Mine Safety and Health Administration
Protecting Miners' Safety and Health Since 1978
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U.S. Department of Labor Mine Safety and Health Administration Protecting Miners' Safety and Health Since 1978 |
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www.msha.gov |  |
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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 |