SS (Logging) 1218-0198 (6-21-17) pm

LOGGING OPERATIONS (29 CFR 1910.266)

1218-0198

June 30, 2017

SUPPORTING STATEMENT FOR

THE COLLECTION OF INFORMATION REQUIREMENTS OF

THE LOGGING OPERATIONS STANDARD (29 CFR 1910.266)¹

OFFICE OF MANAGEMENT AND BUDGET (OMB)

CONTROL NO. 1218-0198 (June 2017)

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 of 1970 (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). 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 the OSH Act, the Occupational Safety and Health Administration (“OSHA” or “the Agency”) published the Logging Operations Standard (“the Standard”) (29 CFR 1910.266). Item 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.

Paragraph (f)(1)(iii) of the Standard requires the employer to assure that operating and maintenance instructions are available on machines or in the area where the machine is being operated. Paragraph (g)(3) requires the employer to assure that operating and maintenance instructions are available in each vehicle.

Paragraph (i)(10)(i) specifies that employers must verify that they are in compliance with the training requirements in paragraph (i). This certification must be in writing and provide the following information: the name/identifier of the worker/supervisor; the date(s) of the training; and either the signature of the employer or the individual who conducted the training. Paragraph (i)(10)(ii) requires employers to maintain the most recent certification for training completed by a worker/supervisor.

Establishing and maintaining written certification of the training that each worker/supervisor has received (i.e., job and first aid) assures the employer that the training specified by the Standard has been conducted, and at the required frequencies. With regard to first aid training, the certification assures that the worker’s/supervisor’s training certificate is currently valid. In addition, these records provide the most efficient means for an OSHA compliance officer to determine whether an employer perform the required training at the necessary and appropriate frequencies.

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 improved information technology when establishing and maintaining the required records. OSHA wrote the paperwork requirements of the Standard 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 Item A.2 above.

The information collection requirements in the Standard are 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 burden.

The information collection requirements specified by the Standard 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 the burden.

The information collection frequency specified by the Standard (i.e., retention of the written training certification records until replaced) is the minimum frequency that the Agency believes is necessary to assure employers and OSHA compliance officers that workers/supervisors received the required training at the appropriate frequencies. Removing this frequency requirement would eliminate any documentation of the training completed by a worker/ supervisor.

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 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.

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 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 before 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.

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 March 9, 2017 (82 FR 13141) soliciting comments on its proposal to extend the Office of Management and Budget’s approval of the information collection requirements contained in the Logging Operations Standard (29 CFR 1910.266). 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 payments 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 the Standard do not require the collection of 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 paperwork requirements specified by the Standard do 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 estimate for each form and aggregate the hour burdens.

 Provide estimates of annualized cost to respondents for the hour burdens for collection of information, identifying and using appropriate wage-rate categories.

Respondent Burden-Hour and Cost Burden Determinations

The following sections summarize the burden hour and cost determinations for the information collection requirements specified by the Standard (See Table 2, Estimated Annualized Respondent Burden Hours and Costs). In determining the burden hours and cost associated with these requirements, OSHA estimated that the logging industry, including timber tract operations, currently has 49,649 workers/supervisors and 7,908 logging establishments.²

The Agency determined average wage rates from average hourly earnings to represent the cost of employee time. For the relevant occupational category, OSHA adjusted the mean hourly earnings according to the, Occupational Employment Statistics, Occupational Employment and Wages, May 2016, Bureau of Labor Statistics, U.S. Department of Labor, https://www.bls.gov/oes/current/oes454022.htm. To account for fringe benefits, the Agency used the fringe benefit rate reported in https://www.bls.gov/news.release/archives/ecec_12082016.htm. BLS reported that for private industry, fringe benefits accounted for 31.4 percent of total compensation and wages accounted for the remaining 68.6 percent. To calculate the loaded hourly wage for each occupation, thus the Agency divided the mean hourly wage by 68.6 percent.

 Logging Equipment Operators (45-4022) $17.76/.686 = $25.89 https://www.bls.gov/oes/current/oes454022.htm

 Secretary (43-6014) $16.92/.686 = $24.66 https://www.bls.gov/oes/current/oes436014.htm

(A) Maintenance and Operating Instructions (§§ 1910.266(f)(1)(iii) and (g)(3))

Under paragraphs (f)(1)(iii) and (g)(3) of the Standard, employers must assure that operating and maintenance instructions are available on machines or in the area where the machine is being operated, and in vehicles. Based on the Regulatory Impact Analysis (RIA) for the Revisions to the Standard, equipment manufacturers include operator’s manuals with new logging machines. For those machines with no operating instructions in the cab, the employer will be required to obtain and retain a manual within the immediate work area of each machine. Vehicles, however, have special compartments to hold manuals which make the likelihood of loss or destruction of manuals a rare event. Since the Logging Operations final rule has been in effect since 1995, OSHA assumes that all employers are in compliance with the provision to have operating and maintenance instructions available on machines or in the areas where the machines are being operated.

However, OSHA realizes that there may be incidents where the instructions might be lost, misplaced, or destroyed and need to be replaced. Therefore, for purposes of calculating burden hours, the Agency estimates that approximately 10 percent of the establishments (791) will have at least one machine manual replaced annually and that it will take a logging equipment operator with an hourly wage rate of $25.89 approximately 10 minutes (.17 hour) to locate the manual either on the premises or by calling the manufacturer for a replacement manual, and placing the instructions in the equipment.³ Accordingly, the annual burden hours and cost of the paperwork requirement for 1910.266(f)(1)(iii) are:

Burden hours: 791 establishments x .17 hour = 134

Cost: 134 hours x $25.89 = $3,469

(B) Certification of Training (§ 1910.266(i)(10)(i) and (i)(10)(ii))

Paragraph (i)(10)(i) requires employers to certify in writing that a worker/supervisor received the training the Standard requires. Under paragraph (i)(10)(ii), employers need only maintain the most recent certification for training (job training and first aid training) that a worker/supervisor has received.

Based on the Regulatory Impact Analysis (RIA) for the Standard, there is an estimated turnover rate in the industry of 32 percent or approximately 15,888 workers (49,649 x .32 = 15,888). Each year employers must maintain 33,761 (49,649 – 15,888) training certifications for already trained workers/supervisors, as well as generate and maintain 15,888 new training certifications for the worker/supervisors who require initial training, new training, or retraining. Accordingly, OSHA estimates that a secretary at an hourly wage rate of $24.66 will take one minute (.02 hour) to maintain each existing (33,761) training certifications and three minutes (.05 hour) to generate and maintain each new (15,888) training certification. The Agency believes that employers have developed the necessary training materials earlier and, as a result, do not need to revise this material during the period covered by this ICR. Therefore, the Agency is taking no burden hours or cost for employers to develop or revise the training materials required by the Standard. Therefore, the annual burden hours and cost of these paperwork requirements are:

Burden hours: 33,761 existing training certifications x .02 hour = 675

Cost: 675 hours x $24.66 = $16,646

Burden hours: 15,888 new training certifications x .05 hour = 794

Cost: 794 hours x $24.66 = $19,580

(C) Disclosure of Training Certification Records

The Agency has determined that information collected by the Agency during an investigation is not subject to the PRA under 5 CFR 1320.4(a)(2). Therefore, OSHA is removing the previous estimated burden hours and is not taking burden or cost for disclosure of records.

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 determined under Item 12 accounts for the total annual cost burden to respondents or recordkeepers resulting from these collections of information requirements. Therefore, there is no cost to the respondent other than their time.

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 also may aggregate cost estimates from Item 12, 13, and 14 into a single table.

There is no cost to the Federal government.

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

OSHA is requesting an adjustment decrease in the number of burden hours for the information collection requirements in the Standard from 1,622 hours to 1,603 hours for a total decrease of 19 burden hours. Based on updated data, the Agency found that the number of establishments decreased as well as the number of workers. Table 1, Requested Burden Hour Adjustments below explains the proposed decrease in burden hours.

Table 1: Requested Burden Hour Adjustments

Information Collection Requirement	Current Burden Hours	Requested Burden Hours	Adjustment	Total Responses	Explanation of Adjustment
Maintenance and Operating Instructions (§§ 1910.266(f)(1)(iii) and (g)(3))	141	134	-7	791	Adjustment decrease based on updated data; the number of establishments decreased from 8,286 to 7,908.
Certification of Training (§§ 1910.266(i)(10)(i) and (i)(10)(ii))	679	675	-4	33,761	An overall adjustment decreased based on updated data; the number of workers decreased from 49,959 to 49,649.
	799	794	-5	15,888
Disclosure of Training Certification Records	3	0	-3	0	The Agency has determined that information collected by the Agency during an investigation is not subject to the PRA under 5 CFR 1320.4(a)(2). Therefore, OSHA takes no burden or cost for disclosure of records.
TOTAL	1,622	1,603	-19	50,440

* (Number of Certifications/ Number of Establishments) or 33,761/7,908

** (Number of Certifications/ Number of Establishments) or 15,888/7,908

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 Standard.

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.

OSHA lists current valid control numbers in §§1910.8, 1915.8, 1917.4, and 1926.5 and publishes the expiration date in the Federal Register notice announcing OMB approval of the information-collection requirement. (See 5 CFR 1320.3(f)(3).) OSHA believes that this is the most appropriate and accurate mechanism to inform interested parties of these expiration dates.

18. Explain each exception to the certification statement.

OSHA is not seeking an exception to the certification statement.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This Supporting Statement does not contain any collection of information requirements that employ statistical methods.

Table 2: Estimated Annualized Respondent Burden Hours and Costs

Collections of Information	No. of Respondents	No. of Responses per Respondents	Total No. of Responses	Avg. Burden Per Response (In Hours)	Total Burden Hours	Hourly Wage Rate	Total Burden Costs
Maintenance and Operating Instructions(§§1910.266(f)(1)(iii) and (g)(3))	791	1	791	10.2/60	134	$25.89	$ 3,469
Certification of Training(§§ 1910.266(i)(10)(i) and (i)(10)(ii))	7,908	4.2692*	33,761	1.2/60	675	$24.66	$16,646
	7,908	2.0091**	15,888	3/60	794	$24.66	$19,580
Unduplicated Totals	7,908	--	50,440	--	1,603	--	$39,695

* (Number of Certifications/ Number of Establishments) or 33,761/7,908

** (Number of Certifications/ Number of Establishments) or 15,888/7,908

1 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.

2Source: U.S. Census Bureau, 2014 County Business Patterns, NAICS 1133-Logging, United States http://www.census.gov/data/tables/2014/econ/susb/2014-susb-annual.html

3Regulatory Impact Analysis for the Revisions to the Pulpwood Logging Standard (29 CFR 1910.266), pp. III-9-10, U.S. Department of Labor, Occupational Safety and Health Administration, Office of Regulatory Analysis, June 30, 1994.