Ss_1218-0215_(20130308)

SUPPORTING STATEMENT FOR

THE INFORMATION COLLECTION REQUIREMENTS OF

THE STANDARD ON PERSONAL PROTECTIVE EQUIPMENT (PPE)

FOR SHIPYARD EMPLOYMENT (29 CFR PART 1915, SUBPART I)¹

OFFICE OF MANAGEMENT AND BUDGET (OMB)

CONTROL NO. 1218-0215

(March 2013)

1. 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).

With regard to recordkeeping, 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). The OSH 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) published at 29 CFR part 1915, subpart I, the standard on Personal Protective Equipment (PPE) for Shipyard Employment. Subpart I requires employers to provide and ensure that each affected worker uses the appropriate personal protective equipment (PPE) for the eyes, face, head, extremities, torso, and respiratory system, including protective clothing, protective shields, protective barriers, life-saving equipment, personal fall arrest systems, and positioning device systems that meets the applicable provisions of this subpart, whenever workers are exposed to hazards that require the use of PPE. Items 2 and 12 below describe in detail the specific information collection requirements of subpart I.

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.

Subpart I specifies several paperwork requirements, which are described below. These collections of information are needed to determine, during an OSHA inspection by a compliance safety and health officer, if employers are in compliance with subpart I. Less frequent information collections will seriously hinder the Agency’s ability to ensure that workers are protected as required by subpart I.

Hazard Assessment and Verification (§1915.152(b)). Section 1915.152(b) requires the employer to assess work activities to determine whether there are hazards present, or likely to be present, which necessitate the worker’s use of PPE. If such hazards are present, or likely to be present, the employer must: (1) select the type of PPE that will protect the affected worker from the hazards identified in the occupational hazard assessment; (2) communicate selection decisions to affected workers; (3) select PPE that properly fits each affected worker; and (4) maintain documentation that verifies that the required occupational hazard assessment has been performed. The verification must contain the following information: occupation or trade assessed, the date(s) of the hazard assessment, and the name of the person performing the hazard assessment; and

Disclosure of Inspection Records. The Agency believes that some employers will be subject to an OSHA inspection annually and be required to disclose hazard assessment certification records.

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 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 subpart I paperwork requirements 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 purposes described in Item A.2 above.

The requirements to collect and maintain information are specific to each employer and worker involved, and no other source or agency duplicates these requirements or can make the required information available to OSHA (i.e., the required information is available only from employers).

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

The information collection requirements in subpart I 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 subpart I are the minimum frequencies necessary to effectively monitor the use of PPE by shipyard employers 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 (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-in-

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 information collection requirements are consistent with 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 these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years, even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA published a notice in the Federal Register on December 5, 2012 (77 FR 72411), 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 Personal Protective Equipment (PPE) for Shipyard Employment (29 CFR part 1915, subpart I). This notice was part of a preclearance consultation program that provided the general public and government agencies with an opportunity to comment. The Agency received one comment in response to its notice.

The commenter, Mr. Mark A. Kohorn of Halvo Rigging, Inc., of Cypress, CA, remarked that PPE is a must and should be the responsibility of the employee. He went on to say “To purchase these materials, to upkeep and maintain them should be the employee’s responsibility.”

However, the Agency would like to point to the preamble of its Final Rule on Employer Payment for Personal Protective Equipment dated November 15, 2007 (72 FR 64342) which states in part “Many Occupational Safety and Health Administration (OSHA) health, safety, maritime, and construction standards require employers to provide their employees with protective equipment, including personal protective equipment (PPE), when such equipment is necessary to protect employees from job-related injuries, illnesses, and fatalities…. In this rulemaking, OSHA is requiring employers to pay for the PPE provided, with exceptions for specific items. The rule does not require employers to provide PPE where none has been required before. Instead, the rule merely stipulates that the employer must pay for required PPE, except in the limited cases specified in the standard.”

While the Agency appreciates Mr. Kohorn’s view, he did not offer any comments on the Agency’s request for comments on its burden hour estimate. Therefore, the Agency will retain its proposed estimate.

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.

No elements of confidentiality are involved.

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 subpart I 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 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 14.

Burden Hour and Cost Determinations

OSHA estimates that there are 88,121 shipyard workers potentially exposed to workplace hazards that may require the use of PPE. The number of establishments is estimated to be 635. These estimates were taken from the Final Rule on General Working Conditions in Shipyard Employment; (76 FR 24576) published on May 2, 2011. Table 1 provides a comparison of shipyard establishments by size:

Table 1

Comparison by Size of Establishments

Size of Number of Affected

Establishment Establishments Employees

1-19 workers	371		2,041
20-99 workers	85	Offsite	1,957
20-99 workers	31		1,303
100-199 workers	51		4,310
200-499 workers	32		7,328
500--999 workers	25		5,261
1000 and up	40		65,921
Total establishments	635		88,121

Wage Rates for Shipyards

The Agency determined average wage rates for PPE for Shipyard Employment using an average hourly earning, including benefits, to represent the cost of employee time. The Agency adopted the mean wages rates from Employer Cost for Employee Compensation. September 2011, U.S. Department of Labor, Bureau of Labor Statistics, http://stats.bls.gov/home.htm. Total compensation for occupational category includes an adjustment of 30.6 percent (Employer Costs for Compensation, September 2011) for fringe benefits; this figure represents the average level of fringe benefits in the private sector. The cost of labor used in this analysis is, therefore, an estimate of total hourly compensation. The hourly wage is:

Supervisors $50.11

(A) Hazard Assessment and Verification Record (1915.152(b)). Subpart I requires that employers conduct a hazard assessment and make a determination regarding their need for PPE. Employers must assess work activities to determine whether there are hazards present, or likely to be present, which necessitate the worker’s use of PPE. If such hazards are present, or likely to be present, the employer must: (1) select the type of PPE that will protect the affected worker from the hazards identified in the occupational hazard assessment; (2) communicate selection decisions to affected workers; (3) select PPE that properly fits each affected worker; and (4) verify that the required occupational hazard assessment has been performed. The verification must contain the following information: Occupation, the date(s) of the hazard assessment, and the name of the person performing the hazard assessment.

The final rulemaking record showed that shipyards were already performing hazard assessments and reassessments as a normal and routine shipyard practice; however, they were not documenting these assessments. Therefore, the ICR only includes burden hours and costs for documenting assessments and reassessments. The Summary of Final Economic Analysis, Regulatory Flexibility Certification, and Environmental Impact Assessment (Final Economic Analysis) in the final rule (61 FR 26322 (5/24/1996)) estimated it takes 5 minutes (.08 hour) to record the hazard assessment for each occupation covered.

The initial hazard assessment is a one-time obligation unless new or different workplace hazards arise or changes in workplace conditions are such that such hazards are likely to be present in the workplace, in which case the employer must perform an updated or revised hazard reassessment. Thus, for purposes of this ICR, the Agency assumes that all 635 establishments have conducted their initial assessments. In addition, because the number of establishments in this industry is declining, OSHA estimates that there is virtually no establishment turnover rate in this industry.

OSHA estimates that 10 percent of the original number of hazard assessments per establishment will be reassessed in a given year. The total number of hazard assessments is determined by multiplying the number of establishments by the number of hazard assessments for that size of establishment. The number of hazard assessments per establishment is based on the Final Economic Analysis, which stated that assessments and reassessments would be conducted for occupations at the shipyard.

Burden hours: (371 establishments x 5 assessments) x .10 x .08 hour = 15 hours

(116 establishments x 5 assessments) x .10 x .08 hour = 5 hours

( 51 establishments x 10 assessments) x .10 x .08 hour = 4 hours

( 32 establishments x 30 assessments) x .10 x .08 hour = 8 hours

( 25 establishments x 30 assessments) x .10 x .08 hour = 6 hours

( 40 establishments x 40 assessments) x .10 x .08 hour = 13 hours

51 hours

Cost: 51 burden hours x 50.11 = $2,556

(B) Disclosure of Inspection Records.

The Agency believes that approximately nine employers will be subject to an OSHA inspection annually and be required to disclose hazard assessment certification records (see Item 14 below). Such disclosure is estimated to take 5 minutes (.08 hour).

Burden hours: 9 inspections x.08 hour = 1 hour (rounded up)

Cost: 1 x $50.11 = $50

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 determinations made under Item 12 account for the total annual cost burden to respondents or record keepers resulting from these collection of information requirements.

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 $37.37², spends about five minutes (.08 hour) during an inspection reviewing the documents required by subpart I. The Agency has determined that its compliance officers will conduct approximately nine inspections under subpart I during each year covered by this ICR.³ 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 subpart I. Therefore, the total cost of these paperwork requirements to the Federal government is:

Cost: 9 inspections x .08 hour x $37.37 = $27

15. Explain the reasons for any program changes or adjustments.

The Agency is requesting an increase of one (1) burden hour (from 51 to 52 hours). This increase is a result of using updated establishment information from the Final Economic Analysis from the final rule on General Working Conditions in Shipyard Employment (76 FR 24576).

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 subpart I.

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

No forms are available for the Agency to display the expiration date.

18. Explain each exception to the certification statement.

OSHA is not seeking an exception to the certification statement.

B. COLLECTIONS OF INFORMATON EMPLOYING STATISTICAL METHODS.

This supporting statement does not contain any collection of information requirements that employ statistical methods.

Table 2: Requested Burden Hour Adjustments

Information Collection Requirement	Current Burden Hours	Requested Burden Hours	Adjustment	Cost Under Item 12	Responses	Explanation of Adjustment
Hazard Assessment and Verification (1915.152(b))	50	51	1	$2,556	626	There is an adjustment increase of 1 hour (see explanation under item 15.
Disclosure of Hazard Assessment and	1	1	0	$50	9	No change in burden hours.
TOTALS	51	52	1	$2,606	635

1The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated with provisions of the subpart that contain paperwork requirements; this Supporting Statement does not provide information or guidance on how to comply with, or how to enforce, these provisions. This Supporting Statement does not include burden hours and costs associated with the information collection requirements for subpart I, Respiratory Protection (29 CFR 1915.154), which OSHA addressed in a separate ICR. See OMB Control No. 1218-0099.

2Source: U.S. Office of Personnel Management; Salary Table 2012-RUS Incorporating a locality payment of 14.16%. Rates frozen at 2010 levels. Effective January 2012. (http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2012/general-schedule/rest-of-us-hourlyovertime-rates-by-grade-and-step/

3OSHA 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 establishments covered by the Standard (i.e., 635) by this percentage (i.e., 635 establishments x 1.4% = 9 inspections).