SUPPORTING STATEMENT FOR

THE COLLECTION OF INFORMATION REQUIREMENTS OF

THE STANDARD ON PERSONAL PROTECTIVE EQUIPMENT (PPE)

FOR SHIPYARD EMPLOYMENT (29 CFR PART 1915, SUBPART I)

OFFICE OF MANAGEMENT AND BUDGET (OMB)

CONTROL NO. 1218-0215

 (December 2015)

JUSTIFICATION

1.  Explain the circumstances that make the collection of information
necessary.  Identify any legal or administrative requirements that
necessitate the collection.  Attach a copy of the appropriate section of
each statute and regulation mandating or authorizing the collection of
information.

The main purpose of the Occupational Safety and Health Act (OSH Act) is
to “assure so far as possible every working man and woman in the
Nation safe and healthful working conditions and to preserve our human
resources” (29 U.S.C. 651).  To achieve this objective, the OSH Act
specifically authorizes “the development and promulgation of
occupational safety and health standards” (29 U.S.C 651).

With regard to recordkeeping, the OSH Act specifies that “[e]ach
employer shall make, keep and preserve, and make available to the
Secretary . . . such records . . . as the Secretary . . . may prescribe
by regulation as necessary or appropriate for the enforcement of this
Act . . .” (29 U.S.C. 657).  The OSH Act states further that “[t]he
Secretary . . . shall prescribe such rules and regulations as [he/she]
may deem necessary to carry out [his/her] responsibilities under this
Act, including rules and regulations dealing with the inspection of an
employer’s establishment” (29 U.S.C. 657).Under the authority
granted by the OSH Act, the Occupational Safety and Health
Administration (OSHA) published at 29 CFR part 1915, subpart I, the
standard on Personal Protective Equipment (PPE) for Shipyard Employment.
 Subpart I requires employers to provide and ensure that each affected
worker uses the appropriate personal protective equipment (PPE) for the
eyes, face, head, extremities, torso, and respiratory system, including
protective clothing, protective shields, protective barriers,
life-saving equipment, personal fall arrest systems, and positioning
device systems that meets the applicable provisions of this subpart,
whenever workers are exposed to hazards that require the use of PPE. 
Items 2 and 12 below describe in detail the specific information
collection requirements of subpart I.



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.

Subpart I contains two collection of information requirements, which are
described below.  

Hazard Assessment and Verification (§1915.152(b)).  Section 1915.152(b)
requires the employer to assess work activities to determine whether
there are hazards present, or likely to be present, which necessitate
the worker’s use of PPE.  If such hazards are present, or likely to be
present, the employer must:  (1) select the type of PPE that will
protect the affected worker from the hazards identified in the
occupational hazard assessment; (2) communicate selection decisions to
affected workers; (3) select PPE that properly fits each affected
worker; and (4) maintain documentation that verifies that the required
occupational hazard assessment has been performed.  The verification
must contain the following information:  occupation or trade assessed,
the date(s) of the hazard assessment, and the name of the person
performing the hazard assessment.  

The hazard assessment assures that potential workplaces hazards
necessitating PPE use have been identified and the PPE selected is
appropriate for those hazards and the affected workers.  The required
certification of the hazard assessment verifies that the required hazard
assessment was conducted.

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

Employers may use automated, electronic, mechanical, or other
technological collection techniques, or other forms of information
technology (e.g., electronic submission of responses), when establishing
and maintaining the required records.  The Agency wrote the subpart I
paperwork requirements in performance-oriented language, i.e., in terms
of what data to collect, not how to record the data.

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

The requirements to collect and maintain information are specific to
each employer and worker involved, and no other source or agency
duplicates these requirements or can make the required information
available to OSHA (i.e., the required information is available only from
employers).

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

The information collection requirements in subpart I do not have a
significant impact on a substantial number of small entities.

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

The Agency believes that the information collection frequencies
required by subpart I are the minimum frequencies necessary to
effectively monitor the use of PPE by shipyard employers and, thereby,
fulfill its mandate “to assure so far as possible every working man
and woman in the Nation safe and healthful working conditions and to
preserve our human resources” as specified by the OSH Act (29 U.S.C.
651). 

 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 employers to collect
information in the manner or using the procedures specified by this
item.  The information collection requirements are consistent with the
guidelines set forth in 5 CFR 1320.5.

 8.  If applicable, provide a copy and identify the date and page number
of publication in the Federal Register of the agency's notice, required
by 5 CFR 1320.8(d), soliciting comments on the information collection
prior to submission to OMB.  Summarize public comments received in
response to that notice and describe actions taken by the agency in
response to these comments.  Specifically address comments received on
cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain
their views on the availability of data, frequency of collection, the
clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or
reported.

Consultation with representatives of those from whom information is to
be obtained or those who must compile records should occur at least once
every 3 years, even if the collection of information activity is the
same as in prior periods.  There may be circumstances that may preclude
consultation in a specific situation.  These circumstances should be
explained.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3506(c)(2)(A)), OSHA published a notice in the Federal Register,
soliciting comments on its proposal to extend the Office of Management
and Budget’s approval of the collection of information requirements
specified by the Standard on Personal Protective Equipment (PPE) for
Shipyard Employment (29 CFR part 1915, subpart I).  This notice was part
of a preclearance consultation program that provided the general public
and government agencies with an opportunity to comment.  The Agency will
address any comments in response to this notice.   

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

The Agency will not provide payments or gifts to the respondents.

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

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.

None of the provisions in subpart I require the collection of sensitive
information.

 

12.  Provide estimates of the hour burden of the collection of
information.  The statement should:

Indicate the number of respondents, frequency of response, annual hour
burden, and an explanation of how the burden was estimated.  Unless
directed to do so, agencies should not conduct special surveys to obtain
information on which to base hour burden estimates.  Consultation with a
sample (fewer than 10) of potential respondents is desirable.  If the
hour burden on respondents is expected to vary widely because of
differences in activity, size, or complexity, show the range of
estimated hour burden, and explain the reasons for the variance. 
Generally, estimates should not include burden hours for customary and
usual business practices.

If this request for approval covers more than one form, provide separate
hour burden estimates for each form.

Provide estimates of annualized cost to respondents for the hour burdens
for collections of information, identifying and using appropriate wage
rate categories.  The cost of contracting out or paying outside parties
for information collection activities should not be included here. 
Instead, this cost should be included in Item 14.



Burden Hour and Cost Determinations

OSHA estimates that there are 103,285 shipyard workers potentially
exposed to workplace hazards that may require the use of PPE. The number
of establishments is estimated to be 2,759.  These estimates were taken
from the Final Rule on General Working Conditions in Shipyard
Employment; (76 FR 24576) published on May 2, 2011. The number of
affected establishments is based on the final rule’s Final Economic
Analysis and the expertise of the Office of Regulatory Analysis. Table 1
provides a comparison of shipyard establishments by size:

Table 1

Affected Establishments and Employees by Size

Industry Code	Industry Name	Size Class	Affected Establishments	Affected
Employees

NAICS 336611	Shipyards	1000 & Up	36	43,148



500-999	29	4,370



250-499	34	5,496



100-249	44	3,097



20-99	30	902

	Offsite	20-99*	82	1,355



1-19*	384	1,521







NAICS 11411	Commercial Fishing	1000 & Up	7	4,200



500-999	3	840



250-499	1	210



100-249	10	857



20-99	21	467



1-19	1,099	1,196







NAICS 311712	Fish Processing	1000 & Up	44	16,740



500-999	10	1,340



250-499	8	1,407



100-249	15	1,360



20-99	41	1,545



1-19	96	458







NAICS 488330	Tug & Towing Services	1000 & Up	45	4,282



500-999	14	1,702



250-499	5	808



100-249	16	1,450



20-99	88	2,437



1-19	471	1,239







NAICS	Passenger Vessels	20-99	21	532



1-19	105	326

	TOTAL

2,759	103,285



Wage Rates for Shipyards

The Agency determined average wage rates for PPE for Shipyard Employment
using an average hourly earning, including benefits, to represent the
cost of employee time.  The Agency adopted the mean wages rates from May
2014 National Industry-Specific Occupational Employment and Wages
Estimates, U.S. Department of Labor, Bureau of Labor Statistics.  Total
compensation for occupational category includes an adjustment of 30.5
percent (Employer Costs for Compensation, June 2015) (  HYPERLINK
"http://www.bls.gov/news.release/ecec.nr0.htm" 
http://www.bls.gov/news.release/ecec.nr0.htm ) for fringe benefits; this
figure represents the average level of fringe benefits in the private
sector.  The cost of labor used in this analysis is, therefore, an
estimate of total hourly compensation.  The hourly wage is:

Shipyard Supervisors				$66.05

Commercial Fishing Supervisors		$29.83

Fish Processing Supervisors			$29.23

Tug & Towing Supervisors			$36.77

Passenger Vessel Supervisors		$36.77

 Hazard Assessment and Verification Record (1915.152(b)).  Subpart I
requires that employers conduct a hazard assessment and make a
determination regarding their need for PPE.  Employers must assess work
activities to determine whether there are hazards present, or likely to
be present, which necessitate the worker’s use of PPE.  If such
hazards are present, or likely to be present, the employer must:  (1)
select the type of PPE that will protect the affected worker from the
hazards identified in the occupational hazard assessment; (2)
communicate selection decisions to affected workers; (3) select PPE that
properly fits each affected worker; and (4) verify that the required
occupational hazard assessment has been performed.  The verification
must contain the following information:  Occupation, the date(s) of the
hazard assessment, and the name of the person performing the hazard
assessment.  

The final rulemaking record showed that shipyards were already
performing hazard assessments and reassessments as a normal and routine
shipyard practice (61 FR 26345) so no burden is associated with this
requirement; however, they were not documenting these assessments. 
Therefore, the ICR only includes burden hours and costs for documenting
assessments and reassessments.  The Summary of Final Economic Analysis,
Regulatory Flexibility Certification, and Environmental Impact
Assessment (Final Economic Analysis) in the final rule (61 FR 26322
(5/24/1996)) estimated it takes 5 minutes (.08 hour) to record the
hazard assessment for each occupation covered.    

The initial hazard assessment is a one-time obligation unless new or
different workplace hazards arise or changes in workplace conditions are
such that such hazards are likely to be present in the workplace, in
which case the employer must perform an updated or revised hazard
reassessment. Thus, for purposes of this ICR, the Agency assumes that
all 2,759 establishments have conducted their initial assessments.  In
addition, because the number of establishments in this industry is
declining, OSHA estimates that there is virtually no establishment
turnover rate in this industry.

OSHA estimates that 10 percent of the original number of hazard
assessments per establishment will be reassessed in a given year.  The
total number of hazard assessments is determined by multiplying the
number of establishments by the number of hazard assessments for that
size of establishment.  The number of hazard assessments per
establishment is based on the Final Economic Analysis, which stated that
assessments and reassessments would be conducted for occupations at the
shipyard.

Table 2

 Burden Hours and Costs for Recording

	Size Class	Affected Establishments	Number of Assess- ments per
Establishment	10% per Year	Time in Hours	Total Hours	Supervisor’s Wage
Rate	Cost

Shipyards	1000 & Up	36	40	10%	0.08 hour	12	$66.05	$793

	500-999	29	30	10%	0.08 hour	7	$66.05	$462

	200-499	34	30	10%	0.08 hour	8	$66.05	$528

	100-199	44	10	10%	0.08 hour	4	$66.05	$264

	20-99	30	5	10%	0.08 hour	1	$66.05	$66

Offsite	20 – 99*	82	5	10%	0.08 hour	3	$66.05	$198

	1 – 19*	384	5	10%	0.08 hour	15	$66.05	$991











Commercial

Fishing	1000 & Up	7	40	10%	0.08 hour	2	$29.83	$60

	500-999	3	30	10%	0.08 hour	1	$29.83	$30

	200-499	1	30	10%	0.08 hour	1	$29.83	$30

	100-199	10	10	10%	0.08 hour	1	$29.83	$30

	20-99	21	5	10%	0.08 hour	1	$29.83	$30

	1-19	1099	5	10%	0.08 hour	44	$29.83	$1,313











Fish Processing	1000 & Up	44	40	10%	0.08 hour	14	$37.83	$530

	500-999	10	30	10%	0.08 hour	2	$29.23	$58

	200-499	8	30	10%	0.08 hour	2	$29.23	$58

	100-199	15	10	10%	0.08 hour	1	$29.23	$29

	20-99	41	5	10%	0.08 hour	2	$29.23	$58

	1-19	96	5	10%	0.08 hour	4	$29.23	$117











Tug & Towing Services	1000 & Up	45	40	10%	0.08 hour	14	$36.77	$515

	500-999	14	30	10%	0.08 hour	3	$36.77	$110

	200-499	5	30	10%	0.08 hour	1	$36.77	$37

	100-199	16	10	10%	0.08 hour	1	$36.77	$37

	20-99	88	5	10%	0.08 hour	4	$36.77	$147

	1-19	471	5	10%	0.08 hour	19	$36.77	$699











Passenger Vessels	20-99	21	5	10%	0.08 hour	1	$36.77	$37

	1-19	105	5	10%	0.08 hour	4	$36.77	$147











	TOTAL	2,759



172

$7,374



Source: Office of Regulatory Analysis, OSHA.          

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 determinations made under Item 12 account for the total annual
cost burden to respondents or record keepers resulting from these
collection of information requirements. 

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 are no costs to the Federal Government.

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

The Agency is requesting an increase of 120 burden hours (from 52 to 172
hours).  This increase is the result of identifying additional
establishments that have been covered by the shipyard industry. 

 

16.  For collections of information whose results will be published,
outline plans for tabulation, and publication.  Address any complex
analytical techniques that will be used.  Provide the time schedule for
the entire project, including beginning and ending dates of the
collection information, completion of report, publication dates, and
other actions.

OSHA will not publish the information collected under subpart I.

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

OSHA lists current valid control numbers in §§1910.8, 1915.8, 1917.4,
1918.4, and 1926.5 and publishes the expiration date in the Federal
Register notice announcing OMB approval of the information collection
requirement.  (see 5 CFR 1320.3(f)(3)).   OSHA believes that this is the
most appropriate and accurate mechanism to inform interested parties of
these expiration dates. 

18.  Explain each exception to the certification statement.

OSHA is not seeking an exception to the certification statement. 

B. COLLECTIONS OF INFORMATON EMPLOYING STATISTICAL METHODS.

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

Table 2:  Requested Burden Hour Adjustments

Information Collection Requirement	

Current 

Burden Hours	

Requested

Burden Hours	

Adjustment	

Cost Under

Item 12	

Responses	

Explanation of Adjustment 



Hazard Assessment and Verification (1915.152(b))	

51              

	

172

	

121

	

$7,374	

2,144

	There is an increase in the burden hours as a result of including all
industries covered under the scope of the Shipyard standard.



Disclosure of Hazard Assessment and 	

1               

	

n/a	

-1

	

n/a	

n/a	This requirement is no longer a collection of information.



TOTALS	52           

	172	120	  =SUM(ABOVE)  $7,374 	2,144

	

The purpose of this Supporting Statement is to analyze and describe the
burden hours and costs associated with provisions of the subpart that
contain paperwork requirements; this Supporting Statement does not
provide information or guidance on how to comply with, or how to
enforce, these provisions.  This Supporting Statement does not include
burden hours and costs associated with the collection of  information
requirements for subpart I, Respiratory Protection (29 CFR 1915.154),
which OSHA addressed in a separate ICR.  See OMB Control No. 1218-0099.

 The mean hourly wage rate for Shipyards ($50.61) corresponds to SOC
code 11-3071, “Transportation, Storage, and Distribution Managers,”
(Source: May2014 National Industry-Specific Occupational Employment and
Wage Estimates, United States, U.S. Department of Labor, Bureau of Labor
Statistics.)  May Data: 2014   HYPERLINK
"http://www.bls.gov/oes/current/naics4_336600.htm" 
http://www.bls.gov/oes/current/naics4_336600.htm  .   Archived Data:  
 HYPERLINK "http://www.bls.gov/oes/oes_arch.htm" 
http://www.bls.gov/oes/oes_arch.htm  

 The mean hourly wage rate for Commercial Fishing ($22.86) corresponds
to SOC code 45-1011, “First-Line Supervisors of Farming, Fishing, and
Forestry Workers,” (Source: May2014 National Industry-Specific
Occupational Employment and Wage Estimates, United States, U.S.
Department of Labor, Bureau of Labor Statistics.)  May Data:  
HYPERLINK "http://www.bls.gov/oes/current/oes451011.htm" 
http://www.bls.gov/oes/current/oes451011.htm   .  Archived Data:   
HYPERLINK "http://www.bls.gov/oes/oes_arch.htm" 
http://www.bls.gov/oes/oes_arch.htm  

 The mean hourly wage rate for Fish Processing ($22.40) corresponds to
SOC code 51-1011, “First-Line Supervisors of Production and Operation
Workers,” (Source: May2014 National Industry-Specific Occupational
Employment and Wage Estimates, United States, U.S. Department of Labor,
Bureau of Labor Statistics.)  May Data: 2014   HYPERLINK
"http://www.bls.gov/oes/current/naics4_311700.htm#51-0000" 
http://www.bls.gov/oes/current/naics4_311700.htm#51-0000  .  Archived
Data:    HYPERLINK "http://www.bls.gov/oes/oes_arch.htm" 
http://www.bls.gov/oes/oes_arch.htm  

	

 The mean hourly wage rate for Tug and Towing Services ($28.18)
corresponds to SOC code 53-0000, “Transportation and Material Moving
Machine and Vehicle Operations,” (Source: May2014 National
Industry-Specific Occupational Employment and Wage Estimates, United
States, U.S. Department of Labor, Bureau of Labor Statistics.)  May
Data: 2014;   HYPERLINK
"http://www.bls.gov/oes/current/naics488300.htm#53-0000" 
http://www.bls.gov/oes/current/naics488300.htm#53-0000 .  Archived
Data:    HYPERLINK "http://www.bls.gov/oes/oes_arch.htm" 
http://www.bls.gov/oes/oes_arch.htm  

 The mean hourly wage rate for Passenger Vessels ($28.18) corresponds to
SOC code 53-0000, “Transportation and Material Moving Machine and
Vehicle Operations,” (Source: May2014 National Industry-Specific
Occupational Employment and Wage Estimates, United States, U.S.
Department of Labor, Bureau of Labor Statistics.)  May Data: 2014;  
HYPERLINK "http://www.bls.gov/oes/current/naics4_311700.htm#51-0000" 
http://www.bls.gov/oes/current/naics488300.htm#53-0000 .  Archived
Data:    HYPERLINK "http://www.bls.gov/oes/oes_arch.htm" 
http://www.bls.gov/oes/oes_arch.htm  

 	The number of authorized employees was estimated based on the number
of authorized employees in the

FEA and the change in total employment from 2007 to 2001 as reported by
County Business Patterns. The number

of systems per authorized employee was then estimated using the number
of systems per authorized employee based

on the FEA.

U S Department of Labor 

Occupational Safety and Health Administration

Preclearance Supporting Statement

 PAGE  11 

