Ss_1218-0215(08-10-06)

SUPPORTING STATEMENT FOR

THE INFORMATION COLLECTION REQUIREMENTS OF

THE STANDARDS ON PERSONAL PROTECTIVE EQUIPMENT (PPE)

FOR SHIPYARD EMPLOYMENT (29 CFR PART 1915, SUBPART I)¹

OFFICE OF MANAGEMENT AND BUDGET (OMB) CONTROL NO. 1218-0215

(July 2006)

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The main purpose of the Occupational Safety and Health Act (OSH Act) is 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). To achieve this objective, the OSH Act specifically authorizes “the development and promulgation of occupational safety and health standards” (29 U.S.C 651).

With regard to recordkeeping, the OSH Act specifies that “[e]ach employer shall make, keep and preserve, and make available to the Secretary . . . such records . . . as the Secretary . . . may prescribe by regulation as necessary or appropriate for the enforcement of this Act . . .” (29 U.S.C. 657). The OSH Act states further that “[t]he Secretary . . . shall prescribe such rules and regulations as [he/she] may deem necessary to carry out [his/her] responsibilities under this Act, including rules and regulations dealing with the inspection of an employer’s establishment” (29 U.S.C. 657).

Under the authority granted by the OSH Act, the Occupational Safety and Health Administration (OSHA) published at 29 CFR part 1915, subpart I, standards on Personal Protective Equipment (PPE) for Shipyard Employment. Subpart I requires employers to provide and ensure that each affected employee uses the appropriate personal protective equipment (PPE) for the eyes, face, head, extremities, torso, and respiratory system, including protective clothing, protective shields, protective barriers, life-saving equipment, personal fall arrest systems, and positioning device systems that meets the applicable provisions of this subpart, whenever employees are exposed to hazards that require the use of PPE. Items 2 and 12 below describe in detail the specific information collection requirements of subpart I.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

Subpart I specifies several paperwork requirements, which are described below. These collections of information are needed to determine, during an OSHA inspection by a compliance safety and health officer, if employers are in compliance with subpart I. Less frequent information collections will seriously hinder the Agency’s ability to ensure that employees are protected as required by subpart I.

(A) Hazard Assessment and Verification (§1915.152(b)). Section 1915.152(b) requires the employer to assess work activities to determine whether there are hazards present, or likely to be present, which necessitate the employee’s use of PPE. If such hazards are present, or likely to be present, the employer must: (1) select the type of PPE that will protect the affected employee from the hazards identified in the occupational hazard assessment; (2) communicate selection decisions to affected employees; (3) select PPE that properly fits each affected employee; and (4) verify that the required occupational hazard assessment has been performed. The verification must contain the following information: occupation or trade assessed, the date(s) of the hazard assessment, and the name of the person performing the hazard assessment.

(B) Training and Verification (§1915.152(e)). Section 1910.152(e) requires that employers provide training for each employee who is required to wear PPE (§1915.152(e)(1)).² Paragraph (e)(3) requires that employers also provide retraining when there are certain changes in workplace conditions or there is reason to believe that any previously trained employee does not have the understanding or skill to use PPE properly. Circumstances where such retraining is required include changes in the workplace that render prior training obsolete, certain changes in the types of PPE used, and inadequacies in the employee’s knowledge or use of PPE that indicate the employee had not retained the requisite understanding or skill.

Paragraph (e)(4) requires that the employer verify that each affected employee has received the required PPE training. The verification must contain the following information: name of each employee trained, the date(s) of training, and the type of training the employee received.

The standards on PPE protection for the eyes and face (§1915.153), head (§1915.155), feet (§1915.156), hands and body (§1915.157), lifesaving equipment (§1915.158), personal fall arrest systems (§1915.159), and positioning device systems (§1915.160) do not contain any separate information collection requirements.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

Employers may use automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology (e.g., electronic submission of responses), when establishing and maintaining the required records. The Agency wrote the subpart I paperwork requirements in performance-oriented language, i.e., in terms of what data to collect, not how to record the data.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

The requirements to collect and maintain information are specific to each employer and employee involved, and no other source or agency duplicates these requirements or can make the required information available to OSHA (i.e., the required information is available only from employers).

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83‑I), describe any methods used to minimize burden.

The information collection requirements in subpart I do not have a significant impact on a substantial number of small entities.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The Agency believes that the information collection frequencies required by subpart I are the minimum frequencies necessary to effectively monitor the use of PPE by shipyard employers and, thereby, fulfill its mandate “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” as specified by the OSH Act (29 U.S.C. 651).

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

· Requiring respondents to report information to the agency more often than quarterly;

· Requiring respondents to prepare a written response to a collection of information in fewer than 30

days after receipt of it;

· Requiring respondents to submit more than an original and two copies of any document;

· Requiring respondents to retain records, other than health, medical, government contract, grant-in-

aid, or tax records for more than three years;

· In connection with a statistical survey, that is not designed to produce valid and reliable results that

can be generalized to the universe of study;

· Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

· That includes a pledge of confidentiality that is not supported by authority established in statute or

regulation, that is not supported by disclosure and data security policies that are consistent with the

pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential

use; or

· Requiring respondents to submit proprietary trade secret, or other confidential information unless the

agency can demonstrate that it has instituted procedures to protect the information's confidentiality to

the extent permitted by law.

No special circumstances exist that require employers to collect information in the manner or using the procedures specified by this item. The information collection requirements are consistent with the guidelines set forth in 5 CFR 1320.5.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years, even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA published a notice in the Federal Register on May 24, 2006 (71 FR 29987, Docket No. ICR-1218-0215(2006)) requesting public comment on its proposal to extend the Office of Management and Budget’s approval of the information collection requirements specified by the Standards on Personal Protective Equipment (PPE) for Shipyard Employment (29 CFR part 1915, subpart I). This notice was part of a preclearance consultation program that provided the general public and government agencies with an opportunity to comment. The Agency received no comments in response to its notice.

9. Explain any decision to provide any payments or gift to respondents, other than reenumeration of contractors or grantees.

The Agency will not provide payments or gifts to the respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

No elements of confidentiality are involved.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the Agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

None of the provisions in subpart I require the collection of sensitive information.

12. Provide estimates of the hour burden of the collection of information. The statement should:

· Show the number of respondents, frequency of response, annual hour burden, and an explanation of

how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys

to obtain information on which to base hour burden estimates. Consultation with a sample (fewer

than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary

widely because of differences in activity, size, or complexity, show the range of estimated hour

burdens, and explain the reasons for the variance. General estimates should not include burden hours

for customary and usual business practices.

· If this request for approval covers more than one form, provide separate hour burdens estimates for

each form and aggregate the hour burden in Item 13 of OMB Form 83-1.

· Provide estimates of annualized cost to respondents for the hour burdens for collections of

information, identifying and using appropriate wage rate categories. The cost of contracting out or

paying outside parties for information collection activities should not be included here. Instead, this

cost should be included in Item 14.

Burden-Hour and Cost Determinations

OSHA is revising the number of establishments estimated in its previous ICR from 665 to 639 establishments in the shipyard industry with 62,191 production workers potentially exposed to workplace hazards that may require the use of the PPE. The revised estimated number of establishments and employees were obtained from the 2002 Census Bureau’s Economic Census. Table 1 provides a comparison of shipyard establishments by size:

Table 1

Comparison by Size of Establishments

Size of Establishment

1-9 employees 307

10-19 employees 108

20-99 employees 133

100-499 employees 70

500-999 employees 12

1000 + employees 9

Total establishments 639

The Agency determined average wage rates for subpart I by using average hourly compensation, including benefits, to represent the cost of employee time.  For the relevant occupational categories, the Agency used wage rates from the November 2004 National Industry-Specific Occupational Employment and Wage Estimates (NAICS 336600) Ship and Boat Building, Occupational Employment Statistics, Bureau of Labor Statistics, U.S. Department of Labor. These hourly employee compensation rates are:

Supervisor $32.76 

Shipyard Employee $20.76

(A) Hazard Assessment and Verification Record (1915.152(b)). Subpart I requires that employers conduct a hazard assessment and make a determination regarding their need for PPE. Employers must assess work activities to determine whether there are hazards present, or likely to be present, which necessitate the employee’s use of PPE. If such hazards are present, or likely to be present, the employer must: (1) select the type of PPE that will protect the affected employee from the hazards identified in the occupational hazard assessment; (2) communicate selection decisions to affected employees; (3) select PPE that properly fits each affected employee; and (4) verify that the required occupational hazard assessment has been performed. The verification must contain the following information: Occupation, the date(s) of the hazard assessment, and the name of the person performing the hazard assessment.

The final rulemaking record showed that shipyards were already performing hazard assessments and reassessments as a normal and routine shipyard practice; however, they were not documenting these assessments. Therefore, the ICR only includes burden hours and costs for documenting assessments and reassessments. The Summary of Final Economic Analysis, Regulatory Flexibility Certification, and Environmental Impact Assessment (Final Economic Analysis) in the final rule (61 FR 26322 (5/24/1996)) estimated it takes 5 minutes (.08 hour) to record the hazard assessment for each occupation covered.

The initial hazard assessment is a one-time obligation unless new or different workplace hazards arise or changes in workplace conditions are such that such hazards are likely to be present in the workplace, in which case the employer must perform an updated or revised hazard reassessment. Thus, for purposes of this ICR, the Agency assumes that all 639 establishments have conducted their initial assessments. In addition, because the number of establishments in this industry is declining, OSHA estimates that there is virtually no establishment turnover rate in this industry.

OSHA estimates that 10 percent of the original number of hazard assessments per establishment will be reassessed in a given year. The total number of hazard assessments is determined by multiplying the number of establishments by the number of hazard assessments for that size of establishment. The number of hazard assessments per establishment is based on the Final Economic Analysis, which stated that assessments and reassessments would be conducted for occupations at the shipyard.

Burden hours: (307 establishments x 5 assessments) x .10 x .08 hour = 12 hours

(108 establishments x 5 assessments) x .10 x .08 hour = 4 hours

(133 establishments x 10 assessments) x .10 x .08 hour = 11 hours

(70 establishments x 30 assessments) x .10 x .08 hour = 17 hours

(12 establishments x 30 assessments) x .10 x .08 hour = 3 hours

(9 establishments x 40 assessments) x .10 x .08 hour = 3 hours

50 hours

Cost: 50 burden hours x 32.76 = $1,638

B) Training and Verification Record (1915.152(e)(4)). The training is performance-oriented, thus, not subject to review under the PRA. Therefore, no burden for conducting training has been calculated. OSHA believes that all current shipyard employees (62,191) have been trained in the use of PPE, and that employers will take one minute (.02 hour) to maintain the certification record for each of these employees.

Burden hours: 62,191 existing employees x .02 hour to maintain = 1,244

Cost: 1,244 burden hours x $20.76 = $25,825

To account for new employees and employees needing retraining, the Agency is using an employee turnover rate of 24 percent³ of the 62,191 affected employees (14,926). OSHA estimates that it will take 3 minutes (.05 hour) to generate and maintain the training documentation for each new/retrained employee.

Burden hours: 14,926 new/retrained employees x .05 hour to generate and maintain record = 746

Cost: 746 burden hours x $20.76 = $15,487

Subtotal of Burden Hours: 1,244 + 746 = 1,990

Subtotal of Costs: $25,825 + $15,487 = $41,312

(C) Disclosure of Certification Records.

This ICR estimates time and cost burdens for disclosing certification records during an OSHA inspection, a calculation that the current approved ICR includes in the “Verification That Hazard Assessment Has Been Performed” equation. The Agency believes that approximately nine employers will be subject to an OSHA inspection annually and be required to disclose hazard assessment certification records and/or training certification records (see Item 14 below). Such disclosure is estimated to take 2 minutes (.03 hour).

Burden hours: 9 inspections x .03 hour = 1 hour (rounded up)

Cost: 1 x $32.76 = $33

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)

The cost determinations made under Item 12 account for the total annual cost burden to respondents or recordkeepers resulting from these collection of information requirements.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

OSHA estimates that a compliance officer (GS-12, step 5), with an hourly wage rate of $35.32, spends about five minutes (.08 hour) during an inspection reviewing the documents required by subpart I. The Agency has determined that its compliance officers will conduct approximately 9 inspections under subpart I during each year covered by this ICR.⁴ OSHA considers other expenses, such as equipment, overhead, and support staff salaries to be normal operating expenses that would occur without the paperwork requirements specified by subpart I. Therefore, the total cost of these paperwork requirements to the Federal government is:

Cost: 9 inspections x .08 hour x $35.32 = $25

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 per OMB Form 83‑I.

OSHA is requesting to increase the burden hours of the paperwork requirements of the Personal Protective Equipment in Shipyard Employment Standard from 1,761 burden hours to 2,041 hours, for a total increase of 280 hours. Table 1 below describes each of the requested burden-hour adjustments.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection information, completion of report, publication dates, and other actions.

OSHA will not publish the information collected under subpart I.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be appropriate.

No forms are available for the Agency to display the expiration date.

18. Explain each exception to the certification statement identified in Item 19 of OMB 83‑I.

OSHA is not seeking an exception to the certification statement specified by Item 19 of OMB 83‑I.

Table 1: Requested Burden-Hour Adjustments

Information Collection Requirement	Current Burden Hours		Requested Burden Hours	Adjustment			Cost Under Item 12	Responses	Explanation of Adjustment
Hazard Assessment and Verification (1915.152(b))	54		50	-4			$1,638	623	The Agency changed the methodology to calculate the burden hour and costs for hazard reassessments. The new equation better reflects the rulemaking. The new equation calculates burden per hazard assessment rather than percentage of establishments, and acknowledges that shipyards were already conducting hazard assessments and reassessments.
Training and Verification (1915.152(e))	1,707	1,990			283	$41,312		62,191	The increase is due to more accurate information regarding the employee turnover rate in the shipyard industry. In addition, the disclosure of certification records is now a separate line item.
								14,926
Disclosure of Hazard Assessment and Training Certification Records	0		1	1			$33	9	In the currently approved ICR, the Agency failed to include the 1 burden hour for disclosing certification records in its final calculation. The total burden hours should have been 1,762 rather than 1,761.
TOTALS	1,761		2,041	280			$42,983	77,749

1The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated with provisions of the subpart that contain paperwork requirements; this Supporting Statement does not provide information or guidance on how to comply with, or how to enforce, these provisions. This Supporting Statement does not include burden hours and costs associated with the information collection requirements for subpart I, Respiratory Protection (29 CFR 1915.154), which OSHA addressed in a separate ICR. See OMB Control No. 1218-0099.

2Training about personal fall arrest and positioning device systems is covered by 29 CFR 1915.159 and .160 respectively. However, OSHA assumes that the retraining and training verification requirements in §1915.152(e) also apply to these systems.

3SOURCE: Job Openings and Labor Turnover: December 2005, NEWS, Bureau of Labor Statistics, United States Department of Labor.

4OSHA estimated the number of inspections by determining the inspection rate (1.4%) for all establishments under the jurisdiction of the Act (including both Federal OSHA and approved state-plan agencies) and then multiplying the total number of establishments covered by the Standard (i.e., 639) by this percentage (i.e., 639 establishments x 1.4% = 9 inspections).