SUPPORTING STATEMENT FOR
PAPERWORK REDUCTION ACT 1995 SUBMISSIONS
Ergonomics Program Standard
Notice of Proposed Rulemaking


Federal Register Federal Register [00/00/0000] #64:


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 Occupational Safety and Health Administration (OSHA) has preliminarily concluded that the musculoskeletal disorders (MSDs) associated with workplace exposure to workplace risk factors constitute material impairments of both health and functional capacity. OSHA recognizes that these disorders are not life-threatening and that some of these disorders may be reversible, particularly if early intervention is provided. Nonetheless, evidence shows that these disorders are debilitating to workers. These disorders cause persistent and severe pain, lost worktime, reduction or loss of the worker's normal functional capacity both in work tasks and in other of life's major activities, loss of productivity, and significant medical expenses. Where preventive action or early medical intervention is not provided, these disorders can result in permanent damage to musculoskeletal tissues, causing such disabilities as the inability to use one's hands to do even the small tasks of daily life (e.g., lifting a child), permanent scarring, and arthritis. Thus, OSHA believes that MSDs associated with workplace exposure to risk factors constitute material impairment of health under the Occupational Safety and Health Act (OSH Act).

The purpose of the OSH Act, 29 U.S.C. 651 et seq., 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(b). To achieve this goal Congress authorized the Secretary of Labor to promulgate and enforce occupational safety and health standards (29 U.S.C. §655(b) (authorizing promulgation of standards pursuant to notice and comment), 654(b)(requiring employers to comply with OSHA standards)). Paragraph (6)(b)(7) of the OSH Act authorizes OSHA to prescribe, where appropriate, "the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to effectively determine whether the health of such employees is adversely affected by exposure."

The data available to the Agency show that workers in the occupations and industries covered by the proposed ergonomics program standard are at significant risk of experiencing a work-related MSD over their working lifetime; for many occupations and industries, they are at significant risk of experiencing a work-related MSD even in a single year of work in their job.

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 proposed ergonomics program standard and its information collections would apply to the following:


  • Manufacturing operations;

  • Manual handling operations; and

  • Other jobs in general industry where there is a demonstrated work-related MSD problem.

The proposal's quick fix provision(1), ergonomic program elements, and recordkeeping sections contain collections of information(2). A complete ergonomic program consists of the following six elements, which are discussed below: 1) Management leadership and employee participation; 2) Hazard identification and information; 3) Job hazard analysis and control; 4) Training; 5) MSD Management; and 6) Ergonomic program evaluation.

1. Management Leadership and employee participation. Management Leadership and employee participation are critical to a successful ergonomic program. A commitment from management shows employees the importance of ergonomics in the workplace. Employee participation is important in the proposed Ergonomics program standard because the effectiveness of this standard depends on voluntary reporting of MSDs and MSD hazards.

2. Hazard Information. Employers providing information to their employees on hazard identification and basic MSDs is important so their employees can report the first signs or symptoms of an MSD to their employer. The early reporting of signs and symptoms of MSDs ensures that employees receive help before serious damage occurs. Additionally, the early reporting of MSDs and MSD hazards helps to avoid the development of MSD signs or symptoms in other employees in the workplace in the same job.

3. Job hazard analysis and control. Job hazard analysis and controls eliminate or reduce the job factors contributing to an MSD. Job hazard analysis determines if work-related job factors are present that have caused or contributed to an MSD. Job factors are evaluated to assess their contribution to the MSD or symptom. If necessary, controls are developed and implemented that would eliminate or reduce the relevant job factors.

4. Training. Training provides employees in problem jobs, their supervisors, and persons involved in administering the ergonomics program with the knowledge and skills necessary to recognize and control MSDs and MSD hazards. Effectively addressing workplace MSD hazards require that these individuals know how to identify aspects of job tasks that may increase a worker's risk of developing MSDs, recognize the signs and symptoms of these disorders, and participate in the development and execution of effective strategies to prevent or control them. Note that the provision of hazard identification information alone does not constitute training, because it does not ensure comprehension that is necessary for employees to take an active role in the ergonomics program.

5. MSD management. MSD management is essential for reducing the severity of work-related MSDs that do occur. MSD management ensures that employees report signs and symptoms of work-related MSDs early; that they receive appropriate access to care for effective evaluation, management, and follow-up of a work-related MSD; and that they are provided with appropriate temporary work restrictions during the recovery period.

6. Ergonomic Program Evaluation. Evaluation of the ergonomics program ensures that the program is effective. Periodic review of a program is necessary to guarantee that the resources being expended on the program are achieving the desired results and that the program is achieving these results in an efficient way. Also, the program evaluation ensures that the program is appropriate for the specific MSD hazards in the employer's problem job.

7. Records. The proposal would require the employer to keep the following records: 1) employee reports and the employer's response; 2) job hazard analysis results; 3) plans implemented to control MSD hazards; 4) quick fix records; 5) evaluations of the program and controls; and 6) MSD management records. Ergonomic program records are necessary for employers to measure their progress in establishing an effective program and in controlling MSD hazards. Also, records provided to OSHA under the proposed standard would show that employers are complying with the Ergonomics program standard, thereby ensuring employees are being provided with protection and information required by the standard.

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.

The proposed ergonomics program standard's collections of information do not specify the use of automated, electronic, mechanical, or technological collection techniques. Employers may use such technology to keep paperwork to a minimum. See item 5 of this Justification Statement for a full discussion of how OSHA will use electronic technology to reduce paperwork burdens on small businesses.

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.

The information required to be collected and maintained is specific to each employer and employee involved and is not available or duplicated by another source. The information required by this proposal would be available only from employers. At this time, no known alternate source of information is available.

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.

OSHA is exempting employers with fewer than 10 employees from the proposed standard's recordkeeping requirements because in these very small workplaces information can be communicated and retained informally. Also, the proposal does not contain a written ergonomics program requirement. Finally, the proposed standard would require records to be kept for a shorter time than is the case for most other health standards.

To help small businesses when a final standard is published, OSHA will undertake a number of outreach and compliance assistance activities. Outreach and compliance assistance activities OSHA intends to make available include:


  • Publication of booklets summarizing the standard and providing specific information about different ways in which employers can comply with the standard,

  • Development of a Small Entity Compliance Guide, as required by the Small Business Regulatory Enforcement Act (SBRFA),

  • Development of computer-based materials to help small businesses identify and respond to MSDs and MSD hazards,

  • Development of training materials employers can use in developing and implementing an ergonomics program,

  • Development of a compliance directive that answers compliance-related questions about the standard,

  • Designation and training of OSHA personnel in regional offices to help answer questions and provide technical assistance in meeting the requirements of the standard,

  • Provision of speakers, conferences and workshops, particularly workshops geared to small businesses, to provide information on available controls and technology concerning ergonomic programs and controls.

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 information collection frequencies specified in the proposal are the minimum OSHA believes necessary to ensure that the employer and OSHA can protect employees from MSDs.

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.

There are no special circumstances that would require the collection of information to be conducted in a manner discussed above.

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.

On August 3, 1992, OSHA published the Advance Notice of Propose Rulemaking (ANPR) in the Federal Register (57 FR 34192), requesting information for consideration in the development of an ergonomics standard. The ANPR comment period closed February 1, 1993. OSHA received 290 comments in response to the ANPR. Those comments were carefully considered by the Agency in developing the proposed ergonomics program standard.

In addition, OSHA met with more than 400 stakeholders in 13 informal meetings during the development of the proposed rule, and considered the major points raised by the stakeholders during these meetings.

The Agency also conducted a Panel review process required by SBREFA. In conjunction with the SBREFA process, OSHA released a draft of the proposed rule and carefully considered stakeholder comments on the draft.

In addition to the above, there will be a comment period and a public hearing to receive comments, testimony and evidence on the proposed rule, including the need for, and burden hour estimates, associated with the collection of information requirements. OSHA will fully consider all of that information in preparing the final paperwork package for the Ergonomic Program Standard.

9. Explain any decision to provide any payment or gift to respondents, other than reenumeration of contractors or grantees.

No such decision has been made.

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

Because medical records may contain information that can be considered private, OSHA and the National Institute for Occupational Safety and Health have taken steps to assure that medical record's data are kept confidential. Rules of agency practice and procedure governing OSHA access to employee medical records are contained in 29 CFR 1913.10.

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.

No provisions in this proposal require 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.

Burden hours and costs were derived from the Preliminary Economic Analysis (PEA) for this rule. The collections of information are contained within the quick fix option, the six ergonomic program elements, and the recordkeeping provisions of the proposed ergonomic standard.

If an MSDs occurs, all employers have two options - either implement a quick fix or establish an ergonomics program, with all six elements. However, all establishments with manufacturing and manual handling jobs must implement the first two elements of the ergonomics program to help employers in identifying MSDs, even in the absence of an MSD among their employees. All employers must comply with the proposal's recordkeeping provisions, except for employees with fewer than 10 employees.

A. Summary of Annual Burden Hours and Costs


Provisions containing
Collections of Information

Burden Hours

Costs

Initial

Recurring Initial Recurring
1. Regulation Review 5,900,000 590,000 $ 178,770,000 $ 17,877,000
2. Quick Fix Records 856,622 856,622 $ 25,955,646 $ 25,955,646
3. Management and Leadership & Employee Participation 3,192,402 1,011,088 $ 96,729,780 $ 30,635,966
4. Hazard Information and Reporting 1,596,201 505,544 $ 48,364,890 $ 15,317,983
5. Job Analysis and Control 6,082,005 6,082,005 $ 184,284,752 $ 184,284,752
6. Training 0 0 $ 0 $ 0
7. MSD Management 5,139,726 5,139,726 $ 155,733,698 $ 155,733,698
8. Program Evaluation 0 1,298,744 $ 0 $ 39,351,993
9. Recordkeeping (burden included in above elements) 282,149 282,149 $ 8,549,115 $ 8,549,115
Total 23,049,105 15,765,878 $ 698,387,881 $ 477,706,153

B. Provision by Provision Estimates of Burden

The Agency estimates that there are 1,713,242 MSDs annually. The collections of information with which an employer must comply will, in part, be dependent on the complexity of identifying and determining if the MSD is job-related, and eliminating and controlling the MSD hazard.

OSHA estimates that 25% (428,311) of the 1,713,242 MSDs reported annually, employers will perform a quick fix ; a job hazard analysis for 60% (1,027,945), and hire an outside consultant for the remaining 15% (256,986).

OSHA assumes that a manager earning $30.30 per hour will conduct the necessary collections of information. The hourly wage rate of $30.30 includes benefits.

1. Application of the Standard

During the first year, OSHA estimates that 5,900,000 employers will review the standard to become familiar with the standard's contents and to determine its applicability to their workplace. In subsequent years, the agency estimates that there will be about 590,000 new employers (10 percent of the current number of employers) who will review the standard. For purposes of this clearance, OSHA assumes a manager earning $30.30 will take one hour to review the standard.


Initial burden hours:
5,900,000 employers x 1 hour = 5,900,000 hours
5,900,000 hours x $30.30 = $178,770,000

Recurring burden hours:
590,000 x 1 hour = 590,000
590,000 x $30.30 = $17,877,000
2. Quick Fix Option (Sections 1910.909 and 1910.940)

Employers may choose to implement a quick fix option for those jobs where the job hazard and solution are obvious, and the implementation of the solution can be done quickly.

Employers using the quick fix must do the following:


(1) Promptly make available the MSD management this standard requires;

(2) Consult with employee(s) in the problem job about the physical work activities or conditions of the job they associate with the difficulties, observe the employee(s) performing the job to identify whether any risk factors are present and ask employee(s) for recommendations for eliminating the MSD hazard;

(3) Put in quick fix controls within 90 days after the covered MSD is identified, and check the job within the next 30 days to determine whether the controls have eliminated the hazard;

(4)Keep a record of the Quick Fix Control; and

(5) Provide the hazard information this standard requires to employee(s) in the problem job within the 90-day period.
Quick fix records must be maintained for three years or until replaced by updated records, whichever comes first (see section 1910.940).

Since a quick fix is for those jobs where the hazard and the solution are easily identifiable, and the implementation of the solution can be done quickly, OSHA estimates the manger will take 1 hour to obtain, document, and maintain the necessary information for the quick fix record, and 1 hour to provide hazard information to the employees. The number of MSDs that will be corrected by quick fix fluctuates year to year, with no significant change from the initial year to recurring years. For the purpose of calculating burden hours, the Agency estimates that 428,311 MSDs will be corrected using quick fix.


Burden Hours: 428,311 MSDs x 2 hours = 856,622 hours
Costs: 856,622 hours x $30.30 = $25,955,646
3. Management Leadership and Employee Participation (Sections 1910.911 through 1910.913)

All employers who have manufacturing and manual handling jobs must comply with this element as well as all employers in general industry who have jobs giving rise to a covered MSD, unless the MSD was corrected by the quick fix option.

Employers must do the following:


(1) Assign and communicate responsibilities for setting up and managing the ergonomics program (§1910.912 (a));

(2) Provide the person(s) responsible for the ergonomics program with the authority, resources, information and training necessary to meet their responsibilities (§1910.912 (b));

(3) Examine existing policies and practices to ensure they encourage and do not discourage against participation in the ergonomics program (§1910.912(c)); and

(4) Communicate periodically(3) with employees about the program and their concerns about MSDs (§1910.912(d)).
Employers must also set-up a reporting system that would

(1) Identify at least one person to promptly respond to employee reports and to take the action this standard requires when employees have covered MSDs (§1910.916(a)),

(2) Provide a way for employees to report MSD signs and symptoms (§1910. 913(a)), and to be involved with developing, implementing, and evaluating the ergonomic program elements (§1910.913(a)),

(3) Allow access to the standard and information about the ergonomics program (§1910.913(c)), and

(4) Ensure that employee reports of MSD signs and symptoms are promptly evaluated (§1910. 913(b), §1910.916 (b)).
To set-up and manage the ergonomics program, OSHA estimates that managers will spend 1 hour to designate responsible persons, examine existing policies, and develop a reporting system.

The trained manager will also expend one hour on the reporting system, periodically communicating with employees, overseeing the program, ensuring employee reports of MSD are evaluated, and maintaining employee employer reports.

Burden Hour Summary


Set-up reporting system (designating a responsible person, examining existing system) 1 hour
   
Establish reporting system & periodic communication 1 hour
   
Total Hours 2 hours

For the first year the Agency estimates that 1,596,201(4) employers would spend two hours establishing reporting systems and periodic communication. For the purposes of this information collection request, OSHA estimates that in subsequent years 505,544 employers will conduct these activities.

Initial burden hours:
Burden Hours: 1,596,201 employers x 2 hours = 3,192,402 burden hours
Costs: 3,192,402 hours x $30.30 = $96,729,780
Recurring burden hours:
Burden Hours: 505,544 employers x 2 hours = 1,011,088 burden hours
Costs: 1,011,088 hours x $30.30 = $30,635,966
4.Hazard Information and Reporting (Sections 1910.914, 1910.915, 1910.916)

Under section 1910.915, employers must provide the following information to current and new employees:


(1) Common MSD hazards;

(2) The signs and symptoms of MSDs, and the importance of reporting them early;

(3) How to report signs and symptoms; and

(4) A summary of the requirements of this standard.

This is general information about MSDs and MSD hazards. Job-specific information that results from a job hazard analysis is only required if the requirements in the proposal that address training (section 1910. 923) are triggered by the occurrence of an MSD. The intent of this section is to make employees aware of MSDs and MSD hazards. Burden hours for section 1910.916, which addresses the employee reporting system, is taken under Item number 3, "Management Leadership and employee participation".

For the initial year, the Agency estimates that 1,596,201 employers will provide MSD hazard information to employees. To estimate burden hours in subsequent years, the agency assumes that 505,544 employers will provide this information to their employees. The manager will take one hour to gather and provide the information to their employees.

Initial burden hours:
        Burden Hours: 1,596,201employers x 1 hour = 1,596,201 hours
        Costs: 1,596,201 hours x $30.30 = $48,364,890 hours
 
Recurring burden hours:
        Burden Hours: 505,544 employers x 1 hour = 505,544 hours
        Costs: 505,544 hours x $30.30 = $15,317,983
5. Job Analysis and Control (Sections 1910.917 through 1910.922)

Job analysis requires the employer to decide if work activities and job conditions are associated with risk factors that are likely to have caused or contributed to an MSD. The employer must evaluate the risk factors to determine if they have contributed to the MSD or symptoms. Finally, the employer will implement the controls to eliminate or reduce the relevant risk factors.

As part of the job analysis, the manager is required to discuss the job with the affected employee(s) and to observe the affected employee(s) performing the job. Many checklists are available to help managers in performing job hazard analysis, and the standard itself provides a list of job conditions and, physical work activities commonly associated with various risk factors.

Under Recordkeeping, section 1910.940, employers with more than 10 employees must maintain a record of the job hazard analysis results for three years, or until replaced by updated records, whichever comes first. The job hazard analysis record may include the physical activities or conditions associated with the covered MSD, the risk factors, and controls that were implemented. OSHA estimates a manger will take 3 hours to obtain the necessary information for the job hazard analysis record for 428,311 MSDs. For 599,634 MSDs, a manger will take 8 hours to obtain the necessary information.


Burden Hours: (428,311 MSDs x 3 hours) + (599,634 MSDs x 8 hours) = 6,082,005 hours
Costs: 6,082,005 hours x $30.30 = $184,284,752

6. Training (Sections 1910.923 through 1910.928)

OSHA believes that the Ergonomic Program Standard training requirements are performance-oriented and not subject to clearance under the Paperwork Reduction Act.

7. MSD Management (Sections 1910.929 through 1910.935)

MSD management requires employers to ensure that their employees report signs and symptoms of work-related MSDs early; that their employees receive appropriate access to care for effective evaluation, management, and follow-up of a work-related MSD; and that they are provided with appropriate temporary work restrictions during the recovery period.

Employers must provide the following information to the health care professional:
(1) A description of the employee's job and information about the MSD hazard in it;

(2) A description of available work restrictions that are reasonably likely to fit the employee's capabilities during the recovery period; and

(3) A copy of the MSD management section and a summary of the requirements of this standard.

Employers must maintain records of the MSD management process as stated under section 1910.140. These records must be retained for the duration of the injured employee's employment plus three years. Records include information provided to the physician and a copy of the physician's written opinion.

OSHA estimates that a manager will take one hour,per MSD, to fulfill the MSD management requirements, including providing information to the physician and ensuring employee's receive the physician's opinion. Each MSD will also require two hours of employee time, with an hourly wage rate of $17.12. For the purposes of calculating burden hours, the Agency assumes three hours for each MSD reported, the Agency recognizes that this is an over estimation of burden hours.

Burden Hours: 1,713,242 MSD requirements x 3 hours = 5,139,726 hours
Costs: (1,713,242 x $30.30) + (3,426,484 x $17.12) = $110,572,638

8. Program Evaluation (Sections 1910.936 through 1910.938)

Employers must periodically, or at least every three years, review their ergonomics programs to ensure that they comply with the standard. Employers must consult with employees in problem jobs, evaluate program elements to ensure they are functionally properly, and evaluate the program to ensure it is eliminating or controlling MSD hazards. If deficiencies are found, employers must take prompt action to correct those deficiencies. In accordance with section 1910.940, the Ergonomics program evaluation must be maintained for at least three years or until replaced by updated records, whichever comes first.

As employers will be establishing ergonomic programs during the first year, burden for program evaluation will be taken in the second and subsequent years. Based on the preliminary economic impact analysis, OSHA estimates that each year about 324,686 employers will update there plans. The Agency assumes a manager will take 4 hours to perform this review.


Burden Hours: 324,686 employers x 4 hours = 1,298,744 hours
Costs: 1,298,744 hours x $30.30 = $39,351,943

9. Recordkeeping (Sections 1910.939 and 1910.940)

The following table specifies the records employers must keep and how long employers must keep them:


YOU MUST KEEP THESE RECORDS... FOR AT LEAST...
* Employee reports and your responses 3 years-
*Job hazard analyses *Hazard control records *Quick Fix Records *Ergonomics program evaluation 3 years
or
until replaced by updated records,
whichever comes first
*MSD management records The duration of the injured
employee's employment
plus 3 years

Employers must keep records if they have ten or more employees on any one day during the preceding calendar year. This includes part-time employees and employees provided through personnel services.

OSHA assumes that 1,128,594(5) MSDs will occur in establishments with greater than ten employees. OSHA assumes that a manager will take 15 minutes (0.25 hours) to document and maintain these records.


Burden Hours: 1,128,594 MSDs x 0.25 hour = 282,149 hours
Costs: 282,149 hours x $30.30 = $8,549,115

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.

OSHA estimates that employers will hire an outside consultant for 256,986 MSDs at a cost of $2,000 for each MSD. The estimated cost to employers is $513,972,000.

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.

The Notice of Proposed Rulemaking will impose no costs to the Federal government.

15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

OSHA estimates that the burden hours associated with the collection of information requirements in the proposed rule at 23,049,105. Based on the preliminary economic analysis, the agency projects that the first year burden will drop to 15,765,878 in the second and subsequent years. Because the Ergonomic Program Standard is only a proposal, OSHA is showing zero burden hours for the proposed collections.

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.

None of the information collected under the Ergonomics program standard would 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). A job where the hazard and solution are obvious, and can be remedied quickly. [Back to Text]
Footnote (2). Collection of information means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public of facts or opinions regardless of form or format. (Paperwork Reduction Act of 1995 (Pub L. 104-13). [Back to Text]
Footnote (3). Periodically means that, on a regular basis, the employer and employee will conduct a two-way exchange of information in which employees receive information about the MSD that is concern to the employee. [Back to Text]
Footnote (4).The 1,596,201 figure includes manufacturing and manual job establishments, as well as those general industry facilities who have an MSD reported and do not use the quick fix option. [Back to Text]
Footnote (5). OSHA estimates that 1,556,909 MSDs will occur in establishments with greater than ten employees. However, burden for quick fix records under Item 2 "Quick Fix Option"; therefore, the number of MSDs being addressed by quick fix, 428,311, was subtracted from the total number of MSDs (1,556,909). [Back to Text]