SS-ONEW(explosives)

SUPPORTING STATEMENT FOR THE
COLLECTION OF INFORMATION REQUIREMENT IN THE
PROPOSED EXPLOSIVES STANDARD (29 CFR 1910.109) 1

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 objective of the Occupational Safety and Health Act of 1970 (i.e., “the 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 Act authorizes “the development and promulgation of
occupational safety and health standards” (29 U.S.C. 651).
Section 6(b)(7) of the Act specifies that “[a]ny standard promulgated under this
subsection shall prescribe the use of labels or other appropriate forms of warnings as are
necessary to insure that employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper conditions and
precautions of safe use or exposure.” This provision goes on to state that ‘[t]he
Secretary, in consultation with the Secretary of Health and Human Services, may by rule
promulgated pursuant to section 553 of title 5, United States Code, make appropriate
modifications in the foregoing requirements relating to the use of labels or other forms of
warning . . . as may be warranted by experience, information, or medical or technological
developments acquired subsequent to the promulgation of the relevant standard” (29
U.S.C. 655).
With regard to recordkeeping, the 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 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).
Therefore, under the authority granted by the OSH Act, the Occupational Safety and
Health Administration (i.e., “OSHA” or “the Agency”) is proposing to revise 29 CFR
1910.109, currently titled “Explosives and blasting agents.” The proposed revision
(hereafter, “the Proposal”) would enhance the protection provided to employees engaged
in the manufacture, storage, sale and transportation, handling and use of explosives. The
1

The purpose of this Supporting Statement is to analyze and describe the burden hours and costs
associated with provisions of the proposed standard that contain paperwork requirements; this Supporting
Statement does not provide information or guidance on how to comply with, or how to enforce, these
provisions.

Proposal updates and clarifies the regulatory language, addresses regulatory
inconsistencies between OSHA and other Federal agencies, incorporates updated
consensus standards, and provides the regulated community with greater compliance
flexibility.
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.

The Proposal addresses the reduction and avoidance of employee injuries and deaths
during storage, handling, transportation, and use of explosives (including blasting agents
and pyrotechnics), and enhances the protections provided to employees engaged in the
manufacture, storage, sale, transportation, handling, and use of explosives. After a
thorough review of the Proposal, the Agency identified one new collection of information
requirement that may impose additional burden hours and costs on the employer.
The proposed collection of information requirement (§ 1910.109(f)(1)(iv)) would prohibit
an employer, whenever blasting operations are being conducted in close proximity to gas,
electric, water, telephone, or other similar utilities, from commencing such blasting
operations until receiving and documenting approval from the appropriate utility
representatives. 2
OSHA’s existing Explosives Standard only requires notification to the affected utility 24
hours in advance of blasting. It does not require a response from the utility prior to the
employer beginning blasting. Thus, the employer may have already begun or even
completed the blasting operation before a utility has had adequate time to identify a
potential problem with the blasting operation and communicate this fact to the employer,
which could endanger employees working in blasting operations near utility lines.
Obtaining and documenting approval from the utility prior to blasting is important to
employee safety. The approval process will vary by locality depending on already
established procedures and may, in fact, often take less than 24 hours. Documentation
may be in the form of a fax, e-mail, or record of a conversation. Employers only need to
maintain the documentation for the duration of the blasting operation.
OSHA has determined preliminarily that the following proposed provisions are either not
collection of information requirements or would impose no additional burden hours or
cost on employers.

2

This proposed provision has an implied requirement for employers to notify utility representatives
of blasting operations; however, OSHA considers such notification to be a usual and customary practice by
the industry, and is not taking burden for it.

2

A. General provisions (§1910.109(c))
Labels (§1910.109(c)(5))
§1910.109(c)(5)(i) - The employer shall communicate hazards associated with explosives
in accordance with the requirements of the Hazard Communication Standard,
§1910.1200. 3 Where labeling of explosives is required under §1910.1200, Globally
Harmonized System (GHS) labels shall be used as shown in Figure 1 below for different
divisions of explosives. The labels shall have a signal word, a hazard statement, and
either a division designation or a pictogram as shown in the figure below. The pictogram
shall be black on a white background with a red frame sufficiently large to be clearly
visible. 4
§1910.109(c)(5)(ii) - The employer shall ensure that DOT markings, placards, and labels
are retained in accordance with §1910.1201.3,5
Figure 1 - GHS Labels for Explosives
Unstable
explosives

Division 1.1

Division 1.2

Division 1.3

Division 1.4

Division 1.5

1.5

1.6

(on orange
background)

(on orange
background)

Danger

Danger

Danger

Danger

Warning

Danger

Unstable
explosives

Explosive;
mass
explosion
hazard

Explosive;
severe
projection
hazard

Explosive;
fire, blast or
projection
hazard

Fire or
projection
hazard

May mass
explode
in fire

B. Storage of ammonium nitrate (§1910.109(d))
Storage of ammonium nitrate in bags and containers (§1910.109(d)(3)) - The employer
shall ensure that:
§1910.109(d)(3)(i) - Bags and containers used for ammonium nitrate storage are:
3

The paperwork requirement is contained in the referenced standard.

4

The requirement is exempt from the definition of a collection of information because the
Government provides specific language for signs/labels for disclosure to employees (5 CFR 1320.3(c)(2)).
5

This proposed provision does not require employers to develop or affix markings, placards or
labels; therefore, OSHA is taking no burden hours or costs for this provision.

3

Division 1.6

§1910.109(d)(3)(i)(B) - Labeled in accordance with DOT regulations (49 CFR
chapter I) or §1910.1200, as applicable.3
Storage of bulk ammonium nitrate (§1910.109(d)(4)) - The employer shall ensure the
following:
§1910.109(d)(4)(v) - Ammonium nitrate bulk storage bins or piles are clearly identified
by signs reading ``Ammonium Nitrate'' with letters at least 2 inches (5.1 cm) high.4
C. Transportation of explosives (§1910.109(e))
General provisions §1910.109(e)(1) - The employer shall ensure that:
§1910.109(e)(1)(iii) - Explosives are not transferred from one vehicle to another without
informing local fire and police departments. A competent person shall supervise the
transfer of explosives. In the event of breakdown or collision, the local fire and police
departments shall be promptly notified. 6
Vehicles (§1910.109(e)(2))
§1910.109(e)(2)(ii) - The employer shall ensure that any vehicle containing explosives or
oxidizers located at a private facility or blast site has exterior markings or placards
designed and displayed in accordance with the regulations of DOT (49 CFR chapter I).3
§1910.109(e)(2)(v) - For each vehicle used for carrying explosives, the employer shall
ensure the following:
§1910.109(e)(2)(v)(A) - Fire extinguishers are used, maintained, and tested in
accordance with §1910.157. 7
D. Use of explosives for blasting (§1910.109(f))
General provisions (§1910.109(f)(1))
§1910.109(f)(1)(i) - The employer shall ensure that the blaster-in-charge:
§1910.109(f)(1)(i)(A) - Is trained, knowledgeable, and experienced in the storage,
transportation, handling, and use of explosives;

6

This requirement is a usual and customary business activity that imposes no new burden hours or
costs on employers (5 CFR 1320.3(b)(2)).
7

This collection of information has been taken in §1910.157(f)(16) and §1910.157(e)(3), OMB
Control Numbers 1218-0218 and 1218-0238, respectively.

4

§1910.109(f)(1)(i)(B) - Is knowledgeable about relevant federal, state, and local
regulations pertaining to explosives;
§1910.109(f)(1)(i)(C) - Is trained, knowledgeable, and experienced in the use of
each type of blasting method being used; . . . 8
§1910.109(f)(1)(ii) - The employer shall ensure the following:
§1910.109(f)(1)(ii)(F) - Signs are posted warning against the use of mobile radio
transmitters or cellular phones on all roads within 350 feet (106.7 m) of the
blasting operations. The signs shall read:
WARNING
EXPLOSIVES HAZARD
DO NOT USE MOBILE RADIO TRANSMITTERS
OR CELLULAR PHONES4
Loading of explosives in drill holes (§1910.109(f)(3))
§1910.109(f)(3)(vii) - After the loaded drill holes are connected but prior to them being
connected to a source of initiation:
§1910.109(f)(3)(vii)(A) - The blast area shall be barricaded and posted, guarded,
or both. If barricaded and posted, the posted sign shall read “DANGER EXPLOSIVES HAZARD - DO NOT ENTER” or equivalent language.4
E. Blasting agents, water gels, slurries, and emulsions (§1910.109(g))
Bulk delivery vehicle operation (§1910.109(g)(3)(iii)) - The employer shall ensure the
following requirements are met for bulk delivery vehicle operation:
§1910.109(g)(3)(iii)(A) - The driver of the vehicle is trained and capable of
safely operating the vehicle;
§1910.109(g)(3)(iii)(B) - The operator, whether the driver or another employee, is
trained and capable of safely operating the mixing, conveying, and related
equipment on the vehicle.8
F. Training (§1910.109(j)(1-9))
§1910.109(j)(1) - The employer shall provide information and training on safe work
practices for each employee prior to or at the time of the employee’s initial job
assignment involving the manufacture, storage, sale, transportation, handling, or use of
explosives, including repair or maintenance of related facilities and equipment.
8

This training requirement is performance-oriented, and is not considered a collection of
information.

5

§1910.109(j(2) - The employer shall ensure that the training provided under paragraph (j)
of this section is specific to each employee’s unique work duties.
§1910.109(j)(3) - In addition to the information and training requirements of §1910.1200,
Hazard Communication, the employer shall inform each employee of the requirements in
§1910.109 that apply to the employee’s work duties and make a copy of the §1910.109
standard available to the employee.3,8
§1910.109(j)(4) - Employers shall train employees in all safety practices, including
applicable emergency procedures that relate to their work and are necessary for their
safety.8
§1910.109(j)(5) - Whenever there are workplace changes, such as the institution of new
or modified procedures or products, employees shall be retrained as necessary to ensure
that each employee has the requisite proficiency in the relevant safe work practices.8
§1910.109(j)(6) - The employer shall conduct retraining whenever the employer has
reason to believe that there are inadequacies in the employee’s knowledge of or
performance of safe work practices.8
§1910.109(j)(7) - The employer shall provide information and training in a manner that is
understandable to each employee.
§1910.109(j)(8) - The employer shall determine that each employee has demonstrated
proficiency in all aspects of the training required by paragraph (j) of this section.
§1910.109(j)(9) - An employer is deemed to be in compliance with an employee training
provision in paragraph (j) of this section if an identical training provision has been
satisfied for that employee under §1910.1200, Hazard Communication or DOT training
requirements (49 CFR part 172).3
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.

The Proposal would allow employers performing blasting operations in close proximity
to utilities to electronically develop, obtain, and maintain documentation that they
received approval from the appropriate utility representative prior to the blasting
operation. Employers also could use faxed or hand-written documentation from utility
representatives to fulfill the requirement.
4.

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

6

The information required to be collected and documented is specific to the employer
involved and is not duplicated by any other source.
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 requirement specified in the Proposal does 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 information collection requirement specified by the Proposal is the minimum
frequency necessary to ensure employee safety.
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 that 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 using the
procedures specified by this Item. The requirements are within the guideline 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

7

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, 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 specific situations. These circumstances should be explained.

In accordance with 5 CFR 1320.11, OSHA is submitting an information collection
request (ICR) to the Office of Management and Budget (OMB) for the Proposal. A copy
of the Proposal is attached to this Supporting Statement. Members of the public who
wish to comment on this ICR must submit written comments to the Office of Information
and Regulatory Affairs, New Executive Office Building, Office of Management and
Budget, Room 10235, 725 17th Street, NW., Washington, DC 20503, Attn: OSHA Desk
Officer (RIN 1218- AC09)).
OSHA also encourages the public to submit copies of their comments on the ICR to the
rulemaking docket (Docket No. OSHA-2007-0032). All comments received on the ICR
will be made a part of the record of the Proposal. For information on how to summit
comments and access the rulemaking docket, see the Notice of Proposed Rulemaking at
http://www.regulations.gov or contact the OSHA Docket Office, Room N-2625, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA’s
TTY number is (877) 889-5627).
The Agency will summarize the comments on the ICR, and will include the summary in
its request to OMB for final approval for the ICR.
9.

Explain the decision to provide any payments or gifts 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.

The paperwork requirement specified by the Proposal for which OSHA is taking burden
does not involve confidential information.
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. The
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.

Documenting approval from a utility representative prior to blasting does not involve
sensitive information.
8

12.

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

Indicate 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 burden, and
explain the reasons for the variance. Generally, 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 burden
estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

•

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 13.

Wage Rate
OSHA assumes that an extractive supervisor 9 would either prepare or obtain written
approval from the appropriate utility representative prior to blasting operations. The
Agency determined that the average wage rate is $27.82 10 for an extractive supervisor.
Burden-Hour and Cost Determination
A. Use of explosives for blasting (§1910.109(f))
Proposed paragraph (f)(1)(iv) would prohibit employers from commencing blasting
operations in close proximity to gas, electric, water, telephone, or other similar utilities
until they receive and document approval from the appropriate utility companies.
General industry blasting operations that would require an employer to contact a utility
company occur in outdoor, non-construction applications such as rock blasting, stump
removal, pond excavation, and grave digging.
The Agency estimates that about 1,000 companies perform blasting operations. OSHA
assumes that 90% of the 1,000 companies conduct blasting operations in the construction
and mining industries, leaving 10% of the companies conducting blasting for general
industry. OSHA estimates that each of these 100 companies would perform about five
blasting operations annually that would require the employer to document approval
provided by a utility representative prior to initiating blasting operations. The supervisor
9

Extractive Occupations – E613 Supervisors; place and detonate explosives to demolish structures
or to loosen, remove, or displace earth, rock, or other materials. National Compensation Survey, U.S.
Department of Labor, Bureau of Labor Statistics, June 2005.
10

This wage rate includes fringe benefits based on the Bureau of Labor Statistics “Employer Costs
for Employee Compensation,” June 2005.

9

would take an average of three minutes (.05 hour) to develop and/or obtain, and maintain,
the approval documentation. Therefore, the estimated burden hours and cost each year
for this proposed collection of information would be:
Burden hours: 100 companies x 5 documentations per year x .05 hour = 25 hours
Cost: 25 hours x $27.82 = $696
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 estimate should be split into two components: (a) a total capital and start-up cost
component annualized over its expected useful life); and (b) a total operation and
maintenance and purchase of service component. The estimates should take into account
costs associated with generating, maintaining, and disclosing or providing the information.
Include descriptions of methods used to estimate major cost factors including system and
technology acquisition, expected useful life of capital equipment, the discount rate(s), and the
time period over which costs will be incurred. Capital and start-up costs include, among
other items, preparations for collecting information such as purchasing computers and
software; monitoring, sampling, drilling and testing equipment; and record storage facilities

•

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens
and explain the reasons for the variance. The cost of purchasing or contracting out
information collection services should be a part of this cost burden estimate. In developing
cost burden estimates, agencies may consult with a sample of respondent (fewer than 10),
utilize the 60-day pre-OMB submission public comment process and use existing economic
or regulatory impact analysis associated with the rulemaking containing the information
collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions
thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with
requirements not associated with the information collection, (3) for reasons other than to
provide information or keep records for the government, or (4) as part of customary and
usual business or private practices.

All cost for complying with the proposed collection of information requirement are
included under Item 12.
14.

Provide estimates of annualized costs 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
$36.26 would spend about three minutes (.05 hour) during an inspection reviewing any
documented approval that an employer has maintained. The Agency estimates that its
compliance officers would perform approximately one regulated inspection each year of

10

establishments covered by this ICR.11 OSHA considers other expenses, such as
equipment, overhead, and support staff salaries, to be normal operating expenses that
would occur even without the paperwork requirements specified in the Proposal.
Therefore, the total cost of these paperwork requirements to the Federal government
would be:
Cost: 1 inspection x .05 hour x $36.26 = $2
15.

Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the
OMB Form 83-I.

The proposed collection of information requirement would result in a program increase of
25 new burden hours compared to the existing standard. OSHA took no cost under Item
14 of the OMB Form 83-I.
16.

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

OSHA will not publish the information to be collected under the Proposal.
17.

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

No forms are available on which to display the expiration date.
18.

Explain each exception to the certification statement identified in Item 19, "Certification
for Paperwork Reduction Act Submission," of OMB 83-I.

OSHA is not requesting any exemptions from the certification statement identified in
Item 19 of OMB Form 83-I.

_______________________
11

The Agency 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
States), and then multiplied the total number of establishments conducting blasting operations by this
percentage (i.e., 100 establishments x 1.4% inspection rate = 1 inspection).

11