Ss_1218-0190 (01-04-10)

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS OF THE
ELECTRICAL PROTECTIVE EQUIPMENT STANDARD (29 CFR 1910.137)
AND THE ELECTRIC POWER GENERATION, TRANSMISSION,
AND DISTRIBUTION STANDARD (29 CFR 1910.269) 1
OFFICE OF MANAGEMENT AND BUDEGT (OMB)
CONTROL NUMBER 1218-0190 (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 Occupational Safety and Health Act’s (OSH Act) main objective is to “assure so far as
possible every working man and woman in the Nation safe and healthful working conditions and
to preserve our human resources” (29 U.S.C. 651). To achieve this objective, the OSH Act
specifically authorizes “the development and promulgation of occupational safety and health
Standards” (29 U.S.C. 651). In addition, the OSH Act specifies that “[e]ach employer shall
make, keep and preserve, and make available to the Secretary . . . such records . . . as the
Secretary . . . may prescribe by regulation as necessary or appropriate for the enforcement of this
Act . . . ” (29 U.S.C. 657).
Under the authority granted by the OSH Act, the Occupational Safety and Health Administration
(“OSHA” or “the Agency”) published the Electrical Protective Equipment Standard at 29 CFR
1910.137 and the Electric Power Generation, Transmission, and Distribution Standard at 29 CFR
1910.269 to prevent worker exposure to electrical hazards. Items 2 and 12 below describe the
specific information collection requirements of these Standards.
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.

Electrical Protective Equipment Standard (§ 1910.137)
Testing Certification (§ 1910.137(b)(2)(xii))
Employers must certify that the electrical protective equipment used by their workers have
passed the tests specified in paragraphs (b)(2)(viii), (b)(2)(ix), and (b)(2)(xi) of the standard.
The certification must identify the equipment that passed the tests and the dates of the tests. This
provision ensures that electrical protective equipment is reliable and safe for worker use and will
provide adequate protection against electrical hazards. In addition, certification enables
1

The purpose of this supporting statement is to analyze and describe the burden hours and costs associated
with provisions of the Standards that contain paperwork requirements, and does not provide information or guidance
on how to comply with or to enforce the Standards.

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OSHA to determine if employers are in compliance with the equipment-testing requirements of
the standard.
Electric Power Generation, Transmission, and Distribution Standard (§ 1910.269)
Training Certification (§ 1910.269(a)(2)(vii))
This provision requires employers to certify that each worker received the training specified in
paragraph (a)(2) of the standard. Employers must provide certification after a worker
demonstrates proficiency in the work practices involved.
The training conducted under paragraph (a)(2) of the standard must ensure that: workers are
familiar with the safety-related work practices, safety procedures, and other procedures, as well
as any additional safety requirements in the standard that pertain to their respective job
assignments; workers are familiar with any other safety practices, including applicable
emergency procedures (such as pole top and manhole rescue), addressed specifically by this
standard that relate to their work and are necessary for their safety; and qualified workers have
the skills and techniques necessary to distinguish exposed live parts from other parts of electric
equipment, can determine the nominal voltage of the exposed live parts, know the minimum
approach distances specified by the standard for voltages when exposed to them, and understand
the proper use of special precautionary techniques, personal protective equipment, insulating and
shielding materials, and insulated tools for working on or near exposed and energized parts of
electric equipment.
Workers must receive additional training or retraining if: the supervision and annual inspections
required by the standard indicate that they are not complying with the required safety-related
work practices; new technology or equipment, or revised procedures, require the use of safetyrelated work practices that differ from their usual safety practices; and they use safety-related
work practices that are different than their usual safety practices while performing job duties.
The training requirements of this standard inform workers of the safety hazards of electrical
exposure and provide them with the understanding required to minimize these safety hazards. In
addition, workers receive proper training in safety-related work practices, safety procedures, and
other safety requirements specified in the standard. The required training, therefore, provides
information to workers that enable them to recognize how and where electrical exposures occur,
and what steps to take, including work practices, to limit such exposure. The certification
requirement specified by paragraph (a)(2)(vii) of the standard helps employers monitor the
training their workers received and helps OSHA determine if employers provided the required
training to their workers.
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.

OSHA wrote the information collection requirements of these Standards in performance-oriented
language, i.e., in terms of what data to collect, not how to collect the data. Thus, employers may
use “information technology” when establishing and maintaining the required records.

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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 (Item 5 of OMB Form 83I), describe any methods used to minimize burden.

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

The information collection requirements and their frequencies specified by the Standards are the
minimum necessary to help: (1) to ensure that employers can determine the effectiveness of
electrical protective equipment and electrical safety training, and (2) OSHA ascertain whether
employers are in compliance with the equipment testing and training requirements.
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, 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 in the manner or
using the procedures described in this item.

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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 October 27, 2009 (74 FR 55261, Docket No.
OSHA-2009-0037) requesting public comment on its proposal to extend the Office of
Management and Budget’s approval of the information collection requirements contained in the
Standards on Electrical Protective Equipment (29 CFR 1910.137) and Electric Power
Generation, Transmission, and Distribution (29 CFR 1910.269). 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 payment or gift to respondents, other than reenumeration of
contractors or grantees.

The Agency will not provide payments or gifts to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in
statute, regulation, or agency policy.

None of the information collection requirements in the Standards require the collection of
confidential information.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and
attitudes, religious beliefs, and other matters that are commonly considered private. This justification should
include the reason why the agency considers the questions necessary, the specific uses to be made of the
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 information collection requirements in these Standards require the collection of
sensitive information.
12. Provide estimates of the hour burden of the collection of information. The statement should:
•

Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of
how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to
obtain information on which to base hour burden estimates. Consultation with a sample (fewer than
10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely
because of differences in activity, size, or complexity, show the range of estimated hour burden, and

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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.

Burden Hour and Cost Determinations
OSHA estimates that there are 20,765 establishments and 275,000 workers 2 covered by these
Standards.
Estimates of the burden hours and annual costs for each information collection requirement are
shown below. Costs were tabulated by multiplying the burden hours by the average year 2008
compensation rate, which includes the fringe benefits computed at 29.6 percent of the Standard
Occupational Classification (SOC) 49-1011. The mean hourly wage for this SOC can be found
in the 2008 National Occupational Employment and Wage Estimates, Installation, Maintenance,
and Repair Occupations.
First Line Supervisory/Managers of Mechanics, Installers
and Repairers

$40.84

Electrical Power Line Installers and Repairers

$38.38

Clerical Worker (Receptionist and information clerk)

$17.07

(A) Electrical Protective Equipment Standard (§ 1910.137)
Testing Certification (§ 1910.137(b)(2)(xii))
Employers must certify that the electrical protective equipment used by their workers (e.g.,
insulating gloves and blankets) passed the tests specified in paragraphs (b)(2)(viii), (b)(2)(ix),
and (b)(2)(xi) of the standard. The certification must identify the protective equipment that
passed the tests and the dates of the tests.
Paragraphs (b)(2)(viii), (b)(2)(ix), and (b)(2)(xi) of the standard require testing twice a year for
protective gloves, and every 12 months for protective blankets. Stamping the test date on the
protective equipment is the usual and customary method used to certify testing.

2

The number of establishments was taken from the 2004 Regulatory Impact Analysis (RIA) on the Preliminary
Economic Analysis for Proposed Standards for Work on Electric Power Generation, Transmission, and Distribution Lines
and Equipment (29 CFR 1910.269 and 29 CFR part 1926, subpart V) and the number of workers was taken from the 200809 Edition, Occupational Outlook Handbook at http://www.bls.gov/oco/ocos195.htm.
.

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The Regulatory Impact Analysis (RIA) found that employers engaged in power-line installation
and repairs are the primary users of electrical protective equipment. OSHA estimates that there
are 113,000 power-line installers and repairers 3 who each use 2 insulating blankets, 1 set of
sleeves, and 1 set of gloves.
Prior to testing, the protective sleeves, gloves and blankets must be packed and sent to a test
facility. (Note: The testing facility is frequently a part of the employer’s overall facility.) After
testing, the test facility must stamp the protective equipment that passed the tests, and then
repack the protective equipment and return it to the employer. OSHA estimates that these preand post-testing procedures take 2 minutes (.03 hour) per batch (with a batch consisting of 5 sets
of protective gloves, 5 sets of sleeves, or 2 protective blankets). The Agency estimates that the
testing procedure takes about 3 minutes (.05 hour), which includes configuring the protective
equipment for testing and removing it from the testing device; in addition, each batch of gloves
and sleeves requires 10 minutes (.17 hour) to dry. Therefore, the total testing procedure
(including pre-testing and post-testing procedures, testing, and drying) would take 15 minutes
(.25 hour) for each batch of protective gloves and sleeves, and 5 minutes (.08 hour) for each
batch of blankets. As stated above, protective gloves must be tested twice per year.
Burden hours:

Blankets: 113,000 workers x 2 blankets per worker/2 blankets per batch
x 1 test per year x .08 hour = 9,040 hours
Gloves: 113,000 workers x 1 set of gloves per worker/5 sets of gloves
per batch x 2 tests per year x .25 hour = 11,300 hours
Sleeves: 113,000 workers x 1 set of sleeves per worker/5 sets of
sleeves per batch x 1 test per year x .25 hour = 5,650 hours
9,040 hours + 11,300 hours + 5,650 hours = 25,990 burden hours

Cost:

25,990 burden hours x $38.38 4 = $997,496

3

The number of electrical power-line installers and repairers was obtained from the 2008-2009 Edition,
Occupational Outlook Handbook Employment Wage Estimates, Installation, Maintenance, and Repair Occupations,
Occupational Employment Statistics, Bureau of Labor Statistics, U.S. Department of Labor.
4

The Agency assumes that the wage rate for a tester is very close to that of an Electrical Installer and
Repairer and is; thus, using the same wage rate of $38.38.

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(B) Electric Power Generation, Transmission, and Distribution Standard (§ 1910.269)
Training Certification (§ 1910.269(a)(2)(vii))
This provision requires employers to certify that each worker has received the training specified
in paragraph (a)(2) of the standard. Employers must provide certification after a worker
demonstrates proficiency in the work practices involved. While OSHA accounts for the
regulatory burden of this certification requirement, it takes no burden hours or costs for the
training requirements specified in paragraph (a)(2) of the standard because these requirements
are performance-oriented.
OSHA estimates that there are approximately 20,765 affected establishments within the scope of
this standard with an estimated 275,000 workers. OSHA assumes that employers met the initial
training requirements specified by paragraph (a)(2) of the standard prior to, or soon after, the
Agency published the standard. OSHA estimates that it takes 1 minute (.02 hour) for a clerical
worker to maintain the training certification for workers who have received prior training
(existing workers).
However, training is required for newly-hired workers or those workers requiring training in new
work practices, retraining, or refresher training (collectively referred to as “retraining/refresher
training”).
To determine the number of newly-hired workers and those requiring retraining/refresher
training, the Agency estimated the total number of workers covered by the standard -- 275,000.
The RIA for the final standard determined that line-clearance tree trimmers, who accounted for
9.5 percent (26,125) of the workers covered by the standard, had the highest annual turnover rate
at 73 percent (19,071 newly-hired workers), while the annual turnover rate for the remaining
workers is 13 percent (32,354 newly-hired workers). Therefore, OSHA estimates the total
number of new workers annually (both tree trimmers and remaining workers) is 51,425. In
addition, the Agency estimates one percent of the 275,000 workers (2,750) will require
retraining/refresher training.
The Agency estimates that it takes 1 minute (.02 hour) for a clerical to maintain training
certification records for each existing worker and 3 minutes (.05 hour) to generate and maintain
certification records for newly hired workers and those requiring retraining/refresher training.
Burden hours:
Cost:
Burden hours:

Cost:

275,000 existing workers x .02 hour to maintain = 5,500 hours
5,500 burden hours x $17.07 = $93,885
(51,425 + 2,750) = 54,175 newly-hired workers and those requiring
retraining/refresher training x .05 hour to generate and maintain training
certification records = 2,709 hours
2,709 burden hours x $17.07 = $46,243
Total Burden Hours for (B):
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8,209 hours

Cost: $ 140,128
(C) Certification Disclosure for §1910.269 and §1910.134
OSHA believes that approximately 291 establishments covered by the Standards 5 will be subject
to an OSHA inspection and required to disclose certification records annually (see Item 14
below). This is estimated to take 2 minutes (.03 hour) for a first line supervisor/manager to
disclose the records if requested.
Burden hours:
Cost:

291 inspections x .03 hour = 9 hours
9 burden hours x $40.84 = $368

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the
collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)
•

The cost estimate should be split into two components: (a) A total capital and start-up cost
component (annualized over its expected useful life); and (b) a total operation and maintenance and
purchase of 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 offer than to provide information or keep
records for the government; or (4) as part of customary and usual business or private practices.

Costs under this item for complying with the information collection requirements of the
Standards are set forth under Item 12.
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.

5

OSHA estimated the number of inspections by multiplying OSHA’s inspection rate (1.4%) by the number
of establishments covered by this ICR (20,765) (i.e., 20,765 establishments x 1.4% = 291).

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OSHA estimates that a compliance officer (GS-12, step 5), with an hourly wage rate of $40.66,
spends about 5 minutes (.08 hour) during an inspection reviewing the documents required by the
Standards. The Agency has determined that its compliance officers will conduct about 291
inspections during each year covered by this ICR (see footnote 5). OSHA considers other
expenses, such as equipment, overhead, and support staff salaries to be normal operating
expenses that would occur without the information collection requirements specified by the
Standards. Therefore, the total cost of these information collection requirements to the Federal
government is:
Cost: 291 inspections x .08 hour x $40.66 = $947
15. Explain the reasons for any program changes or adjustments.

OSHA is requesting to increase the burden hours of the information collection requirements in
the Standards from 30,533 hours to 34,208 hours, for a total increase of 3,675 burden hours.
Table 1 below describes each of the requested burden hour adjustments.
16. For collections of information whose results will be published, outline plans for tabulation, and
publication. Address any complex analytical techniques that will be used. Provide the time schedule for the
entire project, including beginning and ending dates of the collection information, completion of report,
publication dates, and other actions.

OSHA will not publish the information collected under the Standards.
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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Table 1: Requested Burden Hour Adjustments
Information
Collection
Requirement
Testing certification
of electrical
protective equipment
(1910.137(b)(2)(xii))

Current
Burden Hours

Training certification
(1910.269(a)(2)(vii))

4,554

5,500

946

$93,885

275,000

2,243

2,709

466

$46,243

54,175

9

9

0

$368

291

30,533

34,208

3,675

$1,137,992

510,266

23,727

Requested
Burden
Hours
25,990

Adjustment
2,263

Cost Under
Item 12
$997,496

Responses
113,000
45,200
22,600

Explanation of Adjustment
The Agency is calculating separate burden
hours for the testing of gloves and sleeves.
This is in addition to there being an increase in
the number of power-line installers and
repairers from 103,160 to 113,000 who use
this protective equipment.
The number of all affected workers has
increased from 227,683 to 275,000.

-- Maintaining
certification records
for all existing
workers.
-- Generating and
maintaining
certification records
for new workers and
those requiring
retraining/ refresher
training.
Disclosure of
certification records.
TOTALS

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No change.