Ss_1218-0199 (01-05-10)

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS OF THE
STANDARD ON WALKING AND WORKING SURFACES
(29 CFR PART 1910, SUBPART D) 1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
CONTROL NUMBER 1218-0199
(January 2010)

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).

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 the authority granted by the Act, the Occupational Safety and Health Administration (i.e.,
“OSHA” or “the Agency”) published at 29 CFR part 1910, subpart D, a standard for general
industry titled “Walking and Working Surfaces” (i.e., “the Standard"). Items 2 and 12 below
describe in detail the specific information collection requirements of the Standard.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection,
indicate the actual use the agency has made of the information received from the current collection.

The collections of information contained in the Walking and Working Surfaces Standard are
necessary to protect workers from the collapse of overloaded floors, outrigger scaffolds, and the
failure of defective portable metal ladders.
Paragraph 1910.22(d)(1) requires that in every building or other structure, or part thereof, used
for mercantile, business, industrial, or storage purposes, the loads approved by the building
official shall be marked on plates of approved design which shall be supplied and securely
affixed by the owner of the building, or his duly authorized agent, in a conspicuous place in each
space to which they relate. Such plates shall not be removed or defaced but, if lost, removed, or
defaced, shall be replaced by the owner or his agent.
Under paragraph 1910.26(c)(2)(vii), portable metal ladders having defects are to be marked and
taken out of service until repaired by either the maintenance department or the manufacturer.
Paragraph 1910.28(e)(3) specifies that unless outrigger scaffolds are designed by a licensed
professional engineer, they shall be constructed and erected in accordance with table D-16 of this
section. A copy of the detailed drawings and specifications showing the sizes and spacing of
members shall be kept on the job.
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 worker
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, describe the methods used
to reduce the burden.

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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, as well as 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 by the Act at 29 U.S.C. 651.
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;

·

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.
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.

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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 October 29, 2009 (74 FR 55858, Docket No.
OSHA-2009-0033) requesting public comment on its proposal to extend the Office of
Management and Budget’s approval of the information collection requirements contained in the
Standard on Walking and Working Surfaces (29 CFR part 1910, subpart D). 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.
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 and aggregate the hour burdens.

·

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.

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Burden-Hour and Cost Determinations
Using U.S. Census Bureau, Statistics of U.S. Businesses, 2006, Bureau of Labor Statistics,
Occupational Employment Statistics, 2008, OSHA estimates that there are 6.7 million
establishments and 112 million affected workers. The Agency assumes, on average, that there is
one portable metal ladder for each establishment.
Data from the Census Bureau indicates that there is a 12.4 percent annual turnover rate of
establishments in the private sector. 2 The Agency estimates that 830,800 new places of
employment are constructed each year. Of these 830,800 new places of employment, OSHA
estimates that only five percent (41,540) are non-commercial (e.g., manufacturing, etc.).
With respect to the wage and fringe benefit rate data for the one occupational category involved
in the information collection requirements described below (i.e., average production worker), the
hourly wage rate and benefits data were taken from Employer Costs for Employee
Compensation—June 2008, Bureau of Labor Statistics, United States Department of Labor,
Occupational Employment Statistics, June 2008.
•

Average Production Worker

$22.89

(A) § 1910.22(d)(1) -- Load Limit Marking
OSHA estimates that approximately 80 percent of non-commercial places of employment
(33,232) would already be required by local building officials to post floor loading limit signs
even if OSHA did not have the requirement to do so. This would leave 8,308 new places of
employment that would need these signs to meet OSHA requirements. In addition, while the
Standard requires that plates be securely affixed, the Agency recognizes that, on rare occasions,
some of the signs which have already been posted may need to be reposted if they are lost,
removed or defaced. OSHA has no information on the number of signs which may have to be
replaced. Therefore, for purposes of this ICR, the Agency estimates that approximately 100
places of employment may have signs that become lost, removed or defaced requiring the owner
to have to repost the signs. OSHA estimates that it will take 20 minutes (.33 hr.) for an average
production worker to acquire a replacement sign and to post it.
Burden hours: (8,308 + 100) x .33 hour = 2,775 hours
Cost: 2,775 hours x $22.89 = $63,520

2

Technically, this is referred to as the “birth” rate of establishments. 2005-2006 Statistics of U.S. Business
dynamic data at http://www.census.gov/csd/susbdyn.htm.

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(B) § 1910.26(c)(2)(vii) -- Marking of Portable Metal Ladders Having Defects
The Agency assumes, on average, each establishment has at least one portable metal ladder
(6,700,000) and that when the ladder becomes defective most employers simply dispose of the
ladder rather than repair it. OSHA estimates that only 3 percent of the ladders (201,000) will be
defective and only a third (33%) of the defective ladders (67,000) will be marked with a tag and
serviced by either the maintenance department or the manufacturer.
OSHA estimates that it would take three minutes (.05 hour) for an average production worker to
mark a defective ladder.
Burden hours: 67,000 ladders x .05 hour = 3,350 hours
Cost: 3,350 hours x $22.89 = $76,682
(C) § 1910.28(e)(3) -- Maintaining and Disclosing Drawings and Specifications of
Outrigger Scaffolds Designed by a Registered Professional Engineer
OSHA does not believe that outrigger scaffolds are used in general industry. Therefore, the
Agency is assuming zero burden hours and costs for this provision. 3
13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the
collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)

The estimates of the total annual cost burdens to respondents or record keepers resulting from
this collection of information are included in Item 12.
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), 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), at an hourly wage rate of $40.66,
spends about five minutes (.08 hour) during an inspection reviewing the documents required by
the Standard. The Agency determines that its compliance officers will conduct about 1,056
inspections during each year covered by this ICR. 4 OSHA 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
annual total cost of these paperwork requirements to the Federal government is:
3

The Agency published a Notice of Proposed Rulemaking in 1990 (55 FR 13360) and then reopened the
record in 2003 (68 FR 23528). Due to numerous comments, OSHA has re-proposed the rule for 29 CFR part 1910,
subpart D. At this time, the Agency is considering removing this provision.
4

OSHA estimated the number of inspections by multiplying its inspection rate (1.4%) by the number of
establishments covered by this ICR (75,408) (i.e., 75,408 establishments x 1.4% = 1,056 inspections).

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Cost: 1,056 inspections x .08 hour x $40.66 = $3,435
15. Explain the reasons for any program changes or adjustments.

The Agency is requesting an adjustment increase of 4,932 burden hours (from 1,193 to 6,125).
The increase in hours is due to an increase in the number of establishments from 10,000 to
41,540. See Table 1 below.
16. For collections of information whose results will be published, outline plans for tabulations, 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 of 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 inappropriate.

No forms are available for the Agency to display the expiration date.
18. Explain each exception to the certification statement.

OSHA is not seeking an exception to the certification.
Table 1 -- Summary of Burden Hours and Cost
Information Collection
Requirement

Existing
Burden
Hours

Requested
Burden
Hours

Adjustments

Estimated
Cost

Responses

1

§ 1910.22(d)(1) -- Load
Limit Marking

693

2,775

2,082

$63,520

8,408

2

§ 1910.26(c)(2)(vii) -Marking of Portable Metal
Ladders Having Defects

500

3,350

2,850

$76,682

67,000

3

§ 1910.28(e)(3) -Maintaining and Disclosing
Drawings and
Specifications of Outrigger
Scaffolds Designed by a
Registered Professional
Engineer

0

0

0

0

0

Total

1,193

6,125

4,932

$140,202

75,408

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