SS_1218-0220_Shipyard Employment Standards_07-12-2021_ROCIS

THE SHIPYARD EMPLOYMENT STANDARDS (29 CFR part 1915, subparts G and K)

OMB Control Number 1218-0220

August 31, 2021

SUPPORTING STATEMENT FOR

THE INFORMATION COLLECTION REQUIREMENTS IN

THE SHIPYARD EMPLOYMENT STANDARDS (29 CFR part 1915, subparts G and K)¹

OFFICE OF MANAGEMENT AND BUDGET (OMB)

CONTROL NO. 1218-0220 (July 2021)

This ICR is requesting the extension of a currently approved data collection.

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 objective of the Occupational Safety and Health Act of 1970 (i.e., “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).

With regard to 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).

Under the authority granted by the Act, the Occupational Safety and Health Administration (i.e., “OSHA” or “the agency”) published standards for the shipyard employment industry regulating manila rope and manila rope slings (29 CFR 1915.112(a)(1)), wire rope and wire rope slings (29 CFR 1915.112(b)(1)), chain and chain slings (29 CFR 1915.112(c)(1)), hooks and shackles (29 CFR 1915.113(b)(1)) and portable air receivers and other unfired pressure vessels (29 CFR 1915.172(d)) in shipyards (i.e., “the Standards"). The paperwork provisions of the Standards specify requirements for developing and maintaining records of tests. Items 2 and 12 below describe in detail the specific information collection requirements of the Standards.

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 following sections describe who uses the information collected under each requirement, as well as how they use it. The purpose of these requirements is to reduce employees’ risk of death or serious injury by ensuring that equipment has been tested and is in safe operating condition.

§1915.112 Ropes, chains, and slings:

Manila rope and manila-rope slings (paragraph (a)(1)). The employer must ensure that manila rope and manila-rope slings have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load for the type(s) of hitch(es) used, the angle upon which it is based, and the number of legs if more than one.

Wire rope and wire-rope slings (paragraph (b)(1)). The employer must ensure that wire rope and wire-rope slings have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load for the type(s) of hitch(es) used, the angle upon which it is based, and the number of legs if more than one.

Chain and chain slings (paragraph (c)(1)). The employer must ensure that chain and chain slings have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load for the type(s) of hitch(es) used, the angle upon which it is based, and the number of legs if more than one.

Chain and chain slings (paragraph 1915.112(c)(2)) – the employer shall visually inspect all sling chains, including end fastenings, before being used on the job, as well as every 3 months. The inspection shall include inspection for wear, defective welds, deformation and increase in length or stretch. Each chain shall bear an indication of the month in which it was thoroughly inspected.

§1915.113 Shackles and hooks:

Shackles (paragraph (a)(1)). The employer must ensure that shackles have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load.

Test Records for Hooks (paragraph (b)(1)). This paragraph requires that the manufacturer’s recommendations be followed in determining the safe working loads of the various sizes and types of hooks. If the manufacturer’s recommendations are not available, the hook must be tested to twice the intended safe working load before it is initially put into use. The employer must maintain and keep readily available a certification record which includes the date of such test, the signature of the person who performed the test, and the identifier for the hook which was tested.

The records are used to assure that equipment has been properly tested. The records also provide the most efficient means for the compliance officers to determine that an employer is complying with the Standard.

§1915.114 Chain falls and pull-lifts:

This section applies to ship repairing, shipbuilding and shipbreaking, requiring in paragraph (a) that chain falls and pull-lifts have their capacity clearly marked, which must not be exceeded.

The employer must ensure that the chain falls and pull-lifts are properly marked by the manufacturer and the markings are clear. It is usual and customary practice for employers to make sure that these markings are on the equipment. And, therefore, the burden for this collection of information requirement is zero.

§1915.115 Hoisting and Hauling Equipment:

Paragraph (c) of this section applies to mobile crawler or truck cranes used on vessels. Mobile crawler cranes and truck cranes must have the following conspicuously posted near their controls for the operator to see:

• Maximum manufacturer's rated safe working loads for the various working radii of the boom; and

• Maximum and minimum radii at which the boom may be safely used with and without outriggers.

§1915.131   General precautions.

This section applies to ship repairing, shipbuilding and shipbreaking, requiring in paragraph (g) that headers, manifolds and widely spaced hose connections on compressed air lines are labeled with the word “air” in letters at least 1-inch high. Lettering must be painted either on the manifolds or separate hose connections, or on signs permanently attached to the manifolds or connections. Grouped air connections may be marked in one location.

The employer must ensure that the headers, manifolds and widely spaced hose connections on compressed air lines are properly marked by the manufacturer and the markings are clear. It is usual and customary practice for employers to make sure that these markings are on the equipment. And, therefore, the burden for this collection of information requirement is zero.

§1915.172 Portable air receivers and other unfired pressure vessels.

Examination and Test Records for Unfired Pressure Vessels (paragraph (d)). This paragraph requires that portable, unfired pressure vessels not built to the requirements of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, 1963 be examined quarterly by a competent person and subjected to a yearly hydrostatic pressure test. A certification record of such examinations and tests shall be maintained.

The records are used to assure that equipment has been properly tested. The records also provide the most efficient means for OSHA compliance officers to determine that an employer is complying with the Standard. OSHA does not believe that there are any unfired pressure vessels not built to the requirements of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, 1963 currently in use. However, for purposes of completing this ICR, the agency is calculating burden hours and costs for this provision.

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 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 A.2 above.

The requirements to collect and maintain information are specific to each employer and employee 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 the methods used to reduce the burden.

The information collection requirements specified by the Standards do not have a significant impact on a substantial number of small entities.

6. Describe the consequence to federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The agency believes that the information collection frequencies required by the Standards are the minimum frequencies necessary to effectively regulate equipment, 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. Accordingly, if employers do not perform the required information collections, or delay in providing this information, employees may inadvertently use equipment that is unsafe to use, thus, increasing their risk of death and serious injury.

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 April 27, 2021 (86 FR 22279) requesting public comment on its proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements contained in its Shipyard Employment Standards (“the Standard”; Docket No. OSHA-2011-0190). This notice is part of a preclearance consultation program intended to provide those interested parties with an 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 gift to respondents, other than renumeration 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 Standards 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.

None of the provisions in the Standards require 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.

Respondent Burden-Hour and Cost Determinations

The number of affected establishments and employees in shipyards, commercial fishing, fish processing, and tug and towing services are listed in Table A, Affected Establishments and Employees in Shipyards, Commercial Fishing, Fish Processing, and Tug & Towing Services. The industrial profiles are based on the Final Economic Analysis of 29 CFR part 1915, subpart F, which was prepared originally by OSHA’s Office of Regulatory Analysis. OSHA updated the profiles using the 2018 County Business Patterns Data from the US Census Bureau. The agency estimates that there are 4,726 establishments affected and 148,331 employees affected by this ICR.

Table A – Affected Establishments and Employees in Shipyards, Commercial Fishing,

Fish Processing, and Tug & Towing Services

Industry Code (NAICS)	Industry Name	Class Size	Affected Establishments	Affected Employees
336611	Shipyards (Ship Building and Repairing)
			581	96,859
11411	Commercial Fishing (Fishing)
			2,570	5,525
31171	Fish Processing (Seafood Product Preparation and Packaging)
			555	30,913
488330	Tug & Towing Services (Navigational Services to Shipping)
			1,020	15,034
Totals			4,726	148,331

Source: 2018 County Business Patterns, U.S. Bureau of the Census

Wage Rates

The wage rates below, which include fringe benefits of 29.8² from the Thursday, December 17, 2020 News Release, Employer Costs for Employee Compensation – September 2020, are based on data from the Occupational Employment Statistics, National Occupational Employment and Wages, May 2019, Bureau of Labor Statistics, US Department of Labor website. The methodology was provided by the Office of Regulatory Analysis.³

Table B – Wage Rate Estimates with Fringe Benefits

WAGE HOUR ESTIMATES
	Occupational Title	Standard Occupation Code	Mean Hourly Wage Rate (A)	Fringe Benefits (B)	Loaded Hourly Wage Rate (C) = (A)/1-(B)
Shipyards
Supervisors	First-Line Supervisors of Production and Operating Workers	51-1011	$31.35	0.298	$44.66
Authorized Employees	Electrician Pipelayers, Plumbers, Pipefitters, and Steamfitters Electrical and Electronic Equipment Mechanics, Installers, and Repairers Machinist Boilermaker	47-2111 47-2150 49-2000 51-4041 47-2011	$29.02 $28.16 $26.27 $22.17 $31.27 Average wage = $27.38	0.298	$39.00
Affected Employees	Construction Trades Workers Maintenance and Repair Workers, General Miscellaneous Production Workers	47-2000 49-9071 51-9190	$24.68 $20.17 $16.34 Average wage = $20.40	0.298	$29.06
Shipyard Worker	Maintenance and Repair workers, general	49-9071	$20.17	0.298	$28.73
Secretary	Secretaries and Administrative Assistants, Except Legal, Medical, and Executive	43-6014	$18.84	0.298	$26.84
Commercial Fishing
Supervisors	First-Line Supervisors of Production and Operating Workers	45-1011	$25.25	0.298	$35.97
Authorized Employees	Fishers and Related Fishing Workers	45-0000 (3011)	$15.07	0.298	$21.47
Affected Employees	Fishers and Related Fishing Workers	45-0000 (3011)	$15.07	0.298	$21.47
Secretary	Secretaries and Administrative Assistants, Except Legal, Medical, and Executive	43-6014	$18.84	0.298	$26.84
Fish Processing
Supervisors	First-Line Supervisors of Production and Operating Workers	51-1011	$31.35	0.298	$44.66
Authorized Employees	Electricians Plant and System Operators	47-2111 51-8000	$29.02 $30.40 Average wage = $29.71	0.298	$42.32
Affected Employees	Construction Trades Workers Electrical and Electronic Equipment Mechanics, Installers, and Repairers Miscellaneous Production Workers	47-2000 49-2000 51-9190	$24.68 $26.27 $16.34 Average wage = $22.43	0.298	$31.95
Secretary	Secretaries and Administrative Assistants, Except Legal, Medical, and Executive	43-6014	$18.84	0.298	$26.84
Water Transportation
Supervisors	Supervisors of Transportation and Material Moving Workers	53-1040	$27.81	0.298	$39.62
Authorized Employees	Electricians Marine Engineers and Naval Architects	47-2111 17-2121	$29.02 $47.47 Average wage = $38.25	0.298	$54.49
Affected Employees	Electrical and Electronic Equipment Mechanics, Installers, and Repairers Miscellaneous Production Workers	49-2000 51-9190	$26.27 $16.34 Average wage = $21.31	0.298	$30.36
Secretary	Secretaries and Administrative Assistants, Except Legal, Medical, and Executive	43-6014	$18.84	0.298	$26.84

(A) Slings in Shipyards and Non-Shipyards Industries:

Identification of Safe Working Loads Under Paragraphs 1915.112(a) and (b)

Shipyards:

Manila rope and manila-rope slings (paragraph 1915.112 (a)(1)) -- The employer must ensure that manila-rope and manila rope slings have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load for the type(s) of hitch(es) used, the angle upon which it is based, and the number of legs if more than one.

On average, OSHA estimates that there are 4 slings per shipyard in use and that there are 581 establishments affected in shipyard employment (4 slings/shipyard x 581 establishments = 2,324 slings). The agency estimates that 1% of the shackles will be required to have the labels replaced in accordance with the manufacturer’s specifications. OSHA estimates that it will take 30 minutes (30/60 hour) for a shipyard worker to acquire and affix the label according to the manufacturer’s specifications.

Burden hours: 2,324 slings x 1% slings to be repaired x 30/60 hour = 11.62 hours

Cost: 11.62 hours x $28.73= $333.84

Wire rope and wire-rope slings (paragraph 1915.112 (b)(1)) -- The employer must ensure that wire rope and wire-rope slings have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load for the type(s) of hitch(es) used, the angle upon which it is based, and the number of legs if more than one.

On average, OSHA estimates that there are 4 slings per shipyard in use and that there are 581 establishments affected in shipyard employment (4 slings/shipyard x 581 establishments = 2,324 slings). It is estimated that only 1% of the shackles will need the labels replaced in accordance with the manufacturer’s specifications. It is estimated to take 30 minutes (30/60 hour) for a shipyard worker to acquire and affix the label according to manufacturer’s specifications.

Burden hours: 2,324 slings x 1% slings to be repaired x 30/60 hour = 11.62 hours

Cost: 11.62 hours x $28.73 = $333.84

Chain and chain slings (paragraph 1915.112 (c)(1)) -- The employer must ensure that chain and chain slings have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load for the type(s) of hitch(es) used, the angle upon which it is based, and the number of legs if more than one.

On average, OSHA estimates that there are 4 slings per shipyard in use and that there are 581 establishments affected in shipyard employment (4 slings/shipyard x 581 establishments = 2,324 slings). The agency estimates that 1% of the slings will need to have the labels replaced according to the manufacturer’s specifications. OSHA estimates that it will take a shipyard worker 30 minutes (30/60 hour) to acquire and affix the label according to the manufacturer’s specifications.

Burden hours: 2,324 slings x 1% slings to be repaired x 30/60 hour = 11.62 hours

Cost: 11.62 hours x $28.73 = $333.84

Table 1 -- Summary of Burden Hours and Cost in the Shipyard Industries

Type of Sling Shipyard	Affected Establishments	Slings	Percent Repaired	Time to Repair (In hrs.)	Total Burden Hours	Affected Employee Wage Rate	Total Burden Costs
Manila	581	2,324	1%	30/60	11.62	$28.73	$333.84
Wire Rope	581	2,324	1%	30/60	11.62	$28.73	$333.84
Chain	581	2,324	1%	30/60	11.62	$28.73	$333.84
Total		6,972			34.86		$1,001.52

Non-Shipyards:

On average, OSHA estimates that only one third of establishments will require slings in use for commercial fishing and that there are 2,570 establishments affected in shipyard employment (1/3 x 2,570 establishments = 856.67 slings). The agency estimates that 1% of the shackles will be required to have the labels replaced in accordance with the manufacturer’s specifications. OSHA estimates that it will take 30 minutes (30/60 hour) for an affected worker to acquire and affix the label according to the manufacturer’s specifications.

Burden hours: 856.67 slings x 1% slings to be repaired x 30/60 hour = 4.28 hours

Cost: 4.28 hours x $21.47 = $91.89

On average, OSHA estimates that only one third of establishments will require slings in use for fish processing and that there are 555 establishments affected in shipyard employment (1/3 x 555 establishments = 185 slings). The agency estimates that 1% of the shackles will be required to have the labels replaced in accordance with the manufacturer’s specifications. OSHA estimates that it will take 30 minutes (30/60 hour) for an affected worker to acquire and affix the label according to the manufacturer’s specifications.

Burden hours: 185 slings x 1% slings to be repaired x 30/60 hour = 0.93 hour

Cost: 0.93 hour x $31.95= $29.71

On average, OSHA estimates that only one third of establishments will require slings in use for tug and towing service and that there are 1,020 establishments affected in shipyard employment (1/3 x 1,020 establishments = 340 slings). The agency estimates that 1% of the shackles will be required to have the labels replaced in accordance with the manufacturer’s specifications. OSHA estimates that it will take 30 minutes (30/60 hour) for a shipyard worker to acquire and affix the label according to the manufacturer’s specifications.

Burden hours: 340 slings x 1% slings to be repaired x 30/60 hour = 1.7 hour

Cost: 1.7 hour x $30.36 = $51.61

Table 2 --- Summary Burden Hours and Cost in the Non-Shipyard Industries for Slings

Industry	Affected Establishments	Slings	Percent Repaired	Time to Repair (In hrs.)	Total Burden Hours	Affected Employee Wage Rate	Total Burden Costs
Commercial Fishing	2,570	856.67	1%	30/60	4.28	$21.47	$91.89
Fish Processing	555	185	1%	30/60	0.93	$31.95	$29.71
Tug & Towing Services	1,020	340	1%	30/60	1.7	$30.36	$51.61
Total		1,381.67			6.91		$173.21

Sling Inspections Under Paragraph 1915.112(c):

Shipyards:

Chain and chain slings (paragraph 1915.112(c)(2)) – In paragraph 1915.112(c)(2), the employer must visually inspect all sling chains, including end fastenings, before being used on the job, as well as every 3 months. The inspection shall include inspection for wear, defective welds, deformation and increase in length or stretch. Each chain shall bear an indication of the month in which it was thoroughly inspected.

On average, OSHA estimates that there are 4 slings per shipyard in use and that there are 581 establishments affected in shipyard employment. (4 slings/shipyard x 581 establishments = 2,324 slings). All sling chains in use must be inspected and labeled with the date of inspection, which has been estimated to take 30 minutes (30/60 hours) for a shipyard authorized employee to inspect each sling and affix a label containing the date of inspection.

Burden hours: 2,324 slings x 4 inspections/ year x 30/60 hour = 4,648 hours

Cost: 4,648 hours x $39.00 = $181,272

Non-Shipyards:

OSHA estimates additional man hours and cost associated with the inspection and application of the date of inspection, four times annually, for the number of chain slings used by the above estimated establishments for commercial fishing. On average, it will take approximately 30 minutes (30/60 hour) for an authorized worker to inspect and affix a label indicating the date of inspection.

Burden hours: 856.67 slings x 4 inspections/ year x 30/60 hour = 1,713.34 hours

Cost: 1,713.34 hours x $21.47 = $36,785.41

OSHA estimates additional man hours and cost associated with the inspection and application of the date of inspection, four times annually, for the number of chain slings used by the above estimated establishments for fish processing. On average, it will take approximately 30 minutes (30/60 hour) for an authorized worker to inspect and affix a label indicating the date of inspection.

Burden hours: 185 slings x 4 inspections/ year x 30/60 hour = 370 hours

Cost: 370 hours x $42.32 = $15,658.40

OSHA estimates additional man hours and cost associated with the inspection and application of the date of inspection, four times annually, for the number of chain slings used by the above estimated establishments for tug and towing service. On average, it will take approximately 30 minutes (30/60 hour) for an authorized worker to inspect and affix a label indicating the date of inspection.

Burden hours: 340 slings x 4 inspections/ year x 30/60 hour = 680 hours

Cost: 680 hours x $54.49 = $37,053.20

Table 3 --- Summary Burden Hours and Cost in the Shipyard and Non-Shipyard Industries for Sling Inspections

Industry	Slings	Sling inspections	Time to Inspect In hrs.)	Total Burden Hours	Authorized Employee Wage Rates	Total Burden Costs
Shipyards	2,324	4	30/60	4,648	$39.00	$181,272
Commercial Fishing	856.67	4	30/60	1,713.34	$21.47	$36,785.41
Fish Processing	185	4	30/60	370	$42.32	$15,658.40
Tug & Towing Services	340		30/60	680	$54.49	$37,053.20
Total	3,705.67			7,411.34		$270,769.01

(B) Shackles and Hooks in Shipyards and Non-Shipyards Industries:

Shipyards:

Shackles (paragraph 1915.113 (a)(1)) -- The employer must ensure that shackles have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load.

On an average, OSHA estimates that there are 2 shackles per shipyard in use and there are 581 establishments affected in shipyard employment (2 shackles/shipyard x 581 establishments = 1,162 shackles). It is estimated that 1% of the shackles will need to have the labels replaced according to the manufacturer’s specifications. It will take 30 minutes (30/60 hour) for a shipyard worker to acquire and affix the label according to manufacturer’s specifications.

Burden hours: 1,162 shackles x 1% shackles to be repaired x 30/60 hour = 5.81 hours

Cost: 5.81 hours x $28.73 = $166.92

Non-Shipyards:

On an average, OSHA estimates that there are half as many shackles used in non-shipyard industries and only one third of the establishments (857) will be affected in Commercial Fishing (1 shackles/shipyard x 857 establishments = 857 shackles). It is estimated that 1% of the shackles will need to have the labels replaced according to the manufacturer’s specifications. It will take 30 minutes (30/60 hour) for a commercial fishing worker to acquire and affix the label according to the manufacturer’s specifications.

Burden hours: 857 shackles x 1% shackles to be repaired x 30/60 hour = 4.29 hours

Cost: 4.29 hours x $21.47 = $92.11

On an average, OSHA estimates that there are half as many shackles used in non-shipyard industries and only one third of the establishments (185) will be affected in Fish Processing (1 shackles/shipyard x 185 establishments = 185 shackles). It is estimated that 1% of the shackles will need to have the labels replaced according to the manufacturer’s specifications. It will take 30 minutes (30/60 hour) for a fish processing worker to acquire and affix the label according to the manufacturer’s specifications.

Burden hours: 185 shackles x 1% shackles to be repaired x 30/60 hour = 0.93 hour

Cost: 0.93 hour x $31.95 = $29.71

On average, OSHA estimates that there are half as many shackles used in non-shipyard industries and only one third of the establishments (340) will be affected in Tug & Towing Services (1 shackles/shipyard x 340 establishments = 340 shackles). It is estimated that 1% of the shackles will need to have the labels replaced according to the manufacturer’s specifications. It will take 30 minutes (30/60 hour) for a tug and tow service worker to acquire and affix the label according to the manufacturer’s specifications.

Burden hours: 340 shackles x 1% shackles to be repaired x 30/60 hour = 1.7 hour

Cost: 1.7 hour x $30.36 = $51.61

Shipyards:

Examination and Test of Hooks (paragraph 1915.113(b)(1))

This paragraph specifies that where the manufacturer’s recommendations are not followed, employers must test each hook to twice its working load. The employer must prepare a certification record for each test, providing the date the test was performed, the name of the person who performed the test and an identifier of the hook tested. The certification record must be maintained and disclosed upon request to OSHA.

OSHA estimates that the manufacturer’s recommendations will be available and followed for 90% of all the hooks, leaving only 10% of the hooks without manufacturer’s recommendations to follow. In those situations, the shipyard will either have to call the manufacturer and get the information or test the hook to obtain the information. OSHA bases this assumption on previous conversations with a representative of the Crosby Group (the largest manufacturer of hooks and other rigging equipment). The Crosby Group confirmed that the manufacturer’s recommendations are provided at the time of sale, but a small percentage of the users lose those recommendations and must contact the manufacturer (whose ID is on the hook) to establish the working load of the hook. OSHA assumes that some of the users will choose to test the hook to twice its intended working load rather than call the manufacturer to obtain the information.

Shipyards:

On an average, there are 4 hooks per shipyard in use and only 10% of the hooks without manufacturer’s recommendations will need to be tested. Therefore, OSHA estimates that it will take about 20 minutes (20/60 hour) per hook for a shipyard production worker/competent person to conduct the test to determine the working load and an additional 3 minutes (3/60 hour) to develop and maintain the certification record for a total of 23 minutes (23/60 hour). If the user elects to obtain the information from the manufacturer instead of performing the test, it will take about 5 minutes per hook to make the necessary phone calls and get the information, according to the Crosby Group. The time, thus, is averaged at 28 minutes (28/60 hour). A shipyard production worker will make the phone call or conduct the test.

Burden hours: 581 establishments x 4 hooks/shipyard x 10% x 28/60 hour = 108.45 hours

Cost: 108.45 burden hours x $28.73 = $3,115.77

Non-Shipyards:

Also, OSHA estimates in Commercial Fishing that the manufacturer’s recommendations are available to the 90% for all to follow and leaving only 10% of the hooks without manufacturer’s recommendations to follow. And on average, only one third of those establishments will have to make the phone call or conduct the test.

Table 4 – Summary of the Burden Hours and Cost for Hooks

Industry	Affected Establishments	Hooks	Percent Repaired	Time to Repair (In hrs.)	Total Burden Hours	Employee Wage Rates	Total Burden Cost
Commercial Fishing	857	1	10%	28/60	39.99	$21.47	$858.59
Fish Processing	185	1	10%	28/60	8.63	$31.95	$275.73
Tug & Towing Services	340	1	10%	28/60	15.87	$30.36	$481.81
Total	1,382				64.49		$1,616.13

(C) Hoisting and Hauling Equipment in shipyards

Shipyards:

Mobile crawler or truck cranes used on a vessel (paragraph 1915.115(c)(1)) -- Employers must conspicuously post the maximum manufacturer's rated safe working loads for the various working radii of the boom and the maximum and minimum radii at which the boom may be safely used with and without outriggers. The location of placement must be near the controls and visible to the operator.

On average, OSHA estimates that there is one mobile crawler or truck crane per shipyard, and that this type of equipment would not be used in non-shipyards. Therefore, out of the approximate 4,726 establishments included in the scope of 29 CFR part 1915, only 20% of the 581 shipyards (116) are in service for the use of ship repair, shipbuilding, shipbreaking, and other related shipyard employment. Further, it is estimated that it will take 15 minutes (15/60 hour) for a shipyard worker to acquire and affix a label indicating the maximum manufacturer's rated safe working loads.

Burden hours: 116 mobile crane x 15/60 hour = 29 hours

Cost: 29 hours x $28.73 = $833.17

(D) Examination and Test Records of Unfired Pressure Vessels (paragraph 1915.172(d))

As discussed under Item 2, OSHA does not believe that there are any unfired pressure vessels not built to the requirements of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, 1963 currently in use; therefore, there would be no burden hours and costs for this paragraph.

However, for purposes of this ICR, OSHA maintains that each shipyard will have, on average, four portable, unfired pressure vessels (UPVs) and that it will take 13 minutes (13/60 hour) for a competent person to conduct the quarterly examination of the vessel and to generate and maintain a certification record of the examination. In addition, OSHA estimates that it will take 18 minutes (18/60 hour) per vessel for a competent person to conduct the yearly hydrostatic pressure test of the vessels and to generate and maintain a certification record of the results of the test.

Burden hours: Quarterly: 581 establishments x 4 vessels x 4 tests/year x 13/60 hour = 2,014.13 hours

Cost: 2,014.13 burden hours x $29.06 = $58,530.62

Burden hours: Yearly: 581 establishments x 4 vessels x 18/60 hour = 697.2 hours

Cost: 697.2 burden hours x $29.06 = $20,260.63

Table – 5

Shipyard Employment Standard Burden Hours and Cost Per Response

		Collections of Information		Respondents	Percentage of Respondents	Annual Response	Total Responses	Time per Response (In hrs.)	Total Burden Hours	Wage Employee Rate	Total Burden Costs
1					Shipyards – Slings to be repaired
2		§1915.112(a)(1) Manila rope and manila rope slings		2,324	1%	1	23.24	30/60	11.62	$28.73	$333.84
3		§1915.112(b)(1) Wire rope and wire rope slings		2,324	1%	1	23.24	30/60	11.62	$28.73	$333.84
4		§1915.112(c)(1) Chain and chain slings		2,324	1%	1	23.24	30/60	11.62	$28.73	$333.84
5					Non-Shipyards – Slings to be repaired
6		Commercial Fishing		856.67	1%	1	8.57	30/60	4.28	$21.47	$91.89
7		Fish Processing		185	1%	1	1.85	30/60	0.93	$31.95	$29.71
8		Tug & Towing Services		340	1%	1	3.40	30/60	1.7	$30.36	$51.61
9					Shipyards and Non-Shipyards – Sling inspections
10		§1915.112(c)(2) Chain and chain –Shipyards		2,324	100%	4	9,296	30/60	4,648	$39.00	$181,272
11		Commercial Fishing		856.67	100%	4	3,426.68	30/60	1,713.34	$21.47	$36,785.41
12		Fish Processing		185	100%	4	740	30/60	370	$42.32	$15,658.40
13		Tug & Towing Services		340	100%	4	1,360	30/60	680	$54.49	$37,053.20
14					Shipyards – Shackles
15		§1915.113(a)(1) Shackles		1,162	1%	1	11.62	30/60	5.81	$28.73	$166.92
16					Non-Shipyards – Shackles
17		Commercial Fishing		857	1%	1	8.57	30/60	4.29	$21.47	$92.11
18		Fish Processing		185	1%	1	1.85	30/60	0.93	$31.95	$29.71
19		Tug & Towing Services		340	1%	1	3.40	30/60	1.7	$30.36	$51.61
20					Shipyards – Hooks
21		§1915.113(b)(1) Examination and test of hooks		581	10%	4	232.4	28/60	108.45	$28.73	$3,115.77
22					Non-Shipyards – Hooks
23		Commercial Fishing		857	10%	1	85.7	28/60	39.99	$21.47	$858.59
24		Fish Processing		185	10%	1	18.5	28/60	8.63	$31.95	$275.73
25		Tug & Towing Services		340	10%	1	34.0	28/60	15.87	$30.36	$481.81
26					Shipyards – Hoisting and Hauling
27		Mobile crawler or truck cranes used on a vessel (paragraph 1915.115(c)(1))		581	20%	1	116	15/60	29	$28.73	$833.17
28		§1915.172(d) Examination and test records of unfired pressure vessels. (quarterly)		581	100%	4 x 4	9,296	13/60	2,014.13	$29.06	$58,530.62
29		§1915.172 Examination and test records of unfired pressure vessels (yearly)		581	100%	4	2,324	18/60	697.2	$29.06	$20,260.63
30	Total						27,038.26		10,379.11		$356,640.41

The totals have been rounded up to the nearest whole number.

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 estimate should be split into two components: (a) a total capital and start-up cost component annualized over its expected useful life); and (b) a total operation and maintenance and purchase of service component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

Item 12 above provides the total cost of the information collection requirements specified by the Standards.

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 Items 12, 13, and 14 into a single table.

There are no costs to the Federal Government.

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

OSHA is requesting a decrease adjustment in the number of burden hours from 11,813 hours to 10,379 hours, a total difference of 1,434 burden hours. This decrease is due to a change in the number of establishments. See Table 6 below.

Table 6 – Current and Requested Burden Hours

		ICR Requirements	Current Burden Hours	Requested Burden Hours	Adjustment	Comments
1	Shipyards – Slings to be repaired
2		§1915.112(a)(1) Manila rope and manila rope slings	13	11.62	-1.38	There was a decrease in the number of slings due to the decrease in the number of establishments.
3		§1915.112(b)(1) Wire rope and wire rope slings	13	11.62	-1.38	There was a decrease in the number of slings due to the decrease in the number of establishments.
4		§1915.112(c)(1) Chain and chain slings	13	11.62	-1.38	There was a decrease in the number of slings due to the decrease in the number of establishments.
5	Non-Shipyards – Slings to be repaired
6		Commercial Fishing	4	4.28	0.28	There was a increase in the number of slings repaired due to the increase in the number of establishments.
7		Fish Processing	1	0.93	-0.07	There was a decrease in the number of slings due to the decrease in the number of establishments.
8		Tug & Towing Services	1	1.7	0.7	There was an increase in the number of slings due to the increase in the number of establishments.
9		Passenger Vessels	1	0	-1	There was a decrease in the number of slings due to the decrease in the number of establishments.
10	Shipyards and Non-Shipyards – Sling inspections
11		§1915.112(c)(2) Chain and chain –Shipyards	5,392	4,648	-744	There was a decrease in the number of slings inspected due to the decrease in the number of establishments.
12		Commercial Fishing	1,562	1,713.34	151.34	There was an increase in the number of slings inspected due to the increase in the number of establishments.
13		Fish Processing	412	370	-42	There was a decrease in the number of slings inspected due to the decrease in the number of establishments.
14		Tug & Towing Services	592	680	88	There was an increase in the number of slings inspected due to the increase in the number of establishments.
15		Passenger Vessels	232	0	-232	There was a decrease in the number of slings inspected due to the decrease in the number of establishments.
16	Shipyards – Shackles
17		§1915.113(a)(1) Shackles	7	5.81	-1.19	There was a decrease in the number of shackles due to the decrease in the number of establishments.
18	Non-Shipyards – Shackles
19		Commercial Fishing	12	4.29	-7.71	There was an decrease in the number of shackles due to the increase in the number of establishments.
20		Fish Processing	3	0.93	-2.07	There was a decrease in the number of shackles due to the decrease in the number of establishments.
21		Tug & Towing Services	4	1.7	-2.3	There was an decrease in the number of shackles due to the increase in the number of establishments.
22		Passenger Vessels	2	0	-2	There was a decrease in the number of shackles due to the decrease in the number of establishments.
23	Shipyards – Hooks
24		§1915.113(b)(1) Examination and test of hooks	127	108.45	-18.55	There was a decrease in the number of hooks due to the decrease in the number of establishments.
25	Non-Shipyards – Hooks
26		Commercial Fishing	110	39.99	-70.01	There was an decrease in the number of hooks due to the increase in the number of establishments.
27		Fish Processing	29	8.63	-20.37	There was a decrease in the number of hooks due to the decrease in the number of establishments.
28		Tug & Towing Services	42	15.87	-26.13	There was an decrease in the number of hooks due to the increase in the number of establishments.
29		Passenger Vessels	16	0	-16	There was a decrease in the number of hooks due to the decrease in the number of establishments.
30	Shipyards
31		Mobile crawler or truck cranes used on a vessel (paragraph 1915.115(c)(1))	44	29	-15	There was a decrease due to the decrease in the number of establishments.
32		§1915.172(d) Examination and test records of unfired pressure vessels. (quarterly)	2,372	2,014.13	-357.87	There was a decrease due to the decrease in the number of establishments.
33		§1915.172 Examination and test records of unfired pressure vessels (yearly)	809	697.2	-111.8	There was a decrease due to the decrease in the number of establishments.
36	Total		11,813	10,379	-1,434

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.

OSHA is not seeking an exception to the certification statement.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS

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

1The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated with provisions 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, these provisions.

2Employer Costs for Employee Compensation – September 2020,Employer Costs for Employee Compensation - September 2020 (bls.gov)

3 The prior ICR used the amounts from the FEA and inflated them to calculate the loaded wage rates. However, based on the FEA discussion, as well as recent ICR’s, the methodology for calculating wage rates has been updated to use BLS data instead. The ICR lists out shipyards, water transportation, fish processing, commercial fishing, shipbuilding and repair shipyard workers, and secretary/ administrative staff.  While these job classifications do not align with OES profiles, close approximations of the occupational data have been used. This same methodology was carried forward throughout where possible. For the occupation groups, employment was multiplied with the wage and an overall average was calculated. From there, the loaded wage rate was calculated using the updated OES and ECEC data. In instances where the employment estimate was not published, a straight average was calculated. Occupation groupings were pulled from the original Subpart F cost spreadsheet.