1219-0007 Supporting Statement 2023

Mine Accident, Injury, and Illness Report and Quarterly Mine Employment and Coal Production Report

OMB Control Number: 1219-0007

OMB Expiration Date: 1/31/2024

Supporting Statement for Mine Accident, Injury and Illness Report and Quarterly Mine Employment and Coal Production Report Paperwork Reduction Act Submission

This ICR seeks to extend, without change, an existing information collection request.

OMB Control No.: 1219-0007

Information Collection Request Title: Mine Accident, Injury and Illness Report and Quarterly Mine Employment and Coal Production Report

OMB Type of Review: Extension

Authority:

30 U.S. Code 813 - Inspections, investigations, and recordkeeping

• (h) Records and reports; compilation and publication; availability

30 CFR Subpart B - Notification, Investigation, Preservation of Evidence

• 30 CFR 50.10 Immediate notification.

• 30 CFR 50.11 Investigation.

30 CFR Subpart C - Reporting of Accidents, Injuries, and Illnesses

• 30 CFR 50.20 Preparation and submission of MSHA Report Form 7000–1—Mine Accident, Injury, and Illness Report.

30 CFR Subpart D - Quarterly Employment and Coal Production Report

• 30 CFR 50.30 Preparation and submission of MSHA Form 7000–2—Quarterly Employment and Coal Production Report.

30 CFR Subpart E—Maintenance of Records; Verification of Information

• 30 CFR 50.40 Maintenance of records.

Collection Instrument(s):

• MSHA Form 7000-1, Mine Accident, Injury, and Illness Report

• MSHA Form 7000-2, Quarterly Mine Employment and Coal Production Report

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses or employ statistical methods” is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

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.

Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), Public Law 95-164 as amended, 30 U.S.C. 813(h), authorizes the Mine Safety and Health Administration (MSHA) to collect information necessary to carry out its duty in protecting the safety and health of miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811(a), authorizes the Secretary of Labor (Secretary) to develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal and metal and nonmetal mines.

The reporting and recordkeeping provisions in 30 CFR 50, Notification, Investigation, Reports and Records of Accidents, Injuries and Illnesses, Employment and Coal Production in Mines, are essential elements in MSHA’s statutory mandate to reduce work-related injuries and illnesses among the nation’s miners (30 U.S.C. 801). Part 50 of 30 CFR applies to operators of coal, metal, and nonmetal mines. It requires operators to immediately notify MSHA of accidents, investigate accidents and restrict disturbance of accident-related areas. This part also requires operators to file reports with MSHA pertaining to accidents, occupational injuries, and occupational illnesses, as well as employment and coal production data. This part also requires operators to maintain copies of reports at mine offices.

30 CFR 50.2 defines operators as (1) any owner, lessee, or other person who operates, controls, or supervises a coal mine; or (2) the person, partnership, association, or corporation, or subsidiary of a corporation operating a metal or nonmetal mine, and owning the right to do so, and includes any agent thereof charged with responsibility for the operation of such mine.

1. Notification, Investigation, Preservation of Evidence

Section 103(j) of the Mine Act, 30 U.S.C. 813(j), requires operators to notify MSHA of the occurrence of an accident and to take appropriate measures to preserve any evidence that would assist in the investigation into the causes of the accident. 30 CFR 50.10 requires mine operators and independent contractors to immediately notify MSHA in the event of an accident. This immediate notification is critical to MSHA’s timely investigation and assessment of the cause of the accident.

Section 103(d) of the Mine Act, 30 U.S.C. 813(d), mandates that each accident must be investigated by the operator to determine the cause and means of preventing a recurrence. 30 CFR 50.11 requires the mine operator or independent contractor to investigate each accident and occupational injury and prepare a report. The mine operator or independent contractor may not use MSHA Form 7000‑1 as the investigation report, except if the operator or independent contractor employs fewer than 20 miners and the injury is not related to an accident.

2. Reporting of Accidents, Injuries, and Illnesses

30 CFR 50.20 requires mine operators and independent contractors to report each accident, injury, and illness to MSHA on MSHA Form 7000‑1 within 10 working days after an accident or injury has occurred or an occupational illness has been diagnosed. The use of MSHA Form 7000‑1 provides for uniform information gathering across the mining industry, with specific criteria and instructions defined in 30 CFR 50.20-2 through 50.20-7.

3. Quarterly Employment and Coal Production Report

30 CFR 50.30 requires that all mine operators and independent contractors working on mine property report employment to MSHA quarterly on MSHA Form 7000‑2 within 15 days after the end of each calendar quarter. Each coal mine operator or independent contractor is also required to report coal production on MSHA Form 7000-2. 30 CFR 50.30-1 provides instructions for completing MSHA Form 7000-2.

4. Record Maintenance

30 CFR 50.40 requires that each mine operator or independent contractor to maintain a copy of each investigation report prepared under section 50.11 or 50.20 or 50.30 at the mine office for five years. Section 103(h) of the Mine Act, 30 U.S.C. 813(h), requires operators to keep any records and make any reports that are reasonably necessary for MSHA to perform its duties under the Mine Act. Operators must keep records of such accidents and investigations and make them available to the Secretary or the Secretary’s authorized representative and the appropriate State agency.

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.

Data collected through MSHA Form 7000‑1, Mine Accident, Injury, and Illness Report, and MSHA Form 7000‑2, Quarterly Mine Employment and Coal Production Report, enable MSHA to publish timely quarterly and annual statistics, reflecting current safety and health conditions in the mining industry. The data gathered from this collection provides MSHA with the figures on which to base its incidence rate calculations and trend analyses. MSHA, other Federal and State agencies, health and safety researchers, and the mining community use the data in measuring and comparing the results of health and safety efforts both in the United States and internationally.

MSHA analyzes the information from MSHA Form 7000‑1 and MSHA Form 7000‑2 to compute incidence and severity rates for various injury types. MSHA uses the employment data and work time information to normalize injury and illness experience at the nation’s mines so that MSHA can compare mines of different sizes and injury and illness experience data for different time periods.

These data allow MSHA to detect accident, injury, and illness trends ascribable to specific mine sites, types of mining, work locations, or tasks. MSHA uses these accident, injury, and illness rates to evaluate the success of MSHA’s and the mining industry’s health and safety efforts. MSHA also uses this information to target its inspection and assistance activities toward those mines, industry segments, and geographical areas that the current data show as having particular problems. Injury rates must be computed at least quarterly for MSHA to target its enforcement and assistance resources. Less frequent data collection may hinder enforcement efforts.

The mining industry uses this quarterly injury incidence data in its efforts to reduce injuries and illnesses. MSHA’s data compilations are the only source of information that permits a particular mining operation to compare its record with that of similar mines.

Coal production data are used in various analyses including the evaluation and review of MSHA's regulations, the development of new safety and health standards, and the evaluation of MSHA's programs.

Accident, injury, and illness data, when correlated with employment and production data, provide information that MSHA uses to improve its safety and health enforcement programs, focus its education and training efforts, and establish priorities for its technical assistance activities in mine safety and health. Maintaining a current database allows MSHA to identify and direct increased attention to those mines, industry segments, and geographical areas where hazardous trends are developing. This could not be done effectively using historical data. The information collected under part 50 is the most comprehensive and reliable occupational data available concerning the mining industry.

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.

MSHA permits mine operators and independent contractors to electronically submit completed MSHA Form 7000‑1 and MSHA Form 7000‑2 instead of sending the forms by mail. Also, these forms may be faxed by mine operators and contractors. To better serve the mining community, and to reduce the paperwork burden, MSHA provides for and encourages mine operators and independent contractors to submit MSHA 7000‑1 and MSHA 7000‑2 electronically.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item A.2 above.

MSHA has Federal jurisdiction over safety and health at the nation's mines. The information collected pertains to specific accidents, injuries, and occupational illnesses. There is no similar information that could be used.

Although the Department of Health and Human Services may require reporting of some health and safety information from mines, it does so in cooperation with MSHA, and its information requests have not duplicated information collected by MSHA under 30 CFR 50.

The Department of Energy’s Energy Information Administration (EIA) collects coal production data from mine operators. To address this current duplicate data collection, MSHA and the EIA have developed a Memorandum of Understanding under which MSHA provides the EIA with mine-specific coal production and employment data.

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

This collection of information does not have a significant impact on small businesses or other small entities. MSHA allows a mine operator or independent contractor who employs fewer than 20 miners to use MSHA Form 7000-1 as the investigation report under 30 CFR 50.11 for an occupational injury that is not related to an accident.

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.

Mine operators and independent contractors submit MSHA Form 7000‑1 to MSHA within 10 working days after an accident or occupational injury occurs or an occupational illness has been diagnosed. Less frequent data collection would jeopardize MSHA’s ability to focus its resources effectively to carry out its mandate of protecting the safety and health of miners under the Mine Act.

Mine operators and independent contractors submit MSHA Form 7000‑2 to MSHA quarterly to report employment, hours worked, and coal production levels. This provides MSHA with timely information for making decisions on improving its safety and health programs, focusing its education and training efforts, and establishing priorities for technical assistance activities in health and safety.

Maintaining a current database allows MSHA to effectively direct resources to improve safety and health in the mining industry. A current database also provides the means for directing increased attention to those mines, industry segments, and geographical areas where hazardous trends are developing.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the agency more often than quarterly;

• Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• Requiring respondents to submit more than an original and two copies of any document;

• Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• That includes a pledge of confidentiality that is not supported by authority established in statue or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

30 CFR 50.10 requires a mine operator to immediately notify MSHA by phone when a mine accident has occurred. MSHA has a 24-hour call center that responds to mine operators needing immediate assistance. Under 30 CFR 50.20, mine operators and independent contractors must submit MSHA Form 7000‑1 to MSHA within 10 working days after an accident occurs, as defined under 30 CFR 50.2(h), or when an occupational injury occurs or an occupational illness is diagnosed.

This information collection complies with 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.

In accordance with 5 CFR 1320.8(d), MSHA will publish the proposed information collection requirements in the Federal Register, notifying the public that these information collection requirements are being reviewed in accordance with the Paperwork Reduction Act of 1995, and giving interested persons 60 days to submit comments. MSHA published a 60-day Federal Register notice on September 21, 2023 (88 FR 65196). MSHA received no comments.

9. Explain any decision to provide any payments or gifts to respondents, other than remuneration of contractors or grantees.

MSHA does not provide payment or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

MSHA Form 7000-1 accident forms contain privacy information in the form of first and last name, date of birth, and the last four digits of the SSN. MSHA only grants a limited number of individuals access to this information, and they have been instructed to guard this information due to privacy concerns. Public requests for copies of MSHA Form 7000-1 accident forms are fulfilled with the sensitive information redacted to protect accident victim privacy.

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.

There are no questions of a sensitive nature, other than the injury or illness information mentioned in Item 10.

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. General, 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.

Respondents

In calendar year 2022, there were 20,953 respondents - composed of 13,406 mines and 7,547 contractors – that submitted at least one MSHA Form 7000-2: Quarterly Mine Employment and Coal Production Report. Out of those 20,953 respondents in 2022, 1,897 mines and 388 contractors also submitted MSHA Form 7000-1: Mine Accident, Injury and Illness Report.

Wage Rates Determinations¹

MSHA used data from the May 2022 Occupational Employment and Wage Statistics (OEWS) published by the Bureau of Labor Statistics (BLS) for hourly wage rates² and adjusted the rates for benefits,³ wage inflation,⁴ and overhead costs.⁵ The occupations listed below in Table 12-1 are those that were determined to be relevant for the cost calculations.

Table 12-1. Hourly Wage Rates

Occupation	NAICS Code	Mean Wage Rate	Benefit Multiplier	Inflation Multiplier	Overhead Cost Multiplier	Loaded Hourly Wage Rate
		A	B	C	D	A x B x C x D
Mining Supervisor*	212100 212200 212300	$42.73	1.482	1.035	1.17	$76.68
Clerk**	212100 212200 212300	$23.70	1.482	1.035	1.17	$42.53

Note: MSHA used the latest 4-quarter moving average 2022Q2-2023Q1 to determine that 32.5 percent of total loaded wages are benefits for private industry workers in construction, extraction, farming, fishing, and forestry occupations. The benefit multiplier is 1.482= 1+ (0.325/(1-0.325)). The inflation multiplier was determined by using the employment price index from the most current quarter data is available, 2023Q1, divided by the base year and quarter of the OEWS employment and wage statistics, 2022Q2, for private industry workers in construction, extraction, farming, fishing, and forestry occupations, current dollar index. The inflation multiplier is 1.035 = 155.7/150.5. MSHA used the overhead multiplier of 1.17.

*The Standard Occupation Codes (SOC) used for this occupation are (47-1011), (49-1011), (51-1011), and (53-1047).

**The SOCs used for this occupation are (43-3021), (43-3031), (43-3051), (43-3061), (43-4171), (43-5061), (43-5071), and (43-9061).

1. Collection of Data for MSHA Form 7000‑1

30 CFR 50.10: Mine operators and independent contractors must notify MSHA immediately in the event of a death of an individual at the mine; an injury of an individual at the mine which has a reasonable potential to cause death; an entrapment of an individual at the mine which has a reasonable potential to cause death; or any other accident as defined by 30 CFR 50.2(h).

In calendar year 2022, there were 63 fatal accidents and an estimated 978 accidents that resulted in other immediate called-in MSHA notifications, based on reports submitted to MSHA by mine operators regarding accidents, injuries, and illnesses. The fatalities occurred in 63 mines. The other immediate MSHA notifications occurred in 348 mines. MSHA estimates that this notification is typically done by mine supervisory personnel, earning an average of $76.68 per hour, by telephone, and takes about 30 minutes.

Table 12-2. Estimated Annual Respondent Hour and Cost Burden, Immediate Notification of MSHA (30 CFR 50.10)

Activity	Respondents (Accidents)	Responses per Respondent	Responses (Notifications)	Avg. Burden per Response (Minutes)	Total Annual Burden Hours	Avg. Hourly Wage Rate	Annual Burden Cost
Fatal accidents	63	1	63	30	31.50	$76.68	$2,415.57
Other called-in accidents	978	1	978	30	489.00	$76.68	$37,498.86
Subtotal (Rounded)	1,041		1,041		521		$39,914

30 CFR 50.11 (Investigation): The mine operator must investigate each accident and each occupational injury at the mine and develop a report of the investigation. The mine operator must keep a copy of the report and submit a copy to MSHA when requested.

In 2022, there was a total of 5,951 accidents reported by 1,897 mine operators. Of these accidents 63 involved fatalities – including non-chargeable fatalities - from 63 mine operators; 5,016 accidents occurring in 1,788 mines involved injuries – as indicated by MSHA internal degree of injury codes 02 (permanent injury), 03 (injury involving days away from work only), 04 (injury involving days away from work and restricted activity), 05 (injury involving restricted activity only), and 06 (injury involving no days away from work or restricted activity); and 872 involved other occurrences from 376 mine operators.

MSHA estimates that mine supervisory personnel, earning an average of $76.68 per hour, conduct the investigation. MSHA estimates that, on average, it takes about 80 hours to conduct an investigation of a fatal accident, about 16 hours for an accident with injuries, and about 1 hour for other occurrences, such as entrapments, mine fires, or other selections found on MSHA Form 7000-1.

Table 12-3. Estimated Annual Respondent Hour and Cost Burden, Investigation of Accidents and Occupational Injuries (30 CFR 50.11)

Activity	Respondents (Accidents)	Responses per Respondent	Responses (Investigations)	Avg. Burden per Response (Hours)	Total Annual Burden Hours	Avg. Hourly Wage Rate	Annual Burden Cost
Fatal accidents	63	1	63	80	5,040.0	$76.68	$386,491.36
Non-fatal accidents	5,016	1	5,016	16	80,256.0	$76.68	$6,154,414.87
Other occurrences	872	1	872	1	872.0	$76.68	$66,869.14
Subtotal (Rounded)	5,951		5,951		86,168		$6,607,775

30 CFR 50.11 (MSHA Form 7000-1): In 2022, 1,897 mine operators submitted reports of accidents, injuries, and illnesses. If return-to-duty information on an injured miner is not available within the 10-day reporting period, an additional copy of the form is submitted when this information is known. Out of an estimated 9,032 MSHA Form 7000‑1 forms filed in 2022, 1,897 respondents working on mine property filed 5,951 initial reports and 982 respondents filed 3,081 follow-up filings to add return-to-duty information. Mine operators must submit separate MSHA Form 7000-1 for each occurrence and for each miner affected by an accident, injury, or illness.

MSHA estimates that, on average, it requires supervisory personnel, earning an average of $76.68 per hour, about 30 minutes to complete the initial MSHA Form 7000‑1 and an additional 20 minutes to complete the return-to-duty portion of the form for either electronic or manual submissions.

Table 12-4. Estimated Annual Respondent Hour and Cost Burden, Prepare and Submit MSHA Form 7000-1 (30 CFR 50.20)

Activity	Respondents (Accidents)	Responses per Respondent	Responses (7000-1 Forms)	Avg. Burden per Response (Minutes)	Total Annual Burden Hours	Avg. Hourly Wage Rate	Annual Burden Cost
Form 7000-1 Initial reports (white form)	5,951	1	5,951	30	2,975.5	$76.68	$228,175.61
Form 7000-1 Follow-up reports (pink form)	3,081	1	3,081	20	1,027.0	$76.68	$78,755.28
Subtotal (Rounded)	9,032		9,032		4,003		$306,931

30 CFR 50.11 (Investigation Report): Each minor is required to develop a report of each investigation. The number of investigation reports corresponds to the number of accidents of each category detailed in Table 12-3: 63 fatal accidents, 5,016 non-fatal accidents, and 872 other occurrences.

The mine operator may not use MSHA Form 7000-1 as the investigation report, with the exception that an operator of a mine with fewer than 20 miners employed may use the form as an investigation report with respect to that mine for an injury not related to an accident (other non-injury occurrences). Out of the 872 other occurrences, 776 took place in mines with fewer than 20 employed miners; the other 96 took place in mines with 20 or more miners. The smaller mines do not need submit separate investigation reports for other occurrences (non-injuries).

MSHA estimates that, on average, it takes supervisory personnel, earning an average of $76.68 per hour, about 4 hours to prepare a separate investigation report for fatal accidents and about 1 hour to prepare a separate investigation report for nonfatal accidents and other occurrences.

Table 12-5. Estimated Annual Respondent Hour and Cost Burden, Preparation of Separate Investigation Reports (30 CFR 50.11)

Activity	Respondents (Accidents)	Responses per Respondent	Responses (Reports)	Avg. Burden per Response (Hours)	Total Annual Burden Hours	Avg. Hourly Wage Rate	Annual Burden Cost
Fatal accidents	63	1	63	4	252.0	$76.68	$19,324.57
Non-fatal accidents	5,016	1	5,016	1	5,016.0	$76.68	$384,650.93
Other occurrences - Mines with more than 20 miners	776	1	776	1	776.0	$76.68	$59,507.40
Subtotal (Rounded)	5,855		5,855		6,044		$463,483

2. Collection of Data for MSHA Form 7000‑2

30 CFR 50.30 (MSHA Form 7000-2): In 2022, 13,406 mine operators reported employment information and 7,547 independent contractors reported employment information. In 2022, MSHA received 76,510 responses on MSHA Form 7000‑2, 50,088 from mine operators and 26,422 from independent contractors, providing the quarterly employment and coal production information for each respondent. All mine operators and independent contractors maintain the information required on MSHA Form 7000‑2 as a fundamental business requirement. They routinely record the number of employees, the number of hours worked, and in the case of coal mines, the number of tons of coal mined.

MSHA estimates that approximately 8 percent of the responses of the submitters will submit paper forms rather than file electronically: of which 4,007 responses from mine operators = 50,088 x 8% and 2,114 responses from independent contractors = 26,422 x 8%. MSHA estimates that, of these, half would be submitted to MSHA by fax and half would be mailed.

MSHA estimates that the average time required to complete the form would be 35 minutes manually (paper) and 15 minutes electronically and this would be carried out by a clerical employee, making an average of $42.53 per hour.

Table 12-6. Estimated Annual Respondent Hour and Cost Burden, Prepare and Submit MSHA Form 7000-2 (30 CFR 50.30)

Activity	Respondents (Operators or Contractors)	Responses per Respondent	No. of Responses (7000-2 Forms)	Avg. Burden per Response (Minutes)	Total Annual Burden Hours	Avg. Hourly Wage Rate	Annual Burden Cost
Form 7000-2 E-responses – Mine operators	12,334	3.7	46,081	15	11,520.24	$42.53	$489,969.55
Form 7000-2 E-responses - Contractors	6,943	3.5	24,308	15	6,077.06	$42.53	$258,461.83
Form 7000-2 Paper Responses – Mine operators	1,072	3.7	4,007	35	2,337.44	$42.53	$99,413.03
Form 7000-2 Paper Responses - Contractors	604	3.5	2,114	35	1,233.03	$42.53	$52,448.00
Subtotal (Rounded)	20,953		76,510		21,168		$900,292

SUMMARY OF BURDEN HOURS

 

Table 12-7. Summary of Burden Costs, Total by Provision

Activity	No. of Respondents	No. of Responses per Respondent	Total Responses	Average Burden (Hours)	Total Burden (Hours)	Hourly Wage Rate	Total Burden Cost
Notifications (Fatal accidents)	63	1.0	63	0.5	31.5	$76.68	$2,415.57
Notifications (Other called-in accidents)	978	1.0	978	0.5	489.0	$76.68	$37,498.86
Investigations (Fatal accidents)	63	1.0	63	80.0	5,040.0	$76.68	$386,491.36
Investigations (Non-fatal accidents)	5,016	1.0	5,016	16.0	80,256.0	$76.68	$6,154,414.87
Investigations (Other occurrences)	872	1.0	872	1.0	872.0	$76.68	$66,869.14
Form 7000-1 Initial reports (white form)	5,951	1.0	5,951	0.5	2,975.5	$76.68	$228,175.61
Form 7000-1 Follow-up reports (pink form)	3,081	1.0	3,081	0.3	1,027.0	$76.68	$78,755.28
Reports (Fatal accidents)	63	1.0	63	4.0	252.0	$76.68	$19,324.57
Reports (Non-fatal accidents)	5,016	1.0	5,016	1.0	5,016.0	$76.68	$384,650.93
Reports (Other occurrences - Mines with more than 20 miners)	776	1.0	776	1.0	776.0	$76.68	$59,507.40
Form 7000-2 E-responses - Mine operators	12,334	3.7	46,081	0.3	11,520.3	$42.53	$489,969.55
Form 7000-2 E-responses - Contractors	6,943	3.5	24,308	0.3	6,077.0	$42.53	$258,461.83
Form 7000-2 Paper Responses - Mine operators	1,072	3.7	4,007	0.6	2,337.4	$42.53	$99,413.03
Form 7000-2 Paper Responses - Contractors	604	3.5	2,114	0.6	1,233.2	$42.53	$52,448.00
Total (Rounded)	20,953		98,389		117,903		$8,318,396

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.

Cost Burden to Respondents for MSHA Form 7000‑1 and MSHA Form 7000-2

Of the 5,953 initial injury reports (white forms of MSHA Form 7000-1) and 3,081 follow up reports of MSHA 7000‑1 Return to Duty (pink forms) submitted in 2022, approximately 10 percent were submitted by mail to MSHA's Office of Injury and Employment Information. The cost of a first-class stamp is $0.66. MSHA’s cost estimates for MSHA Form 7000‑1 submitted by mail are shown below.

Table 13-1. Estimated Annual Respondent Recordkeeping Cost Burden, Mail MSHA Form 7000-1 to Office of Injury and Employment Information (30 CFR 50.20)

Activity	Respondents (Accidents)	Responses per Respondent	Responses (7000-1 Forms)	Cost per Item (Stamp)	Total Annual Cost
Form 7000-1 Initial reports (white form)	595	1	595	$0.66	$392.77
Form 7000-1 Follow-up reports (pink form)	308	1	308	$0.66	$203.35
Subtotal (Rounded)	903		903		$596

Additionally, 10 percent of the initial reports of the MSHA Form 7000-1 are customarily mailed to the MSHA district offices.

Table 13-2. Estimated Annual Respondent Recordkeeping Cost Burden, Mail MSHA Form 7000-1 to District Offices (30 CFR 50.20)

Activity	Respondents (Accidents)	Responses per Respondent	Responses (7000-1 Forms)	Cost per Item (Stamp)	Total Annual Cost
Form 7000-1 Initial reports (white form)	595	1	595	$0.66	$392.77
Subtotal (Rounded)	595		595		$393

Of the 76,510 MSHA 7000-2 forms submitted in 2022 (mine operators = 50,088; contractors = 26,422), approximately 4 percent (mine operators = 2,004; contractors = 1,057) were submitted by mail. The cost of a first-class stamp is $0.66. MSHA’s cost estimates for MSHA Form 7000‑2 submitted by mail are shown below.

Table 13-3. Estimated Annual Respondent Recordkeeping Cost Burden, Mail MSHA Form 7000-2 (30 CFR 50.30)

Activity	Respondents (Operators or Contractors)	Responses per Respondent	Responses (7000-2 Forms)	Cost per Item (Stamp)	Total Annual Cost
Form 7000-2 Responses – Mine operators	536	3.7	2,004	$0.66	$1,322.32
Form 7000-2 Responses - Contractors	302	3.5	1,057	$0.66	$697.54
Subtotal (Rounded)	838		3,060		$2,020

SUMMARY OF RECORDKEEPING COSTS

Table 13-4. Summary of Recordkeeping Costs, Total by Provision

Activity/Regulation	30 CFR Provision	Responses	Annual Recordkeeping Cost
Mail MSHA Form 7000-1 to OIEI	50.20	903	$596.11
Mail MSHA Form 7000-1 to district offices	50.20	595	$392.77
Mail MSHA Form 7000-2	50.30	3,060	$2,019.86
Total (Rounded)		4,559	$3,009

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.

The Office of Injury and Employment Information’s function is to collect, correct, and process mine industry survey data and receive and process operator reporting forms (both MSHA Form 7000‑1 and MSHA Form 7000‑2). The costs to the Federal government for the MSHA Form 7000‑1 and the MSHA Form 7000‑2 are shown as overall cost for both forms.

Table 14-1. Estimated Annual Burden to the Federal Government, Costs Associated with MSHA Form 7-1 and MSHA Form 7000-2

Cost Item	Unit Cost
Costs associated with the operation of the branch	$600,000.00
Costs associated with hardware/software	$55,000.00
Costs associated with printing of forms (GPO*)	$4,500.00
Total (Rounded)	$659,500

*Government Printing Office

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

Respondents: The number of respondents decreased from 22,182 to 20,953 in mining operations.

Responses: The number of responses decreased from 112,414 to 98,389 due to a decrease in the number of respondents.

Burden Hours: The number of burden hours decreased from 131,631 to 117,903 due to a decrease in the number of respondents.

Respondents or Recordkeeping Costs: The annual recordkeeping costs increased from $2,946 to $3,009 due to increased postage costs.

Federal Costs: The annual federal costs remain unchanged at $659,500.

Table 15-1. Summary of Changes

	Previous	Current	Difference
Respondents	22,182	20,953	-1,229
Responses	112,414	98,389	-14,025
Burden Hours	131,631	117,903	-13,728
Respondent or Recordkeeper Costs	$2,946	$3,009	$63
Federal Costs	$659,500	$659,500	$0
Federal Hours	0	0	0

16. For collections of information whose results will be published, outline plans for tabulations, 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 of information, completion of report, publication dates, and other actions.

MSHA publishes its data tabulations and statistical analyses in quarterly news releases and other reports, in five Informational Reports, and in an Annual Report to Congress.

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

MSHA will display the expiration date on any instruments.

18. Explain each exception to the topics of the certification statement.

There are no exceptions to the certification statement.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This information collection does not employ statistical methods.

1 For all wage rates, MSHA uses the relevant precision throughout the calculation to avoid compound rounding errors and rounds at the final rate value. Displayed intermediate calculation values are presented to explain the calculation and are representative but the final rate value reflects the correct rounding and final estimate.

2

Options for obtaining OEWS data are available at item “E3. How to get OEWS data. What are the different ways to obtain OEWS estimates from this website?” at https://www.bls.gov/oes/oes_ques.htm.

3 The benefit multiplier comes from BLS Employer Costs for Employee Compensation accessed by menu at

http://data.bls.gov/cgi-bin/srgate or directly with http://download.bls.gov/pub/time.series/cm/cm.data.0.Current. Insert series ID CMU2030000405000D and CMU2030000405000P, Private Industry Total benefits for Construction, extraction, farming, fishing, and forestry occupations, which is divided by 100 to convert to a decimal value. MSHA used the latest 4-quarter moving average to determine what percent of total loaded wages are benefits. MSHA computes the benefit multiplier with a number of detailed calculations, but it may be approximated with the formula 1 + (benefit percentage/(1-benefit percentage)).

4 Wage inflation is the change in Series ID: CIS2020000405000I; Seasonally adjusted; Series Title: Wages and salaries for Private industry workers in Construction, extraction, farming, fishing, and forestry occupations, Index at https://data.bls.gov/cgi-bin/srgate. Inflation multiplier = (current quarter cost index value / OEWS wage base quarter index value).

5 MSHA used an overhead rate of 17 percent. This overhead rate is based on a 2002 EPA report by Cody Rice, "Wage Rates for Economic Analysis of the Toxics Release Inventory Program", available at https://www.regulations.gov/document/EPA-HQ-OPPT-2016-0387-0064.

15