SS_1218-0206-Grain-Final-04~21~08

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS OF THE
STANDARD ON GRAIN HANDLING FACILITIES (29 CFR 1910.272) 1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
NO. 1218-0206 (April 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 Occupational Safety and Health Act’s (OSH Act) main objective 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 . . . 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) published a standard on Grain Handling Facilities at 29 CFR 1910.272 (the “Standard”).
Paragraph (d) of the Standard requires the employer to develop and implement an emergency
action plan so that employees will be aware of the appropriate actions to take in the event of an
emergency.
Paragraph (e)(1) requires that employers provide training to employees at least annually and
when changes in job assignment will expose them to new hazards.
Paragraph (f)(1) requires the employer to issue a permit for all hot work. Under paragraph (f)(2)
the permit shall certify that the requirements contained in 1910.272(a) have been implemented
prior to beginning the hot work operations and shall be kept on file until completion of the hot
work operation.
Paragraph (g)(1)(i) requires the employer to issue a permit for entering bins, silos, or tanks
unless the employer or the employer’s representative is present during the entire operation. The
permit shall certify that the precautions contained in paragraph (g) have been implemented prior
to employees entering bins, silos or tanks and shall be kept on file until completion of the entry
operations.
1

The purpose of this supporting statement is to analyze and describe the burden hours and costs associated
with provisions of the 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.

Paragraph (g)(1)(ii) requires that the employer deenergize, disconnect, lockout and tag, block-off
or otherwise prevent operation of all mechanical, electrical, hydraulic, and pneumatic equipment
which presents a danger to employees inside grain storage structures.
Paragraphs (i)(1) and (i)(2) require the employer to inform contractors performing work at the
grain handling facility of known potential fire and explosion hazards related to the contractor’s
work and work area and to explain to the contractor the applicable provisions of the emergency
action plan.
Paragraph (j)(1) requires the employer to develop and implement a written housekeeping
program that establishes the frequency and method(s) determined best to reduce accumulations
of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces.
Under paragraph (m)(1), the employer is required to implement preventive maintenance
procedures consisting of regularly scheduled inspections of at least the mechanical and safety
control equipment associated with dryers, grain stream processing equipment, dust collection
equipment including filter collectors, and bucket elevators. Paragraph (m)(3) requires a
certification be maintained of each inspection.
Paragraph (m)(4) requires the employer to implement procedures for the use of tags and locks
which will prevent the inadvertent application of energy or motion to equipment being repaired,
serviced, or adjusted.
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 written housekeeping program is used by employers in understanding their duties and
responsibilities as an integral part of an overall program to control dust; and, what specific
actions they are to take to reduce dust accumulations at the facility. The written housekeeping
program is also used by compliance officers as a measure of compliance to compare the planned
actions specified in the housekeeping program to those actually implemented to maintain an
effective dust control program.
Failure to have a written housekeeping program would result in the absence of a formalized
policy on the part of the employer regarding the importance of the facility dust control program,
what actions are to be taken during certain circumstances, and the duties and responsibilities of
employees in removing dust accumulations. The absence of these factors could adversely impact
the effectiveness of the facility dust control program.
Additionally, if an incident occurs, employees should be aware of the appropriate actions in
advance that need to be taken during the emergency. The hot work permit is to assure that the
employer is aware of the hot work being performed and that appropriate safety precautions have
been taken prior to beginning the work. The permit for entering bins, silos, or tanks is to assure
that employers and employees know if these spaces are safe to enter, and the requirement to
deenergize equipment which presents a danger to employees entering these bins, silos, or tanks is
to assure that employees are not injured due to accidental energization of equipment.
2

The procedures for the use of tags and locks while servicing equipment is meant to prevent
inadvertent injury to employees servicing equipment. Finally, the requirement for certification
records of maintenance inspections reiterates to the employer and employees that scheduled
inspections have been performed.
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 improved information technology when establishing and maintaining the
required record. OSHA wrote the paperwork requirements of the Standard in performanceoriented language, i.e., in terms of what data to record, 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 information collection requirements in the Standard are specific to each employer and
employee involved, and no other source or agency duplicates the 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 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 information collection frequencies specified by the Standard are the minimum frequencies
that the Agency believes is necessary to assure OSHA compliance officers that employees are
safe while performing duties in grain handling facilities.
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;

3

• 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.
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.

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 February 5, 2008 (73 FR 6742, Docket No. OSHA2008-0001) requesting public comment on its proposed extension of the information collection
requirements contained in the Grain Handling Facilities Standard (29 CFR 1910.272). This
notice was part of a preclearance consultation program 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
Standard. The Agency received no comments in response to its notice.
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 require the collection of
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

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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 require the collection of 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.

Burden-Hour and Cost Determinations
U.S. Department of Agriculture data indicate a decline over time in the number of off-farm grain
handling facilities. Data from 2006 indicates that the total number is now approximately 9,348. 2
Alternately, the structure of the grain mill industry has not changed substantially from the time
the 1987 Regulatory Impact Analysis (RIA) was formulated; thus, the Agency is retaining the
estimate of 9,000 feed mills 3 while updating the number of oil seed processing, flour, rice, and
animal food mills, for a total of 19,121 grain elevators and mills covered by the standard.

Grain Elevators:

8,829
301
167
51
9,348

Country
Inland-terminal
High-throughput inland-terminal
Export
Total

2

Source: “Off-Farm Grain Storage Capacity and Facilities.” Grain Stocks. National Agricultural Statistics
Service, Agricultural Statistics Board, United States Department of Agriculture, January 2007, Page 28. In
consultation with the NASS, OSHA was unable to identify updated statistics regarding the number of country,
inland-terminal, high-throughput inland-terminal, and export grain elevators. To determine updated values, OSHA
applied the same ratio of grain elevator types to the total number of grain elevators that existed in the previous ICR.
3

In consultation with the NASS, American Seed Trade Association, National Grain and Feed Association,
and the Grain Elevator and Processing Society, OSHA was unable to determine an updated estimate for the number
of feed mills in the U.S. However, considering the relatively small changes in structure and number of
establishments in other types of mills in the U.S., it is assumed that this estimate is still appropriate.
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Mills:

9,000
139
317
73
244
9,773

Feed mills
Oil seed processing 4
Flour mills 5
Rice mills 6
Dog and cat food mills 7
Total

9,348 grain elevators + 9,773 mills = 19,121 total facilities
Emergency action plan – 1910.272(d)
Housekeeping program – 1910.272(j)(1)
Procedures for tags and locks -- 1910.272(m)(4)
Because many mills are attached to elevators (the majority of employees in small and medium
feed mills are also employees of country elevators), facilities need to develop only one
plan/program/procedure per site. Since the standard has been in effect for some time and no new
facilities have been identified, OSHA is assuming that all of the facilities are currently in
compliance with the provisions except for an estimated 3 percent (19,121 facilities x .03 = (574))
that may need to modify their emergency action plans/housekeeping programs and tag and lock
procedures annually. OSHA estimates that it takes one hour to modify each of the three plans.
Burden hours:
Cost:

574 facilities x 3 hours modifications = 1,722 hours
1,722 burden hours x $46.17 8 = $79,505

Training --1910.272(e)(1)
The Agency has determined that the training provision is performance-oriented and; thus, not
subject to the implementing rules and guidelines of PRA-95. Therefore, there are no burden
hours or cost associated with this provision.

4

Source: U.S. Census Bureau, County Business Patterns, 2005. This includes those establishments in
NAICS 311222 and the portion of NAICS 311225 comprising “Soybean Oil Mills.”
5

NAICS 311211

6

NAICS 311212

7

NAICS 311111

8

The wage rate is for a Manager and is taken from the most recent data from Employer Cost for Employee
Compensation—June 2007, Bureau of Labor Statistics, U.S. Department of Labor. The wage rate includes fringe
benefits of 29 percent.
6

Hot work permit -- 1910.272(f)(1)
The employer is required to issue a permit for hot work unless the employer or the employer’s
representative is present while the hot work is performed; or in welding shops; or in hot work
areas located outside of the grain handling structure. OSHA estimates that 40 hot work
operations are conducted yearly by each facility but only half will require a permit to be issued.
OSHA estimates that it takes three minutes (.05 hour) for a manager to generate and maintain the
permit.
Burden hours:

19,121 facilities x 50% permits issued x 40 hot work
operations x .05 hour = 19,121 hours

Cost:

19,121 burden hours x $46.17 = $882,817

Permit for entering bins, silos or tanks --1910.272(g)(1)(i)
Deenergization of equipment -- 1910.272(g)(1)(ii)
These sections apply to entry into grain storage structures. To enter, an employer must issue a
permit unless the employer or the employer’s representative is present during the entire
operation. Based on previous information provided by an OSHA area office and a grain dealer
association, OSHA estimates that at country elevators, entry into grain storage structures may
occur 4 times a year. OSHA also estimates that the majority of country grain elevators are small
employers and choose to have their representative present (in lieu of issuing a permit) during
these non-routine operations. Therefore, OSHA believes that no more than 25 percent of these
small (country elevator) employers would issue a permit. For all other elevators (i.e., inlandterminals, high-throughput inland terminals, and export) [301 + 167 + 51 = 519], OSHA
estimates that entries are conducted, on average, 100 times per year and that a permit is always
issued. OSHA estimates that it takes three minutes (.05 hour) to prepare and maintain the
permit.
Burden hours:

(8,829 facilities x .25 = 2,207) x 4 permits issued x .05
hour = 441 hours

Cost:

441 burden hours x $46.17 = $20,361

Burden hours:

519 facilities x 100 permits issued x .05 hour to
generate/maintain permit = 2,595 hours

Cost:

2,595 burden hours x $46.17 = $119,811

In addition, in order to enter the structure, all mechanical, electrical, hydraulic, and pneumatic
equipment which presents a danger to employees must be deenergized by disconnecting, locking
out and tagging, blocking off, or by other equally effective means or methods. OSHA estimates
that for each entry, equipment must be deenergized 100 percent of the time and is locked out and
tagged to meet the standard. OSHA estimates it takes 2 minutes (.03 hour) to affix a tag.

7

Burden hours:

8,829 facilities x 4 entries x .03 hour to affix tag = 1,060
hours

Cost:

1,060 burden hours x $46.17 = $48,940

Burden hours:

519 facilities x 100 entries x .03 hour to affix tag = 1,557
hours

Cost:

1,557 burden hours x $46.17 = $71,887

Contractors -- 1910.272(i)(1) and 1910.272(i)(2)
OSHA believes that it is a usual and customary practice for employers to inform contractors
performing work at grain handling facilities of known potential fire and explosion hazards;
however, for 85% of the total number of facilities, employers will expend 15 minutes (.25 hour)
to provide necessary information to contractors regarding the employer’s emergency response
plan.
Burden hours:

19,121 facilities x 85% x .25 hour = 4,063 hours

Cost:

4,063 burden hours x $46.17 = $187,589

Preventive maintenance inspections/certification record -- 1910.272(m)
This certification refers to regularly scheduled inspections of at least the mechanical and safety
control equipment associated with dryers, grain stream processing equipment, dust collection
equipment including filter collectors, and bucket elevators. OSHA has used the total number of
facilities (19,121) for the assignment of equipment. OSHA also estimates that it will take three
minutes (.05 hour) to generate and maintain the certification record.
Bulk raw grain dryers (applies to elevators only), one dryer per elevator.
Burden hours:

9,348 dryers x 12 inspections/year = 112,176 inspections
112,176 inspections x .05 hour = 5,609 hours

Cost:

5,609 burden hours x $46.17 = $258,968

Grain stream processing equipment is found in both elevators and mills for the removal of
ferrous material from the incoming grain stream (hammer mills, grinders, and pulverizers are
also found in elevators and mills). For these elevators, it is estimated there is one stream per
facility, except for the 519 larger elevators (non-country) (estimated average 10 per larger
elevator).

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Burden hours:

(19,121 – 519) + (519 x 10) = 23,792 streams
23,792 streams x 12 inspections/year = 285,504 inspections
285,504 inspections x .05 hour = 14,275 hours

Cost:

14,275 burden hours x $46.17 = $659,077

Dust collection (elevators and mills), one system per facility.
Burden hours:

19,121 x 12 inspections/year = 229,452 inspections
229,452 inspections x .05 hour = 11,473 hours

Cost:

11,473 burden hours x $46.17 = $529,708

Bucket elevators (applies to elevators only), one bucket elevator per elevator except for
larger elevators (non-country); estimated 10 bucket elevators per larger elevator.
Burden hours:

8,829 + (519 x 10) = 14,019 bucket elevators
14,019 bucket elevators x 12 inspections/year = 168,228
inspections
168,228 inspections x .05 hour = 8,411 hours

Cost:

8,411 burden hours x $46.17 = $388,336

OSHA is not taking a burden for the time it takes to do the inspection. As stated in 5 CFR part
1320.3(b)(2), “the time, effort, and financial resources necessary to comply with a collection of
information that would be incurred by persons in the normal course of their activities will be
excluded from the burden.” Conducting these inspections is a usual and customary business
practice based on consensus code, insurance code and industry association recommendations.
Disclosure of Certification Records
OSHA believes that approximately 268 establishments covered by the Standard 9 will be subject
to an OSHA inspection and required to disclose certification records annually (see Item 14
below). OSHA estimates that it will take a supervisor 2 minutes (.03 hour) to disclose the
requested information.
Burden hours:

268 inspections x .03 hour = 8 hours

Cost:

8 burden hours x $46.17 = $369

9

The Agency estimated the number of inspections by determining the inspection rate (1.4%) for all
employers under the jurisdiction of the OSH Act (including both Federal OSHA and approved state-plan agencies)
and then multiplying the total number of facilities covered by the Standard (i.e., 19,121 facilities x 1.4% = 268
inspections).
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TOTAL BURDEN HOURS:
TOTAL COST:

70,355 hours
$3,247,368

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.

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 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 $37.89,
spends about 5 minutes (.08 hour) during an inspection reviewing the documents required by the
Standard. The Agency determines that its compliance officers will conduct an estimated 268
inspections during each year covered by this ICR. 10 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 the Standard. Therefore, the total cost of
these paperwork requirements to the Federal government is:
Cost: 268 inspections x .08 hour x $37.89 = $812

10

See footnote 9.

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

OSHA is requesting an adjustment decrease in the number of burden hours from 73,572 hours to
70,355 hours for a total decrease of 3,217 hours. This adjustment decrease is a result of a decline
in the number of grain elevators and mills. Table 1 below explains the proposed reduction.
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.

There are no forms which 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 such an exception

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Table 1
Requested Burden Hour Adjustments

Information Collection
Requirement
Emergency action plan - 1910.272(d)

Current
Burden
Hours

Requested
Burden
Hours

Adjustment
to Hours

1,782

1,722

-60

$79,505

574

0

0

0

$0

0

19,791

19,121

-670

$882,817

382,420

Adjustment decrease is a result of the
decline in the number of grain elevators
and mills.

472

441

-31

$20,361

8,829

2,775

2,595

-180

$119,811

51,900

Adjustment decrease is a result of the
decline in the number of grain elevators
and mills.

1,133

1,060

-73

$48,940

35,316

1,665

1,557

-108

$71,887

51,900

Cost Under
Item 12

Responses

Explanation of Adjustment
Adjustment reduction due to a decline in
the number of grain elevators and mills
from 19,791 to 19,121.

Housekeeping program
-- 1910.272(j)
Procedures for tags and
locks --1910.272(m)(4)
Training –
1910.272(e)(1)
Hot work permit -1910.272(f)(1)
Permit for entering bins,
silos or tanks-1910.272(g)(1)(i)
Deenergization of
equipment -1910.272(g)(1)(ii)

12

No change.

Current
Burden
Hours

Requested
Burden
Hours

Adjustment
to Hours

Contractors –
1910.272(i)(1) and
1910.272(i)(2)

4,206

4,063

-143

$187,589

16,253

Adjustment decrease is a result of the
decline in the number of grain elevators
and mills.

Preventive maintenance
inspections/certification
record -- 1910.272(m)

5,998

5,609

-389

$258,968

112,176

14,872

14,275

-597

$659,077

285,504

Adjustment decrease is a result of the
decline in the number of grain elevators
and mills.

11,875

11,473

-402

$529,708

229,452

8,995

8,411

-584

$388,336

168,228

8

8

0

$369

268

73,572

70,355

-3,217

$3,247,368

1,342,820

Information Collection
Requirement

Disclosure of
Certification Records

TOTALS

Cost Under
Item 12

13

Responses

Explanation of Adjustment

No change.