SS_1218-0075-FireBrigades-Final-ICR (01~25~08)

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS OF THE
FIRE BRIGADES STANDARD (29 CFR 1910.156) 1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
Control No. 1218-0075 (January 2008)

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” or “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). In addition, the OSH Act specifies that “[e]ach employer
shall make, keep and preserve, and make available to the Secretary . . . such records regarding . .
. activities relating to this Act as the Secretary . . . may prescribe by regulation as necessary or
appropriate for the enforcement of this Act . . .” (29 U.S.C. 657).
Under the authority granted by the OSH Act, the Occupational Safety and Health Administration
(“OSHA” or “the Agency”) published the Fire Brigades Standard (the “Standard;” 29 CFR
1910.156). The Standard imposes the following paperwork requirements on each employer who
establishes a fire brigade: Write an organizational statement; ascertain the fitness of employees
with specific medical conditions to participate in fire related operations; and provide appropriate
training and information to fire brigade members. Items 2 and 12 below describe 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.

Although OSHA does not mandate that employers establish fire brigades, if they do so, they
must comply with the provisions of the Standard. The provisions of the Standard, including the
paperwork requirements, apply to fire brigades, industrial fire departments, and private or
contract fire departments, but not to airport crash rescue units or forest fire-fighting operations.
Paragraphs (b)(1), (b)(2), (c)(1), (c)(2), and (c)(4) contain the paperwork requirements of the
Standard.

1

The purpose of this Supporting Statement is to analyze and describe the burden hours and costs 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, the standard.

Under paragraph (b)(1) of the Standard, employers must develop and maintain an organizational
statement that establishes the: Existence of a fire brigade; the basic organizational structure of
the brigade; type, amount, and frequency of training provided to brigade members; expected
number of members in the brigade; and functions that the brigade is to perform. This paragraph
also specifies that the organizational statement must be available for review by employees, their
designated representatives, and OSHA compliance officers. The organizational statement
delineates the functions performed by the brigade members and, therefore, determines the level
of training and type of personal protective equipment (PPE) necessary for these members to
perform their assigned functions safely. Making the statement available to employees, their
designated representatives, and OSHA compliance officers ensures that the elements of the
statement are consistent with the functions performed by the brigade members and the
occupational hazards they experience, and that employers are providing training and PPE
appropriate to these functions and hazards.
To permit an employee with known heart disease, epilepsy, or emphysema to participate in fire
brigade emergency activities, paragraph (b)(2) of the Standard requires employers to obtain a
physician’s certificate of the employee’s fitness to do so. This provision provides employers
with a direct and efficient means of ascertaining whether or not they can safely expose
employees with these medical conditions to the hazards of firefighting operations.
Paragraph (c)(1) of the Standard requires employers to provide training and education for fire
brigade members commensurate with the duties and functions they perform, with brigade leaders
and training instructors receiving more comprehensive training and education than employers
provide to the general membership. Under paragraph (c)(2) of the Standard, employers must
conduct training and education frequently enough, but at least annually, to assure that brigade
members are able to perform their assigned duties and functions satisfactorily and safely;
employers must provide brigade members who perform interior structural firefighting with
educational and training sessions at least quarterly. In addition, paragraph (c)(4) specifies that
employers must: Inform brigade members about special hazards such as storage and use of
flammable liquids and gases, toxic chemicals, radioactive sources, and water-reactive substances
that may be present during fires and other emergencies; advise brigade members of changes in
the special hazards; and develop written procedures that describe the actions brigade members
must take when special hazards are present, and make these procedures available in the
education and training program and for review by the brigade members.
Providing appropriate training to brigade members at the specified frequencies, informing them
about special hazards, developing written procedures on how to respond to special hazards, and
making these procedures available for training purposes and review by the members enables
them to use operational procedures and equipment in a safe manner to avoid or control
dangerous exposures to fire-related hazards. Therefore, the training and information
requirements specified by paragraphs (c)(1), (c)(2), and (c)(4) of the Standard prevent serious
injuries and death among members of fire brigades.

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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 any available technology to provide the required information.
4. Describe efforts to identify duplication. Show specifically why any similar information already available
cannot be used or modified for use for the purpose(s) described in 2 above.

The information collection requirements in the Standard are specific to each employer 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 831), describe the methods used to reduce the burden.

The information collection requirements specified by the Standard 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 or is not conducted less
frequently, and any technical or legal obstacles to reducing the burden.

The Agency believes that the information collection frequencies required by the Standard are the
minimum frequencies necessary to 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 in the OSH Act at 29 U.S.C. 651. Accordingly, if employers do not
perform the required information collections, or delay in providing this information, fire brigade
members will be at increased risk of serious injuries or death while exposed to fire related
hazards.
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-inaid, 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 statistical data classification that has not been reviewed and approved by OMB;

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·

That includes a pledge of confidentially 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 prove that it has instituted procedures to protect the information's confidentially 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 before
submission to OMB. Summarize public comments received in response to that notice and describe actions
taken by the Agency in response to those comments specifically address comments received on cost and hour
burdens.

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 November 21, 2007 (72 FR 65608, Docket No.
OSHA-2007-0079) requesting public comment on its proposed extension of the information
collection requirements contained in the Fire Brigades Standard (29 CFR 1910.156). 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 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.

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 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.

The paperwork requirements specified by the Standard do not involve sensitive information.
12. Provide estimates of the hour burden of the collection of information. The statement should:

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·

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 than10) 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.

Burden Hour and Cost Determinations
The following sections describe the burden hour and cost estimates for the information collection
requirements specified by the Standard. These sections determine burden hours and cost
separately for the written organizational statement, and for providing appropriate training and
information for fire brigade members. OSHA estimates that these information collection
requirements result in a total of 5,048 hours and a total cost of $179,204.
(A) Organizational Statement (§ 1910.156(b)(1))
The previous ICR estimated that a total of 55,939 establishments had fire brigades. This statistic
was based on an earlier estimate of 55,000 establishments with fire brigades. The Agency
derived this figure from a 1978 JRB Associates report (using 1972 U.S. Census Bureau (Census)
data) that estimated all 34,442 manufacturing facilities with more than 100 employees would
have fire brigades. The resulting ratio between total establishments with fire brigades and those
manufacturing facilities with 100 or more employees was 1.6 (i.e., 55,000 ÷ 34,442). Census
data for 2005 indicate that 29,208 facilities have 100 or more employees. 2 Applying the 1.6 ratio
to the 2005 data, OSHA estimates that a total of 46,733 establishments currently have fire
brigades (i.e., 1.6 x 29,208). Additionally, the agency assumes that, each year, five percent (i.e.,
2,337) of the total establishments either develop new or revised organizational statements for
their fire brigades. OSHA estimates that a fire prevention manager, at a wage rate of $35.50, 3
spends an average of two hours developing or revising a statement. Therefore, the annual
burden hour and cost estimates for this recordkeeping requirement are:
Burden hours: 2,337 statements x 2 hours = 4,674
Cost: 4,674 hours x $35.50 = $165,927
2

Source: County Business Patterns 2005, U.S. Department of Commerce, Bureau of the Census,
August 22, 2007.
3

Source: National Compensation Survey: Occupational Wages in the United States, June 2005, U.S.
Department of Labor, Bureau of Labor Statistics, July 2006. Wage rate derived from: Blue collar: Service:
Protective Service: Supervisors, firefighters and fire prevention. Wage rate includes benefits of 29 percent.

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(B) Physician Certification (§ 1910.156(b)(2))
Based on the expert knowledge of its staff, the Agency assumes that the average fire brigade
consists of 10 members. Therefore, OSHA estimates that the 46,733 fire brigades have about
467,330 members. However, the Agency has no data to determine the number of brigade
members with known heart disease, epilepsy, or emphysema who need a physician’s certificate
of fitness to perform interior structural fire fighting; thus, for the purposes of this determination,
OSHA assumes employers will obtain physician certificates from one percent (i.e., 4,673) of
brigade members. The Agency estimates that it will take a manager five minutes (.08 hour) to
obtain the certificate from the employee, resulting in the following yearly burden hour and cost
estimates:
Burden hours: 4,673 certificates x .08 hour = 374
Cost: 374 hours x $35.50 = $13,277
(C) Training and Information (§ 1910.156(c)(1), (c)(2), and (c)(4))
OSHA finds that paragraphs (c)(1) and (c)(2) of the Standard are written in performanceoriented language and; thus, are not subject to the implementing rules and guidelines of PRA-95.
Therefore, the Agency will incur no burden hours or cost for the paperwork requirements
associated with these paragraphs.
The first paperwork requirement specified by paragraph (c)(4) of the Standard requires
employers to inform fire brigade members regarding special hazards such as storage and use of
flammable liquids and gases, toxic chemicals, radioactive sources, and water-reactive substances
that may be present during fires and other emergencies, as well as any changes in the special
hazards. Under the second paperwork requirement in this paragraph, employers must develop
written procedures describing the actions that brigade members are to take when special hazards
are present, and to make these procedures available in the education and training program and
for review by brigade members. Regarding the first paperwork requirement, the Agency
believes that it is a usual and customary practice for employers with fire brigades to provide this
information to brigade members; employers meet the second paperwork requirement when they
develop or update organizational statements under paragraph (b)(1) of the Standard.
Accordingly, OSHA is taking no burden hours or cost for either of these paperwork
requirements.
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

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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.

The cost determined under Item 12 accounts for the total annual cost burden to respondents or
recordkeepers resulting from these collection of information requirements.
14. Provide estimates of the 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
into a single table.

OSHA estimates that a compliance officer (GS-12, step 5), with an hourly wage rate of $36.26,
spends about spends about five minutes (.08 hour) during an inspection reviewing the paperwork
requirements of the Standard. OSHA has determined that its compliance officers will conduct
654 such inspections during each year covered by this ICR. 4 The Agency considers other
expenses, such as equipment, overhead, and support staff salaries, as normal operating expenses
that would occur without the collection of information requirements specified by the Standard.
Therefore, the total cost of these paperwork requirements to the Federal government is:
Cost: 654 inspections x .08 hour x $36.26 = $1,897
15. Explain the reasons for any program changes or adjustments reported in Items 12 and 13 of the
Justification?

The Agency is requesting an adjustment decrease from 6,042 hours to 5,048 hours for a total
decrease of 994 hours. The decrease is a result of updated data estimating that the total number
of establishments requiring new or revised organizational statements has declined from 2,797 to
2,337; and that the number of fire brigade members has declined from 559,390 to 467,330.
4

The Agency estimated the number of inspections by determining the inspection rate (1.4%) for all facilities
under the jurisdiction of the OSH Act (including both Federal OSHA and approved state-plan agencies), and then
multiplying the total number of establishments having fire brigades (i.e., 46,733) by this percentage (i.e., 46,733
establishments x 1.4% = 654 inspections).

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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 requesting an exception to the certification statement in Item 19.

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Requested Burden Hours

Information Collection
Requirement
(A) Organizational Statement
(§ 1910.156(b)(1))

(B) Physician Certification
(§ 1910.156(b)(1))

(C) Training and Information
(§ 1910.156(c)(1), (c)(2), and
(c)(4))
TOTALS

Current Burden
Hours

Requested
Burden Hours

Adjustment

Cost Under
Item 12

Number of
Respondents

Explanation of Adjustment

5,594

4,674

-920

$165,927

2,337

448

374

-74

$13,277

4,673

0

0

0

$0

0

The decrease is a result of updated
data estimating the total number of
establishments requiring new or
revised organizational statements has
declined from 2,797 to 2,337.
The decrease is a result of updated
information estimating the number of
fire brigade members has declined
from 559,390 to 467,330.
No change.

6,042

5,048

-994

$179,204

7,010

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