Ss_1218-0072 (10-30-09)

SUPPORTING STATEMENT FOR
THE INFORMATION COLLECTION REQUIREMENTS OF
THE HAZARD COMMUNICATION STANDARD
(29 CFR PARTS 1910.1200, 1915.1200, 1917.28, 1918.90, 1926.59, and 1928.21) 1
(OMB CONTROL NO. 1218-0072 (October 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 CFR 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 Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et. seq. states
that any occupational safety or health standard promulgated by the Secretary of Labor under
section 6(b) rulemaking authority "shall prescribe the use of labels or other appropriate forms of
warning as are necessary to insure that workers are apprised of all hazards to which they are
exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and
precautions of safe use of exposure." In promulgating substance-specific rules to address the
hazards of a particular chemical, OSHA followed this Congressional directive. However, given
the universe of chemicals present in American workplaces (as many as 900,000 hazardous
chemical products), and the time-consuming nature of OSHA's rulemaking process, it became
clear that little information would be available to workers if this substance-by-substance
approach was the only avenue pursued. Workers exposed to chemicals would continue to
encounter a myriad of hazards. Many chemicals cause acute injuries or illnesses such as rashes,
burns and poisoning, or chronic effects such as cancer or liver damage. Also, chemicals can
pose physical hazards to workers by contributing to accidents such as fires and explosions. To
prevent such occupational hazards, the Agency addressed the issue of hazard information
transmittal on a generic basis.
OSHA's experience, and the Hazard Communication Standard (HCS) rulemaking record, support
the view that when workers have access to, and understand, the nature of the chemical hazards to
which they are exposed during the course of their employment, they are better able to participate
in their employers' protection programs and to take steps to protect themselves. By complying
with the HCS, employers have more complete information upon which to base decisions
regarding the design and implementation of worker protection programs. Together these actions
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; it does not provide information or guidance
on how to comply with, or how to enforce, the Standard.

result in more effective protection and the occurrence of fewer illnesses and injuries due to
exposure to chemicals.
Items 2 and 12 below describe in detail the specific collections of information contained in the
existing HCS Standard.
On September 30, 2009 the Agency published a Notice of Proposed Rulemaking (NPRM)
proposing to modify the existing HCS to conform with the United Nations’ (UN) Globally
Harmonized System of Classification and Labelling of Chemicals. OSHA submitted a separate
ICR, addressing those proposed changes to the Office of Management and Budget. The
collections of information requirements contained in existing HCS are discussed in this
supporting statement.
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 purpose of the Hazard communication collections of information is to ensure that the
hazards of all chemicals (produced or imported) are evaluated, and that information concerning
their hazards is transmitted to employers and workers. This purpose is accomplished through
hazard determinations, labels, material safety data sheets (MSDSs), written hazard
communication programs, and training.
Hazard Determination (§ 1910.1200(d))
Hazard determination requires chemical manufacturers, 2 importers 3 and employers who develop
MSDSs to review available scientific evidence concerning the physical and health hazards of the
chemicals they produce or import to determine if they are hazardous. Firms that are generating
the chemicals are the most likely to have complete information on their hazardous effects.
Therefore, those firms are required to evaluate the hazards of the chemicals they produce or
import. Hazard determination is critical since specific communication provisions of the Standard
such as MSDSs and labels apply only to "hazardous" substances. The employer is not required
to keep records of each individual chemical evaluation. Rather, they must establish written
procedures indicating the process they follow to evaluate potentially hazardous chemicals.
Written procedures ensure consistency of approach, and serve as a check on thoroughness of
evaluation (from all relevant sources) for employers and for anyone reviewing the evaluation.

2

Chemical Manufacturer means an employer with a workplace where chemical(s) are produced for use or
distribution.
3

Importer means the first business with workers within the Customs Territory of the United States which
receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or
employers within the United States.

2

Written Hazard Communication Program (§ 1910.1200(e))
All employers who have workers exposed to hazardous chemicals 4 must develop, implement and
maintain a written hazard communication program. The written hazard communication program
must describe how the criteria specified in the following paragraphs are met; paragraphs (f)
Labels and other forms of warning, (g) MSDSs, and (h) Employee information and training.
Also, the written plan must include a list of the hazardous chemicals known to be present using
an identity that is referenced on the appropriate MSDSs, and the methods the employer uses to
inform workers of the hazards on non-routine tasks and the hazards associated with chemicals
contained in unlabeled pipes in their work areas.
For multi-employer worksites the hazard communication program must also include the
following: methods the employer will use to provide other employers(s) on-site access to
MSDSs for each hazardous chemical the other employer(s)’ workers may be expose to while
working; the methods the employer will use to inform the other employer(s) of any precautionary
measures that need to be taken to protect workers during the workplace’s normal operating and
in foreseeable emergencies; and the methods the employer will use to inform the other
employer(s) of the labeling system used in the workplace. Employers may use an existing
hazard communication program to meet these requirements provided the plan meets the
requirements described in the preceding paragraph.
On request, the employer must make their hazard communication program available to workers,
their designated representatives, OSHA compliance officers, and the National Institute for
Occupational Safety and Health (NIOSH).
A written program provides a structure upon which to evaluate programs. Employers develop
criteria they use in developing their programs, as well as the means used to meet those criteria.
The written program serves as a useful reference for workers. Having the program in writing
makes it easier to determine if the intent of the Standard is being met. Employers need not
update their hazard communication programs as long as they meet the criteria established in
paragraph (e) of the Standard. OSHA is not taking a burden for the information and training
requirements specified by paragraph (h) of the HCS because these requirements are performance
oriented; also, employers provide information and training to workers regarding chemical
hazards in the workplace as a usual and customary practice.
Labels and MSDSs (§ 1910.1200(f) & (g))
If chemicals are found to be hazardous then the chemical manufacturer or importer must develop
warning labels for containers and send them downstream along with the chemicals. Each
container of hazardous chemicals leaving the workplace must be labeled, tagged, or marked with
the appropriate information, including the identity of the hazardous chemicals contained therein,

4

Hazardous chemical means any chemical which is a physical hazard or a health hazard.

3

hazard warnings appropriate for worker protection, and the name and address of the chemical
manufacturer, importer, or other responsible party. 5
Employers must ensure that each container of hazardous chemicals in the workplace is labeled,
tagged or marked with the following information: (1) Identity of the hazardous chemicals
contained therein; and, (2) general information regarding the hazards of the chemicals.
Employers may use signs, placards, process sheets, batch tickets, operating procedures, or other
such written materials in lieu of affixing labels to individual stationary process containers, as
long as the alternative method identifies the containers to which it is applicable and conveys the
identity of the hazardous chemicals contained therein; and, general information regarding the
hazards of the chemicals. Also, employers are not required to label portable containers into
which hazardous chemicals are transferred from labeled containers, and which are intended only
for the immediate use of the worker who performs the transfer.
Labels serve as a mechanism to alert supervisors and workers about the presence of chemical
hazards in his or her immediate work area, and provide a link to the MSDSs, thus improving the
effectiveness of the label.
In addition to labels, chemical manufacturers, importers, or employers preparing the MSDSs are
required to develop a comprehensive MSDS for each hazardous chemical they produce or
import. Employers must have a MSDS in their workplace for each hazardous chemical which
they use. Paragraph (g) of the Standard details the information that must be contained on the
MSDS. The MSDSs must be readily accessible during each work shift to workers when they are
in their work area(s).
If the chemical manufacturer, importer, or employer producing the MSDS, becomes newly aware
of any significant information regarding the hazards of the chemical, or ways to protect against
the hazards, this new information must be added to the MSDS within three months. If the
chemical is not currently being produced or imported, the chemical manufacturer, importer, or
employer producing the MSDS must add the information to the MSDS before the chemical is
introduced into the workplace again.
Chemical manufacturers, importers, or employers preparing the MSDSs must ensure that
distributors 6 and employers receive appropriate MSDS with their initial shipment of hazardous
chemicals, and with first shipment after an MSDS has been updated. If a distributor or employer
does not receive an MSDS, the distributor or employer must obtain one from the chemical
manufacturer or importer as soon as possible. Chemical manufacturers or importers must provide
distributors or employers with MSDSs upon request.
5

For solid metals (such as steel beams or metal castings), solid wood, or plastic items that are not exempted
as articles due to their downstream use, or shipments of whole grain, the required label may be transmitted to the
customer at the time of the initial shipment, and need not be included with subsequent shipments to the same
employer unless the information on the label changes.
6

Distributor means a business, other than a chemical manufacturer or importer, which supplies hazardous
chemicals to other distributors or to employers.

4

Distributors must ensure updated MSDSs are provided to other distributors and employers with
their initial shipment and with the first shipment after a MSDS is updated. Distributors must
provide the MSDS with the shipped containers or send them to the other distributors or
employers prior to or at the time of shipment.
The purpose of MSDSs is to provide detailed information on each hazardous chemical, including
its potential hazardous effects, its physical and chemical characteristics, and recommendations
for appropriate protective measures. Thus, MSDSs in the workplace provide each worker with
information about the hazards of the chemicals, as well as the means to protect themselves. The
MSDSs complement the labels by providing more detailed information about the ingredients and
hazards, as well as the means to properly handle the chemicals and to prevent the occurrence of
adverse health effects.
The information provisions under the HCS reduce the incidence of chemical- source illnesses
and injuries in the workplace by modifying the behavior of both employers and workers.
Employers, many of whom have not been aware of the potential hazards of the chemicals they
purchase to use in their workplaces, are able to use the information provided under the HCS to
better design protective programs. Complete information about chemicals may allow an
employer to choose a less hazardous product, thus preventing occurrence of dangerous
exposures. Accurate information is also needed to properly design engineering controls, select
appropriate protective clothing, and choose an effective respirator for exposed workers.
Improved understanding of chemical hazards by supervisory personnel results in safer day-today handling of hazardous substances, and proper storage and clean up.
Workers provided with the necessary hazard information more fully participate in, and support,
the protective measures instituted in their workplaces. Workers who have access to, and
understand, the nature of the chemical hazards they are exposed to during the course of their
employment are better able to participate in their employers' protective programs and take steps
to protect themselves. Together these actions result in more effective worker protection and
fewer illnesses and injuries due to occupational exposure.
The information provided under the HCS also enables health and safety professionals to provide
better services to exposed workers. Medical surveillance, exposure monitoring, and other such
services are enhanced by the ready availability of health and safety information.
Information provided to OSHA under the standard demonstrates that employers are complying
with the HCS, thereby ensuring that workers are provided with information as required by the
HCS. Eliminating access to this information would significantly impair OSHA efforts to protect
the health of workers exposed to hazardous chemicals. Information is also used for compliance
purposes.
Trade Secrets (§ 1910.1200(i))
Chemical manufacturers, importers, or employers who withhold the specific chemical identity,
must immediately disclose the chemical identity where a treating physician or nurse determines
that a medical emergency exists and the specific identity of a hazardous chemical is necessary

5

for emergency or first-aid treatment. Chemical manufacturers, importers, or employers
generating a MSDS, may request a written statement of need and confidentiality in accordance
with paragraphs (i)(3) and (i)(4) of the Standard.
In non-emergency situations, chemical manufacturers, importers, withholding specific chemical
identity must disclose the hazardous chemical identity to a health professional providing the
medical or other occupational health services to exposed workers, provided the request in
writing. The request must describe with reasonable detail one of the items in paragraphs
(i)(3)(ii). If the health professional, worker, or designated representative who receives the trade
secret information chooses to provide the information to OSHA, they must inform the chemical
manufacturer, importer, or employers who prepare MSDSs that they are providing the
information to OSHA.
Chemical manufacturers, importers, or employers who prepare MSDSs, may prepare a written
denial for disclosure of specific chemical identity. Written denials must contain the information
stated in paragraph (i)(7) of the Standard.
3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information technology,
e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of
collection. Also, describe any consideration of using information technology to reduce burdens.

To the extent practical, OSHA standards minimize burdens on employers, including technical
and legal burdens. OSHA is aware that employers have developed a number of options to sort,
collect, and store hazard communication information, and that many software programs have
been marketed to assist employers in accomplishing these tasks. The Standard allows for
electronic access, microfiche, and other alternatives to maintaining paper copies of the MSDSs,
so long as no barriers to immediate worker access are created by such options. There are no
known technical or legal obstacles to reducing the information collection burden through
improved information technology.
Also, OSHA has made both the “Chemical Hazard Communication” (1998 PUB 3084) and
“Hazard Communication Guidelines for Compliance” (2000 PUB 3111) brochures available on
the Internet. The Technical Link to the Hazard Communication standard includes: Frequently
asked questions, an online training program, a Fact Sheet, a Small business training manual and
links to global information on chemicals and chemical hazards (ANSI, EPA and International
Chemical Safety cards (ICSC’s)). There are also instructions on a written Hazard
Communication program.
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.

OSHA has worked with the Environmental Protection Agency (EPA) to identify duplication, and
to be consistent where possible. OSHA's statute mandates protection for workers, whereas the
EPA standard provides for notification of local authorities. To avoid duplication with HCS, the
EPA permits employers to use MSDSs to notify local authorities.

6

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.

Most smaller firms covered by the HCS are users of chemicals, rather than producers. As such,
they receive labeled containers and MSDSs from their suppliers, and do not evaluate hazards and
prepare such materials themselves. In addition, the requirements of the standard are
performance-oriented, allowing employers to tailor their compliance activities to suit the
particular work operations in their facilities. This approach minimizes the burden on small
businesses.
The private sector has developed a number of services to assist employers to comply with the
HCS, such as software programs designed to manage information using personal computers.
Such software programs are designed, for example, to generate MSDSs and manage data sheet
collections. These programs reduce the burden for both small and large businesses in complying
with the rule. A number of trade associations which represent small businesses have developed
materials tailored to the particular industries they represent to assist their member companies in
complying with the standard. Trade associations provide assistance materials, such as written
programs, where the employer need only fill in the blanks to complete the Hazard
communication program for the particular facility, and training materials designed for the types
of facilities in that industry.
Additionally, the compliance Directive 2-2.38D, Inspection Procedures for the Hazard
Communication standard was printed March 20, 1998. This Directive provides a sample Hazard
Communication program in Appendix E.
The collection of information does not have a significant economic impact on a substantial
number of small businesses or other 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 required under the HCS concerning the hazards of chemicals and appropriate
protective measures reduce the incidence of chemical-source illnesses and injuries in workers
exposed to chemical hazards. Making this information available to workers provides some
protection to them in the absence of substance-specific rules; the vast majority of hazardous
chemicals to which workers are exposed are not regulated by a substance-specific standard. A
reduction in the number of incidents of chemical-source illnesses and injuries in workers
exposed to chemical hazards occur from the improved protections implemented by employers
because of the HCS, and from workers who understand these measures better and, therefore, will
take effective steps to protect themselves.
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;

7

•

requiring respondents to submit more than an original and two copies of any document;

•

requiring respondents to retain records, other than health, medical, government contract, grantin-aid, or tax records for more than three years;

•

in connection with a statistical survey, that is not designed to produce valid and reliable results
that can be generalized to the universe of study;

•

requiring the use of a statistical data classification that has not been reviewed and approved by
OMB;

•

that includes a pledge of confidentiality that is not supported by authority established in statute
or regulation, that is not supported by disclosure and data security policies that are consistent
with the pledge, or which unnecessarily impedes sharing of data with other agencies for
compatible confidential use; or

•

requiring respondents to submit proprietary trade secret, or other confidential information
unless the agency can demonstrate that it has instituted procedures to protect the information's
confidentiality to the extent permitted by law.

No special circumstances exist that require employers to collect information using the procedures
specified by this item. The requirements of the Standard are within the guidelines set forth in 5
CFR 1320.5.
8. If applicable, provide a copy and identify the data 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 August 31, 2009, (74 FR 44876, Docket No.
OSHA-2009-0014) requesting public comment on its extension of the information collection
requirements contained in the Hazard Communication Standard (HCS). The notice was part of a
preclearance consultation program intended to provide those interested parties the opportunity to
comment on OSHA’s request for an extension by the Office of Management and Budget’s
(OMB) of the currently approved information collection requirements found in the HCS. 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.

8

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 HCS requires that the specific chemical identity of a hazardous chemical be disclosed, but if
such information is a valid trade secret, the rule permits chemical producers importers to limit
disclosure of this information based on their need and ability to maintain confidentiality (See 29
CFR 1910.1200 paragraph (i)).
In addition to the provisions of this rule, the OSH Act requires the Agency to maintain the
confidentiality of trade secret information provided directly to its representatives (29 U.S. C.
664).
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 form whom the information is requested, and any steps to
be taken to obtain their consent.

The paperwork requirements specified by § 1910.1200 do not involve 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. 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.

A. Summary of Annual Burden
See Attachment A for the summary of annual burden hours and costs.
B. Explanation of Method of Estimating the Annual Burden
The estimates of average burden hours for specific activities, and the overall
methodology for estimation, were derived from the HCS regulatory impact analysis
(RIA). This analysis was prepared by OSHA on the basis of a report by JACA, Inc. The
analysis was updated by using more recent data whenever such data were available.

9

Where more recent data were not available, the analysis used projection methods outlined
in the JACA report, including projections of burdens for forty years.
The derivation of the paperwork burden for hazard communication is presented in two
parts (Exhibits A and B). Exhibit A represents the basic values and assumptions needed
in many calculations, and Exhibit B explains burden hour equations and costs for each
component of the HCS. In general, estimated costs were determined by multiplying the
appropriate wage rate (adjusted for fringes) by the total burden hours.
OSHA is considering modifying the HCS to make it consistent with the Globally
Harmonized System of Classification and Labeling of Chemicals (GHS). A number of
countries around the world have developed standards requiring transmittal of information
to users or handlers of chemicals. While similar to requirements in the United States, the
variations result in different labels and MSDSs for the same chemicals, missing or
incomplete information on imported chemicals may lead to reduced protections for our
own citizens. In addition, the large number of varying requirements around the world
may result in potential barriers to trade in chemicals, particularly for small businesses.
Thus, a harmonized and consistent approach to chemical-hazard information would have
benefits both in terms of protection and trade. For countries that do not have existing
systems, and may not have the resources to develop and maintain one, a globally
harmonized approach would allow them to provide necessary protections for their
citizens while to participate in international trade. OSHA will prepare a new ICR to
address this rulemaking effectively.
OSHA is maintaining the previous assumptions for this ICR. During the GHS rulemaking
OSHA will be obtaining new data, and revising economic assumptions. This new data
will be used to revise this existing ICR in the future.
Exhibit A. Basic Values for the Analysis
Exhibit A-1 shows the basic values used in this analysis. These values were derived as follows:
Number of affected establishments: The RIA assumed all manufacturing establishments
would be affected by the standard. The estimate of the number of manufacturing establishments
is from 1997 County Business Patterns (www.census.gov/pub/epcd/cbp/view/us97.txt). The RIA
found that only a fraction of non-manufacturing establishments would be affected. The Agency
previously updated the number of non-manufacturing establishments using 1997 County
Business Patterns.
New establishments as a percentage of all establishments (rate of entry): This analysis uses
the rate of business starts from Dun and Bradstreet (1997) to estimate the percentage of new
establishments formed each year.
Number of chemical products: This analysis used the RIA estimate of the number of chemical
products, and projected them to 2005 assuming the 2.8 percent annual growth rate in the total
number of chemical products used in the RIA.

10

Percentage of new chemical products annually: Based on the RIA, new chemical products are
assumed to be 8 percent of all chemical products.
Number of chemical products per establishment: The RIA estimated that the typical
manufacturing establishment has 82 hazardous chemicals, and that the typical
non-manufacturing establishment has 19 hazardous chemicals.
Number of Shipped Containers of Hazardous Chemicals: This analysis relies upon the 1982
estimate in the RIA and a projected annual growth rate of 3 percent to estimate the total number
of hazardous chemical containers shipped during the year.
Number of in-plant containers: Based on the RIA, the number of containers of hazardous
chemicals used entirely in-plant was assumed to be 25 percent of the number of shipped
containers of hazardous chemicals.
Percentage of establishments already in compliance: The RIA found that 60 percent of all
establishments were in compliance with the basic provisions of the HCS, primarily as a result of
state laws existing prior to the OSHA standard. Hence, HCS is assumed to account for (1-.6) or
40 percent of the burdens and costs since, in the absence of HCS, 60 percent of the burden would
continue as a result of state statute.
Compensation Wage Rates
The Agency determined average wage rates for Hazard Communications using average hourly
earnings, including benefits, to represent the cost of worker time. The Agency adopted the mean
wage rates from “May 2008 National Industry-Specific Occupational Employment and Wage
Estimates,” U.S. Department of Labor, Bureau of Labor Statistics http://stats.bls.gov/home.htm.
Total compensation for these occupational categories includes an adjustment of 29.4 percent
(Employer Costs for Employee Compensation, June 2008) for fringe benefits; this figure
represents the average level of fringe benefits in the private sector. The costs of labor used in this
analysis are, therefore, estimates of total hourly compensation. These hourly wages are:
Supervisors
Workers
Clerical/Secretary

$62.29
$24.01
$22.06

11

Exhibit A-1
Basic Values for the Analysis
Number of Affected Establishments
Manufacturing
Non-Manufacturing

344,341
6,856,429

New Establishments as a percentage of all
Establishments
Manufacturing
Non-Manufacturing

24,793
870,766

Workers per Establishment

7.2%
12.7%

14.88

Number of Chemicals Products

945,244

Percentage of New Chemicals Products Annually

8.0%

Number of Hazardous Chemicals Products per Establishment
Manufacturing
Non-Manufacturing

82
19

Number of Shipped Containers of Hazardous Chemicals
(2001)

4,436,369,300

Number of In-Plant Containers

1,109,092,325

Percentage of Establishments Already in
Compliance as a Result of State Standards

60% 7

7

The Agency uses 40% in burden hour and cost equations to reflect that 60% of the establishments already
in compliance with State law.

12

Exhibit B. Provision by Provision Estimates of Burden
(Burdens and costs shown in the following items 1 through 12 are summarized in Attachment A.)
1.

Written Hazard Communication Programs (§ 1910.1200(e))
(New Establishments)

Written Hazard Communication Program: All affected establishments must have a written
hazard communication program explaining how the establishment meets the criteria of the
standard with respect to labeling, material safety data sheets (MSDSs), and worker information
and training as discussed under paragraph (e) of the standard. The RIA estimates manufacturing
plants take an average of 5 hours (4 professional hours and 1 clerical hour) to develop a written
hazard communication program while non-manufacturing facilities take an average of 2.5 hours
(2 hours professional and .5 clerical).
To determine the total number of new manufacturing and non-manufacturing establishments the
agency multiplied the total number of manufacturing and non-manufacturing establishments by
the rate of entry.
In addition, since sixty percent of establishments were in compliance prior to the promulgation of
the HCS as a result of State Standards, the total number of new establishments was multiplied by
40% to reflect burden hours and costs attributed to the HCS.
Number of new establishments affected:
New manufacturing establishments: 344,341 manufacturing establishments x .072 (rate of entry)
x 40% = 9,917 affected new manufacturing establishments.
New non-manufacturing establishments: 6,856,429 non-manufacturing establishments x .127
(rate of entry) x 40% = 348,307 affected new non-manufacturing establishments
Burden Hours and Costs:
Manufacturing:
Burden hours:
9,917 affected new establishments x 4 hours professional = 39,668 hrs.
9,917 affected new establishments x 1 hour clerical = 9,917 hrs.
Total burden hours = 49,585 hours
Cost:
39,668 hours x $62.29 professional wage rate hour = $2,470,920
9,917 hours x $22.06 clerical wage rate = $218,769

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Total cost = $2,689,689
Non-Manufacturing:
Burden hours:
348,307 affected new establishments x 2 hours professional = 696,614 hrs
348,307 affected new establishments x .5 clerical = 174,154 hrs
Total burden hours = 870,768 hours
Cost:
696,614 hours x $62.29 professional wage rate = $43,392,086
174,154 hours x $22.06 clerical wage rate = $3,841,837
Total cost: $47,233,923
Total Burden Hours and Costs:

Burden hours:
Cost:

Manufacturing
49,585
$2,689,689

NonManufacturing
870,768
$47,233,923

TOTAL
920,353
$49,923,612

2. Written Hazard Communication Program (§ 1910.1200(e))
(Existing Establishments)
OSHA estimates existing manufacturing establishments take 1 hour and non-manufacturing
establishments .5 hour to update and maintain their hazard communication programs. Forty
percent of the establishments incur burden hours and costs as a result of the HCS.
Number of Existing Establishments Affected:
Existing manufacturing establishments affected: 344,341 manufacturing establishments x 40% =
137,736 affected establishments; then 137,736 affected establishments - 9,917 new
manufacturing establishments affected = 127,819 existing establishments affected.
Existing non manufacturing establishments affected: 6,856,429 non-manufacturing
establishments x 40% = 2,742,572 affected establishments; then 2,742,572 affected
establishments - 348,307 new non manufacturing establishments affected = 2,394,265 existing
establishments affected.

Manufacturing:
Burden hours: 127,819 existing establishments x 1 hour = 127,819 hours
Cost: 127,819 hours x $62.29 = $7,961,846

14

Non-Manufacturing:
Burden hours: 2,394,265 establishments x .5 hour = 1,197,133 hours
Cost: 1,197,133 hours x $62.29 = $74,569,415
Total Burden hours and costs

Burden hours:
Costs:

Manufacturing
127,819
$7,961,846

NonManufacturing
1,197,133
$74,569,415

TOTAL
1,324,952
$82,531,261

3. Hazard Determination (§ 1910.1200(d))
Manufacturers, importers, or employers using new chemical products must determine the
hazards associated with those products. This determination may be done through a literature
review. On average, a professional takes 8 hours to conduct the hazard determination and to
develop the necessary labels and MSDSs.
The total number of affected chemical products 378,098 is determined by multiplying the total
number of chemical products 945,244 by 40 percent. The percentage of new chemical products
annually is 8% of the total affected chemical products which is 30,248.
Burden hours: 30,248 new hazardous products x 8 hours = 241,984 hours
Cost: 241,984 hours x $62.29 = $15,073,183
4. Sending of MSDSs (§ 1910.1200(g))
(Sending MSDSs for new hazardous chemicals to existing establishments)
Manufacturers, importers, or employers distributing new hazardous chemicals or products must
send MSDSs to establishments receiving the new hazardous chemical or product. The
Regulatory Impact Analysis estimates a manufacturer, importer, or employer generating the
MSDS takes .14 clerical hours to distribute a MSDS.
To determine the number of new hazardous chemicals existing establishments receive, OSHA
estimates that, on average, each manufacturing establishment has 82 hazardous chemicals and
the percentage of new chemical products annually is eight percent; therefore the number of new
chemicals per manufacturing establishment averages 6.56 new chemicals. For nonmanufacturing establishments there are 19 hazardous chemicals, assuming an eight percent new
chemical rate, the number of new chemicals for non-manufacturing establishments is 1.52.
OSHA estimates 40 percent of establishments incur burden hours and costs since 60% of
establishments were in compliance prior to promulgation of the Federal Hazard Communication
Standard.

15

Manufacturing:
Burden hours: 127,819 existing establishments affected x 6.56 new hazardous chemicals x .14
hour = 117,389 hours
Cost: 117,389 hours x $22.06 = $2,589,601
Non-Manufacturing:
Burden hours: 2,394,265 existing establishments affected x 1.52 new chemicals x .14 hour =
509,500 hours
Cost: 509,500 hours x $22.06 = $11,239,570
Total Burden hours and costs

Burden hours:
Costs:

Manufacturing
117,389
$2,589,601

NonManufacturing
509,500
$11,239,570

TOTAL
626,889
$13,829,171

5. Sending MSDSs (§ 1910.1200(g))
(Sending MSDSs for all hazardous chemicals to new establishments)
Manufacturers, importers, or employers developing MSDSs, must distribute MSDSs to new
establishments for all initial hazardous chemicals and for new chemical products they may
receive during the year. The clerical time required to send MSDSs to new establishments is the
same as for existing establishments, .14 hour. OSHA recognizes that the time to send an MSDS
may be overestimated given that many manufacturers, importers, or employers developing
MSDSs can transmit MSDSs electronically. OSHA assumes 40 percent of the establishments
incur burden hours and costs as a result of the HCS.
OSHA estimates that the new manufacturing establishments receive an average of 88.56 MSDSs;
82 for purchasing the initial hazardous chemicals, plus 6.56 MSDSs (82 hazards x 8 percent) for
the new hazardous chemicals establishments purchase annually. Non-manufacturing
establishments receive an estimated 20.52 MSDSs; 19 MSDSs for purchasing initial hazardous
chemicals and 1.52 MSDSs for the new chemical hazards they purchase annually.
Manufacturing:
Burden hours: 9,917 affected establishments x 88.56 hazardous chemicals x .14 hour =
122,955 hours
Cost: 122,955 hours x $22.06 = $2,712,387
Non-Manufacturing:
Burden hours: 348,307 affected establishments x 20.52 hazardous chemicals x .14 hour
=1,000,616 hours
Cost: 1,000,616 hours x $22.06 = $22,073,589

16

Total Burden hours and costs:

Burden hours:
Costs:

NonManufacturing
1,000,616
$22,073,589

Manufacturing
122,955
$2,712,387

TOTAL
1,123,571
$24,784,976

6. Obtaining & Maintaining MSDSs (§ 1910.1200(g))
(Existing Establishments)
All existing establishments that have hazardous chemicals must maintain MSDSs, and may need
to obtain MSDSs. Smaller establishments or establishments with fewer chemicals spend less
time to obtain and maintain MSDSs, while larger companies, companies with a greater number
of chemicals, and construction companies having to keep MSDSs at various job sites take a
greater amount of time obtaining and maintaining MSDSs. To account for this variance in time,
OSHA estimates an average of 1 hour of clerical time per establishment is needed to obtain and
maintain MSDSs. OSHA assumes 40 percent of the establishments incur burden hours and costs
as a result of the HCS.
Manufacturing:
Burden hours:
Cost:

127,819 existing establishments affected x 1 hour = 127,819 hours
127,819 hours x $22.06 = $2,819,687

Non-Manufacturing:
Burden hours:
Cost:

2,394,265 existing establishments affected x 1 hour = 2,394,265
hours
2,394,265 hours x $22.06 = $52,817,486

Total Burden hours and costs:

Burden hours:
Costs:

Manufacturing
127,819
$2,819,687

Non-Manufacturing
2,394,265
$52,817,486

TOTAL
2,522,084
$55,637,173

7. Obtaining & Maintaining MSDS (§ 1910.1200(g))
(New Establishments)
All new establishments receive and maintain MSDSs for hazardous chemicals at their locations.
On occasion new establishments may need to obtain MSDSs. A clerical worker spends an
average of .14 hour per MSDS to obtain and maintain the MSDSs. The Agency recognizes that
the .14 hour may be an overestimate given numerous employers receive, obtain, and maintain
MSDSs electronically.

17

The number of new manufacturing establishments affected by the HCS is 9,917, and the number
of new non-manufacturing establishments affected is 348,307 (see number 1 “Written Hazard
Communication Program (New Establishments)).” Item 5 “Sending MSDSs to new
establishments” estimates that new manufacturing establishments require a total of 88.56
MSDSs, and non-manufacturing establishments require 20.52 MSDSs. The burden hours are
determined by multiplying the number of establishments by the total number of MSDSs per
establishment by the time to obtain and maintain MSDSs.
Manufacturing:
Burden hours:
Cost:

9,917 establishments x 88.56 MSDSs x .14 hour = 122,955 hours
122,955 hours x $22.06 = $2,712,387

Non-Manufacturing:
Burden hours:
Cost:

348,307 establishments x 20.52 MSDSs x .14 hour = 1,000,616
hours
1,000,616 hours x $22.06 = $22,073,589

Total Burden hours and costs

Burden hours:
Cost:

NonManufacturing
1,000,616
$22,073,589

Manufacturing
122,955
$2,712,387

TOTAL
1,123,571
$24,785,976

8. Labeling Shipping Containers (§ 1910.1200(f))
There is no burden for affixing labels to off-site containers because it is usual and customary
practice for manufacturers to affix labels to containers being shipped.
9. Labeling of In-Plant Containers (§ 1910.1200(f)(5))
Labeling in-plant containers: Employers must ensure that portable containers that are transferred
from the workers who filled them to other workers are labeled. The RIA estimated
approximately 12 seconds (.0033 hour) of workers time per container. OSHA assumes 40
percent of the containers incur burden hours and costs as a result of the HCS.
Burden hours: 1,109,092,325 (# of containers) x 40% x .0033 hours per container =
1,464,002 hours
Cost: 1,464,002 hours x $24.01 (worker) = $35,150,688
10. Access to Trade Secrets (§ 1910.1200(i))
Burden hours are estimated for employers to respond to requests from workers, their
representatives, and health professionals for trade secret information. The Agency estimates an
average of 7 situations requiring access to trade secrets per 10,000 workers working in

18

establishments with hazardous chemicals. OSHA estimates there are 107,147,458 workers 8
covered by the HCS, therefore, the Agency estimates there are 75,003 access requests
(107,147,458 workers/10,000 workers x 7 situations ), and that a professional requires 4 hours to
respond to each request.
Burden hours: 75,003 requests x 4 hours = 300,012 hours
Cost: 300,012 hours x $62.29 = $18,687,748
11. Employee Access (§ 1910.1200(d)(c) and §1910.1200(e)(4))
OSHA estimates an average of 1.5 requests per establishment for worker access to the written
programs and MSDSs. OSHA estimates a clerk takes 10 minutes (.1667 hour) to show the
worker the relevant documents and to return them to a file after the worker has examined them.
OSHA assumes 40 percent of the establishments (7,200,770 establishments x 40% = 2,880,308
establishments) incur burden hours and costs for providing workers access as a result of the
HCS.
Burden hours: 2,880,308 establishments x 1.5 requests x .1667 hour = 720,221 hours
Cost: 720,221 hours x $22.06 = $15,888,075
12. Federal Access
The HCS permits OSHA to access the following records: Hazard determinations,
§ 1910.1200(d)(6); written hazard communication programs, § 1910.1200 (e)(4); material safety
data sheets § 1910.1200(g)(11); and trade secrets § 1910.1200(i)(12).
OSHA estimates employers spend approximately 5 minutes (.08 hour) of professional time to
inform the compliance officer about the location of the various records during an inspection.
The Agency estimates a total of 100,811 9 inspections are conducted annually by Federal OSHA
and State-Plan State delegate agencies.
Burden hours: 100,811 inspections x .08 hour = 8,065 hours
Cost: 8,065 hours x $62.29 = $502,369
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

8

(344,341 + 6,856,429= 7,200,770 total establishments x 14.88 workers per establishment) = 107,147,458
total workers.
9

The Agency estimated the number of inspections by determining the inspection rate (1.4%) for all
establishments under the jurisdiction of the OSH Act (including both Federal OSHA and approved state-plan
agencies), and then multiplied the total number of plants covered by the Standard (7,200,770) by this percentage
(i.e., 7,200,770 plants x 1.4% = 100,811).

19

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 may consult with a sample of respondents (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 to develop and transmit MSDSs varies depending on transmission of MSDSs. Many
importers and manufacturers of hazardous chemicals send MSDSs electronically. In these
situations, there are no costs to importers and manufactures to transmit the MSDSs downstream
to employers, including distributors. Importers and manufacturers also send paper copies of
MSDSs with their hazardous chemicals. Many employers copy MSDSs in-house for
distribution. Based on the cost of toner and paper; the cost for importers and manufacturers is
approximately 7 cents per page ($.07). To estimate costs for the various production and
distribution of MSDSs, OSHA assumes that all MSDSs are transmitted by paper. The cost for
MSDSs are determined by totaling the number of MSDSs distributed then multiplying the total
by $.07
Under Item 12, number 4 titled “Sending MSDSs to existing establishments,” OSHA estimates
that a total of 838,493 MSDSs 10 are sent to existing manufacturing establishments and 3,639,283
MSDSs 11 are sent to non-manufacturing establishments. Therefore, the total number of MSDSs
received by existing manufacturing and non-manufacturing establishments is 4,477,776.
Under Item 12, number 5 titled “Sending MSDSs to new establishments,” OSHA estimates a
10

Existing manufacturers receive a total of 838,493 MSDSs (127,819 affected establishments x 6.56 new
hazardous substances).
11

Existing non-manufacturers receive a total of 3,639,283 MSDSs (2,394,265 affected establishments x
1.52 new hazardous substances).
12

New manufacturers receive a total of 878,250 MSDSs (9,917 establishments x 88.56 MSDSs) and new
non-manufacturers receive a total of 7,147,260 MSDSs (348,307 establishments x 20.52 MSDSs).

20

total of 878,250 MSDS are sent to new manufacturing establishments and 7,147,260 MSDSs are
sent to new non-manufacturing establishments. 12 The total number of MSDSs sent to new
establishments is 8,025,510 MSDSs. The total number of MSDSs is 12,503,286.
Cost: 12,503,286 MSDSs x 2 pages x .07 dollar = $1,750,460
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 $39.70,
spends about five minutes (.08 hour) during an inspection reviewing the documents required by
the Standard. For purposes of calculating costs to the Federal government, the Agency assumes
compliance officers request access to records required by the HCS during all inspections.
Currently, OSHA estimates that approximately 100,811 inspections were conducted by Federal
and State-plan States.
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 Standards. Therefore, the total cost of these paperwork requirements to the Federal
government is:
Cost: 100,811 inspections x .08 hour x $39.70 = $320,176
15.

Explain the reason for any program changes or adjustments reporting in items.

The Agency is requesting an adjustment decrease of 625,089 burden hours. In the current ICR,
the Agency overestimated the number of “existing” establishments by using the number of
“affected” establishments (both “new” and “existing”) rather than just the number of “existing”
establishments. “New” establishments have separate burden hours already included in this
paperwork package. To correct this overestimation, the Agency subtracted the number of “new”
establishments from the number of “affected” establishments which results in the number of
“existing” establishments. In summary, the number of existing establishments changed from
2,880,308 to 2,522,084 after removing the number of “new” establishments 358,224.
The Agency is also requesting a cost increase in the amount of $624,002 from $1,047,822 to
$1,750,460; this increase was based on the cost of paper and toner used by the affected
establishments. While there was a decrease in MSDS from 13,097,770 to 12,503,286, this
decrease was affected by an increase in the cost of paper and toner from 4 to 7 cents.
16.

For collection 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

21

scheduled for the entire project, including beginning and ending 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, explain
the reason that display would be inappropriate.

There are no forms associated with this collection of information on which to display expiration
date.
18.

Explain each exception to the certification statement in ROCIS.

OSHA is not seeking an exception to the certification statement in item 19.
ATTACHMENT A
Summary of Annual Burden and Costs

Information Collection
Requirement

1. Written Hazard
Communication Program (New
Establishments)
2. Written Hazard
Communication Program
(Existing Establishments)
3. Hazard Determination
4. Sending MSDSs (Existing
Establishments)
5. Sending MSDS (New)
6. Obtaining and Maintaining
MSDSs (Existing
Establishments)
7. Obtaining and Maintaining
MSDSs (New Establishments)
8. Labeling Shipped Containers
9. Labeling of In-Plant
Containers
10. Access to Trade Secrets
11. Employee Access
12. Federal Access
TOTALS

Existing
Burden Hours

Requested
Burden Hours

Adjustment

Estimated
Costs

Responses

920,353

920,353

1,509,022

1,324,952

-184,070

$82,531,261

2,522,084

241,984
710,116

241,984
626,889

0
-83,227

$15,073,183
$13,829,171

30,248
4,477,776

1,123,571
2,880,308

1,123,571
2,522,084

0
-358,224

$24,784,976
$55,637,173

8,025,510
2,522,084

1,123,571

1,123,571

0

$24,785,976

8,025,510

0
1,464,002

0
1,464,002

0
0

$0
$35,150,688

$0
443,636,930

300,012
719,789
8,065
11,000,793

300,012
720,221
8,065
10,375,704

0
482
0
-625,089

$18,687,748
$15,888,075
$502,369
$336,794,232

75,003
4,320,462
100,811
474,094,642

22

0 $49,923,612

358,224