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6442 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and RegulationsAccordingly, pursuant to sections 8and 24 of the Occupational Safety andHealth Act of 1970 (29 U.S.C. 657, 673),Secretary of Labor’s Order No. 1–90 (55FR 9033), and 5 U.S.C. 553, 29 CFR part1904 is hereby amended by adding§ 1904.17 as set forth below.Signed in Washington, D.C., this 7th day of1997.Greg Watchman,Acting Assistant Secretary of Labor.PART 1904—[AMENDED]1. The authority citation for Part 1904is revised to read as follows:Authority: Secs. 8, 24, Occupational Safetyand Health Act of 1970 (29 U.S.C. 657, 673),Secretary of Labor’s Order No. 12–71 (36 FR8754), 8–76 (41 FR 25059), 9–83 (48 FR35736), 1–90 (55 FR 9033) or 6–96 (62 FR111), as applicable.Section 1904.7, 1904.8 and 1904.17 arealso issued under 5 U.S.C. 553.2. Section 1904.17 immediatelyfollowing 1904.16 is added to read asfollows:§ 1904.17 Annual OSHA Injury and IllnessSurvey of Ten or More Employers.(a) Each employer shall, upon receiptof OSHA’s Annual Survey Form, reportto OSHA or OSHA’s designee thenumber of workers it employed andnumber of hours worked by itsemployees for periods designated in theSurvey Form and such information asOSHA may request from recordsrequired to be created and maintainedpursuant to 29 CFR part 1904.(b) Survey reports shall be sent toOSHA by mail or other means describedin the Survey Form within 30 calendardays, or the time stated in the SurveyForm, whichever is longer.(c) Employers exempted from keepinginjury and illness records under§§ 1904.15 and 1904.16 shall maintaininjury and illness records required by§§ 1904.2 and 1904.4, and make SurveyReports pursuant to this Section, uponbeing notified in writing by OSHA, inadvance of the year for which injury andillness records will be required, that theemployer has been selected toparticipate in an information collection.(d) Nothing in any State planapproved under Section 18 of the Actshall affect the duties of employers tocomply with this section.(e) Nothing in this section shall affectOSHA’s exercise of its statutoryauthorities to investigate conditionsrelated to occupational safety andhealth.[FR Doc. 97–3495 Filed 2–10–97; 8:45 am]BILLING CODE 4510–26–P

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