Pprwk-SS-SubptD (05-11-10)

SUPPORTING STATEMENT FOR
THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN
THE WALKING-WORKING SURFACES STANDARD
(29 CFR PART 1910, SUBPART D)

Contains revisions specified in the Notice of Proposed Rulemaking for Walking-Working
Surfaces and Personal Protective Equipment (Fall Protection Systems)
RIN: 1218-AB80
OMB Control Number: 1218-0199
JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary. Identify any legal or
administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each
statute and regulation mandating or authorizing the collection of information.

The main objective of the Occupational Safety and Health Act of 1970 (i.e., “the Act”) is to
“assure so far as possible every working man and woman in the Nation safe and healthful
working conditions and to preserve our human resources” (29 U.S.C. 651). To achieve this
objective, the Act authorizes “the development and promulgation of occupational safety and
health standards” (29 U.S.C. 651).
Section 6(b)(7) of the Act specifies that “[a]ny standard promulgated under this subsection shall
prescribe the use of labels or other appropriate forms of warning as are necessary to insure that
employees are apprised of all hazards to which they are exposed, relevant symptoms and
appropriate emergency treatment, and proper conditions and precautions of safe use or
exposure.” This provision goes on to state that “[t]he Secretary, in consultation with the
Secretary of Health and Human Services, may by rule promulgated pursuant to section 553 of
title 5, United States Code, make appropriate modifications in the foregoing requirements
relating to the use of labels or other forms of warning . . . as may be warranted by experience,
information, or medical or technological developments acquired subsequent to the promulgation
of the relevant standard” (29 U.S.C. 655).
With regard to recordkeeping, the Act specifies that “[e]ach employer shall make, keep and
preserve, and make available to the Secretary . . . such records . . . as the Secretary . . . may
prescribe by regulation as necessary or appropriate for the enforcement of this Act . . . .” (29
U.S.C. 657). The Act states further that “[t]he Secretary . . . shall prescribe such rules and
regulations as [he/she] may deem necessary to carry out [his/her] responsibilities under this Act,
including rules and regulations dealing with the inspection of an employer’s establishment” (29
U.S.C. 657).
Under the authority granted by the OSH Act, the Occupational Safety and Health Administration
(“OSHA” or “the Agency”) is publishing a single proposal to revise both the Walking-Working
Surfaces standards for general industry (29 CFR 1910, subpart D) and the Personal Protective
Equipment (29 CFR 1910, subpart I) standards for general industry. OMB approved the
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collections of information contained in existing subpart D under OMB Control Number 12180199; this information collection request (ICR) revises the existing ICR for subpart D. OSHA is
submitting to OMB a separate ICR for proposed revisions to the collections of information
contained in subpart I.
The proposed revisions to subpart D will update the standards that regulate walking and working
surfaces. Updating subpart D to reflect current practices and technology will reduce the rate of
deaths and injuries. Items 2 and 12 below describe the specific information collection
requirements affected by the proposed subpart D rulemaking. 1
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.

Proposed New Collections of Information:
The proposed subpart D rulemaking has two provisions that contain collections of information.
These collections of information are necessary to protect workers from defective ladders and
from falling into repair, service, and assembly pits. The two provisions are:
• Proposed §1910.23(b)(10) (Ladders—General requirements for all ladders).
Proposed §1910.23(b)(10) would require “ladders with structural or other defects must
immediately be tagged ‘Do Not Use’ or with similar language . . . and be removed from service
until repaired . . ., or replaced.
• Proposed §1910.28(b)(8)(iii) (Duty to have fall protection—Repair, service, and assembly
pits less than 10 feet in depth).
Proposed §1910.28(b)(8)(iii) would require “[c]aution signs stating ‘Caution—Open Floor,’ or a
similar legend, [be] posted so that they are readily visible to employees entering the pit area.”
Proposal to Remove the Following Paragraphs:
The proposed revisions to subpart D would result in removing three provisions that contain
collections of information from existing subpart D. The three provisions are:
• Existing §1910.22(d)(1) (General requirements—Floor loading protection).
Existing §1910.22(d)(1) requires that “[i]n every building or other structure, or part thereof, used
for mercantile, business, industrial, or storage purposes, the loads approved by the building
official shall be marked on plates of approved design which shall be supplied and securely
affixed by the owner of the building, or his duly authorized agent, in a conspicuous place in each

1

The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated
with the proposed revisions to the information collection requirements in existing subpart D; this Supporting
Statement does not provide information or guidance on how to comply with, or how to enforce, the standards.

2

space to which they relate. Such plates shall not be removed or defaced but, if lost, removed, or
defaced, shall be replaced by the owner or his agent.”
Proposed §1910.22(b) would set requirements for application of loads, with proposed paragraphs
(b)(1) and (b)(2) requiring, respectively, that employers “ensure that walking-working surfaces
are . . . [d]esigned, constructed, and maintained to support their maximum intended load” and
“[are] [n]ot loaded beyond their maximum intended load.” The proposed paragraphs do not
contain the collections of information found in existing paragraph (d)(1). OSHA believes the
proposed language provides adequate protection to workers without the added burden on
employers of gathering and posting information.
• Existing §1910.26(c)(2)(vii) (Portable metal ladders—Care of ladders).
Under existing §1910.26(c)(2)(vii), employers must mark, and take out of service until repaired
by either the maintenance department or the manufacturer, portable metal ladders having defects.
Proposed §1910.23(b)(10) (Ladders—General Requirements for all Ladders) would replace
§1910.26(c)(2)(vii) by requiring employers to tag and remove defective portable metal ladders
(see above discussion of proposed §1910.23(b)(10)).
• Existing §1910.28(e)(3) (Safety requirements for scaffolding—Outrigger scaffolds).
Existing §1910.28(e)(3) specifies that “[u]nless outrigger scaffolds are designed by a licensed
professional engineer, they shall be constructed and erected in accordance with table D-16 [of
this section]. A copy of the detailed drawings and specifications showing the sizes and spacing
of members shall be kept on the job.” Proposed paragraph 1910.27(a) would require that
scaffolds used in general industry meet the requirements for scaffolds in the construction
standards at 29 CFR 1926. The construction standards do not specify that employers maintain
copies of drawings and specifications on the job, and employers do not use outrigger scaffolds in
general industry. Therefore, the information collection requirement specified by existing
§1910.28(e)(3) would be unnecessary.
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.

While marking defective ladders and repair, service, and assembly pit areas would likely involve
the use of paper or tape products, employers may use automated, electronic, mechanical, or other
technology to mark ladders and pit areas.
4. Describe efforts to identify duplication. Show specifically why any similar information already available
cannot be used or modified for use for the purpose(s) described in Item 2 above.

The proposed 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).
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5. If the collection of information impacts small businesses or other small entities, describe any methods
used to minimize burden.

The information collection requirements specified by the proposed revisions to subpart D 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 the proposed
revisions to subpart D are the minimum frequencies necessary to effectively prevent employee
exposure to hazards 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 at 29 U.S.C. 651.
7. Explain any special circumstances that would cause an information collection to be conducted in a
manner:


requiring respondents to report information to the agency more often than quarterly;



requiring respondents to prepare a written response to a collection of information in fewer than 30
days after receipt of it;



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



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



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



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



that includes a pledge of confidentially that is not supported by authority established in statue 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 secrets, or other confidential information unless
the agency can demonstrate that it has instituted procedures to protect the information's
confidentially to the extent permitted by law.

No special circumstances exist that require employers to collect information using the procedures
specified by this item. The requirements are within the guidelines set forth in 5 CFR 1320.5.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register
of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior
to submission to OMB. Summarize public comments received in response to that notice and describe actions
taken by the agency in response to those comments. Specifically address comments received on cost and hour
burdens.

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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 preclude consultation in a specific situation.
These circumstances should be explained.

In accordance with the Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(B), 5
CFR 1320.5, 29 CFR 1320.8(d)(3), and 5 CFR 1320.11), OSHA is submitting revisions to the
Walking-Working Surfaces (29 CFR part 1910, subpart D) ICR (OMB Control Number 12180199) to OMB for review.
In 1990, OSHA proposed a rule (55 FR 13360) addressing slip, trip, and fall hazards, and
establishing requirements for personal fall-protection systems. Since that time, new technologies
and procedures have become available to protect employees from these hazards, and the Agency
is working to update these rules to reflect current technology. In 2003, OSHA published a notice
soliciting comment on a number of issues raised in the record for the 1990 proposal (68 FR
23528). As a result of the comments received on that notice, OSHA determined that the rule
proposed in 1990 was out of date and did not reflect current industry practice or technology. The
Agency is publishing this new proposal to reflect current information.
Members of the public who wish to comment on the paperwork requirements in this proposal
must send their written comments to the Office of Information and Regulatory Affairs, Attn:
OSHA Desk Officer (RIN 1218-AB80), Office of Management and Budget, Room 10235, 725
17th Street NW., Washington, DC 20503. The Agency encourages commenters to also submit
their comments on these paperwork requirements to the rulemaking docket (Docket Number
OSHA-2007-0072), along with their comments on other parts of the proposed rule. Comments
submitted in response to this notice are public records; therefore, OSHA cautions commenters
about submitting personal information such as Social Security numbers and date of birth.
9. Explain any decision to provide any payments or gift to respondents, other than renumeration of
contractors or grantees.

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

The paperwork requirements specified by the proposed revisions to subpart D do not involve
confidential information.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and
attitudes, religious beliefs, and other matters that are commonly considered private. This justification should
include the reasons why the agency considers the questions necessary, the specific uses to be made of the
information, the explanation to be given to persons from whom the information is requested, and any steps to
be taken to obtain their consent.

None of the provisions in the proposed revisions to subpart D require 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 and aggregate the hour burdens.



Provide estimates of annualized cost to respondents for the hour burdens for collections of
information, identifying and using appropriate wage rate categories. The cost of contracting out or
paying outside parties for information collection activities should not be included here. Instead, this
cost should be included in Item 13.

The following sections summarize the burden hour and cost determinations for the information
collection requirements specified by the proposed revisions to subpart D. The data for these
determinations is based on the preliminary economic analysis (PEA) prepared for the proposed
revisions to subpart D, and OSHA's estimate of the time it would take a worker who is required
to perform the necessary procedures. 2
OSHA will be removing the following sections from the existing subpart D:
• §1910.22(d)(1) -- General Requirements -- Floor Loading Protection.
• §1910.26(c)(2)(viii) -- Portable Metal Ladders -- Care of Ladders.
• §1910.28(e)(3) -- Safety Requirements for Scaffolding.
Burden Hour and Cost Determinations:
With respect to the wage and fringe benefit rate data for the one occupational category involved
in the information collection requirements described below (i.e., average production worker), the
hourly wage rate and benefits data were taken from Employer Costs for Employee
Compensation—June 2008, Bureau of Labor Statistics, United States Department of Labor,
Occupational Employment Statistics, June 2008.
• Average Production Worker

$22.89

According to the U.S. Census’ Statistics of U.S. Businesses, 2006, there are 6.7 million
establishments and 112 million workers that fall under the scope of the proposed revisions to
subpart D. An estimated 27.6 million workers are employed in production occupations.

2

These determinations do not include the provisions of existing subpart D that contain information
collections because these provisions would be removed under the proposal (see Table 1 below for details).

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• §1910.23(b)(10) (Ladders—General requirements for all ladders).
The Agency assumes that, on average, each establishment has at least three ladders (20,100,000
ladders), and that when a ladder becomes defective, most employers will simply dispose of the
ladder rather than repair it. OSHA estimates that only 3 percent of the ladders (603,000)
(20,100,000 x 3%) will be defective, and most of those ladders will be tagged “Do Not Use.”
The Agency estimates that only 10 percent (60,300) of the 603,000 ladders will be tagged with a
sign that contains language other than “Do Not Use.” 3 The Agency assumes that it will take 3
minutes (.05 hours) for a worker to construct a sign using other language, and to tag a ladder
with the sign.
Burden hours:
Cost:

60,300 ladders x .05 hours = 3,015 hours
3,015 hours x $22.89 = $69,013

• §1910.28(b)(8)(iii) (Duty to have fall protection—Repair, service, and assembly pits less
than 10 feet in depth).
OSHA estimates that only 1 percent (67,000) of the 6.7 million establishments will have to post
caution signs over pit areas, and that only 3 percent (2,010) of those signs will contain language
other than “Caution--Open Floor.” 4 The Agency assumes that it will take 3 minutes (.05 hours)
for a worker to construct a sign using other language, and to post the sign in the pit area.
Burden hours:
Cost:

2,010 signs x .05 hours = 101 hours
101 hours x $22.89 = $2,312

13. Provide an estimate for 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 service 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
collections services should be a part of this cost burden estimate. In developing cost burden
3

The definition of “collection of information” under PRA-95 excludes information provided by the
Government to a respondent. Therefore, the Agency is taking no burden hours or costs for those employers who use
the language “Do Not Use” for signs designating defective ladders.
4

The definition of a “collection of information” under PRA-95 excludes information provided by the
Government to a respondent. Therefore, the Agency is taking no burden hours or costs for those employers who use
the language “Caution—Open Floor” for signs demarcating repair, service, and assembly pits.

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estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day preOMB 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.

All costs under this item for complying with the existing and proposed collection of information
requirements under subpart D are included under those costs in Item 12.
14. Provide estimates of the annualized cost to the Federal government. Also, provide a description of the
method used to estimate cost, which should include quantification of hours, operational expenses (such as
equipment, overhead, printing, and support staff), and any other expense that would not have been incurred
without this collection of information. Agencies may also 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 $32.73, 5
would spend about five minutes (.08 hour) during an inspection checking for the signs specified
in this ICR. The Agency determined that its compliance officers will inspect about 844
firms/employers during each year covered by this ICR. 6 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 this ICR. Therefore, the total cost of
these paperwork requirements to the Federal government would be:
Cost: 844 inspections x .08 hour x $32.73 = $2,210
15. Explain the reasons for any program changes or adjustments.

The proposed revisions to subpart D would result in a program change decrease of 3,009 hours,
i.e., from 6,125 hours to 3,116 hours. Table 1 below describes each of the requested program
changes.
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 of information, completion of report,
publication dates, and other actions.

OSHA will not publish the information collected under the proposed revisions to subpart D.

5

The Agency used the 2010 General Schedule to obtain the hourly rate of base pay for a compliance officer.
(See http://www.opm.gov/oca/10tables/html/gs_h.asp ).
6

The Agency estimated the number of inspections by determining the inspection rate (1.4%) for all
establishments under the jurisdiction of the Act (including both Federal OSHA and approved state-plan agencies),
and then multiplying the total number of firms/employers that would be affected by the proposed standard by this
percentage (i.e., 60,300 establishments x 1.4% = 844 inspections).

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17. If seeking approval to not display the expiration date for OMB approval of the information collection,
explain the reasons that display would be inappropriate.

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

OSHA is not seeking an exception to the certification statement.

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TABLE 1
Subpart D – Walking-Working Surfaces for General Industry
Proposed Burden Hour Chart

Information Collection
Requirements
1

2

3

Proposed §1910.22(b)(10)—
Ladders with structural or other
defects must immediately be tagged
"Do Not Use" or with similar
language in accordance with
§1910.145 and must be removed
from service until repaired in
accordance with §1910.22(d), or
replaced.
Proposed §1910.28(b)(8)(iii)—
Caution signs stating, "Caution—
Open Floor," or a similar legend,
are posted so that they are readily
visible to employees entering the pit
area. Note: Caution signs must
meet the requirements of
§1910.145.
Existing §1910.22(d)(1)—In every
building or other structure, or part
thereof, used for mercantile,
business, industrial, or storage
purposes, the loads approved by the
building official shall be marked on
plates of approved design which
shall be supplied and securely
affixed by the owner of the
building, or his duly authorized
agent, in a conspicuous place in
each space to which they relate.
Such plates lost, removed, or

Current
Burden
Hours

Revised
Burden
Hours

Program
Change

Cost
Under
Item 12

Responses

0

3,015

3,015

$69,013

60,300

0

101

101

$2,312

2,010

2,775

0

-2,775

0

0

10

Rationale for Program Change
This proposed revision to subpart D
would replace the existing paragraph
1910.26(c)(2)(vii) requirement for
marking and removing defective metal
ladders; it would prevent workers
from using defective ladders.

This proposed revision to subpart D is
a new requirement; it would protect
workers from the fall hazards
associated with repair, service, and
assembly pits.

Proposed §1910.22(b)(1) and (b)(3)
would remove the requirement for
marking loads on plates of approved
design.

Information Collection
Requirements

4

5

defaced, shall be replaced by the
owner or his agent.
Existing §1910.26(c)(2)(vii)—
Ladders having defects are to be
marked and taken out of service
until repaired by either the
maintenance department or the
manufacturer.
Existing §1910.28(e)(3)—Unless
outrigger scaffolds are designed by
a licensed professional engineer,
they shall be constructed and
erected in accordance with table D16. Outrigger scaffolds designed by
a registered professional engineer
shall be constructed and erected in
accordance with such design. A
copy of the detailed drawings and
specifications showing the sizes and
spacing of members shall be kept on
the job.
Total

Current
Burden
Hours

Revised
Burden
Hours

Program
Change

Cost
Under
Item 12

Responses

Rationale for Program Change

3,350

0

-3,350

0

0

This provision would be included in
proposed §1910.22(b)(10).

0

0

0

0

0

The proposed revision to subpart D at
§1910.27(a) requires employers to
comply with the scaffold standards in
construction at 29 CFR 1926. The
construction standards do not specify
that employers maintain copies of
drawings and specifications on the
job, and employers do not use
outrigger scaffolds in general
industry. Therefore, the information
collection requirement specified by
existing §1910.28(e)(3) would be
unnecessary.

6,125

3,116

-3,009

$71,325

62,310

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