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pdfSUPPORTING STATEMENT FOR THE INFORMATION
COLLECTION REQUIREMENTS FOR THE STANDARD
ON PERMIT-REQUIRED CONFINED SPACES (29 CFR 1910.146) 1
(OFFICE OF MANAGEMENT AND BUDGET (OMB))
CONTROL NO. 1218-0203 (January 2009)
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 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 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).
Under the authority granted by the Act, the Occupational Safety and Health Administration (i.e.,
“OSHA” or “the Agency”) published at 29 CFR 1910.146 a safety standard for general industry
regulating permit-required confined spaces (i.e., “the Standard"). The paperwork provisions of
the Standard specify requirements for developing and maintaining inspection records. Items 2
and 12 below describe in detail the specific information collection 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, these provisions.
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 a number of collection of information requirements. The collections of
information are used by employers and employees whenever entry is made into permit-required
confined spaces. The following sections describe who uses the information collected under each
requirement, as well as how they use it. The purpose of the information is to ensure that
employers systematically evaluate the dangers in permit spaces before entry is attempted, and to
ensure that adequate measures are taken to make the spaces safe for entry. In addition, the
information is needed to determine, during an OSHA inspection by a compliance safety and
health officer, if employers are in compliance with the Standard.
Section 1910.146(c)(2) requires the employer to post danger signs to inform exposed employees
of the existence and location of, and the danger posed by, permit spaces.
Section 1910.146(c)(4) requires the employer to develop and implement a written “permit-space
program” when the employer decides that its employees will enter permit-spaces. The written
program is to be made available for inspection by employees and their authorized
representatives. Section 1910.146(d) provides the employer with the requirements of a permitrequired confined space program (“permit-space program”) required under this paragraph.
Section 1910.146(c)(5)(i)(E) requires that the determinations and supporting data specified by
paragraphs (c)(5)(i)(A), (c)(5)(i)(B), and (c)(5)(i)(C) of this section are documented by the
employer and are made available to each employee who enters a permit space or to that
employee’s authorized representative.
Under paragraph (c)(5)(ii)(H) of §1910.146, the employer is required to verify that the space is
safe for entry and that the pre-entry measures required by paragraph (c)(5)(ii) of this section
have been taken, using a written certification that contains the date, the location of the space, and
the signature of the person providing the certification. The certification is to be made before
entry and is required to be made available to each employee entering the space or to that
employee’s authorized representative.
Section 1910.146(c)(7)(iii) requires the employer to document the basis for determining that all
hazards in a permit space have been eliminated using a certification that contains the date, the
location of the space, and the signature of the person making the determination. The
certification is to be made available to each employee entering the space or to that employee’s
authorized representative.
Section 1910.146(c)(8)(i) requires that the employer inform the contractor that the workplace
contains permit spaces and that permit space entry is allowed only through compliance with a
permit space program meeting the requirements of this section. Section 1910.146(c)(8)(ii)
requires that the employer apprise the contractor of the elements, including the hazards identified
and the host employer's experience with the space, that make the space in question a permit
space. Section 1910.146(c)(8)(iii) requires that the employer apprise the contractor of any
2
precautions or procedures that the host employer has implemented for the protection of
employees in or near permit spaces where contractor personnel will be working. Section
1910.146(c)(8)(v) requires the employer to debrief the contractor at the conclusion of the entry
operations regarding the permit space program followed and regarding any hazards confronted or
created in permit spaces during entry operations. 2
Section 1910.146(c)(9)(iii) requires that the contractor inform the host employer of the permit
space program that the contractor will follow and of any hazards confronted or created in permit
spaces, either through a debriefing or during the entry operation.2
Section 1910.146(d)(5)(vi) requires the employer to immediately provide each authorized entrant
or that employee's authorized representative with the results of any testing conducted in
accordance with paragraph (d) of this section.2
Section 1910.146(e)(1) requires the employer to document the completion of measures required
by paragraph (d)(3) by preparing an entry permit before employee entry is authorized. Paragraph
(f) of §1910.146 specifies the information to be included on the entry permit. Paragraph (e)(3)
requires that the employer make the completed permit available at the time of entry to all
authorized entrants by posting the permit at the entry portal or by any other equally effective
means, so that the entrants can confirm that pre-entry preparations have been completed.
Paragraph (e)(6) requires the employer to retain each canceled entry permit for at least one year.
Section 1910.146(g)(4) requires that the employer certify that the training required by
paragraphs (g)(1) through (g)(3) 3 has been accomplished by preparing a written certification
record.
Section 1910.146(k)(1)(iv) requires that the employer inform each rescue team or service of the
hazards they may confront when called on to perform rescue at the site.2
Section 1910.146(k)(2)(ii) requires that the employer train affected employees to perform
assigned rescue duties. The employer must ensure that such employees successfully complete the
training required to establish proficiency as an authorized entrant, as provided by paragraphs (g)
and (h) of this section. Section 1910.146(k)(2)(iii) requires that the employer train affected
employees in basic first-aid and cardiopulmonary resuscitation (CPR). The employer shall
ensure that at least one member of the rescue team or service holding a current certification in
first aid and CPR is available.3
2
This section identifies usual and customary communications between employers, contractors, and
employees; therefore, it does not impose burden hours or costs on the employer. For example, as a matter of
business practice, information about hazards and permit-confined spaces, etc., would be conveyed to contractors
during initial discussions of work to be performed.
3
The Agency concludes that the training required under §1910.146(g)(1) through (g)(3) and (k)(2)(ii) and
(k)(2)(iii) §1910.146(k) is written in performance-oriented language and, thus, not considered a collection of
information under the implementing rules and guidelines of PRA-95.
3
Section 1910.146(k)(4) requires that if an injured entrant is exposed to a substance for which a
Material Safety Data Sheet (MSDS) or other similar written information is required to be kept at
the worksite, that the employer make the MSDS or written information available to the medical
facility treating the exposed entrant. 4
Section 1910.146(l)(2) requires that employers make all information required to be developed by
this section available to affected employees and their authorized representatives.2
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 purpose(s) described in 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 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 effectively regulate permit-required confined spaces 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
in the Act at 29 U.S.C. 651. Accordingly, if employers do not perform the required information
collections, or delay in providing this information, employees may be subject to an increased risk
of death and serious injury when working in permit-required confined spaces.
7. Explain any special circumstances that would cause an information collection to be conducted in a
manner:
4
The burden hours and cost for MSDS accessibility is taken under OMB Control Number 1218-0072 (the
Hazard Communication Standard (HCS) ICR).
4
·
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;
·
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 prior to
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.
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 three 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 November 10, 2008 (73 FR 66683, Docket No.
OSHA-2008-0044) requesting public comment on its proposal to extend the Office of
Management and Budget’s approval of the information collection requirements found in the
Standard on Permit-Required Confined Spaces (29 CFR 1910.146). This notice was part of a
preclearance consultation program that provided the general public and government agencies
with an opportunity to comment. The Agency received no comments in response to its notice.
5
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.
None of the provisions in the Standard require 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.
·
Provide estimates of annualized cost to respondents for the hour burdens for collections of
information, identifying and using appropriate wage rate categories. The cost of contracting out or
paying outside parties for information collection activities should not be included here. Instead, this
cost should be included in item 14.
Burden-Hour and Cost Determinations
Estimates of the burden hours for each information collection requirement are shown below.
Information regarding the number of permit spaces, establishments with permit spaces, and
permit space entrants were based on information derived from Table II-1 of the Final Regulatory
Impact Analysis and Regulatory Flexibility Analysis (RIA) of the final Permit-Required
Confined Space Standard (58 FR 4542, January 14, 1993).
First, the Agency determined the ratio between the numbers of establishments with permit
spaces, permit spaces, and permit space entrants in the 1993 Analysis and then applied this ratio
to update the numbers of establishments with permit spaces, permit spaces, and permit space
entrants. Second, OSHA updated the Standard Industrial Classification (SIC) Codes used in the
1993 Analysis to the North American Industry Classification System (NAICS) codes 5 ; then used
5
See Table A at the end of this document for a complete list of establishments, permit-confined spaces, and
6
the number from the 2005 County Business Patterns Survey to determine the number of new
establishments. Third, OSHA applied the ratio from the 1993 Analysis to the new
establishments to arrive at new estimates for the number of permit spaces, establishments with
permit spaces, and permit space entrants.
The following hourly wage rates for the relevant occupational categories have been derived from
the National Compensation Survey (NCS), published by the Bureau of Labor Statistics. 6 These
wages have been adjusted to reflect the fact that fringe benefits comprise roughly 29.3 percent of
total employee compensation in the private sector. 7 The costs of labor used in this analysis are;
therefore, estimates of total hourly compensation. These hourly wages are:
•
•
•
(A)
Professional and/or Manager:
Secretary:
Non-supervisory laborer:
$47.65 8
$20.55 9
$28.21 10
Preparation of a "Danger--Permit Required Confined Space" Sign
(§ 1910.146(c)(2))
OSHA estimates that approximately 4,723,155 permit spaces are entered annually, half of which
(2,361,578) are susceptible to inadvertent entry and, therefore, must be marked by a warning
sign. Signs are expected to last five years (averaged out to an annual rate of 20 percent).
The language for the required warning sign is provided by the Standard (i.e., “Danger–PermitRequired Confined Space. Do Not Enter”). Therefore, in accordance with Section 1320.3(c)(2)
of the Paperwork Reduction Act of 1995 (PRA-95), this requirement does not fall within the
definition of a collection of information. However, OSHA allows the employer to use “similar”
language on the warning sign if desired. The Agency believes an employer would only rarely
opt for the similar language; therefore, for purposes of this supporting statement, OSHA
estimates that 2 percent of the susceptible spaces will include a warning sign with language other
than that provided by OSHA. OSHA estimates that it takes five minutes (.08 hour) for a laborer
to make up the language for these signs.
Burden hours: 2,361,578 spaces × .02 × .20 × .08 hour = 756 hours
permit-confined space entrants.
6
Source: Bureau of Labor Statistics, National Compensation Survey: Occupational Wages in the United
States, June 2005 Supplementary Tables. Published July 2006. Supplementary Table 1.1: United States, selected
occupations: Mean hourly earnings and percentiles, all workers, National Compensation Survey, June 2005.
7
Source: Bureau of Labor Statistics. Employer Costs for Employee Compensation – December 2007.
March 12, 2008.
8
Executive, administrative and managerial
9
Administrative support, including clerical
10
Precision, production, craft and repair
7
Cost: 756 hours × $28.21 = $21,327
(B)
Preparation of a written permit-space entry program (§§ 1910.146(c)(4) and
1910.146(d))
Employers whose employees enter permit spaces are required to develop, implement, and use an
entry permit system that includes written procedures describing how permits are to be issued at
the establishment. OSHA estimates that there are 219,456 establishments, with 4,723,155 permit
spaces, subject to these provisions. The RIA states that an employer without a written program
can expect to spend a minimum of 16 hours developing a written program. Since the Standard
has been in effect for a number of years, OSHA believes that existing establishments have
already prepared and implemented their permit-space entry program. The Agency has no
definitive number of new establishments that will be required to develop a written program;
therefore, the Agency is using an estimate of 5 percent of the total number of establishments
(10,973) to account for new establishments that must prepare a written permit space entry
program. For purposes of this paperwork package, OSHA is assuming that all “new”
establishments have no written program.
Burden hours: 10,973 new establishments × 16 hours = 175,568 hours
Cost: 175,568 hours × $47.65 = $8,365,815
(C)
Documentation of determinations and supporting data required for entries using
the alternative procedures (§ 1910.146(c)(5)(i)(E))
The Agency estimates that approximately 2,632,500 million permit spaces will be entered each
year under the alternative procedures allowed in paragraph (c)(5) of the Standard. 11 A
documentation of the determinations and supporting data (required by paragraphs (c)(5)(i)(A),
(c)(5)(i)(B), and (c)(5)(i)(C)) for each entry under the alternative procedures must be maintained
by the employer and disclosed to each employee who enters a permit space. OSHA believes that
the process takes 15 minutes (.25 hour); accordingly, the Agency estimates that the total annual
burden hours and cost of documenting determinations and supporting data required for entries
using the alternative procedures is:
Burden hours: 2,632,500 permit spaces to be entered annually using the alternative
procedures × .25 hour required to complete documentation = 658,125
hours
Cost: 658,125 hours × $28.21 = $18,565,706
(D)
Written certification for the alternative procedures (§ 1910.146(c)(5)(ii)(H))
11
The previous ICR estimated that there were 2.7 million permit spaces entered each year under the
alternative procedures discussed in this section. Given that the total number of permit spaces has declined by 2.5
percent, it was assumed that the number of permit spaces discussed in this section have declined by 2.5 percent as
well.
8
OSHA believes that approximately 2,632,500 permit spaces will be entered each year under the
abbreviated permit system. A written certificate must be prepared in accordance with paragraph
(c)(5)(ii)(H) of the Standard for each of these entries. OSHA estimates that it will take three
minutes (.05 hour) to generate and maintain the written certification (one-year retention).
Burden hours: 2,632,500 permit spaces × .05 hour to generate and maintain the written
certificate = 131,625 hours
Cost: 131,625 hours × $28.21 = $3,713,141
(E)
Written certification that all hazards have been eliminated (reclassification of a
permit space) (§ 1910.146(c)(7)(iii))
The Agency estimates that approximately 195,000 permit spaces will be reclassified each year
under paragraph (c)(7) of the Standard. 12 A certificate must be prepared in accordance with
paragraph (c)(7)(iii) for each of these entries. OSHA estimates that it takes 3 minutes (.05 hour)
to generate and maintain the certification.
Burden hours: 195,000 permit spaces to be entered annually under the reclassification ×
.05 hour to generate and maintain (one year retention) = 9,750 hours
Cost: 9,750 hours × $28.21 = $275,048
(F)
Written entry permits (§ 1910.146(e))
OSHA estimates that approximately 1,852,500 permit spaces will be entered each year under the
full permit system. 13 A complete written permit, prepared in accordance with paragraph (f) of
the standard, must be generated for each of these entries, made available to authorized entrants
by posting it, and retained for one year. Employers must note any problems encountered during
an entry operation on the permit so that appropriate revisions to the permit space program can be
made. The Agency estimates it takes an average of 15 minutes (.25 hour) for a non-supervisory
employee to generate, post, and maintain each entry.
Burden hours: 1,852,500 permit spaces × .25 hour = 463,125 hours
Cost: 463,125 hours × $28.21 = $13,064,756
(G)
Certification of training (§ 1910.146(g)(4))
A certification record of training must be maintained for all existing employees. Accordingly,
OSHA estimates that there are approximately 1,567,395 employees who enter permit spaces
annually. OSHA believes that each year 10 percent of these employees (156,740) are considered
12
The previous ICR estimated that there were 200,000 permit spaces covered under this paragraph. As
discussed above, the Agency assumes that the number of permit spaces discussed in this section decreased by 2.5
percent.
13
The previous ICR estimated that there were 1.9 million permit spaces covered under this paragraph. As
discussed above, the Agency assumes that the number of permit spaces discussed in this section decreased by 2.5
percent.
9
new employees or are assigned new duties that will require that they receive new training. A
new record of training must be generated and maintained for these employees.
OSHA believes it takes one minute (.02 hour) for a secretary to maintain the training
certification for each existing employees), and three minutes (.05 hour) to generate and maintain
the training certification for new or retrained employees. Thus, the burden hours for this
provision are:
Burden hours: (1,567,395 – 156,740) = 1,410,655 existing employees × .02 hour to
maintain record = 28,213 hours
hours
Cost: 28,213 hours × $20.55 = $579,777
Burden hours: 156,740 new/retrained employees × .05 hour to generate and maintain
record = 7,837 hours
Cost: 7,837 hours × $20.55 = $161,050
(H)
Disclosure of written certifications and training certification records (§ 1910.146
(c)(5)(ii)(H), (c)(7)(iii) and (g)(4))
OSHA believes that approximately 3,072 establishments covered by the Standard may be subject
to an OSHA inspection, and that the employer may be required to disclose certification records
annually (see Item 14 below). 14 OSHA estimates that it will take a manager 2 minutes (.03 hour)
to disclose all records.
Burden hours: 3,072 establishments inspected × .03 hour to disclose records = 92 hours
Cost: 92 hours × $47.65 = $4,384
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 services 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
14
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 agencies),
and then multiplying the total number of establishments regulated under the Standard by this percentage (i.e.,
219,456 establishments x 1.4% = 3,072 establishment inspected per year).
10
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 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 $37.89,
spends about five minutes (.08 hour) during an inspection reviewing the documents required by
the Standard. The Agency determines that its compliance officers will inspect about 3,072
establishments that operate permit-required confined spaces regulated by the Standard during
each year covered by this ICR (see (H) under item number 12). 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: 3,072 inspections × .08 hour × $37.89 = $9,312
15. Explain the reasons for any program changes or adjustments.
OSHA is proposing to decrease the existing burden hour estimate for the collection of
information requirements specified by the Standard from 1,523,763 hours to 1,475,091 hours, a
total adjustment decrease of 48,672 hours. The decrease was due to a reduction, based on
updated data, of the number of permit spaces, the number of establishments with permit spaces,
and the number of permit space entrants (see Table A). Table B explains the proposed
adjustment decrease in more detail.
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.
11
18. Explain each exception to the certification statement in ROCIS.
OSHA is not seeking an exception to the certification statement in ROCIS
12
Table A: Profile of Affected Establishments and Employees i
SIC
(1992)
NAICS
(2002)
Total # of
Establishments ii
# of
Establishments
with Permit
Spaces iii
Agricultural Services
07
115
10,639
5,936
43,333
25,554
Oil & Gas Extraction
13
211
7,390
3,643
4,372
4,007
Food and Kindred Products
20
311
25,785
12,686
176,335
123,054
Tobacco Products
21
3122
140
85
952
2,474
Textile Mill Products
22
314
3,411
313
6,891
2,606
29,708
48,732
Wood Products (except furniture)
24
321
16,707
4,795
18,221
50,121
Furniture and Fixtures
25
337
21,563
9,725
48,625
65,158
Paper Products
26
322
5,273
3,612
78,380
37,926
Printing and Publishing
27
323
34,385
24
106
48
Chemicals & Allied Products
28
325
13,220
8,924
188,296
79,424
Petroleum Refining
29
324
2,362
1,828
104,196
17,366
Rubber Products
30
326
14,707
5,839
133,713
133,129
Leather and Leather Products
31
316
1,414
105
357
735
Stone, Clay, Glass & Concrete
32
327
16,908
12,782
173,835
115,038
Primary Metals Industry
33
331
5,362
2,300
29,210
46,690
Fabricated Metal Products
34
332
59,053
13,700
143,850
54,800
Industry
# of
Permit
Spaces iv
Number of
Permit Space
Entrants v
SIC
(1992)
NAICS
(2002)
Total # of
Establishments ii
# of
Establishments
with Permit
Spaces iii
Machinery, Except Electrical
35
333
26,723
2,138
17,104
57,726
Electric/Electronic Equipment
36
334 (50%)
7,371
5,307
142,228
89,158
335
6,201
336
12,694
3,719
1,223,179
35,702
325992
386
333315
276
47
663
376
33991
2,807
33992
2,052
828
29,228
5,382
33993
811
Industry
Transportation Equipment
37
Instruments & Related Products
386
391
Miscellaneous Manufacturing
394
# of
Permit
Spaces iv
Number of
Permit Space
Entrants v
Motor Freight Transportation
42
484
117,224
15,356
211,913
42,997
Electric, Gas, Sanitary Services
49
22
17,326
24,586
1,362,064
228,650
Wholesale Trade – Durable
50
423
245,898
1,967
2,833
2,360
515
4245
6,754
516
4246
12,569
23,457
260,373
124,322
517
4247
7,302
5198
424950
2,192
54
445
153,335
8,587
8,587
8,587
5983
454311
4,481
6,929
27,023
10,394
Wholesale Trade – Nondurable
Food Stores
Miscellaneous Retail
14
Industry
SIC
(1992)
NAICS
(2002)
Total # of
Establishments ii
# of
Establishments
with Permit
Spaces iii
# of
Permit
Spaces iv
Number of
Permit Space
Entrants v
(76%)
5984
454312
(82%)
5,861
Real Estate (Commercial)
65
531
302,453
17,845
58,886
16,239
Hotels/Other Lodging
701
7211
52,933
6,458
98,162
101,391
Personal Service
721
8123
43,001
3,321
22,915
6,642
561740
8,887
8112
13,411
8113
24,724
685
733
685
8114
24,175
Miscellaneous Repair Services
76
15
Industry
Motion Pictures
Health Services
SIC
(1992)
NAICS
(2002)
Total # of
Establishmentsii
# of
Establishments
with Permit
Spacesiii
# of
Permit
Spacesiv
Number of
Permit Space
Entrantsv
7812
512110
12,419
12
36
72
806
622
7,081
6215
11,856
9,366
81,391
30,908
339116
7,225
712
6,980
258
2,348
1,548
1,392,618
219,456
4,723,155
1,567,395
807
Museums, Botanical Gardens, Zoos
84
Totals
i
Source: U.S. Department of Labor, Occupational Safety and Health Administration, Office of Regulatory Analysis. Final Regulatory Impact Analysis and
Regulatory Flexibility Analysis of the Final Permit-Required Space Standard (§1910.146, Subpart J). Table I-1: Profile of Affected Establishments and Employees.
December 1992. Supplemented where possible by information derived from: CONSAD Research Corporation. Development of Industry Profile Data for OSHA’s
Draft Proposed Standard for Permit Entry Confined Spaces. May 20, 1988.
ii
iSource: 2005 County Business Patterns Survey. This value represents the total number of establishments in the indicated NAICS code.
iii
Values in this column were calculated using the ratio of the number of establishments with permit spaces (in Table I-1) to total firms in the specified SIC
according to the 1992 Economic Census. This ratio was then applied to the total number of establishments listed in the preceding column.
iv
Values in this column were calculated using the ratio of permit spaces to establishments with permit spaces as described in Table I-1. This ratio was then
applied to the updated number of establishments with permit spaces listed in the preceding column.
v
Values in this column were calculated using the ratio of permit space entrants to establishments with permit spaces as described in Table I-1. This ratio was
then applied to the updated number of establishments with permit spaces.
16
Table B
Proposed Burden Hours
Information Collection
Requirement
Current
Burden
Hours
775
Proposed
Burden
Hours
756
Adjustment
(Hours)
-19
$21,327
(B) Preparation of a
written permit-space entry
program (§§ 1910.146
(c)(4) and 1910.146(d))
191,088
175,568
-15,520
$8,365,815
(C) Documentation of
determinations and
supporting data required
for entries using
alternative procedures
(§ 1910.146(c)(5)(i)(E))
675,000
658,125
-16,875
$18,565,706
(D) Written certification
for alternative procedures
(§ 1910.146(c)(5)(ii)(H))
135,000
131,625
-3,375
$3,713,141
(A) Preparation of a
"Danger--Permit Required
Confined Space" Sign
(§ 1910.146(c)(2)))
Cost Under
Item 12
−17−
Responses
Explanation of Adjustment
9,446 Based on updated data, there was a
reduction in the number of permit
spaces (from 9,690 to 9,446) which
may need to have a sign prepared
warning that the space is unsafe for
entry.
10,973 Based on updated data, there was a
reduction in the number of new
establishments (from 11,943 to 10,973)
that need to prepare a written permit
entry program.
2,632,500 Based upon updated data, there was a
reduction in the number of new
establishments (from 11,943 to 10,973)
that need to prepare documentation for
spaces being entered using alternative
procedures.
2,632,500 Based upon updated data, there was a
reduction in the number of permit
spaces being entered under the
abbreviated permit system (from
2,700,000 to 2,632,500) that need to
prepare written documentation.
Information Collection
Requirement
(E) Written certification
that all hazards have been
eliminated (reclassification
of a permit space)
(§ 1910.146(c)(7)(iii))
(F) Written entry permits
(§ 1910.146(e))
(G) Certification of
training
(§ 1910.146(g)(4))
Current
Burden
Hours
10,000
Proposed
Burden
Hours
9,750
Adjustment
(Hours)
Cost Under
Item 12
-250
$275,048
475,000
463,125
-11,875
$13,064,756
28,800
28,213
-587
$579,777
8,000
7,837
-163
$161,050
−18−
Responses
Explanation of Adjustment
195,000 Based upon updated data, there was a
reduction in the number of permit
spaces which will be reclassified each
year (from 200,000 to 195,000).
1,852,500 Based upon updated data, there was a
reduction in the number of permit
spaces being entered which will
require a complete written permit
generated and posted (from 1,900,000
to 1,852,500).
1,410,655 Based upon updated data, there was a
slight decrease in the number of permit
156,740 space entrants (from 1,600,000 to
1,567,395). The Agency estimates that
10 percent of these employees
(156,740) will be considered “new” or
are assigned to duties that will require
new training. A training certification
record will have to be generated and
maintained for these employees. The
employer will need only to maintain
the training record for the remaining
“existing” (1,410,655) employees.
Information Collection
Requirement
(H) Disclosure of written
certifications and training
certification records
(§§ 1910.146 (c)(5)(ii)(H),
(c)(7)(iii) and (g)(4))
TOTALS
Current
Burden
Hours
100
Proposed
Burden
Hours
92
Adjustment
(Hours)
Cost Under
Item 12
-8
$4,384
1,523,763
1,475,091
-48,672
$44,751,004
Responses
Explanation of Adjustment
3,072 The disclosure burden assumes that a
specific percentage (1.4%) of the
219,456 establishments (3,052)
covered by the Standard will be subject
to an OSHA inspection, and that a
manager will disclose the documents to
an OSHA compliance officer during
the inspection.
8,903,386
i
Source: U.S. Department of Labor, Occupational Safety and Health Administration, Office of Regulatory Analysis. Final Regulatory Impact Analysis
and Regulatory Flexibility Analysis of the Final Permit-Required Space Standard (§1910.146, Subpart J). Table I-1: Profile of Affected Establishments and
Employees. December 1992. Supplemented where possible by information derived from: CONSAD Research Corporation. Development of Industry Profile
Data for OSHA’s Draft Proposed Standard for Permit Entry Confined Spaces. May 20, 1988.
ii
Source: 2005 County Business Patterns Survey. This value represents the total number of establishments in the indicated NAICS code.
iii
Values in this column were calculated using the ratio of the number of establishments with permit spaces (in Table I-1) to total firms in the specified
SIC according to the 1992 Economic Census. This ratio was then applied to the total number of establishments listed in the preceding column.
iv
Values in this column were calculated using the ratio of permit spaces to establishments with permit spaces as described in Table I-1. This ratio was
then applied to the updated number of establishments with permit spaces listed in the preceding column.
v
Values in this column were calculated using the ratio of permit space entrants to establishments with permit spaces as described in Table I-1. This ratio
was then applied to the updated number of establishments with permit spaces.
−19−
| File Type | application/pdf |
| File Title | SUPPORTING STATEMENT FOR |
| Author | OSHA_User |
| File Modified | 2009-01-21 |
| File Created | 2009-01-21 |