SS_1218-0233riggingequipconstfinal

SUPPORTING STATEMENT FOR
THE INFORMATION-COLLECTION REQUIREMENTS OF
CONSTRUCTION RECORDS FOR RIGGING EQUIPMENT
FOR MATERIAL HANDLING
29 CFR 1926.251 1
(OMB CONTROL NO. 1218-0233 (September 2007))

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 as 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 warning 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 many be warranted by experience, information, or medical or
technological developments acquired subsequent to the promulgation or 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).
Under the authority granted by the Act, the Occupational Safety and Health Administration
(i.e., “OSHA” or “the Agency”) published at 29 CFR 1926.251 a safety standard for
construction regulating Rigging equipment for material handling (i.e., “the Standard”). The
collection of information (paperwork) provisions of the Standard specify affixing
identification tags or markings on rigging equipment, developing and maintaining inspection
1

The purpose of this Supporting Statement is to analyze and describe the burden hours and cost associated
with provisions of this 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.

records, and retaining proof-testing certificates. Items 2 and 12 below describe in detail the
specific information-collection requirements of the Standard.
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 Standard specifies several collection-of-information (paperwork) requirements,
depending on the type of rigging equipment. The purpose of each of these requirements is to
prevent employees from using defective or deteriorated equipment, thereby reducing their
risk of death or serious injury caused by equipment failure during material handling.
Paragraph (b) of the Standard covers alloy steel chains.
Paragraph (b)(1) requires that alloy steel chains have permanently affixed durable
identification stating size, grade, rated capacity and sling manufacturer. The
information, supplied by the manufacturer, is typically marked on a metal tag and
affixed to the sling.
Paragraph (b)(6)(i) requires the employer to make a thorough periodic inspection of
alloy steel chain slings in use on a regular basis, but at least once a year. Paragraph
(b)(6)(ii) requires the employer to make and maintain a record of the most recent
month in which each alloy steel chain sling was thoroughly inspected, and make this
record available for examination.
Paragraph (c) of the Standard covers end attachments.
Paragraph (c)(15)(ii) requires that all welded end attachments of wire rope slings be
proof tested by the manufacturer at twice their rated capacity prior to initial use, and
that the employer retain a certificate of the proof test and make it available for
examination.
Paragraph (e) of the Standard covers Synthetic webbing (nylon, polyester, and
polypropylene).
Paragraphs (e)(1)(i), (ii), (iii) requires that synthetic web slings be marked or coded
to show the manufactures trademark, rated capacities for the type of hitch and type of
synthetic web material.
Paragraph (f) of the Standard covers Shackles and Hooks.
Paragraph (f)(2) requires that all hooks for which no applicable manufacturer’s
recommendations are available be tested to twice the intended safe working load
before they are put into use. The employer shall maintain a record of the dates and
results of the tests.
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The information on the identification tags, marking or coding, assist the employers in
determining whether the rigging equipment can be used for the lifting task. The rigging
inspections enable early detection of faulty equipment. The inspection and repair records
provide employers with information about when the last inspection was made and about the
nature of the repairs made. This information provides some assurance about the condition of
the rigging equipment. These records also provide the most efficient means for an OSHA
compliance officer to determine that an employer is complying with the Standard. Prooftesting certificates give employers, employees, and OSHA compliance officers assurance that
the equipment is safe to use. The certificates also provide the compliance officers with an
efficient means to assess employer compliance with the Standard.
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 informationcollection techniques, or other forms of information technology (e.g., electronic submission of
responses) when establishing and maintaining the required records. The Agency wrote the
paperwork requirements of the Standard 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 83I), describe any methods used to minimize burden.

The information-collection requirements specified by the Standard 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 Agency believes that the information-collection frequencies required by the Standard are
the minimum frequencies necessary to effectively regulate Rigging Equipment for Material
Handling, 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 Act at 29 U.S.C. 651. Accordingly, if employers do not
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perform the required information collections, or delay in providing this information,
employees may inadvertently use defective or deteriorated rigging equipment, thereby
increasing their probability of death and serious injury caused by equipment failure during
material handling.
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, grantin-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 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.

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As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA
published a notice in the Federal Register on June 22, 2007 (72 FR 34483), Docket No.
OSHA-2007-0055 requesting public comment on its proposed extension of the information
collection requirements contained in Construction Records for Rigging Equipment. This
notice was part of a preclearance consultation program intended to provide those interested
parties the opportunity to comment on OSHA’s request for an extension by the Office of
Management and Budget (OMB) of a previous approval of the information collection
requirements found in the above standard. The Agency received no comments in response to
its notice to comment on this request.
9. Explain any decision to provide any payment 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.

The paperwork requirements specified by the Standard do 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. This justification
should include the reason 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 the Standard request sensitive information.
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.

Based on current information collected, there is insufficient evidence to change the assumptions
used in this ICR. OSHA maintains there were 132,737 cranes and derricks in the construction
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industry. Based on previous information provided by sling and competent manufacturers who
are members of the American Society of mechanical Engineers Subcommittee on Slings, ASME
B30.9, the Agency estimates that each crane and derrick has about 10 slings, for a total of
1,327,370. In addition the Agency believes that 15% (199,106) of these slings are alloy-steel
chains, 75% (995,528) are wire rope slings, 8% (106,190) are synthetic webbing, and 2 %
(26,547) are shackles and hooks.
The Agency uses average hourly earnings, including benefits, to represent the cost of
employee time. For the relevant occupational categories, mean hourly earnings from June
2005 National Compensation Survey by the Bureau of Labor Statistics have been adjusted to
reflect the fact that fringe benefits comprise about 29.5% of total compensation in the private
sector. Since wages are the remaining 70.5% of employee compensation wages are
multiplied by 1.42 (1/0.705) estimate full employee hourly compensation. The costs of labor
used in this analysis are therefore estimates of total hourly compensation. The hourly wage
rate for a non-supervisory construction worker is $24.94.
Burden hour and Cost Summary
Alloy Steel Chains
Paragraph (b)(1) requires that alloy steel chains have permanently affixed durable
identification stating size, grade, rated capacity and sling manufacturer. The information,
supplied by the manufacturer, is typically marked on a metal tag and affixed to the sling. The
manufacturer provides this information as a usual and customary practice at the time of sale.
However, if the tag comes off, another tag or type of marking with the required information
must be affixed to the sling. OSHA estimates that only a small percentage of slings would
fall into this category, perhaps as low as1% (199), and it would take 30 minutes (.5 hours) to
acquire the information, make a new tag, and another 30 minutes (.5 hour) to affix the tag to
the sling. This task would be performed by a construction worker.
Burden hours:
Cost:

199 slings x 1 hour = 199 hours
199 hours x $24.94 = $4,963

Paragraph (b)(6)(i) requires the employer to make a thorough periodic inspection of alloy
steel chain slings in use on a regular basis, but at least once a year. Paragraph (b)(6)(ii)
requires the employer to make and maintain a record of the most recent month in which each
alloy steel chain sling was thoroughly inspected. It is estimated that it takes 15 minutes (.25
hour) for a construction worker to conduct the inspection, and to generate, maintain and
disclose the inspection record once a year.
Burden hours:
Cost:

199,106 slings x .25 hour = 49,777 hours
49,777 x $24.94 = $1,241,438

Welded End Attachments
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Paragraph (c)(15)(ii) requires that all welded end attachments of wire rope slings be proof
tested by the manufacturer at twice their rated capacity prior to initial use, and that the
employer retain the certificate of proof. OSHA estimates that 10% (99,553) of the wire rope
slings have welded end attachments. There is no burden associated with the proof testing
because the manufacturer, for liability reasons, and as a normal and customary practice, will
test the equipment and provide a certificate to the employer. However, the employer must
maintain and disclose the certificate at the time of an inspection. OSHA estimates that a
construction worker spends 3 minutes (.05 hour) per sling (with welded end attachments) to
complete this task.
Burden hours:
Cost:

99,553 slings x .05 hour = 4,978 hours
4,978 hours x $24.94 = $124,151

Synthetic Webbing (nylon, polyester, and polypropylene)
Paragraph (e)(1)(i), (ii), (iii) requires that synthetic web sling be marked or coded to show the
manufactures trademark, rated capacities for the type of hitch, and type of synthetic web
material. This information will be provided by the manufacturer as a usual and customary
practice at the time of sale. However, if the mark or code needs to be replaced, OSHA
estimates that it will take a construction worker about 30 minutes (.50 hour) to acquire the
information and attach the marking or coding. OSHA estimates that few slings, about .1%
(106), fall into this category.
Burden hours:
Cost:

106 slings x .50 hour = 53 hours
53 hours x $24.94= $1,322

Hooks
The paragraph specifies that where the manufacturer’s recommendations are not followed,
employers must test each hook to twice its working load. The employer must prepare a
certification record for each test, providing the date the test was performed, the name of the
person who performed the test and an identifier to the hook tested. The certification record must
be maintained and disclosed upon request to OSHA.
OSHA estimates that the manufacturer’s recommendations will be available and followed for
90% of the 26,547 hooks, leaving only 10% of the hooks without manufacturer’s
recommendations to follow. In those situations, the firm will either have to call the manufacturer
and get the information or test the hook to obtain the information. OSHA bases this assumption
on conversations with a representative of the Crosby Group (the largest manufacturer of hooks
and other rigging equipment). Crosby Group confirmed that the manufacturer’s
recommendations are provided at the time of sale, but a small percentage of the users lose those
recommendations and must contact the manufacturer (whose ID is on the hook) to establish the
working load of the hook. OSHA assumes that some of the users will choose to test the hook to
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twice its intended working load rather than call the manufacturer to obtain the information.
Therefore, OSHA estimates that it will take about 20 minutes (.33 hour) per hook to conduct the
test to determine the working load and an additional 5 minutes to develop, maintain, and disclose
the certification record for a total of 25 minutes. If the user elects to obtain the information from
the manufacturer instead of performing the test, it will take about 35 minutes per hook to make
the necessary phone calls and get the information, according to Crosby Group. The time, thus, is
averaged at 30 minutes (.50 hour). A construction worker earning $24.94 per hour will make the
phones call or conduct the test.
Burden hours:
Cost:

2,655 hooks x .50 hour = 1,328 hours
1,328 hour x $24.94 = $33,120

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.

Item 12 above provides the total cost of the information-collection requirements specified by
the Standard.
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
$36.26, spends about five minutes (.08 hour) during an inspection reviewing the documents
required by the Standard. The Agency determines that its compliance officer will inspect the
employers of about 1,858 riggings regulated by the Standard during each year covered by this
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ICR 2 . OSHA considers other expenses, such as equipment, overhead, and support staff
salaries, to be normal operating expenses that would occur without the paperwork
requirement specified by the Standards. Therefore, the total cost of these paperwork
requirements to the Federal government is:
Cost: 1,858 inspections x .08 hour x $36.26 = $5,390
15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB
Form 83-I.

There are no program changes or adjustments reported in Items 13 or 14 of the OMB 83-I.
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 the Standard.
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 per "Certification for
Paperwork Reduction Act Submission," of OMB Form 83-I.

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

2

The Agency estimated the number of inspections by determining the inspection rate (1.4%) for all facilities
under the jurisdiction of the Act (including both Federal OSHA and Approved state-plan agencies) in 2001, and
then multiplying the total number of crane and derrick under the standard (132,737 cranes and derricks x .014 =
1,858).

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