SS_1218-0248_Fire Protection in Shipyards_01-12-2021_ROCIS

Fire Protection in Shipyard Employment (29 CFR part 1915, subpart P)

1218-0248

February 28, 2021

SUPPORTING STATEMENT FOR THE

INFORMATION COLLECTION REQUIREMENTS OF THE

FIRE PROTECTION IN SHIPYARD EMPLOYMENT STANDARD

(29 CFR PART 1915, Subpart P)¹

OFFICE OF MANAGEMENT AND BUDGET (OMB)

CONTROL NO. 1218-0248 (November 2020)

This ICR seeks to extend the authorization of the existing collection of information without change.

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 the statute and regulation mandating or authorizing the collection of information.

The main objective of the Occupational Safety and Health Act of 1970 (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).

Section 6(b)(7) of the Act specifies that [a]ny standard promulgated under this subsection shall prescribe the use of labels or other appropriate forms of warning as are necessary to ensure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. This provision goes on to state that “[t]he Secretary, in consultation with the Secretary of Health and Human Services, may by rule promulgated according to section 553 of title 5, United States Code, make appropriate modifications in the foregoing requirements relating to the use of labels or other forms of warning . . . as may be warranted by experience, information, or medical or technological developments acquired after the promulgation of the relevant standard” (29 U.S.C. 655).

About 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).

Therefore, under the authority granted by the Act, the Occupational Safety and Health Administration (“OSHA” or “the Agency”) published at 29 CFR part 1915, a standard on Fire Protection in Shipyard Employment (69 FR 55667). This Standard addresses methods of protecting employees in shipyards from fire hazards.

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 Standard specifies the number of collections of information (paperwork) requirements. Each provision is described in detail below. In general, the Standard requires employers to develop a written fire safety plan and written statements or policies that contain information about fire watches and fire response duties and responsibilities. The Standard also requires the employer to obtain medical exams for certain employees and to develop training programs for a employee who are exposed to fire hazards. The Standard also requires employers to create and maintain records to certify that employees have been made aware of the details of the fire safety plan and the employees trained as required by the Standard.

• 1915.501 – General Provisions.

Paragraph (d)(1)(i) of this section requires the host employer on multi-employer worksites to inform all employers (contract employers) at the worksite about the content of the host employer’s fire safety plan.

Paragraph (d)(2)(i) of this section requires that contract employers make sure the host employer is aware of fire-related hazards associate with the contract work and how the contract employer will address those hazards. Also, paragraph (d)(2)(ii) requires the contract employer to identify hazards that arise during work that was not identified as part of the information transfer required by paragraph (d)(2)(i) described above.

• 1915.502 – Fire Safety Plan.

Paragraph (a) of this section requires the employer to develop a written fire safety plan covering the elements listed in paragraph (b), including the following information:

1. The identification of the significant potential fire risk hazard;

2. Procedures for recognizing and reporting unsafe conditions;

3. Alarm procedures;

4. Procedures for notifying employees of a fire emergency;

5. Procedures for notifying fire response organizations of a fire emergency;

6. Procedures for evacuation;

7. Procedures to account for all employees after an evacuation; and

8. Names, job titles, or departments for individuals who can be contacted for further information about the plan.

Paragraph (c) requires the employer to review the fire safety plan with each affected employee at the following times:

1. Within 90 days of the effective date of the standard;

2. Upon initial assignment for new employees; and

3. When there is a change in the plan or a change of the employee’s duties.

Paragraph (d) requires that the employer:

1. Keep the fire safety plan accessible to employees, employee representatives, and OSHA;

2. Review and update the plan at least annually, and when necessary;

3. Document that each affected employee was informed about the plan; and

4. Ensure that a copy of the current fire safety plan is given to outside fire response organizations that may respond to fires at the employer’s worksite.

Paragraph (e) stipulates that contract employers must have a fire safety plan for contract employees that complies with the host employer’s fire safety plan.

• 1915.504 – Fire Watches.

Paragraph (a) requires employers to create and keep current a written policy specifying the following information:

1. The training that employees must be given;

2. The duties that employees are to perform;

3. The equipment that employees must be given; and

4. The personal protective equipment (PPE) that employers must supply employees with as required in 29 CFR 1915, subpart I, Personal Protective Equipment.

• 1915.505 – Fire Response.

Paragraph (a)(2)(i) requires employers to create, maintain, and update a written policy that describes the internal and outside fire response organizations that the employer will use.

Paragraph (a)(2)(ii) requires employers to create, maintain, and update a written policy that defines the evacuation procedures employees must follow if the employer chooses to require a total or partial evacuation of the worksite at the time of a fire.

Paragraph (b)(1) lists the information that must be included in the statement or policy if an internal fire response is to be used. The information includes the following:

1. The basic structure of the fire response organization;

2. The number of trained fire response employees;

3. The fire response functions that may need to be carried out;

4. The minimum number of fire response employees necessary, the number and types of apparatus, and a description of the fire suppression operations established by written standard operating procedures for each type of fire response at the employer’s facility;

5. The type, amount, and frequency of training that must be given to fire response employees; and

6. The procedures for use of protective clothing and equipment.

Paragraph (b)(2) lists the information to be included in the policy if outside fire response is to be used. The information includes the following:

1. The types of fire suppression incidents to which the fire response organization is expected to respond at the employer’s facility or worksite;

2. The liaisons between the employer and the outside fire response organization; and

3. A plan for fire response functions that:

   1. Address procedures for obtaining assistance from the outside fire response organization;

   2. Familiarizes the outside fire response organization with the layout of the employer’s facility or worksite, including access routes to controlled areas, and site-specific operations, occupancies, vessels or vessel sections, and hazards; and

   3. Sets forth how hose and coupling connection threads are to be made compatible and includes where the adapter couplings are kept; or

   4. States that the employer will not allow the use of incompatible hose connections.

Paragraph (d)(2) requires the employer to set up written administrative regulations, operating procedures, and departmental orders for fire response functions.

Paragraph (b)(3) lists the information to be included in the policy where a combination of internal and outside fire response is to be used. The information includes all the information from paragraphs (b)(1) and (b)(2) as listed above and the following information:

1. The basic organizational structure of the combined fire response;

2. The number of combined trained fire responders;

3. The fire response functions that need to be carried out;

4. The minimum number of fire response employees necessary, the number and types of apparatus, and a description of the fire suppression operations established by written standard operating procedures for each particular types of fire response at the worksite; and,

5. The type, amount, and frequency of joint training must be given to fire response employees.

Paragraph (b)(4) prescribes the employee evacuation information that must be included in the employer’s written policy required by (a)(2)(ii). That information includes the following:

1. Emergency escape procedures;

2. Procedures to be followed by employees who may remain longer at the worksite to perform critical shipyard employment operations during the evacuation;

3. The procedures to account for all employees after emergency evacuation is completed;

4. The preferred means of reporting fires and other emergencies; and

5. Names or job titles of the employees or departments to be contacted for further information or explanation of duties.

Paragraph (b)(5) prescribes the rescue and emergency response information that must also be included in the employer’s written policy. That information includes the following:

1. A description of the emergency rescue procedures; and

2. Names or job titles of the employees who are assigned to perform them.

Paragraph (c)(2) requires that fire response employee who are required to wear respirators meet the medical requirements of the Respiratory Protection Program Standard in 1915.154. The paperwork burden for the respiratory protection requirements has been approved under OMB Control Number 1218-0099.

Paragraph (c)(3) requires annual medical exams for all fire response employees. There is no burden or cost for these medical exams because all employees affected, as a usual and customary practice, are now receiving the medical exams.

Paragraph (c)(4) requires that the medical records of fire response employees be kept as required in 1915.1020. The paperwork burden for access to medical records is approved under OMB Control Number 1218-0065.

Paragraph (d)(3) requires the employer to set up an incident management system (IMS) to coordinate and direct fire response functions, including the following:

1. Specific fire emergency responsibilities;

2. Accountability for all fire response employees participating in an emergency operation; and,

3. Resources offered by outside organizations.

Paragraph (d)(4) requires the employer to provide the information to the outside fire response organization to be used.

• 1915.507 – landside Fire Protection Systems.

Paragraph (c)(2) requires employers to notify employees and take the necessary precautions to make sure employees are safe from fire if for any reason a fire extinguishing system stops working until the system is working again.

Paragraph (c)(5) requires the employer to post hazard warning or caution signs at both the entrances to and the inside of areas protected by fixed extinguishing systems that use extinguishing agents in concentrations known to be hazardous to employee safety or health.

• 1915.508 – Training.

Paragraph (d)(1) requires the employer to have a written training policy stating that fire response employees are to be trained and capable of carrying out their duties and responsibilities at all times.

Paragraph (d)(2) requires the employer to keep written standard operating procedures that address anticipated emergency operations and to update these procedures as necessary. Note that operating procedures are also required in 1915.505(b)(1)(iv).

Paragraph (f) requires that employers keep records that demonstrate that employees have been trained as required by paragraphs (a) through (e). In accordance with paragraph (f)(1), the records must include the following information:

1. Employee’s name;

2. The trainer’s name;

3. The types of training; and

4. The date(s) on which the training took place.

Paragraph (f)(2) requires the employer to keep each training record for one year from the time it was made or until it is replaced, whichever is shorter, and to make it available for inspection and copying by OSHA personnel on request.

OSHA will use the records developed in response to this Standard to determine compliance with the safety and health provisions of the Standard. The employer’s failure to generate and disclose the information required in this Standard will affect significantly OSHA’s effort to control and reduce injuries and fatalities related to fires in shipyard employment.

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 Standard in the performance-oriented language (i.e., in terms of what date to collect, not how to record the data). Advanced data processing programs permit easier accessibility to collect information during OSHA inspections. They also permit the storage of collected information at locations other than the place of inspection if the employer can deliver the data quickly to the place of inspection (i.e., e-mail, telefax, or other electronic data transfer method).

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 A.2 above.

The requirements in the Standard for information, plans, and programs closely match those that shipyards already have developed or provide. In some cases, smaller shipyards may not have established these policies in a written document. Since the existing information and programs are, in most cases, sufficient to satisfy the requirements of the standard, employers will not have to duplicate the same information just to satisfy the standard if they already have a program. Only those shipyard employers without programs will have to develop and document new programs and information.

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

The information collection requirements specified by the Standard do not have a significant impact on a substantial number of small entities. The final standard uses performance language whenever possible to provide compliance flexibility to employers and reduce the impact on small businesses. Performance language may require the use of a level of safety and health technical competence not always available to small business employers. To reduce this burden upon small businesses or other small entities, OSHA developed a non-mandatory appendix to this standard to provide useful compliance information and guidance to small businesses and other small entities. Further, many states, through Federal grants, provide consultation programs to assist small businesses in their compliance efforts.

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 effectively regulate fire hazards in shipyard employment, 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 in the Act at 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 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 using the procedures specified by this item. The requirements are within 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 November 12, 2020 (85 FR 71949) requesting public comment on its proposed extension of the information collection requirements specified by the Standard on Fire Protection in Shipyard Employment (29 CFR part 1915, subpart P) under Docket Number OSHA-2011-0010. 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 did not receive any comments in response to this notice.

9. Explain any decision to provide any payments or gifts 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 Standard 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 provisions in the Standard do not involve 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 13.

Burden-Hour and Cost Determinations

Estimates of the burden hours and annual costs for each information collection requirements are shown below. Data are based upon OSHA’s estimate of the time it would take a worker listed below to perform the required task. The Agency determined average wage rates using average hourly earnings for a worker in the Ship and Boat Building. The Agency adopted the mean hourly wage rate from May 2019 National Occupational Employment and Wages, U.S. Department of Labor, Bureau of Labor Statistics² Total compensation for these occupational categories include an adjustment of 30.0 percent (Employer Cost for Employee Compensation, June 2020, released September 17, 2020) for fringe benefits. With wages comprising 70.0 percent of employee compensation, the Agency multiplied wages by 1.4286 (1/0.700) to derive at a total hourly employee compensation. The costs of labor used in this analysis are estimates of total hourly compensation. Table 1 summarizes the wage rate estimates:

Table 1 – Wage Rate Estimates
Occupation	SOC3	Mean Hourly Wage (A)	Fringe Benefits (B)	Loaded Hourly Wage Rate (C) = [(A)/(1-B)]
Manager – First-line Supervisor of a Firefighting and Prevention Worker	33-1021	$39.43	.300	$56.33
Shipyard Worker	47-2000	$24.68	.300	$35.26
Supervisor - First-line Supervisor for construction trade and Extraction Worker	47-1011	$34.35	.300	$49.07
Fire Trainer	33-2021	$31.12	.300	$44.46

The number of affected establishments and employees for this ICR are listed in Table 2 Affected Establishments and Employees). OSHA updated the industrial profiles by using the 2017 County Business Patterns Data from the US Census Bureau. OSHA estimates that there are 588 affected establishments in the shipyard industry employing 99,963 affected (“production”) workers.

Table 2 – Affected Establishments and Employees by Size in Shipyards

Industry Code		Industry Name	Establishment Size	Number of Affected Establishments	Number of Affected Employees
	336611	Ship Building and Repairing	1-99	293	1,676
	336611	Ship Building and Repairing	20-99	127	5,336
	336611	Ship Building and Repairing	100-499	78	10,707
	336611	Ship Building and Repairing	500+	90	82,244
	Total			588	99,963

Source: US County Business Patterns, 2017

Estimating the number of shipyard establishments, shipyard employers, and shipyard workers

Based on revised estimates from the Agency’s Office of Regulatory Analysis, OSHA estimates there are 168⁴ host employers and 588 total establishments (2017 County Business Patterns (NAICS 336611))⁵. However, for purposes of this ICR, OSHA estimates that the number of affected establishments/employers is 253 employers. The establishments of non-compliance estimates are based on the following: (420 small establishments x 50% non-compliance = 210) + (78 mid-size establishments x 25% non-compliance = 20) + (90 large establishments x 25% non-compliance = 23) = 253)⁶. The number of affected workers is 99,963 including 8,197 fire response workers⁷. The 8,197 fire response workers are an estimate of the number of workers that may be assigned fire response duties.⁸

There are several collections of information requirements in the rule as indicated below:

• Section 1915.501 – General Provisions

Paragraph (d)(1)(i) requires that the host employer on multi-employer worksites inform all employers at the worksite about the content of the host employer’s fire safety plan. OSHA envisions that to comply with its provision, the host employer will provide a copy of the written fire safety plan to other employers at the worksite (identified as contract employers) and discuss its contents. OSHA believes some exchange of information about hazards on the job would be normal and customary; however, it is not normal and customary to provide written documents. OSHA estimates that it will take about 10 minutes (10/60 hour) for the host employers to make a copy of the written plan and give it to the contract employer and approximately 20 minutes (20/60 hour) will be spent exchanging information, for a total of 30 minutes (30/60 hour) for this activity. OSHA estimates that each host employer will have an average of four contractors on their site.⁹ OSHA estimated the number of contract employers based on the size of the establishment. Thus, establishments with 1-19 workers were assumed to be contractors. A supervisor would perform the duties of this requirement.

Burden hours: 168 host employers x 4 contractors x 30/60 hour = 336 hours

Cost: 336 burden hours x $49.07 = $16,487.52

Paragraph (d)(2)(i) requires that the contract employer make sure the host employer knows about fire hazards associated with the contract work and how the contract employer will address those hazards. Also, paragraph (d)(2)(ii) requires the contract employer to identify hazards that arise during work that is not identified as part of (d)(2)(i). OSHA considers this exchange of information about job hazards to be a normal and customary practice for employers in every industry and, thus, is not assigning a “paperwork” burden to the collection of information requirements in these paragraphs.

• Section 1915.502 – Fire Safety Plan

Paragraph (a) requires employers (253) to develop a written fire safety plan. The specific elements of the plan are listed in paragraph (b) of section 1915.502. OSHA estimates that it will take employers 4-12 hours to develop the plan, depending on the size of the firm. Establishments with 1-99 workers (210) will incur a burden of 4 hours the first year and 2 hours the second and subsequent years. Establishments with 100-499 workers (20) will incur a burden of 6 hours the first year and 3 hours the second and subsequent years. Establishments with 500 or more workers (23) will incur a burden of 12 hours the first year and 6 hours the second and subsequent years. Keeping the same turnover rate, OSHA estimates there is a 10 percent turnover of establishments.¹⁰

First Year: (New Establishments)

Burden hours: 210 employers x 0.10 turnover x 4 hours = 84 hours

20 employers x 0.10 turnover x 6 hours = 12 hours

23 employers x 0.10 turnover x 12 hours = 27.6 hours

Cost: 123.6 burden hours x $56.33 = $6,962.39

Subsequent Years: (Existing Establishments)

Burden hours: 210 employers x 0.90 x 2 hours = 378 hours

20 employers x 0.90 x 3 hours = 54 hours

23 employers x .90 x 6 hours = 124.2 hours

Cost: 556.2 burden hours x $56.33 = $31,330.75

Paragraph (c) requires employers (253) to review the fire safety plan with each affected worker within 90 days of the effective date of the standard; upon the initial assignment for new workers; when there is a change in the plan; and when the worker’s duties change. OSHA estimates that it will take 15 minutes (15/60 hour) to review the plan. OSHA assumes that all 253 employers will meet with workers in a group setting for the initial review and for subsequent reviews where the plan has changed, at least annually. OSHA assumes other reviews (due to worker turnover or new hires and when a worker’s duties have changed) will be conducted with the individual, the affected worker. OSHA estimates the turnover rate for workers in the shipyard industry at 24 percent. Using this percentage, OSHA estimates that a review of the plan will be held with 23,991 (99,963 affected workers x 24% turnover rate) new/turnover workers each year. Also, OSHA assumes that each year 3 employers (1 percent of all 253 employers) will make a change to the fire safety plan and 1,000 workers (1 percent of all workers (99,963 x 1%)) will have a change in duty triggering another review of the plan. A safety and health manager would conduct a review with each worker. Therefore, the burden is estimated as follows:

Burden hours: 253 employers x 15/60 hour = 63.25 hours

23,991 new hires/turnover workers x 15/60 hour = 5,997.75 hours

3 employers x 15/60 hour = 0.75 hour

1,000 workers x 15/60 hour = 250 hours

Cost: 6,311.75 burden hours x $56.33 = $355,540.88

The burden hour estimate listed for the review of the fire safety plan also includes the time to provide the general training information (1915.508(a)). The general training essentially requires the employer to ensure that workers are trained in the fire safety plan. Therefore, as noted in the Final Economic Analysis (FEA) from the final rule (76 FR 24576), OSHA assumes 15 minutes (15/60 hour) will cover activities as well as the generation and maintenance of certification records for the two activities.

Paragraph (d)(1) requires employers (253) to keep the fire safety plan accessible to workers, worker representatives, and OSHA. OSHA estimates it will take 5 minutes (5/60 hour) to post the plan or to place it in an area where it is accessible. The plan is updated yearly; therefore, it will be a yearly burden to post the plan/make it accessible.

Burden hours: 253 employers x 5/60 hour = 21.08 hours

Cost: 21.08 burden hours x $49.07 = $1,034.40

Paragraph (d)(3) requires the employer to certify in writing that each worker was informed about the plan at the intervals dictated by paragraph (c). OSHA estimates it will take 3 minutes (3/60 hour) to generate and maintain each of the required certifications. The burden of preparing the certification record for the initial review is included in the burden hour estimate listed above for 1915.502(c). In the second and subsequent years, the burden will be as follows. Each year the employer will have to review and update the plan, triggering a review of the plan with all workers at the same time. A certification of this review will take 3 minutes (3/60 hour). The standard also requires a certification of the review for new/turnover workers and for workers whose duties change as a result of changes to the plan made at times other than the annual updating of the plan. OSHA estimates the burden for these certifications at 3 minutes (3/60 hour) per worker, (this review will be conducted with the individual workers). Total new and turnover workers are estimated at 23,991 and workers with a change of duty are estimated at 1,000 for a total of 24,991 workers receiving an individual review per year after the first year. Finally, OSHA estimates that 1% of the employers (10) will make a change to the plan, triggering an all worker review requiring another certification record.

Burden hours: 253 employers x 3/60 hour = 12.65 hours (to certify with all workers after the plan has been updated)

24,991 workers x 3/60 hour = 1,249.55 hours (individual reviews with new/turnover workers)

10 employers x 3/60 hour = 0.5 hour (for changes to the plan)

Cost: 1,262.7 burden hours x $49.07 = $61,960.69

The burden for (d)(2), the annual review and updating of the plan, is shown as the second and subsequent year burden under 1915.502(a) above.

Paragraph (d)(4) requires employers to give the fire safety plan to the outside fire response organizations that may be expected to respond to fires at the employer’s worksite. OSHA estimates it will take 10 minutes (10/60) for each employer to provide the document to the outside fire response organizations. This will be an on-going activity.

Burden hours: 253 employers x 10/60 hour = 42.17 hours

Cost: 42.17 burden hours x $49.07 = $2,069.28

A supervisor would perform the activity required by paragraph (d).

• Section 1915.504 – Fire Watches

Paragraph (a) requires the employer to prepare and keep current a written policy specifying the information listed in (a)(1)-(4). OSHA estimates that it will take employers 4-12 hours to develop the policy, depending on the size of the establishment. Establishments with 1-99 workers (210) will incur a burden of 4 hours the first year and 2 hours the second and subsequent years. Establishments with 100-499 workers (20) will incur a burden of 6 hours the first year and 3 hours the second and subsequent years. Establishments with 500 or more workers (23) will incur a burden of 12 hours the first year and 6 hours the second and subsequent years. OSHA estimates there is a 10 percent turnover of establishments. A safety and health manager would develop a written policy.

First Year: (New Establishments)

Burden hours: 210 employers x .10 turnover x 4 hours = 84 hours

20 employers x .10 turnover x 6 hours = 12 hours

23 employers x .10 turnover x 12 hours = 27.6 hours

Cost: 123.6 burden hours x $56.33 = $6,962.39

Subsequent Years: (Existing Establishments)

Burden hours: 210 employers x .90 x 2 hours = 378 hours

20 employers x .90 x 3 hours = 54 hours

23 employers x .90 x 6 hours = 124.2 hours

Cost: 556.2 burden hours x $56.33 = $31,330.75

• Section 1915.505 – Fire Response

Paragraph (a)(2)(i) requires employers to create, maintain, and update a written policy that describes the internal and outside fire response organizations that the employer will use.

Paragraph (a)(2)(ii) requires employers to create, maintain, and update a written policy that defines the evacuation procedures workers must follow. Paragraphs (b)(1), (b)(2), and (b)(3) discuss what should be included in the written statement based on internal, external, or a combination of fire responses.¹¹ Specifically, section 1915.502 requires the employer to include the procedures for evacuation and the procedures to account for all workers after evacuation in the fire safety plan. OSHA estimates that employers with less than 100 workers (210) will incur a burden of 1 hour to develop the initial two policies/statements and 1 hour to update annually; employers (20) with 100 to 499 workers will incur a burden of 6 hours initially and 3 hours to update yearly thereafter, and employers (23) with more than 500 workers will incur a burden of 12 hours initially and 6 hours to update to information required by paragraphs (a)(2) and (d)(2) [described below] of section 1915.505. A safety and health manager would perform the activities required in paragraph (a)(2).

First Year: (New Establishments)

Burden hours: 210 employers x .10 turnover x 1 hours = 21 hours

20 employers x .10 turnover x 6 hours = 12 hours

23 employers x .10 turnover x 12 hours = 27.6 hours

Cost: 60.6 burden hours x $56.33 = $3,413.60

Subsequent Years: (Existing Establishments)

Burden hours: 210 employers x .90 x 1 hour = 189 hours

20 employers x .90 x 3 hours = 54 hours

23 employers x .90 x 6 hours = 124.2 hours

Cost: 367.2 burden hours x $56.33 = $20,684.38

Paragraph (d)(2) requires the employer to set up written administrative regulations, operating procedures, and departmental orders for fire response functions. The burden for the activity is included in the burden estimate for paragraph (a)(2) above.

Paragraph (d)(3) requires the employer to set up an incident management system to address specific areas. The information in the incident management system is also required in the policy statements required by (a)(2) above, therefore, no additional burden is calculated for this provision.

Paragraph (d)(4) requires that the information created by paragraph (d)(2) and (d)(3) above be provided to the outside fire response organizations that will be used by the employer. OSHA estimates it will take a supervisor about 10 minutes (10/60 hour) to make a copy of the documents and provide the documents to the liaison with the outside fire response organization. OSHA estimate that 210 establishments (affected establishments with 1-99 workers) will use an outside fire response organization. A supervisor will perform this activity.

Burden hours: 210 employers x 10/60 hour = 35 hours

Cost: 35 burden hours x $49.07 = $1,717.45

• Section 1915.507 – Landside Fire Protection Systems

Paragraph (c)(2) requires employers to notify workers when fixed extinguishing systems are not working. No burden is calculated for this information collection activity because it is considered normal and customary to notify workers of situations that may affect their safety.

Paragraph (c)(5) requires employers to post hazard warning signs and caution signs at both the entrance to and inside of areas protected by certain types of fixed extinguishing systems. OSHA estimates that there would be few situations (once in each of the 168 shipyards per year) where an employer would have to post hazard warning signs. Also, it would be a usual and customary business practice for employers to have warning and caution signs readily available for posting. OSHA estimates it takes about 5 minutes (5/60 hour) to post signs. The posting activity will be a one-time burden unless a sign becomes damaged and needs to be replaced. OSHA estimates that each shipyard may have one instance per year where the signs initially posted will need to be replaced. A production worker would perform this task.

Burden hours: 168 shipyard x 5/60 hour = 14 hours (replacement posting)

Cost: 14 burden hours x $35.26 = $$493.64

• Section 1915.508 – Training

Paragraph (d)(1) requires employers to have a written training policy; paragraph (d)(2) requires employers to keep written standard operating procedures. OSHA believes a supervisor has prepared the written training policy and is maintaining the standard operating procedures. OSHA estimates it will take 1 minute (1/60 hour) for the training plan and 1 minute (1/60 hour) for the standard operations procedures for a total of 2 minutes (2/60 hour). Thus, estimated burdens are

Burden hours: 253 employers x 2/60 = 8.43

Cost: 8.43 x $49.07 = $413.66

Paragraph (f) requires the employer to keep a record of the training. The record must include the worker’s name; the trainer’s name; the type of training; the dates of training. The employer must keep the training record for one year or until replaced, whichever is shortest. OSHA estimates that it will take 3 minutes (3/60 hours) to generate and maintain the training record. Every worker will receive some type of training under this standard each year and at least once a year thereafter. Also, fire response workers (8,197) are trained quarterly beginning in the second year on additional training elements.

Burden hours: 99,963 workers x 3/60 hour = 4,998.15 hours

8,197 fire response workers x 4 times a year x 3/60 hour = 1,639.4 hours

Cost: 6,637.55 burden hours x $49.07 = $325,704.58

Table 3 – Summary of the Burden Hours and Cost of Respondent per Response

Information Collection Requirements	Type of Respondent	Occupation12	No. of Respondents	Number of Responses per Respondent	Total Responses	Time per Response (Hours)	Burden Hours	Loaded Hourly Wage	Cost
1. General Provisions – Inform Contractors About the Fire Safety Plan (1915.501(d)(1)(i))	Annual	Supervisor	168	4	672	30/60	336	$49.07	$16,487.52
Subtotals					672		336	$49.07	$16,487.52
2. Develop a Fire Safety Plan (1915.502(a))	First time	Manager	210	0.1	21	4	84
	First time	Manager	20	0.1	2	6	12
	First time	Manager	23	0.1	2.3	12	27.6
Subtotals					25.3		123.6	$56.33	$6,962.39
	Annual	Manager	210	0.9	189	2	378
	Annual	Manager	20	0.9	18	3	54
	Annual	Manager	23	0.9	20.7	6	124.2
Subtotals					278.3		556.2	$56.33	31,330.75
3. Review Fire Safety Plan w/Workers (1915.502(c))	Annual	Manager	253	1	253	15/60	63.25
	Annual	Manager	23,991	1	23,991	15/60	5,997.75
	Annual	Manager	3	1	3	15/60	0.75
Subtotals					24,247		6,311.75	$56.33	$355,540.88
4. Post Fire Safety Plan (1915.502(d)(1))		Supervisor	253	1	253	5/60	21.08	$49.07	$1,034.40
Subtotals					253		21.08	$49.07	$1,034.40
5. Certification Record of Review of FSP (1915.502(d)(3))	Annual	Supervisor	253	1	253	3/60	12.65
	Annual	Supervisor	24,991	1	24,991	3/60	1,249.55
	Annual	Supervisor	10	1	10	3/60	0.5
Subtotals					25,254		1,262.70	$49.07	$61,960.69
6. Give Fire Safety Plan to Outside Fire Response Organization (1915.502(d)(4))		Supervisor	253	1	253	10/60	42.17	$49.07	$2,069.28
Subtotals					253		42.17	$49.07	$2,069.28
7. Fire Watch Policy (1915.504(a))	First time	Manager	210	0.1	21	4	84
	First time	Manager	23	0.1	2.3	6	12
	First time	Manager	20	0.1	2	12	27.6
Subtotals					25.3		123.6	$56.33	$6,962.39
	Annual	Manager	210	0.9	189	2	378
	Annual	Manager	23	0.9	20.7	3	54
	Annual	Manager	20	0.9	18	6	124.2
Subtotals			253		278.3		556.2	$56.33	$31,330.75
8. Fire Response Policies (1915.505(a)(2)(i) and (ii))	First time	Manager	210	0.1	21	1	21
	First time	Manager	23	0.1	2.3	6	12
	First time	Manager	20	0.1	2	12	27.6
Subtotals					25.3		60.6	$56.33	$3,413.60
	Annual	Manager	210	0.9	189	1	189
	Annual	Manager	23	0.9	20.7	3	54
	Annual	Manager	20	0.9	18	6	124.2
Subtotals					278.3		367.2	$56.33	$20,684.38
9. Fire Response – Provide Information to Outside Fire Response Organizations (1915.505(d)(4))	Annual	Supervisor	210	1	210	10/60	35	$49.07	$1,717.45
Subtotals					210		35	$49.07	$1,717.45
10. Landside Fire Protection Systems – Posting Hazard Warning and Caution Signs (1915.507(c)(5))	Annual	Shipyard Worker	168	1	168	5/60	14	$35.26	$493.64
Subtotals					168		14	$35.26	$493.64
11. Training Fire Response (1915.508(d))	Annual	Supervisor	253	1	253	2/60	8.43	$49.07	$413.66
Subtotals					253		8.43	$49.07	$413.66
12. Training Certification Records (1915.508(f))	Annual	Supervisor	99,963	1	99,963	3/60	4,998.15
	Annual	Supervisor	8,197	4	32,788	3/60	1,639.40
Subtotals					132,751		6,637.55	$49.07	$325,704.58
Totals					184,972		16,456.08		$866,107.76
First Year Totals	New Employer				75.9		307.8		$17,338.38
Annual Totals	Existing Employer				184,896		16,148.28		$848,767.98
Annualized Totals Over 3 Years					184,921		16,251		$854,548

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 estimates 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 m 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.

All costs under this item for complying with the Standard are included under those costs in Item 12. There are no costs 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), 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 increase from 6,603 to 16,251 burden hours, a total difference of 9,648 burden hours. The total burden hours requested are annualized over three years. This adjustment increase is a result of an increase in the number of affected workers in small businesses even though the number of affected establishments decreased according to the 2017 NAICS codes. See Table 4 below.

Table 4 – Explanation in the Adjustment of the Current and Requested Burden Hours

Information Collection Requirements	Current Burden Hours	Requested Burden Hours	Adjustment	Explanation of Adjustment
1. General Provisions – Inform Contractors About the Fire Safety Plan (1915.501(d)(1)(i))	350	336	-14	The adjustment decrease is a result of a decrease in the number of host employers from 175 to 168 based on updated information.
2. Develop a Fire Safety Plan (1915.502(a))	766	597.4	-168.6	The adjustment decrease in burden hours is a result of the decrease in the number of establishments based on updated information.
3. Review Fire Safety Plan with the Workers (1915.502(c))	1,855	6,311.75	4,456.75	The adjustment increase is the result of an increase in the number of workers affected.
4. Post Fire Safety Plan (1915.502(d)(1))	24	21.08	-2.92	The adjustment decrease in burden hours is a result of the decrease in the number of establishments based on updated information.
5. Certification Record of Review of FSP (1915.502(d)(3))	372	1,262.70	890.7	The adjustment increase is a result of the increase in the number of affected workers based on updated information.
6. Give Fire Safety Plan to Outside Fire Response Organization (1915.502(d)(4))	50	42.17	-7.83	The adjustment decrease in burden hours is a result of the decrease in the number of establishments based on updated information.
7. Fire Watch Policy (1915.504(a))	766	597.4	-168.6	The adjustment decrease in burden hours is a result of the decrease in the number of establishments based on updated information.
8. Fire Response Policies (1915.505(a)(2)(i) and (ii))	463	387.4	-75.6	The adjustment decrease in burden hours is a result of the decrease in the number of establishments based on updated information.
9. Fire Response – Provide Information to Outside Fire Response Organizations (1915.505(d)(4))	43	35	-8	The adjustment decrease in burden hours is a result of the decrease in the number of establishments based on updated information.
10. Landside Fire Protection Systems – Posting Hazard Warning and Caution Signs (1915.507(c)(5))	14	14	0	No change in burden hours even though there was an increase in the number of affected host employers from 175 to 168.
11. Training Fire Response (1915.508(d))	9	8.43	-0.57	The adjustment decrease in burden hours is a result of the decrease in the number of establishments based on updated information.
12. Training Certification Records (1915.508(f))	1,891	6,637.55	4,746.55	The adjustment increase is a result of an increase in the number of workers affected based on updated information.
Totals	6,603	16,272	+9,648

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, 1918.4, 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 in Item 19.

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.

1 This Supporting Statement analyzes and describes the burden hours and cost associated with provision of this 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.

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

3 The wage rate for Fire Trainer was derived from the wage rate of a Fire Inspector and Investigator, SOC code 33-2021 and the wage rate for a manager was derived from the wage rate of a First-line manager of a fire fighting and prevention worker, SOC code 33-1021. The wage rate for the Worker was derived from the wage rate of a Construction Trades Worker, SOC code 47-2000 and the wage rate for the Supervisor was derived from the wage rate of a First Line Supervisors of Construction Trades and Extraction Workers, SOC code 47-1011.

4 The 420 host employer estimate is based on preliminary analysis. OSHA assumes that employers with 100 or more employees use contractors and are, therefore, host employers. Of the 588 total establishments, 168 establishments employ 100 or more employees.

5 The website is https://www.census.gov/data/tables/2017/econ/susb/2017-susb-annual.html.

6 OSHA uses the following criteria to classify establishment size: small establishments – 1-99 employees; medium establishments – 100-499 employees; and large establishments – 500+ employees.

7

Total number of affected employees x 8.2% (99,963 affected employees x 8.2% = 8,197 fire response workers.)

8 In preparing this ICR, OSHA has based its burden hour calculation using the number of employers not currently in compliance with the standard (253). Based on the information provided during the negotiated rulemaking process, it became apparent that many employers covered by the rule are already, as a usual and customary business practice, complying with the provisions of the standard.

9 The host employer is the owner of the shipyard.

10 Insurers currently require shipyards to have fire prevention measures which serve as a starting point in preparing the fire safety plan. A safety and health manager would develop the plan.

11 The burden for this activity takes into consideration that some of the information required in the written statement or policy has already been generated and included in the fire safety plan (see 1915.502).

12 See Table 1 for complete occupational name and its associated SOC code.

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