PAPERWORK REDUCTION ACT of 1995 SUBMISSION
SUPPORTING STATEMENT
Concrete and Masonry Construction
29 CFR 1926.703(a)(2)


blackball Federal Register [09/30/1998] #63:52298-52300
Submission for OMB Review; Comment Request


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 Act of 1970 authorizes the promulgation of health and safety standards necessary or appropriate to provide safe or healthful employment and places of employment. The statute specifically authorizes information collection by employers as necessary or appropriate for the enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents.

One of the hazards in concrete construction is improperly designed and erected formwork. This hazard could cause partial or complete collapse of the concrete structure. To prevent collapse of cast-in-place concrete buildings, it is critical to have the formwork drawings on the jobsite. Paragraph (a)(2) of the standard states "drawings or plans including all revisions, for the jack layout, formwork (including shoring equipment), working decks, and scaffolds, shall be available at the jobsite."

2. Indicate 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.

Cast-in-place concrete formwork drawings or plans are used at the jobsite by employers and employees to provide specific instructions on how to erect, brace, construct, and maintain the formwork. If plans were not available at the jobsite, collapse of the concrete structure could result.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technical collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision of adopting this means of collection. Also, describe any consideration of using information technology to reduce the burden.

Drawings and plans may be stored and retrieved electronically.

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

OSHA is unaware of any other requirements that duplicate this collection of information, and the Agency knows of no similar information already available that could be used. Formwork drawings and plans must be prepared for each building site and can only be used at other sites if the structures are identical. If similar information that provides equivalent protection is available, the employer is free to use it.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe the methods used to minimize burden.

The burden of compliance with the information collection requirement is an equal obligation for all employers to provide formwork drawings or plans. The need for the information is the same for any size employer or entity, as is the burden.

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 the burden.

This collection of information is prepared only once per job site and contains only needed, specific information. The requirement cannot be lessened without revoking it entirely.

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

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

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

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

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

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

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

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

  • requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentially to the extent permitted by law.
The collection of information is within the guidelines of 5 CFR 1320.6. The information is needed only for the duration of the construction activity.

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 before submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to those 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 record keeping, 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 three years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that mitigate against consultation in a specific situation. These circumstances should be explained.

As required by the Paperwork Reduction Act of 1995, OSHA solicited comments from the public on the burden hour estimates and the need for the collections through an announcement in the Federal Register, published on June 19, 1998 (63 FR 33712-33713). The Agency did not receive any comments in response to the notice.

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

No elements of confidentiality are involved.

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.

No such information is required to be reported.

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 burden 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

As a practical matter, it would be extremely difficult to erect formwork without plans, and without having them at the site. Therefore, OSHA believes that it is a usual and customary practice for employers to prepare formwork drawings and keep them at the job site. This is confirmed by OSHA's inspection data, which shows that in FY 97, §1926.703(a)(2) was only cited four times. OSHA estimates that virtually all such employers have these plans and drawings, and that they keep them at the jobsite 97 percent of the time. With respect to the remaining 3 percent, OSHA estimates that the time required to arrange for a copy of the formwork drawings or plans to be brought to the site is 10 minutes.

The Agency's previous burden hours estimate, derived from the regulatory assessment prepared for the standard (promulgated in 1988), indicated that there were 1.4 million jobsites that would use formwork drawings for concrete. According to the 1996 Census of Fatal Occupational Injuries (CFOI), 33,044 establishments were engaged in concrete construction in 1996. Using the three most recent CFOI, OSHA estimates that the number of establishments within SIC code 1771 (Concrete work) increased an average of 4.1 percent each year for the three years 1994 through 1996. OSHA used this sustained trend of growth for SIC 1771 to estimate that the 1.4 million jobsites increased to 1,457,400 job sites (using the 4.1 percent growth rate). In addition, recent U.S. census data indicates that there are an additional 100,000 jobsites. This number of jobsites (1,557,400) multiplied by 3 percent totals 46,722 jobsites affected by §1926.703(a)(2), or 994 employers, based on a 1:47 ratio. The number of jobsites (46,722) multiplied by the time required to arrange for a copy of the formwork drawings or plans to be brought to the site (10 minutes) comes to 7,787 hours.

Burden:
  1.4 million jobsites + (1.4 million x 4.1 percent) + 100,000 = 1,557,400 jobsites
1,557,400 x 3 percent = 46,722 jobsites
46,722 jobsites x 10 minutes ÷ 60 = 7,787 hours


Costs to Respondents
The Agency has determined that a construction supervisor earns $26.93 per hour on average. Therefore, the annual cost is:

7,787 Burden Hours x $26.93 = $209,704.00

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)

Costs under this item are included in those costs in Item 12.

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), 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 into a single table.

The cost to the Federal government is the compliance officers' hourly wage rate ($25.56) multiplied by the time it takes to ask for a collection of information (5 minutes (0.08 hour) or $2.04 per document per visit. Other operational expenses, such as equipment, overhead, and support staff expenses would have occurred without these collection of information requirements and are considered normal OSHA operating expenses.

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

There is an adjustment of -3,880 hours from the previous inventory. The adjustment reflects the use of recent statistical information (particularly the Bureau of Labor Statistics' Census of Fatal Occupational Injuries) to get more accurate data on the concrete construction industry. In addition, the new figure reflects OSHA's inspection data, which shows that in FY 97, §1926.703(a)(2) was cited only a few times. Using that information, the Agency estimates that virtually all employers keep concrete formwork plans and drawings at the jobsite (estimated at 97 percent of the time).

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.

This question is not applicable as this information will not be published for statistical use.

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 Submissions," of OMB Form 83-I.

OSHA is not seeking any exceptions to the certification statement in Item 19.

B. Collection of Information Employment Statical Methods

The Agency should be prepared to justify its decision not to use statistical methods in any case where such methods might reduce burden or improve accuracy of results. When Item 17 on the Form OMB 83-I is checked "Yes", the following documentation should be included in the Supporting Statement to the extent that it applies to the methods proposed:

1. Describe (including a numerical estimate) the potential respondent universe and any sampling or other respondent selection methods to be used. Data on the number of entities (e.g., establishments, State and local government units, households, or persons) in the universe covered by the collection and in the corresponding sample are to be provided in tabular form for the universe as a whole and for each of the strata in the proposed sample. Indicate expected response rates for the collection as a whole. If the collection had been conducted previously, include the actual response rate achieved during the last collection.

2. Describe the procedures for the collection of information including:

  • Statistical methodology for stratification and sample selection,

  • Estimation procedure,

  • Degree of accuracy needed for the purpose described in the justification,

  • Unusual problems requiring specialized sampling procedures, and

  • Any use of periodic (less frequently than annual) data collection cycles to reduce burden.
3. Describe methods to maximize response rates and to deal with issues of non-response. The accuracy and reliability of information collected must be shown to be adequate for intended uses. For collections based on sampling, a special justification must be provided for any collection that will not yield "reliable" data that can be generalized to the universe studied.

4. Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an effective means of refining collections of information to minimize burden and improve utility. Tests must be approved if they call for answers to identical questions from 10 or more respondents. A proposed test or set of tests may be submitted for approval separately or in combination with the main collection of information.

5. Provide the name and telephone number of individuals consulted on statistical aspects of the design and the name of the agency unit, contractor(s), grantee(s), or other person(s) who will actually collect and/or analyze the information for the agency.

The information collection requirements of the standard do not employ statistical methods, therefore this section is not applicable.