SS_1218-0003-Final (01-25-11)

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS OF THE
STANDARD ON GEAR CERTIFICATION (29 CFR PART 1919) 1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
CONTROL NO. 1218-0003 (January 2011)

A. 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 Sections 4, 6, 8 of the OSH Act (29 U.S.C. 653, 655, 657), and
Section 941 of the Longshore and Harbor Workers’ Compensation Act (44 Stat.1424), the
Occupational Safety and Health Administration (OSHA) published a standard on Gear
Certification at 29 CFR part 1919 (the “Standard”). This supporting statement addresses the
burden hours associated with gathering information to complete the OSHA 70 Form. The OSHA
70 Form is used by applicants seeking accreditation from OSHA to be able to test or examine
certain equipment and material handling devices, as required under the maritime regulations, part
1917 (Marine Terminals), and part 1918 (Longshoring). The OSHA 70 Form application for
accreditation provides an easy means for companies to apply for accreditation.
The collection of the information needed to complete this form is necessary to provide an
effective and efficient means of enabling employers and workers to determine if cargo gear,
equipment and/or other material handling devices are safe to use.
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 information is utilized by employers, workers, OSHA Compliance Officers, and OSHA's
National Office in order to provide a simplified and swift means for determining if certain cargo
handling devices are safe for use. The information is collected every time a maritime material
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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 Standard that contain paperwork requirements; this supporting statement does not provide
information or guidance on how to comply with, or how to enforce, the Standard.

handling device is tested or examined. Proof-load examinations are conducted every four years,
while visual examinations are conducted yearly.
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 is not making the OSHA 70 Form available electronically. The OSHA 70 Form is an
application for accreditation and is also used for renewal of current accredited agencies.
Renewal is required by regulation every three years. Before sending this form to a potential
applicant, OSHA speaks with the applicant to determine their credibility. This process saves the
Agency’s limited resources by not having to review numerous OSHA 70 Forms. It also saves
the public burden by not having to unnecessarily complete the OSHA 70 Form. By using this
process, less than 50 forms are completed by potential applicants and current accredited agencies
annually.
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 A.2 above.

The information collection requirement in the Standard is specific to each employer and worker
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 minimize the burden.

The information collection requirement specified by the Standard does 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 collection of information is for the purpose of employee safety and health in the workplace
and is the minimum amount necessary and appropriate.
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-in-aid,
or tax records, for more than three years;

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· 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 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.

This information request is consistent with the guidelines provided 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, 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 may preclude mitigate against consultation in
a specific situation. These circumstances should be explained.

Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA published a
notice in the Federal Register on November 5, 2010 (75 FR 68381) soliciting comments on its
proposal to extend the Office of Management and Budget’s approval of the information
collection requirements specified by the Standard on Gear Certification (29 CFR part 1919).
This notice was part of a preclearance consultation program that provided the general public and
government agencies with an opportunity to comment. The Agency did not receive any
comments in response to this 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.

The paperwork requirement specified by the Standard does not require the collection of
confidential information.
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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.

The paperwork requirement specified by the Standard does not 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 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 following information for determining burden hours was obtained from OSHA’s Office of
Maritime Enforcement. The wage rates are from the 2007 Preliminary Economic Analysis for
the proposed rule to revise Subpart F, General Working Conditions in Shipyard Employment.
Burden Hours for the OSHA 70 Form
OSHA, on average, receives 50 requests (35 for renewals and 15 new applicants) seeking
accreditation to perform inspections under 29 CFR part 1919. Based on consultation with such
applicants, it takes, on average, 45 minutes (.75 hour) to complete the OSHA 70 Form.
Burden hours:
Cost:

50 OSHA 70 Forms x .75 hour = 38
38 burden hours x $32.98 = $1,253

Disclosing Certifications
Based on information from OSHA’s Office of Maritime Enforcement, the Agency conducts
nearly 400 maritime inspections annually and it is estimated that it takes approximately five
minutes (.08 hour) for an employer to disclose certifications.
Burden hours:
Cost:

400 inspections x .08 hour = 32
32 burden hours x $32.98= $1,055

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Maintaining Certification Records:
Employers have an accredited agency conduct an annual visual examination and a thorough
quadrennial examination of cargo gear or other material handling devices. The accredited
Agency either issues a certificate to the owner that the piece of equipment passed the
examination or issues a certificate to the owner of any deficiencies found during the
examination. Approximately 746 marine terminals and approximately half of the 639 shipyards
(320 shipyards for a total 1,066) will have cranes that are required to be certificated. The
Agency estimates that 4,512 visual examinations and 1,504 quadrennial examinations are
conducted annually resulting in the issuance of 6,016 certifications. OSHA assumes that it takes
a clerical one minute (.02 hour) per year to maintain the certificate.
Burden hours: 6,016 certifications x .02 hour = 120 hours
Cost: 120 hours x $23.63 = $2,835
13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the
collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

Employers pay an accredited agency to conduct an annual visual examination and a thorough
quadrennial examination of cargo gear or other material handling devices. Based upon staff
conversations with several employers, the Agency found that, on average, employers pay
accredited agencies $450 to perform the annual visual examination and $560 to perform the
quadrennial examinations.
4,512 visual examinations x $450 = $2,030,400
1,504 quadrennial examinations x $560 = $842,240
TOTAL ANNUAL COST BURDEN: $2,872,640
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 $37.37 2 ,
spends about 5 minutes (.08 hour) during an inspection reviewing the documents required by the
Standard. The Agency determines that its compliance officers will conduct an estimated 400
inspections during each year covered by this ICR. OSHA considers other expenses, such as
equipment, overhead, and support staff salaries, to be normal operating expenses that would

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Source: U.S. Office of Personnel Management, General Schedule and Locality Tables, Salary Table
2010-RUS, http://www.opm.gov/oca/10tables/pdf/rus_h.pdf.

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occur without the paperwork requirements specified by the Standard. Therefore, the total cost of
these paperwork requirements to the Federal government is:
Cost: 400 inspections x .08 hour x $37.37 = $1,196
In addition, OSHA assumes that it takes a safety specialist (GS-13, step 5), at an hourly wage
rate of $48.35, three hours to review 15 new OSHA 70 forms, and 1.5 hours to review the 35
renewals.
Cost: 15 new forms x 3 hours = 45 x $48.35 = $2,176
35 renewals x 1.5 hour = 53 x $48.35 = $2,563
Thus, the total cost of the paperwork requirements to the Federal government is:
($1,196 + $2,176 + $2,563) = $5,935
15. Explain the reasons for any program changes or adjustments.

There are no program changes or adjustments to the burden hours associated with this ICR.
However, there is an increase in costs under Item 13 from $1,128,000 to $2,872,640; a total
increase of $1,744,640. This increase is a result of employee staff contact with several
employers who indicated that the cost of the visual inspections performed by an accredited
agency was in the range of $450 (up from the previous estimate of $150) and the cost of the
quadrennial examination was $560 (up from the previous estimate of $300).
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 29 CFR part 1919.
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.

The Agency is continuing to seek approval to not display the expiration date of OMB's approval
on the OSHA 70 Form. In previous years, the Agency has published a number of these forms at
the beginning of the three-year approval period and has found that it has an excess number of
forms which could be used if not for the expiration date being displayed on them.
18. Explain each exception to the certification statement in ROCIS.

OSHA is not seeking such an exception in ROCIS.

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B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This Supporting Statement does not contain any collection of information requirements that
employ statistical methods.

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