Ss_1218-0218(09-29-10)

SUPPORTING STATEMENT FOR
THE INFORMATION COLLECTION REQUIREMENTS OF
THE HYDROSTATIC TESTING PROVISION OF THE PORTABLE FIRE
EXTINGUISHERS STANDARD (29 CFR 1910.157(f)(16)) 1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
CONTROL NO. 1218-0218 (October 2010)

JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary. Identify any legal or
administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each
statute and regulation mandating or authorizing the collection of information.

The main objective of the Occupational Safety and Health Act of 1970 (i.e., “the Act”) is to
“assure so far as possible every working man and woman in the Nation safe and healthful
working conditions and to preserve our human resources” (29 U.S.C. 651). To achieve this
objective, the Act authorizes “the development and promulgation of occupational safety and
health standards” (29 U.S.C. 651).
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 Act, the Occupational Safety and Health Administration (i.e.,
“OSHA” or “the Agency”) published at 29 CFR 1910.157 a safety standard for general industry
regulating portable fire extinguishers (i.e., “the Standard"). The Standard includes a provision
requiring hydrostatic testing of portable fire extinguishers at intervals specified by the Standard
(§ 1910.157(f)(2) and Table L-1).
The hydrostatic testing provision (§ 1910.157(f)(16)) requires employers to certify that portable
fire extinguishers have been hydrostatically tested as prescribed by the Standard by preparing a
certification record upon completion of the test. The record must be maintained on file and made
available to OSHA compliance staff. Items 2 and 12 below describe in detail the specific
information collection requirement of 1910.157(f)(16), hereafter “the provision.”

1

The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated
with the hydrostatic testing provision of the Standard on Portable Fire Extinguishers; this Supporting Statement does
not provide information or guidance on how to comply with, or how to enforce, the Standard.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection,
indicate the actual use the Agency has made of the information received from the current collection.

The following section describes who uses the information in the certification record, as well as
how they use it. The purpose of the requirement is to reduce workers’ risk of death or serious
injury by ensuring that portable fire extinguishers are in safe operating condition.
Test records (§ 1910.157(f)(16))
Paragraph (f)(16) requires employers to develop and maintain a certification record of
hydrostatic testing of portable fire extinguishers. The certification record must include the date
of inspection, the signature of the person who performed the test, and the serial number (or other
identifier) of the fire extinguisher that was tested.
Disclosure of Test Certification Records
The certification record must be made available to the Assistant Secretary or his/her
representative upon request. The certification record provides assurance to employers, workers,
and OSHA compliance officers that the fire extinguishers have been hydrostatically tested in
accordance with and at the intervals specified in § 1910.157(f)(16); thereby, ensuring that they
will operate properly in the event workers need to use them. Additionally, these records provide
the most efficient means for the compliance officers to determine that an employer is complying
with the hydrostatic testing provision.
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 information
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
paperwork requirements of the provision in performance-oriented language ( i.e., in terms of
what data to collect, not how to record the data).
4. Describe efforts to identify duplication. Show specifically why any similar information already available
cannot be used or modified for use for the purpose(s) described in 2 above.

The requirement to collect and maintain information is specific to each employer and employee
involved, and no other source or agency duplicates the requirement or can make the required
information available to OSHA (i.e., the required information is available only from employers).
5. If the collection of information impacts small businesses or other small entities, describe the methods used
to reduce the burden.

The information collection requirement specified by the provision does not have a significant
impact on a substantial number of small entities.
2

6. Describe the consequence to Federal program or policy activities if the collection is or is not conducted less
frequently, and any technical or legal obstacles to reducing the burden.

The Agency believes that the information collection frequency required by the provision is the
minimum frequency necessary to fulfill its mandate “to assure so far as possible every working
man and woman in the nation safe and healthful working conditions and to preserve our human
resources” as specified in the Act at 29 U.S.C. 651. Accordingly, if employers do not perform
the required information collection, or delay in providing this information, employees may
inadvertently attempt to operate fire extinguishers that are not in proper working order, thus
increasing their risk of death or serious injury.
7. Explain any special circumstances that would cause an information collection to be conducted in a
manner:
·

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

·

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

·

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

·

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

·

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

·

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

·

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

·

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

Paragraph (f)(16) of 1910.157 requires employers to keep the most recent certification record
verifying that hydrostatic testing of fire extinguishers has been performed at intervals specified
in Table L-1 of the Standard. Table L-1 requires testing of fire extinguishers at intervals varying
between 5 to 12 years, depending on the type of fire extinguisher. Employers who test fire
extinguishers only at these intervals will be required to retain testing certification records for
longer than 3 years.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register
of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection before
submission to OMB. Summarize public comments received in response to that notice and describe actions

3

taken by the agency in response to those comments specifically address comments received on cost and hour
burdens.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data,
frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any),
and on the data elements to be recorded, revealed, 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 three years -- even if the collection of information activity is
the same as in prior periods. There may be circumstances that mitigate against 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 11, 2010 (75 FR 48728, Docket No.
OSHA-2010-0025) requesting public comment on its proposed extension of the information
collection requirements contained in the Standard on the Hydrostatic Testing Provision of the
Portable Fire Extinguishers Standard (29 CFR 1910.157(f)(16)). This 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 (OMB)
of a previous approval of the information collection requirements found in the above Standard.
The Agency received no comments in response to its notice to comment on this request.
9. Explain any decision to provide any payments or gift to respondents, other than reenumeration of
contractors or grantees.

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

The paperwork requirements specified by the provision 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.

The provision does not involve 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 explain the reasons for the variance. Generally, estimates should not include burden
hours for customary and usual business practices.

4

·

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
The number of portable fire extinguishers covered by this ICR is based on the number of
establishments covered. The Agency used data available from Table 1, Covered establishments,
employment, and wages in the 335 largest counties, third quarter 2009 of the Economic News
Release, Bureau of Labor Statistics, U.S. Department of Labor. The data indicates that there are
9.06 million establishments in the United States and; therefore, estimates that 9.06 million
portable fire extinguishers will be subject to hydrostatic testing at intervals of 5 to 12 years.
The Agency adopted the mean wage rates from May 2009 National Occupational Employment
and Wages, U.S. Department of Labor, Bureau of Labor Statistics. 2 Total compensation for these
occupational categories includes an adjustment of 30.4 percent (Employer Costs for Employee
Compensation, June 2010) 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:
Precision Inspector, Tester, Grader
Supervisory Inspector

$21.84
$34.57

Generating and/or Maintaining the Certification Record of the Hydrostatic Testing of
Portable Fire Extinguishers – § 1910.157(f)(16).
Paragraph (f)(16) requires employers to assure that the required hydrostatic testing of fire
extinguishers (the “extinguisher”) has been performed in accordance with, and at the time
intervals, specified in Table L-1 of the Standard. The evidence must be in the form of a
certification record which includes the date of the test, the signature of the person who
performed the test, and the serial number, or other identifier, of the extinguisher that was tested.
The records must be kept until the extinguisher is hydrostatically retested as specified by Table
L-1 of the Standard or until the extinguisher is taken out of service.
OSHA estimates that 85 percent of all extinguishers (7,706,100) are sent to an outside contractor
for the necessary testing. The Agency estimates that it will take 1 minute (.02 hour) to maintain
each record. OSHA estimates the remaining units (1,359,900) are tested in the workplace where
they are used. There is a cost for the contracted maintenance service listed in #13 below.

2

The website is http://www.bls.gov/oes/current/oes_nat.htm#

5

For the extinguisher tested at the workplace, OSHA estimates the time involved is 30 minutes
(.50 hour) plus an additional 3 minutes (.05 hour) to generate and maintain the record. Based on
Table L-1 below, OSHA is using an average test interval of 7.5 years for each extinguisher (105
years divided by 14 types of extinguishers = 7.5 years). Therefore, the total annual burden hours
and cost estimates for this paperwork requirement are:
Burden hours: 7,706,100 extinguishers x .02 hour/7.5 years = 20,550
Cost: 20,550 hours x $21.84 = $448,812

Burden hours: 1,359,900 extinguishers x .55 hour/7.5 years = 99,726
Cost: 99,726 hours x $21.84 = $2,178,016
Disclosure of Test Certification Records
The inspection certification records assure employers and employees that portable fire
extinguishers have been hydrostatically tested. These records also provide the most efficient
means for an OSHA compliance officer to determine that an employer is complying with the
Standard, and that the portable fire extinguishers are in safe operating condition.
3

OSHA believes that approximately 129,924 portable fire extinguishers covered by the Standard
will be subject to an OSHA inspection where the employer will be required to disclose
inspection certification records annually (see Item 14 below). OSHA estimates that it will take a
supervisory inspector 2 minutes (.03 hour) to disclose the requested information
Burden hours: 126,924 inspections x .03 hour = 3,808
Cost: 3,808 burden hours x $34.57 = $131,643
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 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.
3

OSHA estimated the number of inspections by multiplying OSHA’s inspection rate (1.4%) by the number of
portable fire extinguishers covered by this ICR (i.e., 9,066,000 portable fire extinguishers x 1.4% = 126,924
inspections).
6

·

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 respondent (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 hydrostatically test a portable fire extinguisher ranges from $10.00 to $22.50 4
depending on the type of test and the size of the extinguisher. Therefore, for calculating cost,
the Agency is using an average of $16.25. As discussed in #12 above, about 7,706,100
extinguishers are tested through contract with a fire extinguisher maintenance service. Using the
same time interval of 7.5 years for testing, the cost per year is estimated at $16,696,550 annually
(7,706,100 x $16.25/7.5 years).
Table L-1 5
Type of Extinguishers

Test interval (years)

Soda acid (stainless steel shell)

5

Cartridge operated water and/or antifreeze

5

Stored pressure water and/or antifreeze

5

Wetting agent

5

Foam (Stainless Steel)

5

Aqueous film forming foam (AFFF)

5

Loaded stream

5

Dry chemical with stainless steel

5

Carbon dioxide

5

Dry chemical, stored pressure, with mild steel,

12

4

SOURCE: http://sterlingfire.vicbc.com/extinguishers.htm

5

Table has been modified to remove soda acid (soldered brass shells) and foam (soldered brass shells). These
extinguishers should have been removed from service on January 1, 1982.
7

Type of Extinguishers
brazed brass or aluminum shells

Test interval (years)

Dry chemical, cartridge or cylinder operated, with mild
steel shells

12

Halon 1211

12

Halon 1301

12

Dry powder, cartridge or cylinder operated with mild
steel shells

12

14. Provide estimates of the annualized cost to the Federal Government. Also, provide a description of the
method used to estimate cost, which should include quantification of hours, operational expenses (such as
equipment, overhead, printing, and support staff), any other expense that would not have been incurred
without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14
into a single table.

OSHA estimates that a compliance officer (GS-12, step 5), with an hourly wage rate of $40.66,
spends about five minutes (.08 hour) during an inspection reviewing the documents required by
the Standard. The Agency determines that its compliance officers will inspect about 126,924
certification records of portable fire extinguishers regulated by the Standard during each year
covered by this ICR (see footnote 2). 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 provision. Therefore, the total cost of these
paperwork requirements to the Federal government is:
Cost: 126,924 certification records x .08 hour x $40.66 = $412,858
15. Explain the reasons for any program changes or adjustments.

OSHA is requesting a decrease in the burden hours of the information collection requirements in
the Standard from 125,952 hours to 124,084 hours for a total decrease of 1,868 burden hours.
The decrease is a result of the decrease in the growth rate of the number of establishments per
portable fire extinguishers in the workplace from 9,202,500 to 9,066,000 that would be subjected
to the requirement that they be hydrostatically tested at intervals of 5 to 12 years. In addition,
there is an increase in the cost from $16,687,200 to $16,696,550 for those employers who use an
outside source for the testing of portable fire extinguishers. This increase is due to an increase in
the average price of the testing ranging from $10.00 to $22.50 per extinguisher.
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 provision.
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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 appropriate.

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

OSHA is not seeking an exception to the certification statement in ROCIS.

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Table 1: Requested Burden-Hour Adjustments
Information
Collection
Requirement
Generating and/or
Maintaining the
Certification Record
of the Hydrostatic
Testing of Portable
Fire Extinguishers
(29 CFR
1910.157(f)(16))

Current
Burden Hours
20,859

Requested
Burden
Hours
20,550

Adjustment
-309

Cost Under
Item 12
$448,812

Cost Under
Item 13
$16,696,550

Responses
1,027,480

101,228

99,726

-1,502

$2,178,016

0

181,320

Disclosure of Test
Certification Records

3,865

3,808

-57

$131,643

0

126,924

TOTAL

125,952

124,084

1,868

$2,758,471

$16,696,550

10

1,335,724

Explanation of Adjustment
A decrease in burden hours and cost occurred
due to a decrease in the number of portable
fire extinguishers based on a decrease in the
number of establishments. In addition, there
is an increase in the cost (from $16,687,200 to
$16,696,550) for those employers who use an
outside source for the testing of portable fire
extinguishers.
A decrease in burden hours and cost occurred
due to a decrease in the number of
establishments per portable fire extinguishers
in the workplace.
An increase in burden hours and cost occurred
due to a decrease in the number of portable
fire extinguisher which may by subject to an
OSHA inspection.