SUPPORTING STATEMENT FOR INFORMATION COLLECTION
REQUIREMENTS OF THE TEMPORARY LABOR CAMPS STANDARD (1910.142)(1)
Federal Register [11/01/2002] # 67:66671-66672
Temporary Labor Camps; Extension of the Office of Management and Budget's (OMB) Approval of the Information-Collection (Paperwork) Requirements
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 Occupational Safety and Health Act (OSH Act) (29 U.S.C. 651 et. seq.) authorizes the promulgation of such health and safety standards as will be necessary to ensure that employees will be furnished "employment and a place of employment . . . free from recognized hazards that are causing or likely to cause death or serious physical harm."
The statute specifically authorizes recordkeeping by employers as "necessary or appropriate for the enforcement of the Act or for developing information regarding causes and prevention of occupational accidents and illness." This authority extends to medical and monitoring records, compliance, emergency plans, and employee training programs. The OSH Act further makes appropriate provisions for the Occupational Safety and Health Administration (OSHA) to have access to these records to effectively determine whether or not employees are adversely affected by exposures (29 U.S.C. 651(b)(12); 657(c)(1)).
Pursuant to its statutory authority, OSHA promulgated an occupational health standard covering living conditions in temporary labor camps (29 CFR 1910.142). A copy of the regulation is attached to this supporting statement. The specific information collection provisions of the Temporary Labor Camps standard require employers to report to the local public health officer the name and address of any individual in the camp known to have, or suspected of having, a communicable disease. Employers are also required to notify local public health authorities of each occurrence of a suspected case of food poisoning or of an unusual prevalence of any illnesses in which fever, diarrhea, sore throat, vomiting, or jaundice is a prevalent symptom. These reporting requirements are necessary to minimize the possibility of communicable disease epidemics spreading throughout the camps and endangering the health of the camp residents.
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 major purpose of this reporting requirement is to limit the incidence of communicable disease outbreaks in temporary labor camps. Compliance with this aspect of the standard is necessary for the maintenance of a safe and healthful work environment.
Reporting Communicable Disease (§1910.142(l))
The standard requires the camp superintendent to report immediately to the local health officer (1) the name and address of any individual in the camp known to have or suspected of having a communicable disease or suspected food poisoning, or (2) an unusual prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom.
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.
To comply with the requirement to report outbreaks immediately, it is expected that employers will use the telephone to report the necessary information to local health officials. While the standard states that the camp supervisor shall inform local health officials by telegram or telephone, the provision is not intended to limit employers from using other electronic means to notify local health officials, so long as notification can be accomplished immediately.
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 2 above.
No other Federal agency requires the reporting of this type of health information by labor camp superintendents.
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.
The burden of the requirements is an equal obligation for all employers who operate temporary labor camps. The standard requires that the reporting of communicable disease, food poisoning, or any unusual prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, shall be performed using telephone or telegram.
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 reporting frequency specified in the standard is the minimum necessary to assure that the camp superintendent alerts local health authorities regarding potential communicable disease out-breaks among temporary labor camp residents.
7. Explain any special circumstances that would cause an information collection to be conducted in a manner:
- requiring respondents to report information to the agency more often than quarterly;
- requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
- requiring respondents to submit more than an original and two copies of any document;
- requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;
- in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
- requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
- that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
- requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
No special circumstances exist that require the employer to collect information in the manner discussed in item 7.
8. If applicable, provide a copy and identify the data 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 will publish a notice in the Federal Register requesting public comment on its proposal to extend the Office of Management and Budget's approval of the information-collection requirements specified by the Standard. This notice is part of a preclearance consultation program that provides the general public and government agencies with an opportunity to comment on this request.
9. Explain any decision to provide any payment or gift to respondents, other than reenumeration of contractors or grantees.
No payments or gifts will be provided to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
As this regulation does not require the submission of any confidential information to the Federal government, assurances of confidentiality are not applicable.
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 form whom the information is requested, and any steps to be taken to obtain their consent.
There are no provisions in this standard requiring that questions of a sensitive nature be asked.
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 and aggregate the hour burdens in Item 13 of OMB Form 83-I.
- Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.
The burden of this standard is the requirement for temporary labor camp superintendents to report to local health officials the names and addresses of persons known to have, or suspected of having, a communicable disease. In addition, the superintendent is required to report the occurrence of any case of suspected food poisoning or an unusual prevalence of any illnesses in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom among residents of temporary labor camps.
To estimate the burden hours for temporary labor camp superintendents to report communicable disease and cases of suspected food poisoning or an unusual prevalence of any illnesses in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom among residents of temporary labor camps to local public health officials, OSHA used data from the 1998 Annual Summary of the Morbidity and Mortality Weekly Report published by the Centers for Disease Control and Prevention (CDC). This report contains a list of "notifiable" diseases and their incidence per 100,000 population for each notifiable disease. From this list, the Agency created an overall incidence rate per 100,000 - 401 cases per 100,000 persons. Since the list of CDC notifiable diseases is more inclusive than reportable communicable disease, the incidence rate per 100,000 which represents both communicable diseases and other occurrences of illness that are required to be reported to the local public health officials is higher than anticipated. Nevertheless, OSHA is using this estimate in its entirety because specific health conditions cannot be determined with these data.
Absent any new data, OSHA continues to use previous information collection request (ICR) estimates of 209,000 temporary labor camp residents and 7,161 employers. As a result, we again estimate that approximately 838 cases of such disease (0.401% of 209,000) are likely to be reported by temporary labor camp supervisors each year.
The time required to report each incident to local public health authorities has been estimated to be five minutes (.08 hour) of supervisor's time (at a wage rate of $14.22 per hour(2)). OSHA continues to believe this is correct. Therefore, the estimated burden hours for this requirement are as follows:
|.08 hr./report x 838 reports||=||67 hours|
|67 hours x $14.22||=||$953|
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 services 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.
All costs are listed under item #12.
14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.
There is no cost to the Federal government associated with the collection of information requirement described in this supporting statement. Information derived from recent enforcement data, dated October 1, 1997, through September 30, 1998, indicate that no citations were issued involving the collection of information covered in this supporting statement. OSHA, as a general rule, bases the cost on the average time (5 minutes (.08 hour)) that a compliance officer (GS-12, step 5), with an hourly wage rate of $30.24 spends reviewing information at the time of an inspection. Other occupational expenses, such as equipment, overhead, and support staff expenses, would have occurred without these collections of information requirements and are considered normal OSHA operating expenses.
15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.
There are no changes to burden hours or costs.
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 of information, completion of report, publication dates, and other actions.
The information collected under the Temporary Labor Camp standard will not be published.
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.
OSHA is not seeking such approval.
18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submission," of OMB 83-I.
OSHA is not seeking an exception to the certification statement in item #19.
Footnote (1) The purpose of this Supporting Statement is to analyze and describe the burden hours and cost 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. (Back to Text)