SS_1218-0093 (Const Posting Requirements) (04-06-2011)

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS OF THE
CONSTRUCTION STANDARDS ON POSTING
EMERGENCY TELEPHONE NUMBERS AND FLOOR LOAD LIMITS
(29 CFR 1926.50(f) and 1926.250(a)(2)) 1
OFFICE OF MANAGEMENT AND BUDGET
(OMB) CONTROL NO. 1218-0093 (April 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 main purpose of the Occupational Safety and Health Act (OSH Act) is to “assure so far as
possible every working man and woman in the Nation safe and healthful working conditions and
to preserve our human resources” (29 U.S.C. 651). To achieve this objective, the OSH Act
specifically authorizes “the development and promulgation of occupational safety and health
standards” (29 U.S.C.) 651). Accordingly, section 6(b)(7) of the OSH Act specifically authorizes
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 apprized of all
hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and
proper conditions and precautions of safe use or exposure” (29 U.S.C. 655).
Under the authority granted by the OSH Act, the Occupational Safety and Health Administration
(“OSHA” or “the Agency”) published paragraph (f) of § 1926.50 (Standard on Medical Services
and First Aid) requiring employers to post emergency telephone numbers at the worksite if the
911 emergency telephone service is not available, and paragraph (a)(2) of § 1926.250 (Standard
on General Requirements for Storage) specifying that employers must post the maximum safe
load limits of floors located in storage areas inside buildings or other structures, unless the floors
are on grade. Items 2 and 12 below describe the specific information collection requirements of
these paragraphs.
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.

Two construction standards, § 1926.50 (“Medical Services and First Aid”) and § 1926.250
(“General Requirements for Storage”), contain posting provisions. Paragraph (f) of § 1926.50
requires employers to post emergency telephone numbers for physicians, hospitals, or
ambulances at the worksite if the 911 emergency telephone service is not available; in the event
a worker has a serious injury at the worksite, this posting requirement expedites emergency
1

The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated with
the paperwork requirements of these provisions; this Supporting Statement does not provide information or guidance
on how to comply with, or how to enforce, these provisions.

medical treatment of the worker. Section 1926.250, paragraph (a)(2) specifies that employers
must post the maximum safe load limits of floors located in storage areas inside buildings or
other structures, unless the floors are on grade. This provision prohibits employers from
overloading floors in areas used to store material and equipment in multi-story units that are
under construction; thereby, preventing the floors from collapsing and seriously injuring
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.

Employers may use any available technology to meet the paperwork requirements specified by
§ 1926.50(f) and § 1926.250(a)(2). The Agency wrote these provisions in performance-oriented
language, i.e., in terms of what information to provide, not how to provide it.
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 requirements in § 1926.50(f) and § 1926.250(a)(2) are specific to
each employer involved, and no other sources or agencies duplicate these requirements or can
make the required information available to OSHA, i.e., the required information is available only
from employers.
5. If the collection of information impacts small businesses or other small entities, describe any methods used
to minimize burden.

The information collection requirements specified by § 1926.50(f) and § 1926.250(a)(2) 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 Standard are the
minimum frequencies 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 OSH Act at 29 U.S.C. 651. Accordingly, if employers do not
perform the information collections required by § 1926.50(f) and § 1926.250(a)(2), or delay in
providing this information, emergency treatment of workers seriously injured at the worksite
may not be available in a timely fashion, and employers may catastrophically overload floors in
storage areas of buildings and structures where construction activities are taking place. Workers
would be at increased risk of serious injury and death if emergency treatment is not available
when needed, or they are on, under, or near a collapsing floor.

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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 specified by this item; the paperwork requirements specified by
§ 1926.50(f) and § 1926.250(a)(2) are within the guidelines set forth in 5 CFR 1320.6.
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 Federal Register notice on February 15, 2011 (76 FR 8778, Docket No. 2011-0032)
soliciting comments from the public and other interested parties on the information collection
requirements contained in the Construction Standards on Posting Emergency Telephone
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Numbers and Floor Load Limits (29 CFR 1926.50(f) and 1926.250(a)(2)). This notice was part
of a preclearance consultation program that provided interested parties with the opportunity to
comment on OSHA’s request for an extension by OMB of these previously approved
information collection requirements. The Agency received no comments on this request.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration 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 § 1926.50(f) and § 1926.250(a)(2) 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 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 requirements specified by § 1926.50(f) and § 1926.250(a)(2) do not involve
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 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 following sections describe the burden hour and cost estimates for the information collection
requirements specified by § 1926.50(f) and § 1926.250(a)(2); these sections determine burden
hours and cost separately for posting emergency telephone numbers and floor load limits.
OSHA
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estimates that these information collection requirements result in a total of 139,078 burden hours
and a cost of $4,172,340.
(A) Posting Emergency Telephone Numbers (§ 1926.50(f))
The Dodge Construction Potentials Bulletin for December 2009 (Dodge 2009) showed total
construction projects for 2009 as 594,554, a decline of almost 950,000 projects from 2006, for
which Dodge reported 1,549,231 projects. Dodge 2009 reported that one family houses made up
434,266 of that number, and that two family houses and apartment buildings made up an
additional 17,581 of that number). Also the Dodge 2009 showed that there were 43,524 nonresidential building projects (e.g., warehouses, plants, schools, etc.) and an additional 27,495
non-building projects (e.g., dams, roads, sewer, water, etc.). The Agency determined that
construction contractors build approximately half of the one family houses at single house
project sites, or 217,133 project sites. Additionally, they build the other 217,133 one family
houses at multiple-house projects (i.e., 2 or more houses per project). Assuming the most
burdensome case scenario, that the multiple-house projects each only hold two houses, the total
number of these projects is 108,567 (i.e., 217,133 houses  2 houses per project). Therefore, the
total number of worksites covered by this provision is: 414,240 projects (217,133 one family
house projects + 108,567, multiple house one family house projects + 17,521 two family house
and apartment projects + 43,524 non-residential projects + 27,495 non-building projects =
414,240 projects)
OSHA finds that 99% of the population is covered by the 911 service. 2 Therefore, OSHA
assumes 99% of the 414,240 worksites have access to the 911 emergency telephone service,
while at the remaining 4,142 projects employers must post emergency telephone numbers. The
Agency assumes that an average construction worker at an hourly wage rate of $30.00 3 takes 2
minutes (.03 hour) to obtain the emergency phone number, write the information on excess
material available at the worksite (e.g., cardboard, stiff paper), and then post the information at a
conspicuous location as required by § 1926.50(f). Therefore, the estimated burden hours and
cost of this paperwork requirement are:
Burden hours: 4,142 project sites x .03 hour = 124 hours
Cost: 124 hours x $30.00 = $3,720
(B) Posting Floor Load Limits (§ 1926.250(a)(2))
OSHA believes that during construction of multi-story buildings and structures, employers
usually store building materials on elevated floors. Prior to using elevated floors for this
2

U.S. Government Printing Office, Telecommunications States’ Collection and Use of Funds for Enhanced 911
Services (March 2006), p. 5.
3

Source: The Bureau of Labor Statistics, Occupational Employment Statistics, May 2009 National Occupational
Employment and Wage Estimates United States.

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purpose, §1926.250(a)(2) requires employers to post the load limits of the floors to prevent
overloading and possible collapse. The Agency finds that, as a usual and customary business
practice, floor load limits are readily available from engineering drawings maintained at the
worksite. These figures are required by building codes.
The Agency determines that construction contractors at single-story sites store building materials
on the ground, or on floors often called “slabs on grade” (supported directly by the earth). At
projects where the structures are built over basements or crawl spaces, contractors who store
materials on the floors are required to post load limits. The Agency estimates that during the
construction of each building or structure, employers store building materials on average in only
two specified areas, and that an average construction worker spends a total of 15 minutes per
project (.25 hour) retrieving the floor load limit data from engineering drawings, preparing an
average of two signs using materials readily available at the worksite and then posting the signs
in the storage areas as required by §1926.250(a)(2). The Agency estimates that there are
555,816 locations on construction projects that require floor load limit posting. This number is
based on there being 277,908 multi-story projects and single story projects built over basements
or crawl spaces subject to §1926.250(a)(2) that average 2 postings per project.
The project number is reached using estimates based on the Dodge 2009 Data and on 2009 U.S.
Census Bureau residential housing characteristic data, as well as staff knowledge of the
construction industry. Based on this, the Agency revises its past estimates of the impact of
§1926.250(a)(2) on construction projects. The Dodge 2009 data shows a total of 43,524 nonresidential building projects for 2009. The Agency estimates that all of them are subject to floor
load posting requirements. The Agency does not include any non-building construction in this
calculation because of the nature of the work sites. The Bureau of Census data indicate 48% of
new one-family houses completed in 2009 had either basements or crawl spaces under their first
floors. In addition, the Bureau of Census data indicate that 53% of new single-family houses
were two or more stories tall. The data does not indicate the overlap of these two characteristic
sets (basement/crawl space or multiple floors). Therefore, Agency staff estimate that 50% of the
434,266 one-family houses (217,133) and all 17,521 two-family houses and apartments are
subject to §1926.250(a)(2) requirements. The 43,524 non-residential building projects plus the
217,133 one-family house projects plus 17,251 multi-family and apartment projects total
277,908 floor load-limit-posting required projects. The Agency estimates, that on average, each
project will have two storage areas; this produces 555,816 required postings.
Accordingly, the yearly burden hour and cost estimates for this requirement are:
Burden hours: 555,816 load limit posting required projects x .25 hour
developing and posting signs = 138,954 hours
Cost: 138,954 hours x $30.00 = $4,168,620
13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the
collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

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

The 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 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.

Item 12 above provides the total cost of the information collection requirements specified by
§1926.50(f) and § 1926.250(a)(2).
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.

The Agency estimates that a compliance officer (GS-12, step 5), at an hourly wage rate of
$37.37 4 spends about 5 minutes (.08 hour) during an inspection reviewing the information
posted as required by § 1926.50(f) and § 1926.250(a)(2). In Fiscal Year 2010, the latest year for
which data is available, OSHA conducted 103 inspections resulting in no citations of
§1926.50(f) and 26 inspections resulting in 2 citations of §1926.250(a)(2). Since the
construction industry, by commercially available estimates has been contracting, the number of
projects has decreased significantly since 2007’s burden calculation. OSHA estimates that these
inspection numbers will likely remain about the same or increase slightly during the next three
year period. In revising this burden calculation, the Agency allows for a slight increase to 200
inspections annually of these requirements. The Agency considers other expenses, such as
equipment, overhead, and support staff salaries, as normal operating expenses that would occur
without the collection of
4

SOURCE: U.S. Office of Personnel Management, General Schedule and Locality Tables, Salary Table
2011-RUS.

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information requirements specified by § 1926.50(f) and § 1926.250(a)(2). Therefore, the total
cost of these paperwork requirements to the Federal Government is:
Cost: 200 inspections x .08 hour x $37.37 = $598
15. Explain the reasons for any program changes or adjustments.

The Agency is requesting an adjustment decrease of 58,741 burden hours (from 197,819 hours to
139,078 hours) as a result of a decline in the number of construction projects. In the previous
ICR, there were a reported 1,549,231 construction projects; however, new data indicates that in
2009, there were only 594,554 projects.
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 § 1926.50(f) and § 1926.250(a)(2).
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 requesting an exception to the certification statement in ROCIS.
B. COLLECTIONS OF INFORMATON EMPLOYING STATISTICAL METHODS
This Supporting Statement does not contain any collection of information requirements that
employ statistical methods.

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