[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36414-36438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15277]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1904
[Docket No. OSHA-2010-0019]
RIN 1218-AC50
Occupational Injury and Illness Recording and Reporting
Requirements--NAICS Update and Reporting Revisions
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule.
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SUMMARY: OSHA is proposing to update Appendix A to Subpart B of its
Injury and Illness Recording and Reporting regulation. Appendix A
contains a list of industries that are partially exempt from
maintaining records of occupational injuries and illnesses, generally
due to their relatively low rates of occupational injury and illness.
The current list of industries is based on the Standard Industrial
Classification (SIC) system. In 1997, the North American Industry
Classification System (NAICS) was introduced to classify establishments
by industry. The proposed rule would update Appendix A by replacing it
with a list of industries based on NAICS and more recent injury and
illness data.
The proposed rule would also require employers to report to OSHA,
within eight hours, all work-related fatalities and all work-related
in-patient hospitalizations; and within 24 hours, all work-related
amputations. The current regulation requires an employer to report to
OSHA, within eight hours, all work-related fatalities and in-patient
hospitalizations of three or more employees.
DATES: Written comments: Comments must be submitted by September 20,
2011.
ADDRESSES: Written comments: You may submit comments, identified by
docket number OSHA-2010-0019, or regulatory information number (RIN)
1218-AC50, by any of the following methods:
Electronically: You may submit comments electronically at http://www.regulations.gov, which is the Federal e-rulemaking portal. Follow
the
[[Page 36415]]
instructions on the Web site for making electronic submissions;
Fax: If your submission, including attachments, does not exceed 10
pages, you may fax it to the OSHA docket office at (202) 693-1648; or
Mail, hand delivery, express mail, messenger, or courier service:
You must submit three copies of your comments and attachments to the
OSHA Docket Office, Docket Number OSHA-2010-0019, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627).
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and docket office's normal
business hours, 8:15 a.m.-4:45 p.m.
Instructions for submitting comments: All submissions must include
the docket number (Docket No. OSHA-2010-0019) or the RIN (RIN 1218-
AC50) for this rulemaking. Because of security-related procedures,
submission by regular mail may result in significant delay. Please
contact the OSHA docket office for information about security
procedures for making submissions by hand delivery, express delivery,
and messenger or courier service.
All comments, including any personal information you provide, are
placed in the public docket without change and may be made available
online at http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as social security numbers
and birthdates.
Docket: To read or download submissions in response to this Federal
Register notice, go to docket number OSHA-2010-0019, at http://regulations.gov. All submissions are listed in the http://regulations.gov index, however, some information (e.g., copyrighted
material) is not publicly available to read or download through that
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA docket office.
Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document, as well as news releases
and other relevant information, is available at OSHA's Web site at
http://www.osha.gov.
FOR FURTHER INFORMATION CONTACT: For press inquiries: OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone (202)-693-1999.
For general and technical information on the proposed rule: OSHA
Office of Statistical Analysis, Room N-3641, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2400.
SUPPLEMENTARY INFORMATION: OSHA's current regulation at Section 1904.2
partially exempts certain lower-hazard industries classified in
Standard Industrial Classification (SIC) codes 52 through 89 from
injury and illness recordkeeping requirements. Lower hazard industries
are those industries with an average Days Away, Restricted, or
Transferred (DART) rate at or below 75 percent of the national average
DART rate. The DART rate represents the total non-fatal injuries and
illnesses resulting in days away from work, restricted work activity,
and/or job transfer per 100 full-time employees for a given period of
time (usually 1 year). The current list of partially exempt industries,
which is included in Appendix A to Subpart B, is based on injury and
illness data compiled by the Bureau of Labor Statistics (BLS) for 1997,
1998 and 1999.
OSHA is proposing to revise the list of partially exempt industries
in Appendix A using the North American Industry Classification System
(NAICS). The revised list in proposed Appendix A is based on DART rates
compiled by BLS for 2007, 2008 and 2009. Industries listed in proposed
Appendix A would still be required to keep records if requested to do
so by BLS in connection with its Annual Survey (29 CFR 1904.42), or by
OSHA in connection with its Data Initiative (29 CFR 1904.41).
OSHA is also proposing to revise Section 1904.39, which currently
requires an employer to report to OSHA, within eight hours, all work-
related fatalities and in-patient hospitalizations of three or more
employees. The proposed rule would require an employer to report to
OSHA, within eight hours, all work-related fatalities and all work-
related in-patient hospitalizations; and within 24 hours, all work-
related amputations.
This regulation was developed in accordance with the principles of
Executive Order 12866 and Executive Order 13563. Executive Order 12866
requires that OSHA estimate the benefits, costs, and net benefits of
proposed regulations. The Agency estimates the regulation will cost
approximately $8.5 million, on an annualized basis. As discussed
elsewhere in this preamble, the Agency believes the annual benefits,
while unquantified, are significantly in excess of the annual costs.
I. Legal Authority
OSHA is issuing this proposed revision of the Recordkeeping
regulation pursuant to authority expressly granted by sections 8 and 24
of the Occupational Safety and Health Act (the ``OSH Act'' or ``Act)
(29 U.S.C. 657, 673). Section 8(c)(1) requires each employer to ``make,
keep and preserve, and make available to the Secretary [of Labor] or
the Secretary of Health and Human Services, such records regarding his
activities relating to this Act as the Secretary, in cooperation with
the Secretary of Health and Human Services, may prescribe by regulation
as necessary or appropriate for the enforcement of this Act or for
developing information regarding the causes and prevention of
occupational accidents and illnesses.'' Section 8(c)(2) directs the
Secretary to prescribe regulations ``requiring employers to maintain
accurate records of, and to make periodic reports on, work-related
deaths, injuries and illnesses other than minor injuries requiring only
first aid treatment and which do not involve medical treatment, loss of
consciousness, restriction of work or motion, or transfer to another
job'' (29 U.S.C. 657(c)(2). Section 8(g)(2) of the OSH Act broadly
empowers the Secretary to ``prescribe such rules and regulations as
[s]he may deem necessary to carry out [her] responsibilities under the
Act'' (29 U.S.C. 657(g)(2)).
Section 24 of the OSH Act contains a similar grant of authority. It
requires the Secretary to ``develop and maintain an effective program
of collection, compilation, and analysis of occupational safety and
health statistics '' and ``compile accurate statistics on work injuries
and illnesses which shall include all disabling, serious, or
significant injuries and illnesses, whether or not involving loss of
time from work, other than minor injuries requiring only first aid
treatment and which do not involve medical treatment, loss of
consciousness, restriction of work or motion, or transfer to another
job'' (29 U.S.C. 673(a)). Section 24 also requires employers to ``file
such reports [of work injuries and illnesses] with the Secretary'' as
she may prescribe by regulation (29 U.S.C. 673(e)).
In addition, the Secretary's responsibilities under the OSH Act are
defined largely by its enumerated purposes, which include ``[p]roviding
appropriate reporting procedures that will help achieve the objectives
of this Act and accurately describe the nature of the occupational
safety and health problem'' (29 U.S.C. 651(b)(12)).
[[Page 36416]]
The OSH Act authorizes the Secretary to issue two types of
occupational safety and health rules; standards and regulations.
Standards, which are authorized by section 6 of the OSH Act, specify
remedial measures to be taken to prevent and control employee exposure
to identified occupational hazards; while regulations are the means to
effectuate other statutory purposes, including the collection and
discrimination of records of occupational injuries and illnesses.
Courts of appeal have held that OSHA recordkeeping rules are
regulations and not standards (Louisiana Chemical Ass'n v. Bingham, 657
F.2d 777, 782-785 (5th Cir. 1981); Workplace Health & Safety Council v.
Reich, 56 F.3d 1465, 1467-1469 (DC Cir. 1995).
II. Summary and Explanation of the Proposed Rule
A. Section 1904.2--Partial Exemption for Establishments in Certain
Industries
Background
Although the OSH Act gives OSHA the authority to require all
employers covered by the Act to keep records of employee injuries and
illnesses, major classes of employers are partially exempted from Part
1904. First, as provided in Section 1904.1, employers with 10 or fewer
employees are partially exempt from keeping OSHA injury and illness
records. Second, as provided in section 1904.2, establishments in
certain lower-hazard industry classifications are also partially
exempt.
The partial exemption based on lower-hazard industry classification
has been part of the OSHA recordkeeping regulations since 1982. OSHA
exempted establishments in a number of service, finance, and retail
industries from the duty to regularly maintain the OSHA Log and
Incident Report (47 FR 57699). This industry exemption to recordkeeping
requirements was intended to ``reduce paperwork burden on employers
without compromising worker safety and health.'' See, 47 FR 57700.
The 1982 list of partially exempt industries was established by
identifying major industry groups with relatively low rates of
occupational injuries and illnesses in the SIC codes encompassing
retail trade, finance, insurance and real estate, and the service
industries (SICs 52-89). Major industry groups were defined at the 2-
digit classification level from the SIC manual published by the U.S.
Office of Management and Budget (OMB). Industries in these major
industry groups were partially exempted from coverage by Part 1904 if
their average lost workday injury (LWDI) rate for 1978-80 was at or
below 75 percent of the overall private sector annual LWDI rate.
Industries that involved more serious occupational hazards, comprising
the industry divisions of agriculture, construction, manufacturing,
utilities, mining, and wholesale trade, remained subject to the full
recordkeeping requirements. Although the 1982 Federal Register notice
discussed the possibility of revising the exempt industry list on a
routine basis, the list remained unchanged until 2001.
On January 19, 2001, OSHA published a final rule (66 FR 5916) which
comprehensively revised the Part 1904 recordkeeping regulations. As
part of this revision, OSHA updated the list of lower-hazard industries
that are partially exempted from the recordkeeping requirements. The
list of lower-hazard industries established in the 2001 final rule is
the current list set forth in Appendix A to Subpart B.
The 2001 final rule updated the 1982 list of industries by applying
the same approach for identifying affected industries. Industries were
selected for the list based on two criteria. First, only industries
classified in SIC codes 52 through 89 were considered eligible for
inclusion on the list. Second, industries were included if they had an
average DART rate, based on the most recent three years of available
data, at or below 75 percent of the most recent national rate. The 2001
list differed from the 1982 list in two respects: (1) The injury/
illness rate data supporting the final rule's industry exemption were
based on BLS statistics for 1996, 1997, and 1998, and (2) the
industries were defined at the 3-digit rather than 2-digit SIC code
level.
The issue of converting from SIC to NAICS codes was addressed in
the 2001 rulemaking (66 FR 5916). Although the NAICS had been formally
adopted by 2001, several statistical agencies had not converted their
systems to the new codes. In fact, BLS did not publish its first
occupational injury and illness rates using the NAICS codes until 2004,
when it published the rates for calendar year 2003. As a result, OSHA
stated in the preamble to the 2001 final rule that it used the SIC
system to determine the list of partially exempted industries. The
agency also stated its intention to conduct a future rulemaking to
update the list using NAICS codes. (66 FR 5944).
Presently, NAICS is the standard system used by Federal statistical
agencies in classifying business establishments for the purpose of
collecting, analyzing, and publishing statistical data related to the
U.S. economy. NAICS was developed under the auspices of OMB, and
adopted in 1997 to replace the SIC system. It was developed jointly by
the United States, Canada, and Mexico to allow for a high level of
compatibility in business statistics among the North American
countries.
The official 2007 U.S. NAICS Manual includes definitions for each
industry, background information, tables showing changes between 2002
and 2007, and a comprehensive index. The official 2007 NAICS Manual is
available in print and CD Rom from the National Technical Information
Service (NTIS) at (800) 553-6847, or through the NTIS Web site at
http://www.ntis.gov.
Description of Proposed Revisions
OSHA proposes to update Appendix A to Subpart B in two ways. First,
the list of partially exempted industries would be converted from one
based on SIC codes to one based on NAICS codes. Second, the DART rates
used to determine which NAICS code industries qualify for the lower-
hazard partial exemption would be based on more recent BLS data.
Consistent with OSHA's longstanding policy, individual industry
classifications in major industry sectors generally considered to
involve greater occupational hazards, are not included on the proposed
partially exempt list. As with the current regulation, industries
ineligible for the partial exemption under the proposed rule include
those in the agriculture, utilities, construction, manufacturing, and
wholesale trade sectors.
For industries in the remaining sectors, the most recent three
years (2007, 2008 and 2009) of available BLS data were used to
calculate the average rate of serious injuries and illnesses for each
industry, as represented by the DART rate. Industries with an average
DART rate equal to or less than 75 percent of the average national DART
rate from 2007 through 2009 are included on the list of partially
exempt lower-hazard industries in proposed Appendix A, with one
exception.
Under the existing regulation, establishments in Personnel Supply
Services (SIC 736) are currently required to maintain injury and
illness logs; this industry is not included in the existing Appendix A.
For many employees working for establishments in this industry, their
actual place of work may be in an establishment that is part of another
industry. OSHA is proposing that establishments in the corresponding
NAICS industry, NAICS 5613 Employment Services, continue to
[[Page 36417]]
be required to maintain logs for the employees under their supervision
as they are currently required to do. Thus, NAICS 5613 Employment
Services is not included in the proposed Appendix A.
According to the data published by BLS, the average national
private sector DART rate for 2007-2009 was 2.0. Thus, specific
industries, as defined by 4-digit NAICS codes, which had an average
DART rate for 2007-2009 of 1.5 or less, and which are in the eligible
broad industry sectors, were included in the list in proposed Appendix
A (except NAICS 5613 Employment Services).
The industries included in proposed Appendix A were identified as
follows.
----------------------------------------------------------------------------------------------------------------
NAICS Code Industry
----------------------------------------------------------------------------------------------------------------
4412................................ Other Motor Vehicle Dealers.
4431................................ Electronics and Appliance Stores.
4461................................ Health and Personal Care Stores.
4471................................ Gasoline Stations.
4481................................ Clothing Stores.
4482................................ Shoe Stores.
4483................................ Jewelry, Luggage, and Leather Goods Stores.
4511................................ Sporting Goods, Hobby, and Musical Instrument Stores.
4512................................ Book, Periodical, and Music Stores.
4531................................ Florists.
4532................................ Office Supplies, Stationery, and Gift Stores.
4812................................ Nonscheduled Air Transportation.
4861................................ Pipeline Transportation of Crude Oil.
4862................................ Pipeline Transportation of Natural Gas.
4869................................ Other Pipeline Transportation.
4879................................ Scenic and Sightseeing Transportation, Other.
4885................................ Freight Transportation Arrangement.
5111................................ Newspaper, Periodical, Book, and Directory Publishers.
5112................................ Software Publishers.
5121................................ Motion Picture and Video Industries.
5122................................ Sound Recording Industries.
5151................................ Radio and Television Broadcasting.
5172................................ Wireless Telecommunications Carriers (except Satellite).
5173................................ Telecommunications Resellers.
5179................................ Other Telecommunications.
5181................................ Internet Service Providers and Web Search Portals.
5182................................ Data Processing, Hosting, and Related Services.
5191................................ Other Information Services.
5211................................ Monetary Authorities--Central Bank.
5221................................ Depository Credit Intermediation.
5222................................ Nondepository Credit Intermediation.
5223................................ Activities Related to Credit Intermediation.
5231................................ Securities and Commodity Contracts Intermediation and Brokerage.
5232................................ Securities and Commodity Exchanges.
5239................................ Other Financial Investment Activities.
5241................................ Insurance Carriers.
5242................................ Agencies, Brokerages, and Other Insurance Related Activities.
5251................................ Insurance and Employee Benefit Funds.
5259................................ Other Investment Pools and Funds.
5312................................ Offices of Real Estate Agents and Brokers.
5331................................ Lessors of Nonfinancial Intangible Assets (except Copyrighted Works).
5411................................ Legal Services.
5412................................ Accounting, Tax Preparation, Bookkeeping, and Payroll Services.
5413................................ Architectural, Engineering, and Related Services.
5414................................ Specialized Design Services.
5415................................ Computer Systems Design and Related Services.
5416................................ Management, Scientific, and Technical Consulting Services.
5417................................ Scientific Research and Development Services.
5418................................ Advertising and Related Services.
5511................................ Management of Companies and Enterprises.
5611................................ Office Administrative Services.
5614................................ Business Support Services.
5615................................ Travel Arrangement and Reservation Services.
5616................................ Investigation and Security Services.
6111................................ Elementary and Secondary Schools.
6112................................ Junior Colleges.
6113................................ Colleges, Universities, and Professional Schools.
6114................................ Business Schools and Computer and Management Training.
6115................................ Technical and Trade Schools.
6116................................ Other Schools and Instruction.
[[Page 36418]]
6117................................ Educational Support Services.
6211................................ Offices of Physicians.
6212................................ Offices of Dentists.
6213................................ Offices of Other Health Practitioners.
6214................................ Outpatient Care Centers.
6215................................ Medical and Diagnostic Laboratories.
6244................................ Child Day Care Services.
7114................................ Agents and Managers for Artists, Athletes, Entertainers, and Other Public
Figures.
7115................................ Independent Artists, Writers, and Performers.
7213................................ Rooming and Boarding Houses.
7221................................ Full-Service Restaurants.
7222................................ Limited-Service Eating Places.
7224................................ Drinking Places (Alcoholic Beverages).
8112................................ Electronic and Precision Equipment Repair and Maintenance.
8114................................ Personal and Household Goods Repair and Maintenance.
8121................................ Personal Care Services.
8122................................ Death Care Services.
8131................................ Religious Organizations.
8132................................ Grantmaking and Giving Services.
8133................................ Social Advocacy Organizations.
8134................................ Civic and Social Organizations.
8139................................ Business, Professional, Labor, Political, and Similar Organizations.
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For a more thorough discussion regarding the specific industries
which would be newly exempted or newly covered by the proposed rule,
please refer to Section III of this preamble.
This rulemaking also fulfills a commitment made by OSHA to the
Government Accountability Office (GAO). In October 2009, GAO published
a report entitled: ``Enhancing OSHA's Records Audit Process Could
Improve the Accuracy of Worker Injury and Illness Data'' (GAO-10-10).
One of the recommendations made by GAO was to update the list of
industries used by OSHA to select worksites for records audits. In its
response to GAO, OSHA agreed to conduct a rulemaking that would update
the coverage of the relevant recordkeeping requirements from the old
SIC-based system to one based on the NAICS codes.
In conjunction with any final rule resulting from this rulemaking
that may result in some establishments being newly required to comply
with OSHA recordkeeping requirements, OSHA will conduct outreach and
training, and offer other types of compliance assistance, to facilitate
compliance and help ensure more complete and accurate recording and
reporting. OSHA welcomes suggestions from the public regarding the
types of outreach, training, and assistance that would be particularly
helpful.
Issues and Potential Alternatives
OSHA welcomes comments and data from the public regarding any
aspect of the proposed lower-hazard industry partial exemption. More
specifically, the following questions and issues are relevant to this
rulemaking:
1. Should any additional industries be exempt from any of the
recordkeeping requirements in Part 1904?
2. Should OSHA base partial exemptions on more detailed or more
aggregated industry classifications, such as two-digit, three-digit, or
six-digit NAICS codes?
3. Which industry sectors, if any, should be ineligible for partial
exemption?
4. Instead of using an average DART rate of 75 percent of the most
recent national DART rate, is there a better way to determine which
industries should be included in Appendix A?
5. Should OSHA consider numbers of workers injured or made ill in
each industry in addition to industry injury/illness rates in
determining eligibility for partial exemption?
6. Are there any other data that should be applied as additional or
alternative criteria for purposes of determining eligibility for
partial exemption?
7. Should OSHA regularly update the list of lower-hazard exempted
industries? If so, how frequently should the list be updated?
8. Are there any specific types of training, education, and
compliance assistance OSHA could provide that would be particularly
helpful in facilitating compliance with the recordkeeping requirements?
B. Section 1904.39--Reporting Fatality, In-Patient Hospitalization, and
Amputation Incidents to OSHA
Background
Virtually since its inception, OSHA has required employers to
report certain incidents involving employee fatality or
hospitalization. The regulatory requirements adopted in 1971 in 29 CFR
1904.8 required employers to report, within 48 hours after the
occurrence, work-related incidents resulting in at least one fatality
or the hospitalization of at least five employees.
In 1994, the Agency revised its reporting requirements to require
employers to report to OSHA, within eight hours, work-related events or
exposures involving fatalities or the in-patient hospitalization of
three or more employees (59 FR 15594). OSHA stated in the preamble to
the final rule that more prompt reporting enables OSHA to inspect the
site of the incident and interview personnel while their recollections
are immediate, fresh and untainted by other events, thus providing more
timely and accurate information about possible causes of the incident.
See, 59 FR 15595. The requirements from the 1994 rulemaking have
remained substantially unchanged since then, and are currently codified
at 29 CFR 1904.39.
Description of Proposed Revisions
The proposed rule would require employers to report to OSHA, within
eight hours, work-related incidents that result in the death of an
employee or in
[[Page 36419]]
the in-patient hospitalization of one or more employees, and within 24
hours, a work-related amputation suffered by an employee. The proposed
revision is intended to provide information necessary to help ensure
America's workers have safe and healthful workplaces.
Prompt investigation of incidents causing serious injury is a key
element in OSHA's ability to enforce existing standards, evaluate the
effectiveness of current standards, and identify a need for new
standards. OSHA believes that the eight-hour requirement for work-
related fatalities, the eight-hour requirement for work-related in-
patient hospitalizations, and the 24-hour requirement for amputations
will enable the additional potential benefits of reporting to be
realized without creating unreasonable burdens on employers.
Making all in-patient hospitalizations and amputations reportable
will provide OSHA with additional information on the causes of
workplace incidents and lead to greater prevention of injuries. The
additional information would be obtained cost-effectively, involve
relatively minimal burdens on employers, and would provide OSHA with
critical information to facilitate the timely investigation of harmful
incidents and quick mitigation of hazards. The information will also
help OSHA target scarce resources to the most dangerous workplaces and
to prevent future injuries at these workplaces.
OSHA believes that the value of this additional information easily
justifies the relatively minor additional reporting burden estimated to
be an average of 15 minutes per reported incident. See Section III of
this preamble for a more detailed discussion of the estimated
compliance costs.
The hospitalization of a worker due to a work-related incident is a
serious and significant event. Requiring the reporting of every in-
patient hospitalization would ensure that OSHA will be informed about
many more of these serious occurrences. Greater awareness regarding the
extent and nature of such cases helps in the development and
prioritization of various OSHA enforcement programs and initiatives. It
also serves the public interest by enabling OSHA to more effectively
and efficiently target occupational safety and health hazards.
Another benefit associated with the expansion of the reporting
requirements would be the increased value and utility of the resulting
data. Incidents involving an in-patient hospitalization or an
amputation often involve serious hazards. The proposed reporting
requirements would help establish a comprehensive database that would
more accurately reflect hazards that cause hospitalizations and
amputations as well as identify the associated industries, processes,
and other relevant factors. Such a database could prove especially
useful for study and research into the causes and prevention of
occupational hazards.
For purposes of OSHA recordkeeping, in-patient hospitalization
occurs when a person is ``formally admitted'' to a hospital or clinic
for at least one overnight stay. Out-patient treatment generally refers
to patients that are seen by a physician or other licensed health care
professional and leave the hospital the same day. Of course, in order
for in-patient hospitalization to be reportable, the injury or illness
must be work-related as defined by Section 1904.5.
The proposed reporting requirements would apply only to work-
related deaths, in-patient hospitalizations, and amputations occurring
within 30 days of a work-related incident. As provided in proposed
paragraph (b)(7) of section 1904.39, employers would generally not be
required to report fatalities, hospitalizations, or amputations of
which they were not aware.
The proposed addition of amputations to the reporting requirements
would ensure that these incidents involving serious injury are promptly
reported. Amputations include some of the most serious types of
injuries and tend to result in a greater number of lost workdays than
most other injuries. According to data available from BLS for 2008, the
median number of days away from work for all injuries involving days
away from work was 8, while the median number of days away from work
for amputations was 26. Furthermore, amputations differ from other
types of serious injuries because they tend to have long-term or
permanent consequences. Although information reported regarding
amputations will not necessarily result in an inspection, OSHA can use
this information to better target inspections to workplaces with
serious hazards in order to prevent any further workplace injuries.
Thus, the benefits associated with the reporting of amputations would
be comparable to those associated with the reporting of
hospitalizations.
For purposes of classifying occupational injuries and illnesses,
amputations are defined by the Bureau of Labor Statistics in their
Occupational Injury and Illness Classification Manual. An amputation is
the traumatic loss of a limb or other external body part, including a
fingertip. In order for an injury to be classified as an amputation,
bone must be lost. Amputations include loss of a body part due to a
traumatic incident, a gunshot wound, and medical amputations due to
irreparable traumatic injuries. Amputations exclude traumatic injuries
without bone loss and exclude enucleation (eye removal). A reportable
amputation under the proposed rule would include those that occur at
the workplace as well as those that occur in a hospital as a result of
a work-related event.
The proposed reporting requirements would generally bring OSHA
requirements more in line with those of other types of safety and
health investigations. Federal regulations require aircraft pilots or
operators to notify the National Transportation Safety Board (NTSB) of
aviation accidents, certain incidents, and the occurrence of a variety
of other conditions or events. The Federal Railroad Administration
(FRA) requires railroads to report whenever they learn of the
occurrence of anything on a list of types of accidents, incidents,
events, or exposures.
In some states that administer their own occupational safety and
health regulations, elements similar to this proposed regulation are
already being enforced. For example, California requires employers to
report any employee death or serious injury or illness. The phrase
``serious injury or illness'' includes the in-patient hospitalization
of an employee, as well as when an employee suffers the loss of any
part of the body. Alaska and Washington require notification when at
least one employee is fatally injured or requires in-patient
hospitalization. Utah requires notification of any disabling, serious,
or significant injury, and of any occupational disease incident. In
Kentucky, employers are required to report work-related incidents that
result in the hospitalization of at least one employee, or in an
amputation. In Oregon, incidents resulting in at least one employee
needing overnight hospitalization for medical treatment are required to
be reported.
Issues and Potential Alternatives
OSHA requests comments on the potential benefits and burdens
associated with the proposed revisions to the reporting requirements in
Section 1904.39. As noted above, under current state regulations, many
businesses are already required to make reports of work-related
incidents resulting in death or serious injury, and many more are
already required to report all work-related in-patient hospitalizations
and amputations within eight hours.
[[Page 36420]]
OSHA welcomes comments and data from the public regarding any
aspect of the proposed reporting requirements. More specifically, the
following questions and issues are relevant to this rulemaking:
1. What types of incidents and/or injuries and illnesses should be
reported to OSHA and why?
2. Are there any injuries, illnesses, or conditions that should be
reported to OSHA and are not included among in-patient
hospitalizations?
3. Should amputations that do not result in in-patient
hospitalizations be reported to OSHA?
4. Should OSHA require the reporting of all amputations?
5. Should OSHA require the reporting of enucleations?
6. Are there additional data or estimates available regarding the
number of work-related incidents involving in-patient hospitalizations?
Is there information available on how many work-related
hospitalizations occur more than 30 days after the report of an injury
or illness?
7. Should OSHA allow reports to be made by means other than a
telephone, such as by e-mail, fax, or a Web-based system?
8. Are the reporting times of eight hours for fatalities, eight
hours for in-patient hospitalizations, and 24 hours for amputations
generally appropriate time periods for requiring reporting? What
advantages or disadvantages would be associated with these or any
alternative time periods?
III. Preliminary Economic Analysis and Regulatory Flexibility
Certification
This proposed rule is not a ``significant regulatory action''
within the context of Executive Order 12866 or the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1532(a)), or a ``major rule'' under the
Congressional Review Act (5 U.S.C. 801 et seq.). This rulemaking has
net costs of $8.5 million and costs between $50 and $100 per affected
establishment. Thus, this rulemaking imposes far less than $100 million
in annual costs on the economy, and does not meet any of the other
criteria specified for a significant regulatory action or major rule in
Executive Order 12866, the UMRA or the Congressional Review Act.
This Preliminary Economic Analysis (PEA) addresses the costs,
benefits, and economic impacts of the proposed rule. The proposed rule
and the PEA were developed in accordance with the principles of
Executive Order 12866 and Executive Order 13563. The proposed rule
would make two changes to the existing recording and reporting
requirements in Part 1904. It would change which industries are
partially exempted from keeping records and would change the
requirements for reporting certain work-related injuries. The affected
establishments are only partially exempt because BLS may require any
establishment to respond to its survey. The costs to those firms
required to respond to the BLS survey are covered in the BLS survey
paperwork package.
The existing regulation partially exempts all employers with 10 or
fewer employees and all establishments in specific lower-hazard
industry sectors from routinely keeping OSHA records. The existing
industry partial exemptions were determined by identifying industries
with relatively low DART rates at the 3-digit SIC code level. This
proposed rule would retain the partial exemption for employers with 10
or fewer employees. It also would update the list of partially exempted
industries to reflect the latest data on DART rates and to convert the
industry classifications to the NAICS classification system. These
changes would lead to new costs for employers who are currently
partially exempt from recordkeeping requirements but would be newly
required to keep records; there would also be cost savings for
employers who would no longer be required to keep records.
The existing rule requires that all work-related fatalities and
work-related incidents involving three or more hospitalizations be
reported to OSHA within eight hours. The proposed rule would retain the
requirement that all fatalities be reported to OSHA within eight hours
and would require that all work-related in-patient hospitalizations be
reported to OSHA within eight hours and that all work-related
amputations be reported to OSHA within 24 hours. The proposed rule
would thus increase the number of incidents that are to be reported to
OSHA.
The remaining sections of this PEA provide estimates of the
establishments that would be newly required to keep records or would be
newly partially exempt from keeping records, and estimates of the
numbers of reports of in-patient hospitalizations or amputations that
would be required (the industrial profile section); the costs and costs
savings associated with the proposed requirements; the benefits of the
proposed rule; and the economic and small business impacts of the
proposed changes.
Industrial Profile
The purpose of this industrial profile section is to provide
information about which industries would be affected by the proposed
rule, the number of affected establishments in each affected industry,
employment in establishments affected by the proposed rule, and
estimates of the numbers of in-patient hospitalizations and amputations
that would be required to be reported by the proposed rule. (There is
no need to estimate the number of fatalities to be reported as current
regulations already require the reporting of fatalities.)
Partial Exemption
In regards to the partial exemption for certain lower hazard
industries, OSHA identified which establishments would be newly
required to keep records, and which establishments would be newly
partially exempt from keeping records. This identification was
complicated by the fact that the current rule classifies employers by
SIC codes, a classification system dating to the 1930s which is no
longer used in government statistics. OSHA had to convert employers
classified by SIC code to the newer NAICS codes. In many cases, a
single SIC code was divided into several NAICS codes, and conversely, a
single NAICS code might contain establishments from multiple SIC codes.
This analysis was conducted at the six-digit NAICS level. The data
resulting from this analysis at the six-digit NAICS level are presented
in the Appendix to this Preliminary Economic Analysis.
To identify those employers that would no longer be partially
exempt from OSHA recordkeeping requirements under the proposed rule,
OSHA examined the 1997 Economic Census: Bridge between SIC and NAICS
Tables (http://www.census.gov/epcd/naics02/S87TON02.HTM). These tables
show, for 1997, the best available data on what percentage of the
establishments in each SIC code transferred into each NAICS code.
Affected establishments in an SIC code exempted under the existing rule
but classified in a non-exempted NAICS code under the proposed rule
would be newly subject to the recordkeeping requirements. These
establishments, not exempted under the proposed rule, would incur new
recordkeeping costs.
Having used the bridge table to identify the portions of the
industries by 6-digit NAICS code that would be newly required to keep
records, OSHA used 2006 County Business Patterns to determine the
corresponding numbers of establishments and employees (http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls). This
data source provides not only the total number of establishments and
employees in an industry, but also a breakdown of employees and
[[Page 36421]]
establishments by the size of the firm that owns the establishment.
These data permit a straightforward calculation of the number of
establishments with 10 or more employees. However, both the current and
proposed rules cover employers with 11 or more employees. To deduct
those employers with exactly 10 employees, OSHA estimated that
employers with exactly ten employees represent one tenth of all
employers with between 10 and 19 employees. This approach will
overestimate the number of covered firms because there tend to be a
more than proportional number of firms at smaller size classes.
OSHA then estimated the number of affected establishments and
employees in each industry by multiplying the total number of
establishments and employees in the industry by the percentage of
affected establishments that were identified using the SIC--NAICS
bridge tables as described above.
OSHA then estimated the number of newly recordable injuries and
illnesses by dividing the number of injuries and illness recorded per
industry by BLS in 2006 (BLS http://www.bls.gov/iif/oshbulletin2006.htm) by the total employment in the industry, and
multiplied the resulting rate by the number of affected employees in
the industry as derived using the 1997 SIC-NAICS bridge tables. OSHA
used BLS data at the four-digit NAICS level since more detailed injury
and illness data were not available for all NAICS codes.
Table III-1 presents data for the industries with establishments
that would be newly required to keep records. The table shows the four-
digit NAICS code, industry name, the number of affected establishments,
the number of affected employees, and an estimate of the number of
recordable injuries and illnesses, based on historical data, for newly
affected employers. OSHA estimates that as a result of the proposed
rule's revision to partial exemptions, 199,000 establishments with 5.3
million employees not previously required to record injuries would need
to do so and that those establishments are would record an estimated
173,000 injuries and illnesses per year.
Having used the bridge table to identify the portions of the NAICS
code industries that would be newly required to keep records, OSHA used
the same methodology and data sources described above to determine the
number of establishments, employees, and injuries and illnesses for
establishments who would no longer be required to regularly keep
records. Table III-2 shows the four-digit NAICS code, industry name,
number of affected establishments, number of affected employees, and
the estimated number of injuries and illnesses that would no longer be
recorded in each affected industry. OSHA estimates that as a result of
the revision to the list of partially exempt industries, 119,000
establishments with 4.0 million employees and an estimated 76,000
injuries and illnesses per year would no longer need to keep records
regularly.
Table III-1-- Industries That Include Establishments That Would Be Newly Required to Keep Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
NAICS Code Title of NAICS Code Affected Affected Affected firms injuries and
employment establishments illnesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
3118....................................... Bakeries and Tortilla Manufacturing 42,294 1,932 1,766 571
4411....................................... Automobile Dealers................. 1,204,566 23,351 19,156 48,989
4413....................................... Automotive Parts, Accessories, and 5,207 426 84 204
Tire Stores.
4441....................................... Building Material and Supplies 260,363 21,310 4,215 18,577
Dealers.
4452....................................... Specialty Food Stores.............. 88,133 7,339 3,044 2,759
4453....................................... Beer, Wine, and Liquor Stores...... 69,011 6,109 2,878 2,356
4539....................................... Other Miscellaneous Store Retailers 160,152 11,505 4,301 4,611
4543....................................... Direct Selling Establishments...... 1,569 69 43 67
5313....................................... Activities Related to Real Estate.. 490,941 19,341 9,881 13,864
5322....................................... Consumer Goods Rental.............. 130,839 14,186 1,158 1,114
5324....................................... Commercial and Industrial Machinery 13,963 807 295 676
and Equipment Rental and Leasing.
5419....................................... Other Professional, Scientific, and 249,160 10,889 3,770 1,853
Technical Services.
5612....................................... Facilities Support Services........ 162,384 3,293 865 8,955
5617....................................... Services to Buildings and Dwellings 2,140 104 50 134
5619....................................... Other Support Services............. 308,984 6,238 4,152 8,150
6219....................................... Other Ambulatory Health Care 105,656 2,688 859 5,734
Services.
6241....................................... Individual and Family Services..... 995,856 30,230 15,915 20,988
6242....................................... Community Food and Housing, and 138,272 7,369 4,258 3,536
Emergency and Other Relief
Services.
7111....................................... Performing Arts Companies.......... 116,043 1,994 1,864 4,483
7113....................................... Promoters of Performing Arts, 93,738 1,183 973 2,421
Sports, and Similar Events.
7121....................................... Museums, Historical Sites, and 77,933 1,610 1,352 2,860
Similar Institutions.
7139....................................... Other Amusement and Recreation 73,447 2,912 2,244 1,254
Industries.
7223....................................... Special Food Services.............. 510,294 22,379 3,802 18,164
8129....................................... Other Personal Services............ 42,254 1,498 1,117 914
-----------------------------------------------------------------------
Total.................................... ................................... 5,343,199 198,763 88,040 173,233
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
Source: 2006 County Business Patterns: http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.
Source: 2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating
State agencies. http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.
[[Page 36422]]
Table III-2: Industries That Include Establishments That Would Be Newly Partially Exempt From Keeping Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
NAICS Code Title of NAICS Code Affected Affected Affected firms injuries and
employment establishments illnesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
4412....................................... Other Motor Vehicle Dealers........ 80,441 3,794 2,594 3,757
4431....................................... Electronics and Appliance Stores... 66,902 3,699 1,702 1,538
4461....................................... Health and Personal Care Stores.... 15,620 1,440 425 244
4471....................................... Gasoline Stations.................. 128,972 12,220 2,575 3,634
4511....................................... Sporting Goods, Hobby, and Musical 1,271 65 16 37
Instrument Stores.
4532....................................... Office Supplies, Stationery, and 98,855 4,626 873 2,160
Gift Stores.
4812....................................... Nonscheduled Air Transportation.... 37,807 763 580 855
4861....................................... Pipeline Transportation of Crude 7,472 352 35 175
Oil.
4862....................................... Pipeline Transportation of Natural 22,080 1,303 68 510
Gas.
4869....................................... Other Pipeline Transportation...... 9,348 881 51 219
4879....................................... Scenic and Sightseeing 2,155 45 39 80
Transportation, Other.
4885....................................... Freight Transportation Arrangement. 166,549 7,126 2,709 3,045
5111....................................... Newspaper, Periodical, Book, and 654,211 10,912 4,896 16,037
Directory Publishers.
5122....................................... Sound Recording Industries......... 14,059 426 197 206
5151....................................... Radio and Television Broadcasting.. 251,523 7,186 2,084 4,931
5172....................................... Wireless Telecommunications 236,243 10,087 530 2,274
Carriers (except Satellite).
5173....................................... Telecommunications Resellers....... 27,652 800 533 499
5179....................................... Other Telecommunications........... 9,365 204 104 191
5181....................................... Internet Service Providers and Web 20,957 210 157 174
Search Portals.
5191....................................... Other Information Services......... 10,406 211 96 164
5221....................................... Depository Credit Intermediation... 81,130 5,063 356 640
5239....................................... Other Financial Investment 8,158 115 77 19
Activities.
5241....................................... Insurance Carriers................. 8,946 251 55 63
5259....................................... Other Investment Pools and Funds... 20,268 924 226 129
5413....................................... Architectural, Engineering, and 31,953 1,144 1,008 508
Related Services.
5416....................................... Management, Scientific, and 80,566 1,651 927 440
Technical Consulting Services.
5418....................................... Advertising and Related Services... 48,061 1,096 764 691
5511....................................... Management of Companies and 1,015,532 14,229 6,983 20,526
Enterprises.
5614....................................... Business Support Services.......... 166,454 2,937 2,172 1,868
5615....................................... Travel Arrangement and Reservation 167,398 7,106 2,054 1,385
Services.
5616....................................... Investigation and Security Services 6,361 386 332 148
6116....................................... Other Schools and Instruction...... 49,500 2,142 1,961 372
7213....................................... Rooming and Boarding Houses........ 6,313 350 280 60
8112....................................... Electronic and Precision Equipment 61,789 2,047 1,182 1,179
Repair and Maintenance.
8114....................................... Personal and Household Goods Repair 42,582 2,131 1,146 1,163
and Maintenance.
8122....................................... Death Care Services................ 24,515 1,730 551 606
8134....................................... Civic and Social Organizations..... 131,301 4,233 3,141 2,473
8139....................................... Business, Professional, Labor, 148,056 5,490 4,648 2,788
Political, and Similar
Organizations.
-----------------------------------------------------------------------
Total.................................... ................................... 3,960,772 119,374 48,123 75,787
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
Source: 2006 County Business Patterns: http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.
Source: 2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating
State agencies. http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.
Reporting of Fatalities, In-Patient Hospitalizations and Amputations
The proposed rule would require employers to report all work-
related in-patient hospitalizations and amputations to OSHA. This
requirement would affect all industries, all employers, and all 7.5
million establishments in OSHA's jurisdiction. Because OSHA already
requires the reporting of work-related fatalities, this economic
analysis focuses on the proposed new requirement for reporting all
work-related in-patient hospitalization and amputations. The current
regulation also requires the reporting of hospitalizations of three or
more workers. The number of such multiple hospitalizations represents a
trivial portion of all in-patient hospitalizations (For example, in
Fiscal Year 2010, there were a total of 14 such reports. http://
www.osha.gov/dep/fatcat/fatcat--regional--rpt--
[[Page 36423]]
09252010.html ). OSHA therefore proceeded to estimate the total number
of work-related in-patient hospitalizations without deducting the
number of multiple hospitalizations that already must be reported.
It is difficult to estimate the number of in-patient
hospitalizations that would need to be reported under the proposed
rule. NIOSH has estimated that in 2004, a total of 68,000 work-related
Emergency Department visits resulted in hospitalization (MMWR Weekly,
April 27 2007 (56(16):393-397--``Nonfatal Occupational Injuries and
Illnesses--United States, 2004'' http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5616a3.htm (Note: no author given). By contrast, Dembe et al
(Dembe AE, Mastroberti MA, Fox SE, Bigelow C, Banks SM. Inpatient
hospital care for work-related injuries and illnesses. Am J Ind Med.
2003 Oct; 44(4):331-42.) estimate that from 1997 to 1999 there were
210,000 in-patient hospital admissions per year paid for by workers'
compensation insurance. More recent studies in Massachusetts (1996-
2001) and Louisiana (1998-2007) come up with figures ranging from
150,000 to 275,000 per year when extrapolated to the nation as a whole.
One possible reconciliation for these different estimates of work-
related hospitalizations is that many workers' compensation-related
hospitalizations are not emergencies but are scheduled or planned
hospitalizations. This possibility is supported by the fact that
musculoskeletal disorders represent only 10 percent of work-related
emergency room hospitalizations in the NIOSH emergency department data,
but 34 to 45 percent of hospitalizations that are paid for by workers'
compensation insurance according to the workers' compensation related
studies. If many of these hospitalizations are scheduled
hospitalizations, they may not need to be reported as Section 1904.39
does not require reporting of fatalities, hospitalizations or
amputations that occur more than 30 days after an incident has
occurred. However, the rule would require the reporting of in-patient
hospitalizations occurring within 30 days of the original event.
Nevertheless, OSHA will use 210,000 hospitalizations per year as a
preliminary estimate for purposes of examining the costs of this rule.
OSHA solicits comment on the best ways to determine how many in-patient
hospitalizations will fall within the scope of the proposed rule.
According to BLS, in 2008 there were 6,230 amputations that
involved days away from work (http://www.bls.gov/iif/oshwc/osh/case/osnr0033.pdf). The more serious amputation cases will clearly require
in-patient hospitalization. Because amputations frequently require
hospitalization and because OSHA believes that the estimated 210,000
in-patient hospitalization reports are an overestimate of the reports
that would be required by the proposed rule, OSHA believes its estimate
of 210,000 reports is adequate to account for reports of both in-
patient hospitalizations and amputations. OSHA solicits comment on this
estimate and on potential ways to improve its accuracy.
Costs
This section presents estimates of the costs and cost savings of
the proposed rule. The time requirements for the activities associated
with the proposed rule have been developed through previous rulemakings
and information collection requests that have been subject to extensive
notice and comment. For the purposes of the analysis of the costs of
this proposed rule, OSHA relied on past estimates of the time
requirements for record keeping activities. (The specific past estimate
relied on is cited for each time requirement estimate.)
The time requirements for various activities are estimated as
follows:
Initial training of recordkeepers: one hour per establishment,
applies only to currently exempt establishments that would be newly
required to keep records (based on the Final Economic Analysis for the
Occupational Injury and Illness Recording and Reporting Requirements,
published January 19, 2001, FR 66:5916-6135).
Training of recordkeepers to account for turnover: one hour per
establishment and a turnover rate of 20 percent a year resulting in an
average of 0.2 hours per establishment per year. This applies to costs
for currently exempt establishments that would be newly required to
keep records and to cost savings for establishments that would no
longer be required to keep records (based on the Final Economic
Analysis for the Occupational Injury and Illness Recording and
Reporting Requirements, published January 19, 2001, FR 66:5916-6135).
Completing, posting, and certifying OSHA Form 300A: 0.97 hours per
establishment. This applies to costs for currently exempt
establishments that would be newly required to keep records and to cost
savings for establishments that would no longer be required to keep
records (2008 ICR, SS 1218-0176 (1-17-08)).
Completing entries on all forms for each recordable injury and
illness, accounting for privacy concerns, and providing access to
records: 0.38 hours per recordable injury or illness. This applies to
costs for currently exempt establishments that would be newly required
to keep records and to cost savings for establishments that would no
longer be required to keep records (2008 ICR, SS 1218-0176 (1-17-08).
Reporting in-patient hospitalizations or amputations: 0.25 hours
per fatality or hospitalization. (2008 ICR, SS 1218-0176 (1-17-08)).
As in OSHA's PEA for the MSD column proposed rule (Federal
Register: March 9, 2010 Volume 75, Number 45, pages 10738-10739), OSHA
estimated that recordkeeping tasks will most commonly be performed by a
Human Resource, Training, and Labor Relations Specialist, not elsewhere
classified (Human Resources Specialist). The BLS Occupational
Employment Survey (OES) indicated that in May 2008, Human Resources
Specialists earned a mean hourly wage of $28 (BLS OES, 2009), with an
annual salary of approximately $56,000 per year. In June 2009, the BLS
National Compensation Survey indicated a mean fringe benefit factor of
1.43 for civilian workers in general. This brings the total hourly
compensation (including wages and benefits) to $40.04 for Human
Resources Specialists. OSHA recognizes that there is significant
diversity among firms in who is charged with OSHA recordkeeping
responsibilities. Smaller firms may have a bookkeeper perform this
function while larger firms may use an occupational safety and health
specialist. However, OSHA believes that the hourly cost of $40.04 is a
reasonable estimate of the costs for the typical recordkeeper. OSHA
welcomes comments on the issue of hourly compensation costs for typical
recordkeepers.
Given the unit time requirements, hourly wages, the numbers of
establishments and the injury and illness totals presented in Table
III-1, Table III-3 shows OSHA's estimates of the costs of the proposed
rule for those currently partially exempt employers who would need to
keep records as a result of the proposed rule. The expected annualized
cost of the rule to those employers is $13.1 million per year with the
most expensive element being the completion, certification, and posting
of the Form 300A with costs of $7.7 million per year. The highest cost
single industry is new automobile dealers.
Given the unit time requirements, hourly wages, the number of
establishments and the injury and illness totals presented in Table
III-2,
[[Page 36424]]
Table III-4 shows OSHA's estimates of the cost savings of the proposed
rule for those employers who would no longer need to keep records as a
result of the proposed rule. OSHA estimates that the total cost savings
for these employers would be $6.7 million per year.
Table III-3--Annualized Costs to Industries That Include Establishments That Would Be Newly Required To Keep Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Complete log
Relearning entries, mark Total costs to
NAICS Industry Learning new recordkeeping Complete, certify and privacy issues industries
NAICS Code description recordkeeping system due to post OSHA Form 300A and provide newly required
system turnover employees to keep
access records
--------------------------------------------------------------------------------------------------------------------------------------------------------
3118................................. Bakeries and Tortilla $11,014 $15,471 $75,037................. $8,683 $110,205
Manufacturing
4411................................. Automobile Dealers 133,116 186,991 906,905................ 745,372 1,972,385
4413................................. Automotive Parts, 2,430 3,413 16,553................. 3,108 25,503
Accessories, and Tire
Stores
4441................................. Building Material and 121,482 170,648 827,643................ 282,648 1,402,421
Supplies Dealers
4452................................. Specialty Food Stores 41,837 58,769 285,031................ 41,981 427,618
4453................................. Beer, Wine, and Liquor 34,824 48,918 237,251................ 35,842 356,834
Stores
4539................................. Other Miscellaneous 65,588 92,133 446,844................ 70,153 674,719
Store Retailers
4543................................. Direct Selling 394 554 2,686.................. 1,016 4,650
Establishments
5313................................. Activities Related to 110,259 154,883 751,181................ 210,948 1,227,271
Real Estate
5322................................. Consumer Goods Rental 80,874 113,604 550,982................ 16,955 762,414
5324................................. Commercial and 4,601 6,463 31,344................. 10,283 52,690
Industrial Machinery
and Equipment Rental
and Leasing
5419................................. Other Professional, 62,076 87,200 422,919................ 28,193 600,388
Scientific, and
Technical Services
5612................................. Facilities Support 18,773 26,371 127,900................ 136,245 309,289
Services
5617................................. Services to Buildings 595 836 4,053.................. 2,032 7,516
and Dwellings
5619................................. Other Support Services 35,561 49,953 242,274................ 124,010 451,798
6219................................. Other Ambulatory Health 15,321 21,522 104,383................ 87,247 228,474
Care Services
6241................................. Individual and Family 172,337 242,084 1,174,109.............. 319,340 1,907,869
Services
6242................................. Community Food and 42,010 59,013 286,211................ 53,803 441,037
Housing, and Emergency
and Other Relief
Services
7111................................. Performing Arts 11,367 15,967 77,441................. 68,206 172,981
Companies
7113................................. Promoters of Performing 6,744 9,474 45,947................. 36,840 99,005
Arts, Sports, and
Similar Events
7121................................. Museums, Historical 9,181 12,896 62,546................. 43,514 128,137
Sites, and Similar
Institutions
7139................................. Other Amusement and 16,602 23,322 113,110................ 19,087 172,121
Recreation Industries
7223................................. Special Food Services 127,578 179,211 869,174................ 276,368 1,452,331
8129................................. Other Personal Services 8,540 11,996 58,182................. 13,905 92,623
------------------------------------------------------------------------------------------------------------------
Totals........................... ....................... 1,133,105 1,591,692 7,719,704............... 2,635,779 13,080,280
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
[[Page 36425]]
Table III-4--Cost Savings to Industries That Include Establishments That Would Be Newly Partially Exempt from Recordkeeping Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Complete log
Relearning Complete, entries, mark Cost savings to
NAICS code NAICS Industry description recordkeeping certify and post privacy issues industries newly
system due to OSHA Form 300A and provide exempted from
turnover employees access keeping records
--------------------------------------------------------------------------------------------------------------------------------------------------------
4412....................................... Other Motor Vehicle Dealers........ $30,380 $147,342 $57,160 $234,882
4431....................................... Electronics and Appliance Stores... 29,625 143,679 23,399 196,703
4461....................................... Health and Personal Care Stores.... 11,533 55,936 3,719 71,188
4471....................................... Gasoline Stations.................. 97,861 474,627 55,292 627,780
4511....................................... Sporting Goods, Hobby, and Musical 524 2,543 565 3,632
Instrument Stores.
4532....................................... Office Supplies, Stationery, and 37,046 179,672 32,867 249,585
Gift Stores.
4812....................................... Nonscheduled Air Transportation.... 6,111 29,638 13,015 48,763
4861....................................... Pipeline Transportation of Crude 2,817 13,663 2,658 19,138
Oil.
4862....................................... Pipeline Transportation of Natural 10,437 50,619 7,753 68,808
Gas.
4869....................................... Other Pipeline Transportation...... 7,053 34,209 3,325 44,588
4879....................................... Scenic and Sightseeing 356 1,728 1,214 3,299
Transportation, Other.
4885....................................... Freight Transportation Arrangement. 57,062 276,750 46,329 380,141
5111....................................... Newspaper, Periodical, Book, and 87,381 423,797 244,001 755,178
Directory Publishers.
5122....................................... Sound Recording Industries......... 3,415 16,561 3,127 23,102
5151....................................... Radio and Television Broadcasting.. 57,541 279,076 75,027 411,645
5172....................................... Wireless Telecommunications 80,775 391,759 34,597 507,132
Carriers (except Satellite).
5173....................................... Telecommunications Resellers....... 6,406 31,067 7,590 45,062
5179....................................... Other Telecommunications........... 1,631 7,911 2,912 12,455
5181....................................... Internet Service Providers and Web 1,679 8,144 2,653 12,477
Search Portals.
5191....................................... Other Information Services......... 1,690 8,195 2,493 12,378
5221....................................... Depository Credit Intermediation... 40,543 196,635 9,740 246,919
5239....................................... Other Financial Investment 923 4,478 283 5,684
Activities.
5241....................................... Insurance Carriers................. 2,012 9,759 959 12,729
5259....................................... Other Investment Pools and Funds... 7,403 35,903 4,004 47,309
5413....................................... Architectural, Engineering, and 9,162 44,437 19,849 73,448
Related Services.
5416....................................... Management, Scientific, and 13,221 64,121 4,190 81,532
Technical Consulting Services.
5418....................................... Advertising and Related Services... 8,777 42,569 222,299 273,646
5511....................................... Management of Companies and 113,948 552,648 10,059 676,655
Enterprises.
5614....................................... Business Support Services.......... 23,517 114,058 38,913 176,488
5615....................................... Travel Arrangement and Reservation 56,903 275,981 7,722 340,606
Services.
5616....................................... Investigation and Security Services 3,087 14,972 17,515 35,575
6116....................................... Other Schools and Instruction...... 17,152 83,185 722 101,059
7213....................................... Rooming and Boarding Houses........ 2,802 13,590 1,707 18,099
8112....................................... Electronic and Precision Equipment 16,391 79,495 15,150 111,035
Repair and Maintenance.
8114....................................... Personal and Household Goods Repair 17,062 82,751 26,979 126,792
and Maintenance.
8122....................................... Death Care Services................ 13,856 67,199 49,346 130,401
8134....................................... Civic and Social Organizations..... 33,901 164,421 39,480 237,802
8139....................................... Business, Professional, Labor, 43,966 213,233 2,943 260,141
Political, and Similar
Organizations.
-----------------------------------------------------------------------
Totals................................. ................................... 955,949 4,636,351 1,091,556 6,683,856
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
To estimate the costs of reporting in-patient hospitalizations and
amputations, OSHA multiplied the estimated 210,000 cases per year by
0.25 hours per report and by the $40.04 per hour compensation costs of
a recordkeeper. OSHA estimates that a recordkeeper or someone with
equivalent salary would make this report. OSHA welcomes comment on
whether such a report would typically be made by someone other than the
person who normally keeps records and what the salary or job title of
such a person might be. The resulting estimate of the annual cost of
this provision is $2.1 million per year.
Table III-5 shows the total net costs of the proposed rule
considering all three elements: Costs to currently exempt employers who
would be newly required to keep records, cost savings to employers who
would no longer be required to keep records, and reporting of all work-
related in-patient hospitalizations and amputations. OSHA estimates
that the total net costs of this proposed rule would be $8.5 million
per year.
Table III-5--Summary of Annualized Costs and Cost Savings
------------------------------------------------------------------------
Cost or cost savings element Value
------------------------------------------------------------------------
Costs to Employers Newly Required to Keep Records......... $13,080,280
[[Page 36426]]
Cost Savings to Employers Newly Exempt From Keeping 6,683,856
Records..................................................
Costs of Additional Reporting of Hospitalizations and 2,102,200
Amputations..............................................
-------------
Net Costs............................................. 8,498,624
------------------------------------------------------------------------
Benefits
OSHA anticipates that this proposed rule will have several
benefits. First, the proposed rule will redirect recordkeeping efforts
toward industries with higher DART rates, making the system more
effective and efficient. While 119,000 establishments would no longer
need to keep records, these establishments have an average injury and
illness rate of 1.9 percent. On the other hand, the revision to the
regulation adds 199,000 establishments with an average injury and
illness rate of 3.2 percent. Thus, on average, establishments with
higher injury and illness rates will keep and post records. As a
result, the employer, the employees, and OSHA will have a better idea
of the nature of the serious injuries and illnesses occurring in
establishments with relatively high injury and illness rates.
The proposed requirements to report all work-related in-patient
hospitalizations within eight hours and all work-related amputations
within 24 hours ensure that OSHA will be able to better utilize
enforcement resources by targeting resources to establishments with the
most serious hazards.
The hospitalization of a worker or an amputation due to a work-
related incident is a serious and significant event. Requiring the
reporting of these events would ensure that OSHA will be informed about
many more of these serious occurrences than it is now. Greater
awareness regarding the extent and nature of such cases helps in the
development and prioritization of various OSHA enforcement programs and
initiatives. It also serves the public interest by enabling OSHA to
more effectively and efficiently target occupational safety and health
hazards.
If such improvements in information and enforcement save even one
life every three to four years as a result of this proposed rule, they
will more than pay for the costs associated with such notifications.
Economic Impacts
In this section, OSHA will first consider the economic impact on
those firms newly required to keep records, and then turn to the
economic impacts of requirements to report in-patient hospitalizations
and amputations. No economic impacts are examined for those firms that
are no longer required to keep records.
Partial Exemption
OSHA compared the baseline financial data with the total annualized
incremental costs of compliance by computing compliance costs per
establishment. Table III-6 shows that the costs per establishment range
from just above $50 per establishment to a maximum of less than $100
per establishment. OSHA believes that costs of this magnitude cannot
possibly affect the viability of a firm, and are thus economically
feasible.
Table III-6--Economic Impacts of Industries That Include Establishments That Would Be Newly Required To Keep
Records
----------------------------------------------------------------------------------------------------------------
Cost per
NAICS Code NAICS Industry description Affected affected
establishments establishment
----------------------------------------------------------------------------------------------------------------
3118..................................... Bakeries and Tortilla 1,932 $57
Manufacturing.
4411..................................... Automobile Dealers............... 23,351 84
4413..................................... Automotive Parts, Accessories, 426 60
and Tire Stores.
4441..................................... Building Material and Supplies 21,310 66
Dealers.
4452..................................... Specialty Food Stores............ 7,339 58
4453..................................... Beer, Wine, and Liquor Stores.... 6,109 58
4539..................................... Other Miscellaneous Store 11,505 59
Retailers.
4543..................................... Direct Selling Establishments.... 69 67
5313..................................... Activities Related to Real Estate 19,341 63
5322..................................... Consumer Goods Rental............ 14,186 54
5324..................................... Commercial and Industrial 807 65
Machinery and Equipment Rental
and Leasing.
5419..................................... Other Professional, Scientific, 10,889 55
and Technical Services.
5612..................................... Facilities Support Services...... 3,293 94
5617..................................... Services to Buildings and 104 72
Dwellings.
5619..................................... Other Support Services........... 6,238 72
6219..................................... Other Ambulatory Health Care 2,688 85
Services.
6241..................................... Individual and Family Services... 30,230 63
6242..................................... Community Food and Housing, and 7,369 60
Emergency and Other Relief
Services.
7111..................................... Performing Arts Companies........ 1,994 87
7113..................................... Promoters of Performing Arts, 1,183 84
Sports, and Similar Events.
7121..................................... Museums, Historical Sites, and 1,610 80
Similar Institutions.
7139..................................... Other Amusement and Recreation 2,912 59
Industries.
7223..................................... Special Food Services............ 22,379 65
8129..................................... Other Personal Services.......... 1,498 62
-----------------------------------
Totals................................. ................................. 198,763 82
----------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
[[Page 36427]]
Reporting of Fatalities, Hospitalizations, and Amputations
Given OSHA's estimates of total costs of approximately $2 million
per year across all 7.5 million business establishments in OSHA's
jurisdiction, the average cost per establishment of this provision is
$0.27 per establishment per year. In a typical year, most
establishments will not report a single work-related hospitalization.
Even for those that do, the cost will be approximately $10 per
hospitalization or amputation that has to be reported. Costs of this
magnitude will not affect the viability of any firm.
Regulatory Flexibility Certification
OSHA would continue to partially exempt employers with fewer than
11 employees from its recordkeeping regulations under this proposed
rule. Such very small firms are affected by the revisions to this rule
only insofar as they may have to report a fatality, in-patient
hospitalization or amputation. This will be extremely rare for most
small firms. Even when this occurs, OSHA has estimated the costs as
approximately $10 per report, a sum that will not cause problems for
even the smallest firms.
Most of the employers affected by the change in the partial
exemption to the recordkeeping rule are small firms. Even when one
considers the mix of small and large firms covered by the rule, the
average costs per establishment are well under $100 per year per
establishment. OSHA believes that costs of less than $100 per
establishment do not represent a significant economic impact on small
firms with 11 employees or more.
As a result of these considerations, in accordance with the RFA,
OSHA certifies that the proposed rule would not have a significant
economic impact on a substantial number of small entities.
Section III Appendix: PEA Data at the Six Digit NAICS Level
This appendix provides supporting material developed in support of
this rule at the six-digit NAICS level.
Table III-1A presents data on industries with establishments that
would be newly required to keep records. The table shows the six-digit
NAICS code, industry name, the number of affected employees, and an
estimate of the number of recordable injuries and illnesses, based on
historical data, for newly affected employers.
Table III-2A presents data on industries with establishments that
would be newly partially exempt from recordkeeping. The table shows the
six-digit NAICS code, industry name, number of affected establishments
per industry, number of employees, and the estimated number of injuries
and illnesses that would no longer be recorded in each affected
industry.
Table III-3A shows OSHA's estimates of the costs of the proposed
rule, at the six-digit NAICS level, for currently partially exempt
employers who would need to keep records as a result of the proposed
rule.
Table III-4A shows OSHA's estimates of the cost savings of the
proposed rule, at the six-digit NAICS level, for those employers who
would no longer need to keep records as a result of the proposed rule.
Table III-6A shows the costs per establishment at the six-digit
NAICS level.
Table III-1A--Industries That Include Establishments That Would Be Newly Required To Keep Records
----------------------------------------------------------------------------------------------------------------
Estimated
Title of NAICS Affected Affected injuries
NAICS code code employment establishments Affected firms and
illnesses
----------------------------------------------------------------------------------------------------------------
311811....................... Retail Bakeries 42,294 1,932 1,766 571
441110....................... New Car Dealers 1,136,905 19,971 16,525 47,972
441120....................... Used Car Dealers 67,661 3,379 2,631 1,016
441310....................... Automotive Parts 5,207 426 84 204
and Accessories
Stores
444130....................... Hardware Stores 260,363 21,310 4,215 18,577
445210....................... Meat Markets 20,194 1,250 833 451
445220....................... Fish and Seafood 908 44 40 20
Markets
445291....................... Baked Goods 22,149 2,133 678 756
Stores
445292....................... Confectionery 14,587 1,576 332 498
and Nut Stores
445299....................... All Other 30,294 2,336 1,161 1,034
Specialty Food
Stores
445310....................... Beer, Wine, and 69,011 6,109 2,878 2,356
Liquor Stores
453910....................... Pet and Pet 76,608 3,691 1,150 2,309
Supplies Stores
453920....................... Art Dealers 8,370 622 397 36
453991....................... Tobacco Stores 15,975 1,841 610 481
453998....................... All Other 59,200 5,351 2,144 1,784
Miscellaneous
Store Retailers
(except Tobacco
Stores)
454390....................... Other Direct 1,569 69 43 67
Selling
Establishments
531311....................... Residential 312,261 11,737 5,378 8,942
Property
Managers
531312....................... Nonresidential 114,972 4,724 2,517 3,292
Property
Managers
531320....................... Offices of Real 14,273 835 639 365
Estate
Appraisers
531390....................... Other Activities 49,435 2,045 1,346 1,264
Related to Real
Estate
532220....................... Formal Wear and 9,339 1,243 184 267
Costume Rental
532230....................... Video Tape and 121,174 12,922 967 837
Disc Rental
532299....................... All Other 326 21 8 11
Consumer Goods
Rental
532420....................... Office Machinery 5,642 343 156 273
and Equipment
Rental and
Leasing
532490....................... Other Commercial 8,321 464 139 403
and Industrial
Machinery and
Equipment Rental
and Leasing
541910....................... Marketing 117,181 2,061 1,197 215
Research and
Public Opinion
Polling
541921....................... Photography 51,450 6,020 642 664
Studios,
Portrait
541922....................... Commercial 6,225 298 239 80
Photography
541930....................... Translation and 8,935 240 193 317
Interpretation
Services
541990....................... All Other 65,370 2,271 1,499 576
Professional,
Scientific, and
Technical
Services
561210....................... Facilities 162,384 3,293 865 8,955
Support Services
561790....................... Other Services 2,140 104 50 134
to Buildings and
Dwellings
[[Page 36428]]
561910....................... Packaging and 54,249 805 694 1,431
Labeling
Services
561920....................... Convention and 77,944 1,090 834 2,056
Trade Show
Organizers
561990....................... All Other 176,791 4,343 2,624 4,663
Support Services
621991....................... Blood and Organ 61,113 1,082 222 3,317
Banks
621999....................... All Other 44,543 1,606 638 2,417
Miscellaneous
Ambulatory
Health Care
Services
624110....................... Child and Youth 146,467 5,443 2,951 3,024
Services
624120....................... Services for the 479,601 10,944 6,653 16,239
Elderly and
Persons with
Disabilities
624190....................... Other Individual 369,788 13,844 6,312 1,725
and Family
Services
624210....................... Community Food 26,674 2,208 848 713
Services
624221....................... Temporary 60,422 2,636 1,880 1,565
Shelters
624229....................... Other Community 31,478 1,649 1,090 815
Housing Services
624230....................... Emergency and 19,698 876 439 443
Other Relief
Services
711110....................... Theater 67,614 1,114 1,013 2,612
Companies and
Dinner Theaters
711120....................... Dance Companies 8,038 167 165 311
711130....................... Musical Groups 34,372 615 604 1,328
and Artists
711190....................... Other Performing 6,019 99 83 232
Arts Companies
711310....................... Promoters of 76,435 727 579 1,974
Performing Arts,
Sports, and
Similar Events
with Facilities
711320....................... Promoters of 17,303 456 394 447
Performing Arts,
Sports, and
Similar Events
without
Facilities
712110....................... Museums 70,539 1,377 1,184 2,589
712120....................... Historical Sites 7,394 234 167 271
713950....................... Bowling Centers 73,206 2,721 2,052 1,251
713990....................... All Other 241 192 191 4
Amusement and
Recreation
Industries
722310....................... Food Service 403,073 19,247 853 14,347
Contractors
722320....................... Caterers 107,221 3,132 2,949 3,817
812921....................... Photofinishing 16,977 429 324 560
Laboratories
(except One-
Hour)
812922....................... One-Hour 1,457 172 82 48
Photofinishing
812990....................... All Other 23,820 897 712 306
Personal
Services
----------------------------------------------------------------
Total.................... ................ 5,343,199 198,763 88,040 173,233
----------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
Source: 2006 County Business Patterns: http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.
Source: 2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and
Illnesses, in cooperation with participating State agencies. http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.
III-2A--Industries That Include Establishments That Would Be Newly Partially Exempt From Keeping Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
NAICS Code Title of NAICS Code Affected Affected Affected firms injuries and
employment establishments illnesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
441210..................................... Recreational Vehicle Dealers....... 36,713 1,287 996 1,722
441221..................................... Motorcycle Dealers................. 4,344 174 151 202
441222..................................... Boat Dealers....................... 29,649 1,897 1,048 1,379
441229..................................... All Other Motor Vehicle Dealers.... 9,735 436 398 453
443111..................................... Household Appliance Stores......... 48,606 2,770 1,490 1,376
443120..................................... Computer and Software Stores....... 18,296 930 212 162
446120..................................... Cosmetics, Beauty Supplies, and 2,830 294 21 42
Perfume Stores.
446199..................................... All Other Health and Personal Care 12,790 1,146 404 202
Stores.
447110..................................... Gasoline Stations with Convenience 128,972 12,220 2,575 3,634
Stores.
451130..................................... Sewing, Needlework, and Piece Goods 1,271 65 16 37
Stores.
453210..................................... Office Supplies and Stationery 98,855 4,626 873 2,160
Stores.
481211..................................... Nonscheduled Chartered Passenger 28,094 524 422 636
Air Transportation.
481212..................................... Nonscheduled Chartered Freight Air 5,442 96 70 123
Transportation.
481219..................................... Other Nonscheduled Air 4,271 144 88 97
Transportation.
486110..................................... Pipeline Transportation of Crude 7,472 352 35 175
Oil.
486210..................................... Pipeline Transportation of Natural 22,080 1,303 68 510
Gas.
486910..................................... Pipeline Transportation of Refined 8,661 827 38 202
Petroleum Products.
486990..................................... All Other Pipeline Transportation.. 687 54 13 16
487990..................................... Scenic and Sightseeing 2,155 45 39 80
Transportation, Other.
488510..................................... Freight Transportation Arrangement. 166,549 7,126 2,709 3,045
[[Page 36429]]
511110..................................... Newspaper Publishers............... 358,841 4,969 1,945 11,451
511120..................................... Periodical Publishers.............. 148,126 3,515 1,651 2,186
511130..................................... Book Publishers.................... 77,645 1,044 755 957
511140..................................... Directory and Mailing List 47,569 948 306 958
Publishers.
511191..................................... Greeting Card Publishers........... 10,756 49 33 236
511199..................................... All Other Publishers............... 11,275 387 206 248
512210..................................... Record Production.................. 947 33 29 5
512220..................................... Integrated Record Production/ 7,492 142 56 174
Distribution.
512230..................................... Music Publishers................... 3,181 78 56 15
512290..................................... Other Sound Recording Industries... 2,439 173 56 12
515111..................................... Radio Networks..................... 10,868 426 199 729
515112..................................... Radio Stations..................... 106,849 5,003 1,408 1,968
515120..................................... Television Broadcasting............ 133,807 1,756 477 2,234
517211..................................... Paging............................. 4,020 258 68 39
517212..................................... Cellular and Other Wireless 232,223 9,829 462 2,235
Telecommunications.
517310..................................... Telecommunications Resellers....... 27,652 800 533 499
517910..................................... Other Telecommunications........... 9,365 204 104 191
518112..................................... Web Search Portals................. 20,957 210 157 174
519190..................................... All Other Information Services..... 10,406 211 96 164
522120..................................... Savings Institutions............... 81,130 5,063 356 640
522293..................................... International Trade Financing...... 4,727 32 8 15
523999..................................... Miscellaneous Financial Investment 8,158 115 77 19
Activities.
524130..................................... Reinsurance Carriers............... 8,946 251 55 63
525910..................................... Open-End Investment Funds.......... 3,356 89 44 14
525930..................................... Real Estate Investment Trusts...... 16,912 835 181 115
541320..................................... Landscape Architectural Services... 28,061 1,058 940 446
541360..................................... Geophysical Surveying and Mapping 3,891 86 68 62
Services.
541612..................................... Human Resources and Executive 78,223 1,566 878 427
Search Consulting Services.
541614..................................... Process, Physical Distribution, and 1,141 47 16 6
Logistics Consulting Services.
541618..................................... Other Management Consulting 1,201 38 33 7
Services.
541890..................................... Other Services Related to 48,061 1,096 764 691
Advertising.
551114..................................... Insurance and Employee Benefit 1,015,532 14,229 6,983 20,526
Funds.
561421..................................... Pension Funds...................... 32,711 645 501 347
561440..................................... Health and Welfare Funds........... 133,744 2,291 1,671 1,522
561510..................................... Travel Agencies.................... 100,249 5,621 1,328 373
561520..................................... Tour Operators..................... 22,872 662 500 155
561599..................................... All Other Travel Arrangement and 44,278 823 227 857
Reservation Services.
561622..................................... Locksmiths......................... 6,361 386 332 148
611620..................................... Sports and Recreation Instruction.. 49,500 2,142 1,961 372
721310..................................... Rooming and Boarding Houses........ 6,313 350 280 60
811211..................................... Consumer Electronics Repair and 11,779 380 267 225
Maintenance.
811212..................................... Computer and Office Machine Repair 4,814 136 74 92
and Maintenance.
811213..................................... Communication Equipment Repair and 13,015 479 313 248
Maintenance.
811219..................................... Other Electronic and Precision 32,181 1,052 528 614
Equipment Repair and Maintenance.
811411..................................... Home and Garden Equipment Repair 2,165 146 111 59
and Maintenance.
811412..................................... Appliance Repair and Maintenance... 22,039 883 375 602
811430..................................... Footwear and Leather Goods Repair.. 43 5 2 1
811490..................................... Other Personal and Household Goods 18,334 1,096 658 501
Repair and Maintenance.
812220..................................... Cemeteries and Crematories......... 24,515 1,730 551 606
813410..................................... Civic and Social Organizations..... 131,301 4,233 3,141 2,473
813930..................................... Labor Unions and Similar Labor 137,786 5,145 4,307 2,595
Organizations.
813940..................................... Political Organizations............ 10,270 345 341 193
-----------------------------------------------------------------------
Totals................................... ................................... 3,960,772 119,374 48,123 75,787
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
\1\ Source: 2006 County Business Patterns: http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.
\2\ Source: 2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating
State agencies. http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.
[[Page 36430]]
Table III-3A--Annualized Costs to Industries That Include Establishments That Would Be Newly Required To Keep Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Complete log
Relearning Complete, entries, mark Total costs to
NAICS Industry Learning new recordkeeping certify and privacy issues industries
NAICS Code description recordkeeping system due to post OSHA Form and provide newly required
system turnover 300A employees to keep records
access
--------------------------------------------------------------------------------------------------------------------------------------------------------
311811.............................. Retail Bakeries......... $11,014 $15,471 $75,037 $8,683 $110,205
441110.............................. New Car Dealers......... 113,852 159,930 775,661 729,910 1,779,353
441120.............................. Used Car Dealers........ 19,264 27,061 131,244 15,462 193,031
441310.............................. Automotive Parts and 2,430 3,413 16,553 3,108 25,503
Accessories Stores.
444130.............................. Hardware Stores......... 121,482 170,648 827,643 282,648 1,402,421
445210.............................. Meat Markets............ 7,126 10,010 48,549 6,856 72,540
445220.............................. Fish and Seafood Markets 252 354 1,715 312 2,632
445291.............................. Baked Goods Stores...... 12,159 17,080 82,839 11,504 123,583
445292.............................. Confectionery and Nut 8,985 12,622 61,216 7,576 90,399
Stores.
445299.............................. All Other Specialty Food 13,315 18,703 90,712 15,734 138,464
Stores.
445310.............................. Beer, Wine, and Liquor 34,824 48,918 237,251 35,842 356,834
Stores.
453910.............................. Pet and Pet Supplies 21,043 29,560 143,366 35,132 229,101
Stores.
453920.............................. Art Dealers............. 3,548 4,984 24,173 547 33,252
453991.............................. Tobacco Stores.......... 10,493 14,740 71,487 7,326 104,045
453998.............................. All Other Miscellaneous 30,504 42,849 207,819 27,149 308,320
Store Retailers (except
Tobacco Stores).
454390.............................. Other Direct Selling 394 554 2,686 1,016 4,650
Establishments.
531311.............................. Residential Property 66,911 93,991 455,859 136,060 752,821
Managers.
531312.............................. Nonresidential Property 26,929 37,827 183,463 50,096 298,315
Managers.
531320.............................. Offices of Real Estate 4,761 6,688 32,438 5,554 49,442
Appraisers.
531390.............................. Other Activities Related 11,658 16,376 79,421 19,238 126,692
to Real Estate.
532220.............................. Formal Wear and Costume 7,088 9,957 48,292 4,060 69,397
Rental.
532230.............................. Video Tape and Disc 73,665 103,478 501,867 12,735 691,744
Rental.
532299.............................. All Other Consumer Goods 121 170 822 160 1,273
Rental.
532420.............................. Office Machinery and 1,953 2,744 13,307 4,155 22,158
Equipment Rental and
Leasing.
532490.............................. Other Commercial and 2,648 3,719 18,037 6,128 30,532
Industrial Machinery
and Equipment Rental
and Leasing.
541910.............................. Marketing Research and 11,748 16,502 80,035 3,268 111,553
Public Opinion Polling.
541921.............................. Photography Studios, 34,317 48,206 233,798 10,107 326,428
Portrait.
541922.............................. Commercial Photography.. 1,699 2,386 11,574 1,223 16,881
541930.............................. Translation and 1,368 1,921 9,317 4,824 17,430
Interpretation Services.
541990.............................. All Other Professional, 12,945 18,185 88,195 8,771 128,096
Scientific, and
Technical Services.
561210.............................. Facilities Support 18,773 26,371 127,900 136,245 309,289
Services.
561790.............................. Other Services to 595 836 4,053 2,032 7,516
Buildings and Dwellings.
561910.............................. Packaging and Labeling 4,587 6,443 31,250 21,773 64,053
Services.
561920.............................. Convention and Trade 6,216 8,731 42,346 31,283 88,575
Show Organizers.
561990.............................. All Other Support 24,759 34,779 168,678 70,955 299,171
Services.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table III-3A--Annualized Costs to Industries That Include Establishments That Would Be Newly Required to Keep Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Complete log
Relearning Complete, entries, mark Total costs to
NAICS Industry Learning new recordkeeping certify and privacy issues industries
NAICS Code description record keeping system due to post OSHA Form and provide newly required
system turnover 300A employees to keep records
access
--------------------------------------------------------------------------------------------------------------------------------------------------------
621991.............................. Blood and Organ Banks... 6,165 8,661 42,004 50,465 107,295
621999.............................. All Other Miscellaneous 9,156 12,862 62,379 36,782 121,179
Ambulatory Health Care
Services.
624110.............................. Child and Youth Services 31,027 43,584 211,384 46,008 332,004
[[Page 36431]]
624120.............................. Services for the Elderly 62,391 87,641 425,060 247,081 822,172
and Persons with
Disabilities.
624190.............................. Other Individual and 78,919 110,859 537,665 26,251 753,693
Family Services.
624210.............................. Community Food Services. 12,587 17,682 85,756 10,843 126,869
624221.............................. Temporary Shelters...... 15,027 21,108 102,375 23,817 162,327
624229.............................. Other Community Housing 9,400 13,204 64,041 12,408 99,053
Services.
624230.............................. Emergency and Other 4,996 7,018 34,038 6,735 52,788
Relief Services.
711110.............................. Theater Companies and 6,350 8,920 43,263 39,742 98,274
Dinner Theaters.
711120.............................. Dance Companies......... 950 1,335 6,474 4,724 13,484
711130.............................. Musical Groups and 3,504 4,923 23,874 20,203 52,504
Artists.
711190.............................. Other Performing Arts 562 790 3,830 3,537 8,719
Companies.
711310.............................. Promoters of Performing 4,143 5,819 28,224 30,040 68,226
Arts, Sports, and
Similar Events with
Facilities.
711320.............................. Promoters of Performing 2,601 3,654 17,723 6,800 30,779
Arts, Sports, and
Similar Events without
Facilities.
712110.............................. Museums................. 7,847 11,023 53,462 39,386 111,718
712120.............................. Historical Sites........ 1,333 1,873 9,084 4,128 16,419
713950.............................. Bowling Centers......... 15,511 21,788 105,673 19,028 161,999
713990.............................. All Other Amusement and 1,092 1,534 7,438 59 10,122
Recreation Industries.
722310.............................. Food Service Contractors 109,725 154,132 747,542 218,299 1,229,698
722320.............................. Caterers................ 17,853 25,079 121,631 58,070 222,633
812921.............................. Photofinishing 2,445 3,435 16,658 8,516 31,053
Laboratories (except
One-Hour).
812922.............................. One-Hour Photofinishing. 979 1,376 6,673 731 9,758
812990.............................. All Other Personal 5,116 7,186 34,851 4,658 51,811
Services.
-----------------------------------------------------------------------------------------
Totals............................ ........................ 1,133,105 1,591,692 7,719,704 2,635,779 13,080,280
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: OSHA, Office of Regulatory Analysis.
Table III-4A--Cost Savings to Industries That Include Establishments That Would Be Newly Partially Exempt From Recordkeeping Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Complete log Costs savings
Relearning Complete, entries, mark to industries
NAICS Code NAICS Industry description recordkeeping certify and post privacy issues newly exempted
system due to OSHA Form 300A and provide from keeping
turnover employees access records
--------------------------------------------------------------------------------------------------------------------------------------------------------
441210..................................... Recreational Vehicle Dealers....... $10,304 $49,974 $26,206 $86,483
441221..................................... Motorcycle Dealers................. 1,396 6,773 3,075 11,244
441222..................................... Boat Dealers....................... 15,192 73,681 20,988 109,861
441229..................................... All Other Motor Vehicle Dealers.... 3,487 16,914 6,891 27,293
443111..................................... Household Appliance Stores......... 22,180 107,572 20,933 150,684
443120..................................... Computer and Software Stores....... 7,445 36,107 2,467 46,019
446120..................................... Cosmetics, Beauty Supplies, and 2,353 11,412 643 14,408
Perfume Stores.
446199..................................... All Other Health and Personal Care 9,180 44,524 3,076 56,780
Stores.
447110..................................... Gasoline Stations with Convenience 97,861 474,627 55,292 627,780
Stores.
451130..................................... Sewing, Needlework, and Piece Goods 524 2,543 565 3,632
Stores.
453210..................................... Office Supplies and Stationery 37,046 179,672 32,867 249,585
Stores.
481211..................................... Nonscheduled Chartered Passenger 4,192 20,332 9,671 34,195
Air Transportation.
481212..................................... Nonscheduled Chartered Freight Air 769 3,729 1,873 6,370
Transportation.
481219..................................... Other Nonscheduled Air 1,150 5,577 1,470 8,197
Transportation.
486110..................................... Pipeline Transportation of Crude 2,817 13,663 2,658 19,138
Oil.
486210..................................... Pipeline Transportation of Natural 10,437 50,619 7,753 68,808
Gas.
[[Page 36432]]
486910..................................... Pipeline Transportation of Refined 6,622 32,116 3,081 41,818
Petroleum Products.
486990..................................... All Other Pipeline Transportation.. 432 2,093 244 2,769
487990..................................... Scenic and Sightseeing 356 1,728 1,214 3,299
Transportation, Other.
488510..................................... Freight Transportation Arrangement. 57,062 276,750 46,329 380,141
511110..................................... Newspaper Publishers............... 39,793 192,994 174,234 407,021
511120..................................... Periodical Publishers.............. 28,148 136,518 33,260 197,927
511130..................................... Book Publishers.................... 8,359 40,540 14,567 63,466
511140..................................... Directory and Mailing List 7,588 36,803 14,572 58,964
Publishers.
511191..................................... Greeting Card Publishers........... 393 1,907 3,597 5,897
511199..................................... All Other Publishers............... 3,100 15,034 3,770 21,905
512210..................................... Record Production.................. 267 1,293 69 1,629
512220..................................... Integrated Record Production/ 1,140 5,531 2,651 9,322
Distribution.
512230..................................... Music Publishers................... 625 3,029 230 3,884
512290..................................... Other Sound Recording Industries... 1,383 6,707 177 8,267
515111..................................... Radio Networks..................... 3,413 16,553 11,094 31,060
515112..................................... Radio Stations..................... 40,066 194,322 29,948 264,336
515120..................................... Television Broadcasting............ 14,062 68,201 33,985 116,248
517211..................................... Paging............................. 2,067 10,024 589 12,680
517212..................................... Cellular and Other Wireless 78,708 381,735 34,009 494,452
Telecommunications.
517310..................................... Telecommunications Resellers....... 6,406 31,067 7,590 45,062
517910..................................... Other Telecommunications........... 1,631 7,911 2,912 12,455
518112..................................... Web Search Portals................. 1,679 8,144 2,653 12,477
519190..................................... All Other Information Services..... 1,690 8,195 2,493 12,378
522120..................................... Savings Institutions............... 40,543 196,635 9,740 246,919
523999..................................... Miscellaneous Financial Investment 923 4,478 283 5,684
Activities.
524130..................................... Reinsurance Carriers............... 2,012 9,759 959 12,729
525910..................................... Open-End Investment Funds.......... 714 3,464 1,100 5,278
525930..................................... Real Estate Investment Trusts...... 6,688 32,438 2,904 42,031
541320..................................... Landscape Architectural Services... 8,472 41,088 941 50,500
541360..................................... Geophysical Surveying and Mapping 691 3,349 18,908 22,948
Services.
541612..................................... Human Resources and Executive 12,542 60,831 95 73,468
Search Consulting Services.
541614..................................... Process, Physical Distribution, and 377 1,829 100 2,306
Logistics Consulting Services.
541618..................................... Other Management Consulting 301 1,461 3,995 5,757
Services.
541890..................................... Other Services Related to 8,777 42,569 222,299 273,646
Advertising.
551114..................................... Corporate, Subsidiary, and Regional 113,948 552,648 10,059 676,655
Managing Offices.
561421..................................... Telephone Answering Services....... 5,168 25,063 21,557 51,787
561440..................................... Collection Agencies................ 18,350 88,995 17,356 124,701
561510..................................... Travel Agencies.................... 45,012 218,309 1,296 264,617
561520..................................... Tour Operators..................... 5,302 25,715 4,552 35,569
561599..................................... All Other Travel Arrangement and 6,589 31,956 1,874 40,419
Reservation Services.
561622..................................... Locksmiths......................... 3,087 14,972 17,515 35,575
611620..................................... Sports and Recreation Instruction.. 17,152 83,185 722 101,059
721310..................................... Rooming and Boarding Houses........ 2,802 13,590 1,707 18,099
811211..................................... Consumer Electronics Repair and 3,046 14,774 1,398 19,218
Maintenance.
811212..................................... Computer and Office Machine Repair 1,090 5,286 3,779 10,155
and Maintenance.
811213..................................... Communication Equipment Repair and 3,832 18,584 9,344 31,760
Maintenance.
811219..................................... Other Electronic and Precision 8,423 40,851 629 49,902
Equipment Repair and Maintenance.
811411..................................... Home and Garden Equipment Repair 1,172 5,682 9,157 16,011
and Maintenance.
811412..................................... Appliance Repair and Maintenance... 7,073 34,306 18 41,398
811430..................................... Footwear and Leather Goods Repair.. 39 191 7,618 7,849
811490..................................... Other Personal and Household Goods 8,778 42,571 10,186 61,535
Repair and Maintenance.
812220..................................... Cemeteries and Crematories......... 13,856 67,199 49,346 130,401
813410..................................... Civic and Social Organizations..... 33,901 164,421 39,480 237,802
813930..................................... Labor Unions and Similar Labor 41,204 199,841 2,943 243,988
Organizations.
813940..................................... Political Organizations............ 2,761 13,392 0 16,153
-----------------------------------------------------------------------
[[Page 36433]]
Totals................................. ................................... 955,949 4,636,351 1,091,556 6,683,856
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
Table III-6A--Economic Impacts of Industries That Include Establishments That Would Be Newly Required To Keep
Records
----------------------------------------------------------------------------------------------------------------
Cost per
NAICS Code NAICS Industry description Affected affected
establishments establishment
----------------------------------------------------------------------------------------------------------------
311811................................... Retail Bakeries.................. 1,932 $57.04
441110................................... New Car Dealers.................. 19,971 89.10
441120................................... Used Car Dealers................. 3,379 57.12
441310................................... Automotive Parts and Accessories 426 59.84
Stores.
444130................................... Hardware Stores.................. 21,310 65.81
445210................................... Meat Markets..................... 1,250 58.03
445220................................... Fish and Seafood Markets......... 44 59.61
445291................................... Baked Goods Stores............... 2,133 57.94
445292................................... Confectionery and Nut Stores..... 1,576 57.35
445299................................... All Other Specialty Food Stores.. 2,336 59.28
445310................................... Beer, Wine, and Liquor Stores.... 6,109 58.42
453910................................... Pet and Pet Supplies Stores...... 3,691 62.07
453920................................... Art Dealers...................... 622 53.43
453991................................... Tobacco Stores................... 1,841 56.53
453998................................... All Other Miscellaneous Store 5,351 57.62
Retailers (except Tobacco
Stores).
454390................................... Other Direct Selling 69 67.23
Establishments.
531311................................... Residential Property Managers.... 11,737 64.14
531312................................... Nonresidential Property Managers. 4,724 63.15
531320................................... Offices of Real Estate Appraisers 835 59.20
531390................................... Other Activities Related to Real 2,045 61.96
Estate.
532220................................... Formal Wear and Costume Rental... 1,243 55.81
532230................................... Video Tape and Disc Rental....... 12,922 53.53
532299................................... All Other Consumer Goods Rental.. 21 60.12
532420................................... Office Machinery and Equipment 343 64.67
Rental and Leasing.
532490................................... Other Commercial and Industrial 464 65.74
Machinery and Equipment Rental
and Leasing.
541910................................... Marketing Research and Public 2,061 54.13
Opinion Polling.
541921................................... Photography Studios, Portrait.... 6,020 54.23
541922................................... Commercial Photography........... 298 56.65
541930................................... Translation and Interpretation 240 72.65
Services.
541990................................... All Other Professional, 2,271 56.41
Scientific, and Technical
Services.
561210................................... Facilities Support Services...... 3,293 93.92
561790................................... Other Services to Buildings and 104 72.02
Dwellings.
561910................................... Packaging and Labeling Services.. 805 79.61
561920................................... Convention and Trade Show 1,090 81.24
Organizers.
561990................................... All Other Support Services....... 4,343 68.89
621991................................... Blood and Organ Banks............ 1,082 99.21
621999................................... All Other Miscellaneous 1,606 75.45
Ambulatory Health Care Services.
624110................................... Child and Youth Services......... 5,443 61.00
624120................................... Services for the Elderly and 10,944 75.12
Persons with Disabilities.
624190................................... Other Individual and Family 13,844 54.44
Services.
624210................................... Community Food Services.......... 2,208 57.46
624221................................... Temporary Shelters............... 2,636 61.58
624229................................... Other Community Housing Services. 1,649 60.07
624230................................... Emergency and Other Relief 876 60.23
Services.
711110................................... Theater Companies and Dinner 1,114 88.23
Theaters.
711120................................... Dance Companies.................. 167 80.89
711130................................... Musical Groups and Artists....... 615 85.41
711190................................... Other Performing Arts Companies.. 99 88.42
711310................................... Promoters of Performing Arts, 727 93.89
Sports, and Similar Events with
Facilities.
711320................................... Promoters of Performing Arts, 456 67.45
Sports, and Similar Events
without Facilities.
712110................................... Museums.......................... 1,377 81.16
712120................................... Historical Sites................. 234 70.20
713950................................... Bowling Centers.................. 2,721 59.54
713990................................... All Other Amusement and 192 52.86
Recreation Industries.
[[Page 36434]]
722310................................... Food Service Contractors......... 19,247 63.89
722320................................... Caterers......................... 3,132 71.09
812921................................... Photofinishing Laboratories 429 72.40
(except One-Hour).
812922................................... One-Hour Photofinishing.......... 172 56.80
812990................................... All Other Personal Services...... 897 57.74
-----------------------------------
Totals................................. ................................. 198,763 81.63
----------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
IV. OMB Review Under the Paperwork Reduction Act of 1995
This proposal would revise an existing collection of information as
defined and covered by the Paperwork Reduction Act of 1995 and its
implementing regulations. An ongoing information collection approved by
OMB under the provisions of the Paperwork Reduction Act currently
includes the type of information collected in this proposed regulation,
as well as the manner in which employers collect the information.
Accordingly, OMB approved the information collections associated with
the requirements to maintain information on fatalities, injuries, and
illnesses, and to report and submit this information to OSHA, under the
Control Number 1218-0176. The current regulation at 29 CFR 1904.39
requires an employer to report to OSHA, within eight hours, all work-
related fatalities and in-patient hospitalizations of three or more
employees. The proposed rule would require employers to report to OSHA,
within eight hours, all work-related fatalities and work-related in-
patient hospitalizations (regardless of the number of employees
involved), and, within 24 hours, all work-related amputations. The
proposal also would update Appendix A to 29 CFR part 1904, subpart B,
of its injury and illness recording and reporting regulations. Appendix
A contains a list of industries that are partially exempt from
maintaining records of occupational injuries and illnesses, generally
due to their relatively low rates of occupational injury and illness.
OSHA based the current list of industries on the Standard Industrial
Classification (SIC) system. In 1997, the North American Industry
Classification System (NAICS) was introduced to classify establishments
by industry. The proposed rule would update Appendix A by replacing it
with a list of industries based on NAICS and more recent injury and
illness data.
OSHA prepared and submitted a revised Information Collection
Request (ICR) for this proposed regulation to OMB for review in
accordance with 44 U.S.C. 3507(d). The Agency solicits comments on the
proposed revised collection of information requirements and the
estimated burden hours associated with these requirements, including
comments on the following items:
Whether the proposed collection of information
requirements are necessary for the proper performance of the Agency's
functions, including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
cost) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
collected; and
Ways to minimize the compliance burden on employers, for
example, by using automated or other technological means for collecting
and transmitting information.
As required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2), the
following paragraphs provide information about this ICR.
1. Title: 29 CFR Part 1904 Recordkeeping and Reporting Occupational
Injuries and Illnesses
2. Number of respondents: OSHA is proposing to revise the list of
partially exempt industries in Appendix A of 29 CFR 1904, subpart B,
using the North American Industry Classification System (NAICS). OSHA
based the revised list in proposed Appendix A on DART rates compiled by
the Bureau of Labor Statistics (BLS) for 2007, 2008, and 2009. The
Agency still would require industries listed in proposed Appendix A to
maintain records if requested to do so by BLS in connection with its
Annual Survey (see 29 CFR 1904.42), or by OSHA in connection with its
Data Initiative (see 29 CFR 1904.41). OSHA estimates that, as a result
of the proposed revisions to the list of industries partially exempt
from the regulation, 199,000 establishments with 5.3 million employees
not previously required to record the information would need to do so,
and that those establishments would record an estimated 173,000
injuries and illnesses per year. The total number of respondents is
1,665,374.
2. Frequency of responses: Annually; on occasion.
3. Number of responses: 7,449,273.
4. Average time per response: Time per response varies from three
minutes for making an entry on a confidential list of privacy-concern
cases (see Sec. 1904.29(b)(6)), to one hour to learn the requirements
of the recordkeeping standard.
5. Estimated total burden hours: 3,355,105 hours.
6. Estimated costs (capital-operation and maintenance): There are
no capital costs for the proposed collection of information
requirements.
Members of the public may comment on the paperwork requirements in
this proposed regulation by sending their written comments to the
Office of Information and Regulatory Affairs, Attn: OMB Desk Officer
for the Department of Labor, OSHA (Regulation Identifier Number (RIN)
1218-AC50), Office of Management and Budget, Room 10235, Washington, DC
20503; telephone: 202-395-6929; fax: 202-395-6881 (these are not toll-
free numbers); e-mail: [email protected]. OSHA encourages
commenters also to submit their comments on these paperwork
requirements to the rulemaking docket along with their comments on
other parts of the proposed regulation. For instructions on submitting
these comments to the docket, see the sections of this Federal Register
notice titled DATES and ADDRESSES'' Comments submitted in response to
this notice are public records; therefore, OSHA cautions commenters
about submitting personal information such as Social Security numbers
and dates of birth. To
[[Page 36435]]
access the docket to read or download comments and other materials
related to this paperwork determination, including the complete
information collection request (ICR), use the procedures described
under the section of this notice titled ADDRESSES. You may obtain an
electronic copy of the complete ICR by visiting the Web site at http://www.reginfo.gov/public/do/PRAMain, then scroll under ``Currently Under
Review'' to ``Department of Labor (DOL)'' to view all of the DOL's
ICRs, including those ICRs submitted for proposed rulemakings. To make
inquiries, or to request other information, contact Mr. Todd Owen,
Directorate of Standards and Guidance, OSHA, Room N-3609, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-2222. OSHA notes that a Federal agency
cannot (1) conduct or sponsor a collection of information unless OMB
approves it under the PRA and displays a currently valid OMB control
number, and (2) require a party to respond to a collection of
information unless the collection of information displays a currently
valid OMB control number. Also, notwithstanding any other provision of
law, no party shall be subject to penalty for failing to comply with a
collection of information if the collection of information does not
display a currently valid OMB control number. OSHA will publish a
notice of OMB's action when it publishes the final regulation.
V. Unfunded Mandates
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1501 et seq.), as well as Executive Order 12875, this proposed rule
does not include any Federal mandate that may result in increased
expenditures by state, local, and Tribal governments, or increased
expenditures by the private sector of more than $100 million.
VI. Federalism
The proposed rule has been reviewed in accordance with Executive
Oder 13132 (52 FR 41685), regarding federalism. Because this rulemaking
involves a ``regulation'' issued under Sections 8 and 24 of the OSH
Act, and is not an ``occupational safety and health standard'' issued
under Section 6 of the OSH Act, the rule will not preempt state law (29
U.S.C. 667(a)). The effect of the proposed rule on states is discussed
in section VIII. State Plan States.
VII. State Plan States
Consistent with Section 18 of the OSH Act (29 U.S.C. 667) and the
requirements of 29 CFR 1904.37 and 1952.4, within 6 months after
publication of the final OSHA rule, state-plan states must promulgate
occupational injury and illness recording and reporting requirements
that are the same as the Federal requirements for determining which
injuries and illnesses will be entered into the records and how they
are entered. All other injury and illness recording and reporting
requirements that are promulgated by state-plan states may be more
stringent than, or supplemental to, the Federal requirements, but,
because of the unique nature of the national recordkeeping program,
states must consult with OSHA and obtain approval of such additional or
more stringent reporting and recording requirements to ensure that they
will not interfere with uniform reporting objectives.
There are 27 state plan states and territories. The states and
territories that cover private sector employers are: Alaska, Arizona,
California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan,
Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico,
South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and
Wyoming. Connecticut, Illinois, New Jersey, New York, and the Virgin
Islands have OSHA approved state plans that apply to state and local
government employees only.
VIII. Public Participation
This rulemaking is governed by the notice and comments requirements
in the Administrative Procedure Act (APA)(5 U.S.C. 553) rather than
section 6 of the OSH Act (29 U.S.C. 655) and 29 CFR Part 1911, which
only apply to ``promulgating, modifying or revoking occupational safety
and health standards'' (29 CFR part 1911). For example, section 6(b)(3)
of the OSH Act and 29 CFR 1911.11 state that the requirement to hold an
informal public hearing on a proposed rule only applies to rulemakings
on occupational safety and health standards, not to those dealing with
regulations.
Section 553(b)(1) of the APA requires the agency to specify the
type of rule involved, the time during which the agency will receive
comments on the proposal, and the instructions regarding the procedures
for submitting comments. The APA does not specify a minimum period for
submitting comments.
Public Submissions
OSHA invites comment on all aspects of the proposed rule. OSHA
specifically encourages comment on the questions raised in the issues
and potential alternatives sections of this preamble. Interested
persons must submit comments by September 20, 2011 The Agency will
carefully review and evaluate all comments, information, and data, as
well as all other information in the rulemaking record, to determine
how to proceed.
You may submit comments in response to this document (1)
electronically at http://www.regulations.gov, which is the Federal e-
rulemaking portal; (2) by fax; or (3) by hard copy. All submissions
must identify the Agency name and the OSHA docket number (Docket No.
OSHA-2010-0019) or RIN (RIN No. 1218-AC50) for this rulemaking. You may
supplement electronic submissions by uploading document files
electronically. If, instead, you wish to mail additional materials in
reference to an electronic or fax submission, you must submit three
copies to the OSHA docket office (see ADDRESSES section). The
additional materials must clearly identify your electronic comments by
name, date, and docket number, so OSHA can attach them to your
comments.
Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of submissions. For
information about security procedures concerning the delivery of
materials by hand, express delivery, messenger or courier service,
please contact the OSHA docket office at (202) 693-2350 (TTY (877) 889-
5627).
Access to Docket
Comments in response to this Federal Register notice are posted at
http://www.regulations.gov, the Federal e-rulemaking portal. Therefore,
OSHA cautions individuals about submitting personal information such as
social security numbers and birthdates. Although submissions are listed
in the http://www.regulations.gov index, some information (e.g.,
copyrighted material) is not publicly available to read or download
through that Web site. All comments and exhibits, including copyrighted
material, are available for inspection and copying at the OSHA docket
office. Information on using http://www.regulations.gov to submit
comments and access dockets is available on that Web site. Contact the
OSHA docket office for information about materials not available
through the Web site and for assistance in using the Internet to locate
docket submissions.
Electronic copies of this Federal Register document are available
at
[[Page 36436]]
http://www.regulations.gov. This document, as well as news releases and
other relevant information, also are available at OSHA's Web page at
http://www.osha.gov. For specific information about OSHA's
Recordkeeping rule, go the Recordkeeping page on OSHA's Web page.
IX. Authority and Signature
This document was prepared under the direction of Dr. David
Michaels, Assistant Secretary for Occupational Safety and Health. It is
issued under Sections 8 and 24 of the Occupational Safety and Health
Act (29 U.S.C. 657, 673), 5 U.S.C. 553, and Secretary of Labor's Order
4-2010 (75 FR 55355, 9/10/2010)
List of Subjects in 29 CFR Part 1904
Health statistics, Occupational safety and health, Reporting and
recordkeeping requirements.
Signed at Washington, DC on June 15, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
X. Proposed Rule
Part 1904 of Title 29 of the Code of Federal Regulations is hereby
proposed to be amended as follows:
PART 1904--[AMENDED]
1. The authority citation for part 1904 continues to read as
follows:
Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of
Labor's Order No. 3-2000 (65 FR 50017), and 5 U.S.C. 533.
2. Amend Sec. 1904.2 as follows:
A. Revise paragraph (a)(1).
B. Remove paragraph (b)(1).
C. Redesignate paragraphs (b)(2) and (b)(3) as (b)(1) and (b)(2).
D. Revise newly designated paragraphs (b)(1) and (b)(2).
The revisions read as follows:
Sec. 1904.2 Partial exemption for establishments in certain
industries.
(a) * * *
(1) If your business establishment is classified in a specific
industry subsector listed in Appendix A to this Subpart B, you do not
need to keep OSHA injury and illness records unless the government asks
you to keep the records under Sec. 1904.41 or Sec. 1904.42. However,
all employers must report to OSHA any workplace incident that results
in a fatality, an amputation, or the in-patient hospitalization of an
employee (see Sec. 1904.39).
* * * * *
(b) * * *
(1) Is the partial industry classification exemption based on the
industry classification of my entire company or on the classification
of individual business establishments operated by my company? The
partial industry classification exemption applies to individual
business establishments. If a company has several business
establishments engaged in different classes of business activities,
some of the company's establishments may be required to keep records,
while others may be exempt.
(2) How do I determine the correct NAICS code for my business? The
NAICS was designed and documented in such a way to allow business
establishments to self-code. There are a number of tools and references
available to help you to determine the most appropriate NAICS code for
your business from the U.S. Census Bureau at http://www.census.gov. You
may contact your nearest OSHA office or state agency for help in
determining your NAICS code.
* * * * *
3. Revise Appendix A to subpart B of part 1904 to read as follows:
Appendix A to Subpart B of Part 1904 (Non-Mandatory)--Partially Exempt
Industries
Employers are not required to keep OSHA injury and illness
records for any establishment classified in the following North
American Industry Classification System (NAICS) codes, unless they
are asked in writing to do so by OSHA, the Bureau of Labor
Statistics (BLS), or a state agency operating under the authority of
OSHA or the BLS. All employers, including those partially exempted
by reason of company size or industry classification, must report to
OSHA any workplace incident that results in a fatality, in-patient
hospitalization, or amputation (see Sec. 1904.39).
------------------------------------------------------------------------
NAICS Code Industry
------------------------------------------------------------------------
4412......................... Other Motor Vehicle Dealers.
4431......................... Electronics and Appliance Stores.
4461......................... Health and Personal Care Stores.
4471......................... Gasoline Stations.
4481......................... Clothing Stores.
4482......................... Shoe Stores.
4483......................... Jewelry, Luggage, and Leather Goods
Stores.
4511......................... Sporting Goods, Hobby, and Musical
Instrument Stores.
4512......................... Book, Periodical, and Music Stores.
4531......................... Florists.
4532......................... Office Supplies, Stationery, and Gift
Stores.
4812......................... Nonscheduled Air Transportation.
4861......................... Pipeline Transportation of Crude Oil.
4862......................... Pipeline Transportation of Natural Gas.
4869......................... Other Pipeline Transportation.
4879......................... Scenic and Sightseeing Transportation,
Other.
4885......................... Freight Transportation Arrangement.
5111......................... Newspaper, Periodical, Book, and
Directory Publishers.
5112......................... Software Publishers.
5121......................... Motion Picture and Video Industries.
5122......................... Sound Recording Industries.
5151......................... Radio and Television Broadcasting.
5172......................... Wireless Telecommunications Carriers
(except Satellite).
5173......................... Telecommunications Resellers.
5179......................... Other Telecommunications.
5181......................... Internet Service Providers and Web Search
Portals.
5182......................... Data Processing, Hosting, and Related
Services.
[[Page 36437]]
5191......................... Other Information Services.
5211......................... Monetary Authorities--Central Bank.
5221......................... Depository Credit Intermediation.
5222......................... Nondepository Credit Intermediation.
5223......................... Activities Related to Credit
Intermediation.
5231......................... Securities and Commodity Contracts
Intermediation and Brokerage.
5232......................... Securities and Commodity Exchanges.
5239......................... Other Financial Investment Activities.
5241......................... Insurance Carriers.
5242......................... Agencies, Brokerages, and Other Insurance
Related Activities.
5251......................... Insurance and Employee Benefit Funds.
5259......................... Other Investment Pools and Funds.
5312......................... Offices of Real Estate Agents and
Brokers.
5331......................... Lessors of Nonfinancial Intangible Assets
(except Copyrighted Works).
5411......................... Legal Services.
5412......................... Accounting, Tax Preparation, Bookkeeping,
and Payroll Services.
5413......................... Architectural, Engineering, and Related
Services.
5414......................... Specialized Design Services.
5415......................... Computer Systems Design and Related
Services.
5416......................... Management, Scientific, and Technical
Consulting Services.
5417......................... Scientific Research and Development
Services.
5418......................... Advertising and Related Services.
5511......................... Management of Companies and Enterprises.
5611......................... Office Administrative Services.
5614......................... Business Support Services.
5615......................... Travel Arrangement and Reservation
Services.
5616......................... Investigation and Security Services.
6111......................... Elementary and Secondary Schools.
6112......................... Junior Colleges.
6113......................... Colleges, Universities, and Professional
Schools.
6114......................... Business Schools and Computer and
Management Training.
6115......................... Technical and Trade Schools.
6116......................... Other Schools and Instruction.
6117......................... Educational Support Services.
6211......................... Offices of Physicians.
6212......................... Offices of Dentists.
6213......................... Offices of Other Health Practitioners.
6214......................... Outpatient Care Centers.
6215......................... Medical and Diagnostic Laboratories.
6244......................... Child Day Care Services.
7114......................... Agents and Managers for Artists,
Athletes, Entertainers, and Other Public
Figures.
7115......................... Independent Artists, Writers, and
Performers.
7213......................... Rooming and Boarding Houses.
7221......................... Full-Service Restaurants.
7222......................... Limited-Service Eating Places.
7224......................... Drinking Places (Alcoholic Beverages).
8112......................... Electronic and Precision Equipment Repair
and Maintenance.
8114......................... Personal and Household Goods Repair and
Maintenance.
8121......................... Personal Care Services.
8122......................... Death Care Services.
8131......................... Religious Organizations.
8132......................... Grantmaking and Giving Services.
8133......................... Social Advocacy Organizations.
8134......................... Civic and Social Organizations.
8139......................... Business, Professional, Labor, Political,
and Similar Organizations.
------------------------------------------------------------------------
* * * * *
4. Amend Sec. 1904.39 as follows:
A. Revise paragraphs (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(6),
and (b)(7).
B. Add paragraph (b)(8).
The revisions and addition should read as follows:
Sec. 1904.39 Reporting fatalities and multiple hospitalization
incidents to OSHA.
(a) Basic Requirement. Within eight (8) hours after the death of
any employee from a work-related incident, within eight (8) hours after
the in-patient hospitalization of any employee as a result of a work-
related incident, and within twenty-four (24) hours after an amputation
suffered by an employee as a result of a work-related incident, you
must orally report the incident by telephone or in person to the
nearest Area Office of the Occupational Safety and Health
Administration (OSHA), U.S. Department of Labor. You may also use the
OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-
6742).
(b) * * *
(1) If the Area Office is closed, may I report the incident by
leaving a message on OSHA's answering machine, faxing the area office,
or sending an e-mail? No, if you can't talk to a person at the Area
Office, you must report the fatality, in-patient hospitalization, or
[[Page 36438]]
amputation incident using the 800 number.
(2) What information do I need to give to OSHA about the incident?
You must give OSHA the following information for each fatality, in-
patient hospitalization, or amputation incident:
(i) The establishment name;
(ii) The location of the incident;
(iii) The time of the incident;
(iv) The number of fatalities or hospitalized employees or
amputations;
(v) The names of any injured employees;
(vi) Your contact person and his or her phone number; and
(vii) A brief description of the incident.
(3) Do I have to report every fatality or in-patient
hospitalization or amputation incident resulting from a motor vehicle
accident? No, you do not have to report all of these incidents. If the
motor vehicle accident occurs on a public street or highway, and does
not occur in a construction work zone, you do not have to report the
incident to OSHA. However, these injuries must be recorded on your OSHA
injury and illness records, if you are required to keep such records.
(4) Do I have to report a fatality or in-patient hospitalization or
amputation incident that occurs on a commercial or public
transportation system? No, you do not have to call OSHA to report a
fatality or hospitalization or amputation incident if it involves a
commercial airplane, train, subway, or bus accident. However, these
injuries must be recorded on your OSHA injury and illness records, if
you are required to keep such records.
* * *
(6) Do I have to report a fatality or in-patient hospitalization or
amputation that occurs long after the incident? No, you must only
report each fatality or in-patient hospitalization or amputation that
occurs within thirty (30) days of an incident.
(7) What if I don't learn about an incident right away? If you do
not learn of a reportable incident at the time it occurs and the
incident would otherwise be reportable under paragraphs (a) and (b) of
this section, you must make the report within eight (8) hours (for a
fatality or an in-patient hospitalization) or twenty four (24) hours
(for an amputation) of the time the incident is reported to you or to
any of your agent(s) or employee(s).
(8) What types of injuries are counted as amputations? For purposes
of classifying occupational injuries and illnesses, amputations are
defined by the Bureau of Labor Statistics in their Occupational Injury
and Illness Classification Manual. An amputation is the traumatic loss
of a limb or other external body part, including a fingertip. In order
for an injury to be classified as an amputation, bone must be lost.
Amputations include loss of a body part due to a traumatic incident, a
gunshot wound, and medical amputations due to irreparable traumatic
injuries. Amputations exclude traumatic injuries without bone loss and
exclude enucleation (eye removal).
[FR Doc. 2011-15277 Filed 6-21-11; 8:45 am]
BILLING CODE 4510-26-P