a complaint, or have the complaint filed on their behalf.
  Two of these regulations, 29 CFR parts 1979 and 1981, state that complaints must be filed in writing and should include a
  full statement of the acts and omissions, with pertinent dates, that the employee believes constitute the violation. The other
  regulations, 29 CFR parts 24, 1977, 1978, 1980, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1991 and 1992 require no particular
  form for filing complaints. However, it is OSHA's policy to accept complaints in any form (*i.e.,* orally or in writing) under all statutes. This policy helps ensure that employees of all circumstances and education levels
  will have equal access to the complaint filing process.

II. Special Issues for Comment

OSHA has a particular interest in comments on the following issues:

• Whether the proposed information collection requirements are necessary for the proper performance of the agency's functions to protect workers, including whether the information is useful;
• The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used;
• The quality, utility, and clarity of the information collected; and
• Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information, and transmission techniques.

III. Proposed Actions

OSHA is requesting that OMB extend the approval of the information collection requirements contained in the Regulation Containing
Procedures for the Handling of Retaliation Complaints. The agency is seeking an adjustment decrease in burden of 2,396 going
from 17,387 to 14,991 hours.

OSHA will summarize the comments submitted in response to this notice and will include this summary in the request to OMB
to extend the approval of the information collection requirements.

Type of Review: Extension of a currently approved data collection.

Title: Regulations Containing Procedures for the Handling of Retaliation Complaints.

OMB Control Number: 1218-0236

Affected Public: Business or other for-profits; Federal Government; State, Local, or Tribal Government.

Number of Respondents: 14,991.

Number of Responses: 14,991.

Frequency of Responses: On occasion

Average Time per Response: Varies.

Estimated Total Burden Hours: 14,991.

Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions

You may submit comments in response to this document as follows: (1) electronically at https://www.regulations.gov, which is the Federal eRulemaking Portal; or (2) by facsimile (fax), if your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at 202-693-1648. All comments, attachments, and other material must
identify the agency name and the OSHA docket number for the ICR (OSHA-2012-0026). You may supplement electronic submission
by uploading document files electronically.

Comments and submissions are posted without change at https://www.regulations.gov. Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and dates of birth.
Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted material) is not publicly available to read or download from this website. All submissions, including copyrighted
material, are available for inspection and copying at the OSHA Docket Office. Information on using the https://www.regulations.gov website to submit comments and access the docket is available at the website's “User Tips” link. Contact the OSHA Docket Office
at (202) 693-2350, (TTY (877) 889-5627) for information about materials not available from the website, and for assistance
in using the internet to locate docket submissions.

V. Authority and Signature

Amanda Laihow, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation
of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 7-2025 (90 FR 27878).

Signed at Washington, DC, on March 23, 2026. Amanda Laihow, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2026-06032 Filed 3-27-26; 8:45 am] BILLING CODE 4510-26-P

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