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Mine Safety and Health Administration
Protecting Miners' Safety and Health Since 1978
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SUPPORTING STATEMENT

 

30 CFR Sections 62.110, 62.130, 62.170, 62.171, 62.172, 62.173, 62.174, 62.175, 62.180, and 62.190 - Noise exposure assessment; audiometric testing, evaluation, and records and training in all mines.

 

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.

 

Noise is one of the most pervasive health hazards in mining.  Exposure to hazardous sound levels results in the development of occupational noise-induced hearing loss (NIHL), a serious physical, psychological, and social problem.  NIHL can be distinguished from aging and medical factors, diagnosed, and prevented.  According to the National Institute for Occupational Safety and Health (NIOSH), NIHL is among the "top ten" leading occupational illnesses and injuries. 

 

For many years, the risk of acquiring an NIHL was accepted as an inevitable consequence associated with mining occupations.  Miners use mechanized equipment and work under conditions that often expose them to hazardous sound levels.  But MSHA standards, OSHA standards, military standards, and others around the world have been established in recognition of the controllability of this risk.  Quieter equipment, isolation of workers from noise sources, and limiting worker exposure times are among the many well accepted methods now used to reduce the costly incidence of NIHL.

 

Records of miner exposures are necessary so that mine operators and MSHA can evaluate the need for and effectiveness of engineering controls, administrative controls, and personal protective equipment to protect miners from harmful levels of exposure.  However, the Agency believes that extensive records for this purpose are not needed.  These requirements are a performance-oriented approach to monitoring.  Records of miner hearing examinations enable mine operators and MSHA to ensure that the controls are effective in preventing NIHL for individual miners.  Records of training are needed to confirm that miners receive the information they need to become active participants in hearing conservation efforts.

 

Collection of such records is authorized under Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act).  The final rule established uniform requirements and recordkeeping for the mining industry.

 

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.

 

Records of miner exposures are necessary so that mine operators and MSHA can ensure that engineering controls, administrative controls, and personal protective equipment are used to protect miners from harmful levels of exposure.  Notification of exposure information to miners assists them in becoming more active participants in hearing conservation efforts.

 

Hearing tests of miners are offered and if a miner takes the test, mine operators are required to compile and maintain a record of each audiometric test.  Detection of a hearing loss can trigger certain protective action. The record will be used by mine operators and MSHA to verify that the testing was done and the required actions implemented. 

 

Mine operators must provide training to overexposed miners about the hazards of noise exposure, hearing protector selection and use, the hearing test program, and the operator’s noise controls.  Records of training are needed to confirm that miners receive the information they need to become active participants in hearing conservation efforts.  Training records are required under other MSHA regulations and are used for similar purposes.

 

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.

 

Electronic storage of information and assessing it through computers is a common business practice.  Recognizing this trend, the Part 62 rule provided that records are not required to be maintained at the mine site, and therefore can be electronically filed in a central location.  The records have to be made available to the authorized representative of the Secretary upon request within a reasonable time, in most cases one day.  Although the Part 62 rule did not require backing up the data, some means are necessary to ensure that electronically stored information is not compromised or lost.

 

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.

 

MSHA eliminated the semi-annual monitoring requirements in the coal mining sector because the needs of operators and the Agency could be satisfied through a performance-oriented approach.

 

The Agency does accept records made by the operator for compliance with other Federal or State regulations as meeting the requirements of this standard to the extent that the record is duplicative.

 

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 provisions of the Mine Act and MSHA regulations and standards apply to all operations because accidents, injuries, and illnesses can occur at any mine regardless of size.  Congress intended that the law be enforced at all mining operations within its jurisdiction regardless of size and that information collection and recordkeeping requirements be consistent with efficient and effective enforcement of the Mine Act.  (See Rep. No. 181, 95th Cong., 1st Sess. 28 (1977)).  However, Congress did recognize that small operations may face problems in complying with some Mine Act provisions.  Section 103(e) of the Mine Act directs the Secretary of Labor not to impose an unreasonable burden on small businesses when obtaining any information under the Act.  Accordingly, MSHA takes this into consideration when developing regulatory requirements, and when appropriate and consistent with ensuring the health and safety of miners, different requirements for small and large mines exist. 

 

In this case, MSHA concluded that there was no need for separate requirements for small mines - which MSHA has traditionally defined as mines with less than 20 employees.  As discussed in the Agency’s Initial Regulatory Flexibility Analysis, the Agency minimized burdens on small businesses by, among other actions, not proposing requirements that would have imposed larger and perhaps infeasible burdens on small mine operators.  Some of the alternatives considered would have generated significant additional recordkeeping burdens. 

   

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.

 

MSHA believes that the recordkeeping requirements for noise are the minimum necessary to ensure that miners are adequately protected against the harm of excessive noise levels.  Reduction in these requirements would result in the development of unhealthy and unsafe conditions in the mine.  The Agency is already proposing to significantly reduce exposure records in the coal mining sector.  Section 101(a)(6) of the Mine Act provides that in setting standards to protect workers from the risks of harmful physical agents, the Secretary "shall set standards which most adequately assure on the basis of the best available evidence that no miner will suffer material impairment of health or functional capacity even if such miner has regular exposure to the hazards dealt with by such standard for the period of his working life."

 

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;

 

Not applicable.

 

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

 

62.110(d) requires the operator to inform a miner in writing of the exposure determination and the corrective action being taken within 15 calendar days of the exposure determination.

 

62.175(a) requires operators to inform miners of the results of the audiometric test within 10 working days of receiving the results.

 

The Agency believes that these time periods are the maximum allowable to ensure that the miner is informed and precautions are taken to protect the miner as soon as reasonably practical.

 

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

 

Not applicable

 

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

 

Not applicable.

 

* 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;

 

Not applicable.

 

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

 

Not applicable.

 

* 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

 

The Agency limits access to medical records to the miner, miner’s designee, and authorized representatives of the Secretaries of Labor and Health and Human Services.  The Agency, however, neither makes nor requires a pledge of confidentiality.

 

* 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.

 

Not applicable.

 

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.

 

MSHA published the information collection requirements in the August 29, 2002, Federal Register (Vol 67, No. 168) giving interested persons 60 days to submit comments, and notified the public that these information collection requirements are being reviewed by OMB in accordance with the Paperwork Reduction Act. 

 

Under PRA 95, all activities related to the generation of a paperwork item must be considered when calculating the costs and burden of paperwork tasks. MSHA’s estimates are consistent with the requirements of PRA 95.

 

Mine operators must establish a system of monitoring that evaluates each miner’s noise exposure sufficiently to determine continuing compliance with this part. Mine operators may use their own monitoring records as well as the Agency’s data from inspector sampling to determine compliance.  They may also use equipment manufacturers information on noise levels.  Some commenters stated that the performance-based system of monitoring may result in increased monitoring.

 

MSHA knows that a number of mine operators use some form of representative sampling within job classes or work areas to minimize costs related to dose determination.  In addition, large operators who use the same equipment on more than one shift may conduct monitoring on a single shift to determine miner exposures, provided that the circumstances are similar.

 

Affected miners and their representatives have the right to observe operator monitoring.  MSHA estimated that the time required for observation of monitoring would take about 2 hours annually at small mines and about 5 hours annually at large mines. 

 

Mine operators must determine miners’ exposure; this may be achieved in a number of ways including the use of existing monitoring records (particularly for coal mine operators), review of MSHA sampling records, or by the use of representative sampling.  Since mine operators are not specifically required to monitor each employee, MSHA anticipates that its estimates of 2 hours and 5 hours annually are reasonable.  Based upon MSHA’s experience, the Agency believes the estimates are reasonable.

 

Audiograms must be conducted in accordance with scientifically validated procedures, but not certified.

 

For example, the evidence may consist of a single statement from the audiometric test provider or a single billing record that indicates that required procedures were followed for a number of audiograms.

 

Mine operators must provide copies of records to a miner if the miner requests such records.

 

Records are not required to be maintained at the mine site, and therefore can be electronically filed in a central location, so long as the records are made available to the authorized representative of the Secretary  upon request within a reasonable time, in most cases one day.

 

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

 

MSHA made a decision not to provide payments or gifts to the respondents identified by this collection.

 

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

 

Only the miner or a miner’s designee, with the miner’s written consent, have access to medical records.  The operator must instruct the physician, audiologist, or qualified technician evaluating hearing examination records not to reveal to the operator any specific findings or diagnoses unrelated to the miner’s exposure to noise or the wearing of hearing protectors without the written consent of the miner.  The records are maintained by the mine operator (respondent) and are reviewed by MSHA inspectors during routine inspections to assure compliance.

 

11.  Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.  This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

 

There are no questions of a sensitive nature.

 

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.

 

NOTE: Burden hour costs are figured using the following hourly wage:

             

                Coal Supervisor:                $54.92                                   2001 # of mines (total Respondents)

                                                                                                                M/NM Supervisor:           $44.93                                   Coal Surface                        1,247

                                                                                                                Coal Secretary:                   $19.56                                   Coal Underground                664

                M/NM Secretary:                  $18.44                                   MNM Surface                  11,430

                                                                                MNM Underground                      211

                                                                                                                                13,552

 

Section 62.110(a) requires operators to establish a system of monitoring that evaluates each miner’s noise exposure sufficiently to determine if such exposure exceeds the action level, permissible exposure level, dual hearing protection level, or ceiling level.  To perform the dose determination mine operators will need to purchase or rent noise dosimeters.  In addition, mine operators could also use contract services to monitor noise doses.

 

MSHA estimates that 465 small coal mines, 372 large coal mines, 4,185 small M/NM mines, and 760 large M/NM mines will be affected by this provision.  It is estimated to take 2 hours to perform dose determination in a small mine and 5 hours in a large mine.  The testing is done by a supervisor. 

 

COAL

 

Annual burden hours to monitor noise exposure

465 mines (SM) x 2 hours (supv.)                                                                                 =                                       930.00 hours

372 mines (LG) x 5 hours (supv.)                                                                                 =                                        1,860.00 hours

                                                      2,790.00 hours

 

Annual burden hour costs to monitor noise exposure

930 hours (SM) x $54.92 (supv.) wage rate                                                                 =                                $           51,075.60

1,860 hours (LG) x $54.92 (supv.) wage rate                                                                 =                                $         102,151.20

$         153,226.80

 

METAL/NONMETAL

 

Annual burden hours to monitor noise exposure

4185 mines (SM) x 2 hours (supv.)                                                                                 =                                    8,370.00 hours

760 mines (LG) x 5 hours (supv.)                                                                                 =                                     3,800.00 hours

 12,170.00 hours

 

Annual burden costs to monitor noise exposure

8,370 hours (SM) x $44.93 (supv.) wage rate                                                                 =                                 $         376,064.10

3,800 hours (LG) x $44.93 (supv.) wage rate                                                                 =                                 $         170,734.00

                                                                                                                                                                                                                                                                                                                                                                $         546,798.10

Costs of dosimeters are shown in Item 13.

                                                                                                                                                                                               

Section 62.110(c) requires mine operators to provide affected miners and their representatives with an opportunity to observe noise exposure monitoring required by this section and to give prior notice of the date and time of intended exposure monitoring to the affected miners and their representatives.  Mine operators can choose to give oral notification, distribute a written notice to each miner to be monitored, or post a notice. 

 

ORAL NOTIFICATION

 

MSHA estimates that 650 small coal mines, 372 large coal mines, 5,840 small M/NM mines, and 796 large M/NM mines will inform miners and their representatives orally.  It is estimated to take 0.033 hours to notify miners orally. 

 

COAL

 

Annual burden hours to notify miners orally

650 mines (SM) X 0.033 hrs. (supv.)                                                                                 =                                          21.45 hours

372 mines (LG) X 0.033 hrs. (supv.)                                                                                 =                                         12.28 hours

                                        33.73 hours

 

Annual burden costs to notify miners orally

21.45 hours (SM) X $54.92 (supv.) wage rate                                                                 =                                 $             1,178.03

12.28 hours (LG) X $54.92 (supv.) wage rate                                                                 =                                 $                674.42                $             1,852.45

 

METAL/NONMETAL

 

Annual burden hours to notify miners orally

5,840 mines (SM) X 0.033 hrs. (supv.)                                                                                 =                                             192.72 hours

796 mines (LG) X 0.033 hrs. (supv.)                                                                                 =                                               26.27 hours

                                                       218.99 hours

 

Annual burden costs to notify miners orally

192.72 hours (SM) X $44.93 (supv.) wage rate                                                                 =                                $             8,658.91

26.27 hours (LG) X $44.93 (supv.) wage rate                                                                 =                                 $             1,180.31

$             9,839.22

 

POSTING

 

MSHA estimates that 486 small coal mines, 277 large coal mines, 4,283 small M/NM mines, and 619 large M/NM mines will post a written notice.  On the average, 3 notices will be posted per small mine, and 6 notices per large mine.  It is estimated to take 0.1 hours for a supervisor to instruct a clerical worker about the posting, and another 0.08 hours for a clerical person to prepare and post the notice. 

 

COAL

 

Annual burden hours to notify miners by posting

486 mines (SM) X 0.1 hours (supv.)                                                                                 =                                          48.60 hours

486 mines (SM) X 0.08 hours (clerical) X 3 notices                                                        =                                    116.64 hours

277 mines (LG) X 0.1 hours (supv.)                                                                                 =                                             27.70 hours

277 mines (LG) X 0.08 hours (clerical) X 6 notices                                                  =                                    132.96 hours

                                    325.90 hours

 

Annual burden cost to notify miners by posting

48.60 hours (SM) X $54.92 (supv.) wage rate                                                         =                             $             2,669.11

116.64 hours (SM) X $19.58 (clerical) wage rate                                                         =                             $             2,283.81

27.70 hours (LG) X $54.92 (supv.) wage rate                                                         =                             $             1,521.28

132.96 hours (LG) X $19.58 (clerical) wage rate                                                         =                             $                 2,603.36

                      $                 9,077.56

 

METAL/NONMETAL

 

Annual burden hours to notify miners by posting

4,283 mines (SM) X  0.1 hours (supv.)                                                                                 =                                                   428.30 hours

4,283 mines (SM) X 3 notices X 0.08 hours (clerical)                                               =                                1,027.92 hours

619 mines (LG) X  0.1 hours (supv.)                                                                                   =                                         61.90 hours

619 mines (LG) X 6 notices X 0.08 hours (clerical)                                                               =                                    297.12 hours

                                      1,815.24 hours

 

Annual burden costs to notify miners by posting

428.30 hours (SM) X $44.93 (supv.) wage rate                                                         =                             $           19,243.52

1,027.92 ours (SM) X $18.44 (clerical) wage rate                                                         =                             $           18,954.85

61.90 hours (LG) X $44.93 (supv.) wage rate                                                         =                             $             2,781.17

297.12 hours (LG) X $18.44 (clerical) wage rate                                                                 =                                $             5,478.89

$           46,458.42

 

WRITTEN NOTIFICATION

 

In each mine, MSHA estimates that it will take 0.1 hours for a supervisor to give instructions to a clerical worker concerning the written notification.  In addition, it will take an additional 0.08 hours for a clerical worker to prepare and distribute a written notice to each miner. 

 

MSHA estimates that 309 small coal mines will distribute 1,822 notices, 167 large coal mines will distribute 9,780 notices, 2,823 small M/NM mines will distribute 15,808 notices, and 354 large M/NM mines will distribute 25,948 notices.

 

COAL

 

Annual burden hours to notify miners in writing

309 mines (SM) X 0.1 hours (supv.)                                                                                 =                                          30.90 hours

1,822 miners X 0.08 hours (clerical)                                                                                 =                                        145.76 hours

167 mines (LG) X 0.1 hours (supv.)                                                                                 =                                          16.70 hours

9,780  miners X 0.08 hours (clerical)                                                                                  =                                       782.40 hours

                                           975.76 hours

 

Annual burden costs to notify miners in writing

30.90 hours (SM) X $54.92 (supv.) wage rate           &nbs