Ss_1218-0215 (11-19-09)

SUPPORTING STATEMENT FOR
THE INFORMATION COLLECTION REQUIREMENTS OF
THE STANDARD ON PERSONAL PROTECTIVE EQUIPMENT (PPE)
FOR SHIPYARD EMPLOYMENT (29 CFR PART 1915, SUBPART I) 1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
CONTROL NO. 1218-0215
(November 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 purpose of the Occupational Safety and Health Act (OSH Act) is to “assure so far as
possible every working man and woman in the Nation safe and healthful working conditions and
to preserve our human resources” (29 U.S.C. 651). To achieve this objective, the OSH Act
specifically authorizes “the development and promulgation of occupational safety and health
standards” (29 U.S.C 651).
With regard to recordkeeping, the OSH Act specifies that “[e]ach employer shall make, keep and
preserve, and make available to the Secretary . . . such records . . . as the Secretary . . . may
prescribe by regulation as necessary or appropriate for the enforcement of this Act . . .” (29
U.S.C. 657). The OSH 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 OSH Act, the Occupational Safety and Health Administration
(OSHA) published at 29 CFR part 1915, subpart I, the standard on Personal Protective
Equipment (PPE) for Shipyard Employment. Subpart I requires employers to provide and ensure
that each affected worker uses the appropriate personal protective equipment (PPE) for the eyes,
face, head, extremities, torso, and respiratory system, including protective clothing, protective
shields, protective barriers, life-saving equipment, personal fall arrest systems, and positioning
device systems that meets the applicable provisions of this subpart, whenever workers are
exposed to hazards that require the use of PPE. Items 2 and 12 below describe in detail the
specific information collection requirements of subpart I.
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.

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The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated
with provisions of the subpart that contain paperwork requirements; this Supporting Statement does not provide
information or guidance on how to comply with, or how to enforce, these provisions. This Supporting Statement
does not include burden hours and costs associated with the information collection requirements for subpart I,
Respiratory Protection (29 CFR 1915.154), which OSHA addressed in a separate ICR. See OMB Control No. 12180099.

Subpart I specifies several paperwork requirements, which are described below. These
collections of information are needed to determine, during an OSHA inspection by a compliance
safety and health officer, if employers are in compliance with subpart I. Less frequent
information collections will seriously hinder the Agency’s ability to ensure that workers are
protected as required by subpart I.
(A) Hazard Assessment and Verification (§1915.152(b)). Section 1915.152(b) requires the
employer to assess work activities to determine whether there are hazards present, or likely to be
present, which necessitate the worker’s use of PPE. If such hazards are present, or likely to be
present, the employer must: (1) select the type of PPE that will protect the affected worker from
the hazards identified in the occupational hazard assessment; (2) communicate selection
decisions to affected workers; (3) select PPE that properly fits each affected worker; and (4)
verify that the required occupational hazard assessment has been performed. The verification
must contain the following information: occupation or trade assessed, the date(s) of the hazard
assessment, and the name of the person performing the hazard assessment.
(B) Training and Verification (§1915.152(e)). Section 1910.152(e) requires that employers
provide training for each worker who is required to wear PPE (§1915.152(e)(1)). 2 Paragraph
(e)(3) requires that employers also provide retraining when there are certain changes in
workplace conditions or there is reason to believe that any previously trained worker does not
have the understanding or skill to use PPE properly. Circumstances where such retraining is
required include changes in the workplace that render prior training obsolete, certain changes in
the types of PPE used, and inadequacies in the worker’s knowledge or use of PPE that indicate
the worker had not retained the requisite understanding or skill.
Paragraph (e)(4) requires that the employer verify that each affected worker has received the
required PPE training. The verification must contain the following information: name of each
worker trained, the date(s) of training, and the type of training the worker received.
The standards on PPE protection for the eyes and face (§1915.153), head (§1915.155), feet
(§1915.156), hands and body (§1915.157), lifesaving equipment (§1915.158), personal fall arrest
systems (§1915.159), and positioning device systems (§1915.160) do not contain any separate
information collection requirements.
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 collection
techniques, or other forms of information technology (e.g., electronic submission of responses),
when establishing and maintaining the required records. The Agency wrote the subpart I
2

Training about personal fall arrest and positioning device systems is covered by 29 CFR 1915.159 and
.160 respectively. However, OSHA assumes that the retraining and training verification requirements in
§1915.152(e) also apply to these systems.
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paperwork requirements 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 purposes described in Item 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 any methods
used to minimize burden.

The information collection requirements in subpart I do not have a significant impact on a
substantial number of small entities.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is
conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The Agency believes that the information collection frequencies required by subpart I are the
minimum frequencies necessary to effectively monitor the use of PPE by shipyard employers
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 by the OSH Act (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 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

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

No special circumstances exist that require employers to collect information in the manner or
using the procedures specified by this item. The information collection requirements are
consistent with 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 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 September 4, 2009 (74 FR 45883, Docket No.
OSHA-2009-0017) 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 Personal Protective Equipment (PPE) for Shipyard Employment (29 CFR Part 1915,
subpart I). This notice was part of a preclearance consultation program to provide those
interested parties the opportunity to comment on OSHA’s request for an extension by the Office
of Management and Budget (OMB) of a previous approval of the information collection
requirements found in the Standard. The Agency received no comments in response to its notice.
9. Explain any decision to provide any 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.

No elements of confidentiality are involved.
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 subpart I require the collection of sensitive information.
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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
OSHA estimates that there are 86,764 shipyard workers potentially exposed to workplace
hazards that may require the use of PPE. The number of establishments is estimated to be 639.
These estimates were taken from the Proposed Rule on General Working Conditions in Shipyard
Employment; Executive Summary of the Preliminary Economic and Initial Regulatory
Flexibility Screening Analysis (PEA), published on December 20, 2007, at 72 FR 72504, or
estimates determined by OSHA’s Office of Regulatory Analysis. Table 1 provides a comparison
of shipyard establishments by size:
Table 1
Comparison by Size of Establishments

Size of Establishment
1-9 workers
10-19 workers
20-99 workers
100-499 workers
500-999 workers
1000 + workers
Total establishments

307
108
133
70
12
9
639

Wage Rates
The wage rates, which include benefits, are also from the PEA.

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Employment categories and wages used are:
o Supervisors
o Secretary

($32.98 per hour)
($17.53 per hour)

(A) Hazard Assessment and Verification Record (1915.152(b)). Subpart I requires that
employers conduct a hazard assessment and make a determination regarding their need for PPE.
Employers must assess work activities to determine whether there are hazards present, or likely
to be present, which necessitate the worker’s use of PPE. If such hazards are present, or likely to
be present, the employer must: (1) select the type of PPE that will protect the affected worker
from the hazards identified in the occupational hazard assessment; (2) communicate selection
decisions to affected workers; (3) select PPE that properly fits each affected worker; and (4)
verify that the required occupational hazard assessment has been performed. The verification
must contain the following information: Occupation, the date(s) of the hazard assessment, and
the name of the person performing the hazard assessment.
The final rulemaking record showed that shipyards were already performing hazard assessments
and reassessments as a normal and routine shipyard practice; however, they were not
documenting these assessments. Therefore, the ICR only includes burden hours and costs for
documenting assessments and reassessments. The Summary of Final Economic Analysis,
Regulatory Flexibility Certification, and Environmental Impact Assessment (Final Economic
Analysis) in the final rule (61 FR 26322 (5/24/1996)) estimated it takes 5 minutes (.08 hour) to
record the hazard assessment for each occupation covered.
The initial hazard assessment is a one-time obligation unless new or different workplace hazards
arise or changes in workplace conditions are such that such hazards are likely to be present in the
workplace, in which case the employer must perform an updated or revised hazard reassessment.
Thus, for purposes of this ICR, the Agency assumes that all 639 establishments have conducted
their initial assessments. In addition, because the number of establishments in this industry is
declining, OSHA estimates that there is virtually no establishment turnover rate in this industry.
OSHA estimates that 10 percent of the original number of hazard assessments per establishment
will be reassessed in a given year. The total number of hazard assessments is determined by
multiplying the number of establishments by the number of hazard assessments for that size of
establishment. The number of hazard assessments per establishment is based on the Final
Economic Analysis, which stated that assessments and reassessments would be conducted for
occupations at the shipyard.

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Burden hours: (307 establishments x 5 assessments) x .10 x .08 hour = 12 hours
(108 establishments x 5 assessments) x .10 x .08 hour = 4 hours
(133 establishments x 10 assessments) x .10 x .08 hour = 11 hours
(70 establishments x 30 assessments) x .10 x .08 hour = 17 hours
(12 establishments x 30 assessments) x .10 x .08 hour = 3 hours
(9 establishments x 40 assessments) x .10 x .08 hour = 3 hours
50 hours
Cost: 50 burden hours x $32.98 = $1,649
(B) Training and Verification Record (1915.152(e)(4)). The training is performance-oriented;
thus, not subject to review under the PRA. Therefore, no burden for conducting training has
been calculated. OSHA believes that all current shipyard workers (86,764) have been trained in
the use of PPE, and that a secretary will take one minute (.02 hour) to maintain the certification
record for each of these workers.
Burden hours: 86,764 existing workers x .02 hour to maintain = 1,735
Cost: 1,735 burden hours x $17.53 = $30,415
To account for new workers and workers needing retraining, the Agency is using an worker
turnover rate of 24 percent 3 of the 86,764 affected workers (20,823). OSHA estimates that it
will take a secretary 3 minutes (.05 hour) to generate and maintain the training documentation for
each new/retrained worker.
Burden hours: 20,823 new/retrained workers x .05 hour to generate and maintain record
= 1,041
Cost: 1,041 burden hours x $17.53 = $18,249
Subtotal of Burden Hours: 1,735 + 1,041 = 2,776
Subtotal of Costs: $30,415 + $18,249 = $48,664
(C) Disclosure of Certification Records.
The Agency believes that approximately nine employers will be subject to an OSHA inspection
annually and be required to disclose hazard assessment certification records and/or training
certification records (see Item 14 below). Such disclosure is estimated to take 2 minutes (.03
hour).
Burden hours: 9 inspections x .03 hour = 1 hour (rounded up)
Cost: 1 x $32.98 = $33
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.)
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The 24 percent turnover rate was taken from the PEA.
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The cost determinations made under Item 12 account for the total annual cost burden to
respondents or record keepers resulting from these collection of information requirements.
14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the
method used to estimate cost, which should include quantification of hours, operational expenses (such as
equipment, overhead, printing, and support staff), and any other expense that would not have been incurred
without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14
in a single table.

OSHA estimates that a compliance officer (GS-12, step 5), with an hourly wage rate of $39.70,
spends about five minutes (.08 hour) during an inspection reviewing the documents required by
subpart I. The Agency has determined that its compliance officers will conduct approximately
nine inspections under subpart I during each year covered by this ICR. 4 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 subpart I.
Therefore, the total cost of these paperwork requirements to the Federal government is:
Cost: 9 inspections x .08 hour x $39.70 = $29
15. Explain the reasons for any program changes or adjustments.

The Agency is requesting an adjustment increase of 786 hours, from 2,041 to 2,827 hours. The
increase in the burden hours can be attributed to the number of existing workers increasing from
62,191 to 86,764.
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 subpart I.
17. If seeking approval to not display the expiration date for OMB approval of the information collection,
explain the reasons that display would be appropriate.

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

OSHA is not seeking an exception to the certification statement.

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OSHA 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 covered by the Standard (i.e., 639) by this percentage (i.e.,
639 establishments x 1.4% = 9 inspections).
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Table 2: Requested Burden Hour Adjustments

Information
Collection
Requirement
Hazard Assessment and
Verification
(1915.152(b))

Training and
Verification
(1915.152(e))

Current
Burden
Hours

Requested
Burden
Hours

Adjustment

Cost
Under
Item 12

Responses

50

50

0

$1,649

623

1,990

2,776

786

$48,664

86,764

Explanation of Adjustment
No change in burden hours.

The increase in burden hours can be attributed
to an increase in the number of existing
workers from 62,191 to 86,764.

20,823

Disclosure of Hazard
Assessment and
Training Certification
Records
TOTALS

1

1

0

$33

9

2,041

2,827

786

50,346

108,219

9

No change in burden hours.