1219-0133 Final

1219-0133

Hazard Communication (HazCom), 30 C.F.R. part 47
A.

Justification

1.
Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation mandating or
authorizing the collection of information.
Section 101(a)(7) of the Federal Mine Safety and Health Act of 1977, as amended, (Mine
Act) requires, in part, that mandatory standards—
•

prescribe the use of labels or other appropriate forms of warning as are
necessary to insure that miners are apprised of all hazards to which
they are exposed, relevant symptoms and appropriate emergency
treatment, and proper conditions and precautions for safe use or
exposure.

MSHA collected evidence from the National Institute for Occupational Safety and Health’s
(NIOSH) Occupational Health Survey of Mining and other sources indicating that there were
chemical exposures occurring in every type of mine, although every miner may not have
been exposed. MSHA became concerned that miners were being exposed to chemicals
and may not have known the hazards of those chemicals or the appropriate precautions
to prevent injury or illness caused by exposure to a hazardous chemical.
2.
Indicate how, by whom, and for what purpose the information is to be used.
Except for a new collection, indicate the actual use the agency has made of the
information received from the current collection.
MSHA’s Hazard Communication (HazCom) standard (30 C.F.R. pt. 47) involves thirdparty information sharing. It requires mine operators and/or contractors to assess the
hazards of chemicals they produce or use and provide information to their miners
concerning the chemicals’ hazards. Mine operators and/or contractors must develop a
written hazard communication program that describes how they will inform miners of
chemical hazards and safe handling procedures through miner training, labeling
containers of hazardous chemicals, and that they will provide miners access to material
safety data sheets (MSDS).
The purpose of the information sharing is to provide miners with the right to know the
hazards and identities of the chemicals they are exposed to while working, as well as the
measures they can take to protect themselves from these hazards. Through HazCom,
mine operators and/or contractors also have the necessary information regarding the
hazards of chemicals present at their mines, so that work methods are improved or
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1219-0133
instituted to minimize exposure to these chemicals. HazCom provides miners with
access to this information, so that they can take appropriate action to protect themselves.
3.
Describe whether, and to what extent, the collection of information involves the
use of automated, electronic, mechanical, or other technological collection techniques
or other forms of information technology, e.g., permitting electronic submission of
responses, and the basis for the decision for adopting this means of collection. Also
describe any consideration of using information technology to reduce burden.
In order to comply with the Government Paperwork Elimination Act, mine operators
may retain their written HazCom program in whatever medium they choose including
utilization of computer technology. HazCom also allows for the electronic storage and
retrieval of information where such use does not interfere with the miner’s right to ready
access to the information in an emergency. Computer access can be used for the
requirements in this package, with the exception of the provision that requires mine
operators to label containers. MSHA does not know the extent to which mine operators
will utilize computer technology to comply with the requirements in this package.
However, with respect to the particular provision that requires mine operators to have
copies of MSDS for all hazardous chemicals present at the mine site, MSHA has
estimated that roughly half of these responses will be done with internet access. MSHA
also allows operators to use facsimile (fax), email, internet transfer, and other electronic
services to provide readily available MSDSs. Other data retention and transmission
technologies will be evaluated and approved as they become available.
4.
Describe efforts to identify duplication. Show specifically why any similar
information already available cannot be used or modified for use for the purposes
described in Item 2 above.
MSHA’s HazCom standard exempts consumer products and hazardous substances
labeled under regulations issued by the Consumer Products Safety Commission and
pesticides labeled under Environmental Protection Agency regulations, as well as
chemicals regulated by other Federal agencies.
•
Some states may have enforced their state’s hazard communication standard in
the mining industry. MSHA’s regulations do not pre-empt state requirements, except
when state requirements are in conflict with the Mine Act or its regulations. Unless such
conflicts are identified, HazCom programs developed for other regulatory agencies
usually satisfy the requirements of MSHA’s HazCom requirements. States may have
more stringent health and safety standards.
•
A significant number of mine operators have implemented hazard communication
programs as company policy. While some of these company programs adopt a cursory
approach to the problem, many are comprehensive and effective. Comprehensive,
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1219-0133
company-developed HazCom programs usually satisfy all requirements of MSHA’s
HazCom requirements.
•
Contractors are covered by the Occupational Safety and Health Administration’s
(OSHA’s) Hazard Communication Standard (HCS) when they work at sites other than
mining operations.
There are no other duplicate Federal requirements for hazard communication in the
mining industry. MSHA’s HazCom standard for the mining industry establishes
uniform Federal requirements for hazard communication. We designed our standard to
be consistent with OSHA’s so that a mine operator in compliance with OSHA’s standards
would also be in compliance with MSHA standards.
5.
If the collection of information impacts small businesses or other small entities
(Item 5 of OMB Form 83-I), describe any methods used to minimize burden.
This information collection does not have a significant impact on small businesses or
other small entities. However, MSHA has made available on its web-site various sources
of information, such as “Technical Assistance,” “Best Practices,” and an “Accident
Prevention” site. To assist with compliance, these sources provide tips and general
information on various topics which may assist the mine operator in reducing the
paperwork burden. Additionally, MSHA’s HazCom home page offers templates for a
HazCom written program and sample MSDS for various common small mine
commodities. MSHA also provides HazCom training videos for miners and mine
operators and our health specialists offer hands-on assistance on request.
6.
Describe the consequence to Federal program or policy activities if the
collection is not conducted or is conducted less frequently, as well as any technical or
legal obstacles to reducing burden.
If this collection (third-party disclosure) is not conducted, miners would be at increased
risk of harm from hazardous materials. This collection or sharing of chemical hazard
information is required only as needed to protect miners from hazards. HazCom does
not require periodic updates of the information if the hazards do not change. Most
written HazCom programs would need only occasional, minor revisions to keep them
up-to-date. Inaccurate labels or MSDSs can contribute to injuries or illnesses related to
the improper use, storage, or handling of hazardous chemicals. The purpose of the
HazCom is to share hazard information with miners. The burden is as low as feasible
without compromising the purpose of the standard.
7.
Explain any special circumstances that would cause an information collection to
be conducted in a manner—
•
requiring respondents to report information to the agency more often than
quarterly;
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•
•
•
•
•
•

•

requiring respondents to prepare a written response to a collection of information
in fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any
document;
requiring respondents to retain records, other than health, medical, government
contract, grant-in-aid, or tax records for more than three years;
in connection with a statistical survey, that is not designed to produce valid and
reliable results that can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and
approved by OMB;
that includes a pledge of confidentiality that is not supported by authority
established in statute or regulation, that is not supported by disclosure and data
security policies that are consistent with the pledge, or which unnecessarily
impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secret, or other confidential
information unless the agency can demonstrate that it has instituted procedures to
protect the information's confidentiality to the extent permitted by law.

This collection of information complies with 5 C.F.R. § 1320.5.
8.
If applicable, provide a copy and identify the data and page number of
publication in the Federal Register of the agency's notice, required by 5 C.F.R. §
1320.8(d), soliciting comments on the information collection prior to submission to
OMB. Summarize public comments received in response to that notice and describe
actions taken by the agency in response to these comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on
the availability of data, frequency of collection, the clarity of instructions and
recordkeeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained
or those who must compile records should occur at least once every 3 years -- even if
the collection of information activity is the same as in prior periods. There may be
circumstances that may preclude consultation in a specific situation. These
circumstances should be explained.
MSHA published a 60-day preclearance Federal Register notice on April 8, 2008
(Volume 73, Number 68, Pages 19104-19105), soliciting public comments regarding the
extension of this information collection. No comments were received.

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9.
Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
MSHA does not provide payments or gifts to respondents.
10.
Describe any assurance of confidentiality provided to respondents and the basis
for the assurance in statute, regulation, or agency policy.
Under 30 C.F.R. pt. 47 sbpt. I, confidentiality is available for trade secrets that operators
are required to disclose. Although HazCom normally permits operators to withhold
specific chemical identity information if it is a bona fide trade secret, trade secret
information must be disclosed to an exposed miner, the miner’s designated
representative, and a treating health professional under certain circumstances. In
medical emergencies, a treating health professional is entitled to receive the information
immediately. After the emergency is abated, the holder of the trade secret could require
the treating health professional to sign a written statement of need and a confidentiality
agreement.
MSHA would expect few trade secret claims under this rule. The Agency believes that
most operators produce single substances that are not proprietary.
11.
Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are commonly
considered private. This justification should include the reasons why the agency
considers the questions necessary, the specific uses to be made of the information, the
explanation to be given to persons from whom the information is requested, and any
steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
12.
Provide estimates of the hour burden of the collection of information. The
statement should:
• Indicate the number of respondents, frequency of response, annual hour
burden, and an explanation of how the burden was estimated. Unless directed
to do so, agencies should not conduct special surveys to obtain information on
which to base hour burden estimates. Consultation with a sample (fewer than
10) of potential respondents is desirable. If the hour burden on respondents is
expected to vary widely because of differences in activity, size, or complexity,
show the range of estimated hour burden, and explain the reasons for the
variance. Generally, estimates should not include burden hours for customary
and usual business practices.

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1219-0133
•
•

If this request for approval covers more than one form, provide separate hour
burden estimates for each form and aggregate the hour burdens in Item 13 of
OMB Form 83-I.
Provide estimates of annualized cost to respondents for the hour burdens for
collections of information, identifying and using appropriate wage rate
categories. The cost of contracting out or paying outside parties for information
collection activities should not be included here. Instead, this cost should be
included in Item 13.

HazCom is applicable to 1,977 surface and underground coal mines and coal facilities
employing 70,344 miners; 2,919 coal contracting firms employing 37,894 contractor
workers (Note: Coal Data is Current as of 12/31/2007); 12,518 surface and underground
metal and nonmetal (MNM) mines employing 184,693 miners; and 4,967 MNM
contracting firms employing 62,745 contract workers. These numbers are for the
2007calendar year.
Differences in total figures shown in the following charts are due to rounding. The data
were taken from the Regulatory Economic Analysis for the 2002 final rule and updated
using the most recent MSHA data. Salaries and wages are taken from 2006 Wages Survey
Report.
12.1. Section 47.31 Requirement for a HazCom Program. - Annual Burden Hours and
Costs for Existing Coal and MNM Operations to Update HazCom Program
Under this provision, mine operators and contractors working on mine property
periodically need to update their HazCom programs. With respect to coal operations,
MSHA estimates that 3,587 coal mines and coal-related contractors (collectively: coal
operations) employing fewer than 20 workers, 1,295 coal operations employing 20 to 500
workers, and 14 coal operations employing more than 500 workers, will update their
HazCom program annually. With respect to MNM operations, MSHA estimates that
14,010 operations and contractors employing fewer than 20 workers, 1,532 operations
employing 20 to 500 workers, and 3 operations employing more than 500 workers will
update their HazCom program annually.
On average, the estimated time to update the HazCom program is: one hour of a
supervisor’s time and 0.5 hours of a clerical worker’s time for operations employing
fewer than 20 workers; 2 hours of a supervisor’s time and 1 hour of a clerical worker’s
time for operations employing 20 to 500 workers; and 4 hours of a supervisor’s time and
2 hours of a clerical worker’s time for operations employing more than 500 workers.
The hourly wage rate at coal mines is $70.07 for a supervisor and $25.78 for a clerical
worker. The hourly wage rate at MNM mines is $55.27 for a supervisor and $23.42 for a
clerical worker.
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Listed below are the annual burden hours and related costs to update a mine operators
HazCom program.
COAL OPERATIONS
Burden Hours for Supervisor’s Time
3,587 respondents employing <20 x 1 response x
1 hour of supervisor’s time
1,295 respondents employing 20 to 500 x 1 response
x 2 hours of supervisor’s time
14 respondents employing >500 x 1 response
x 4 hours of supervisor’s time
Burden Hour Costs for Supervisor’s Time
3,587 hours x $70.07 supervisor’s wage/hour
2,590 hours x $70.07 supervisor’s wage/hour
56 hours x $70.07 supervisor’s wage/hour

= 3,587 hours
= 2,590 hours
=

56hours

= $251,341
= $181,481
= $ 3,924

Burden Hours for Clerical Worker’s Time
3,587 respondents employing <20 x 1 response x
0.5 hours of clerical worker’s time
1,295 respondents employing 20 to 500 x 1 response
x 1 hour of clerical worker’s time
14 respondent employing >500 x 1 response
x 2 hours of clerical worker’s time

=

1,295 hours

=

28 hours

Burden Hour Costs for Clerical Workers Time
1,794 hours x $25.78 clerical worker’s wage/hour
1,295 hours x $25.78 clerical worker’s wage/hour
28 hours x $25.78 clerical worker’s wage/hour

= $46,249
= $33,385
=$
722

= 1,794 hours

TOTAL Coal Hour Burden

9,350

MNM OPERATIONS
Burden Hours for Supervisor’s Time
14,010 respondents employing <20 x 1 response x
1 hour of supervisor’s time
1,532 respondents employing 20 to 500 x 1 response
x 2 hours of supervisor’s time
3 respondents employing >500 x 1 response
x 4 hours of supervisor’s time

June 2008
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= 14,010 hours
= 3,064 hours
=

12 hours

1219-0133
Burden Hour Costs for Supervisor’s Time
14,010 hours x $55.27 supervisor’s wage/hour
3,064 hours x $55.27 supervisor’s wage/hour
12 hours x $55.27 supervisor’s wage/hour

= $774,333
= $169,347
=$
663

Burden Hours for Clerical Worker’s Time
14,010 respondents employing <20 x 1 response x
0.5 hours of clerical worker’s time
1,532 respondents employing 20 to 500 x 1 response
x 1 hour of clerical worker’s time
3 respondents employing >500 x 1 response
x 2 hours of clerical worker’s time

=

Burden Hour Costs for Clerical Workers Time
7,005 hours x $23.42 clerical worker’s wage/hour
1,532 hours x $23.42 clerical worker’s wage/hour
6 hours x $23.42 clerical worker’s wage/hour

= $164,057
= $ 35,879
=$
141

TOTAL MNM Hour Burden
TOTAL Burden Hours for Existing Operations
to Update HazCom Plan
TOTAL Burden Hour Costs for Existing Operations
to Update HazCom Plan

= 7,005 hours
= 1,532 hours
6 hours

25,629
= 34,979 hours
= $1,662,082

12.2. Section 47.31 Requirement for a HazCom Program. - Annual Burden Hours and
Costs for New Operations to Develop a HazCom Program
All new mine operators are required to develop a HazCom program under this
provision. With respect to coal operations, MSHA estimates that 227 new coal operations
employing fewer than 20 workers, and 73 new coal operations employing 20 to 500
workers, will develop a HazCom program annually. With respect to MNM operations,
MSHA estimates that 570 new operations employing fewer than 20 workers, and 19 new
operations employing 20 to 500 workers will develop a HazCom program annually.
On average, the estimated time to develop a HazCom program is: 8 hours of a
supervisor’s time and 4 hours of a clerical worker’s time for operations employing fewer
than 20 workers and 16 hours of a supervisor’s time and 8 hours of a clerical worker’s
time for operations employing 20 to 500 workers. The hourly wage rate is $70.07 for a
supervisor and $25.78 for a clerical worker at coal mines. The hourly wage rate is $55.27
for a supervisor and $23.42 for a clerical worker at MNM operations.
Listed below are the annual burden hours and costs for new mines to develop a HazCom
program.
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COAL OPERATIONS
Burden Hours for Supervisor’s Time
227 respondents employing <20 x 1 response
x 8 hours of supervisor’s time
73 respondents employing 20 to 500 x 1 response
x 16 hours of supervisor’s time
Burden Hour Costs for Supervisor’s Time
1,816 hours x $70.07 supervisor’s wage/hour
1,168 hours x $70.07 supervisor’s wage/hour

= 1,816 hours
= 1,168 hours

= $127,247
= $ 81,842

Burden Hours for Clerical Worker’s Time
227 respondents employing <20 x 1 response
x 4 hours of clerical worker’s time
73 respondents employing 20 to 500 x 1 response
x 8 hours of clerical worker’s time

= 584 hours

Burden Hour Costs for Clerical Workers Time
908 hours x $25.78 clerical worker’s wage/hour
584 hours x $25.78 clerical worker’s wage/hour

= $23,408
= $15,056

TOTAL Coal Hour Burden

= 908 hours

4,476

MNM OPERATIONS
Burden Hours for Supervisor’s Time
570 respondents employing <20 x 1 response
x 8 hours of supervisor’s time
19 respondents employing 20 to 500 x 1 response
x 16 hours of supervisor’s time
Burden Hour Costs for Supervisor’s Time
4,560 hours x $55.27 supervisor’s wage/hour
304 hours x $55.27 supervisor’s wage/hour
Burden Hours for Clerical Worker’s Time
570 respondents employing <20 x 1 response
x 4 hours of clerical worker’s time
19 respondents employing 20 to 500 x 1 response
x 8 hours of clerical worker’s time
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= 4,560 hours
= 304 hours

= $252,031
= $ 16,802

= 2,280 hours
= 152 hours

1219-0133
Burden Hour Costs for Clerical Workers Time
2,280 hours x $23.42 clerical worker’s wage/hour
152 hours x $23.42 clerical worker’s wage/hour

= $53,398
= $ 3,560

TOTAL MNM Burden Hours
Total Burden Hours for New Mines
to Develop HazCom Plan
Total Burden Hour Costs for New Mines
to Develop HazCom Plan

7,296
= 11,772 hours
= $573,344

12.3. Section 47.41 Requirement for Container Labels - Annual Burden Hours and
Costs to Label Containers
Mine operators are required to ensure that all containers of hazardous chemical are
appropriately labeled. With respect to coal operations, MSHA estimates that 1,435 coal
operations employing fewer than 20 workers, 348 coal operations employing 20 to 500
workers, and 9 operation employing more than 500 workers will need to label containers
annually. With respect to MNM operations, MSHA estimates that 3,723 operations
employing fewer than 20 workers, 364 operations employing 20 to 500 workers, and 2
operations employing more than 500 workers will need to label containers annually. For
all operations in each size category, MSHA estimates it will take a supervisor 0.2 hours to
verify or fill-out the label information and apply it to a container.
It is estimated that of 50% of containers at coal and MNM operations employing fewer
than 20 workers; 35% of containers at operations employing between 20 and 500 workers;
and 25% of containers at operations employing more than 500 workers will need
labeling. On average, there are 4 containers at a coal operation employing fewer than 20
workers; 52 containers at a coal operation employing 20 to 500 workers; and 567
containers at a coal operation employing more than 500 workers. At MNM operations,
there are about 5 containers at an operation employing fewer than 20 workers; 50
containers at an operation employing 20 to 500 workers; and 855 containers at an
operation employing more than 500 workers. The hourly wage rate for supervisory
health and safety personnel is $70.07 at coal operations, and $55.27 at MNM operations.
Listed below are the annual burden hours and related costs to label containers.
COAL OPERATIONS
Burden Hours for Supervisor’s Time
1,435 respondents employing <20 x 2 containers
x 0.2 hours/response
348 respondents employing 20 to 500 x 18.2 containers
x 0.2 hours/response
June 2008
10

= 574 hours
= 1,267 hours

1219-0133
9 respondent employing >500 x 141.75 containers
x 0.2 hours/response

= 255 hours

Burden Hour Costs for Supervisor’s Time
574.00 hours x $70.07 supervisor’s wage/hour
1,266.67 hours x $70.07 supervisor’s wage/hour
255.15 hours x $70.07 supervisor’s wage/hour

= $40,220
= $88,756
= $17,878

Total Coal Burden Hours

2,096

MNM OPERATIONS
Burden Hours for Supervisor’s Time
3,723 respondents employing <20 x 2.5 containers
x 0.2 hours/response
364 respondents employing 20 to 500 x 17.5 containers
x 0.2 hours/response
2 respondents employing >500 x 213.75 containers
x 0.2 hours/response
Burden Hour Costs for Supervisor’s Time
1,861.50 hours x $55.27 supervisor’s wage/hour
1,274.00 hours x $55.27 supervisor’s wage/hour
85.50 hours x $55.27 supervisor’s wage/hour
Total MNM Burden Hours
Total Burden Hours to Label Containers
Total Burden Hour Costs to Label Containers

= 1,8612hours
= 1,274 hours
=

86 hours

= $102,855
= $70,414
= $ 4,726
3,222
= 5,318 hours
= $324,849

12.4. Section 47.51 Requirement for an MSDS – Annual Burden Hours and Costs to
Develop MSDSs for Chemicals Produced at Existing Operations
Mine operators are required to develop or acquire a Material Safety Data Sheet (MSDS)
for each hazardous chemical that they produce or use.
With respect to coal operations, MSHA estimates that 3,485 coal operations employing
fewer than 20 workers, 946 coal operations employing 20 to 500 workers, and 9 operation
employing more than 500 workers will need to update MSDS’s for the chemicals they
produce or use at the mine annually. With respect to MNM operations, MSHA estimates
that 7,114 operations employing fewer than 20 workers, 638 operations employing 20 to
500 workers, and 2 operations employing more than 500 workers will need to update
MSDS’s for chemicals they produce or use at the mine annually.
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On average, the estimated number of chemicals produced at coal operations are as
follows: 0.25 chemicals for an operation employing fewer than 20 workers; 0.5 chemicals
for an operation employing 20 to 500 workers; and 0.75 chemicals for an operation
employing more than 500 workers. On average, the estimated number of chemicals
produced at MNM operations are as follows: 0.25 chemicals for an operation employing
fewer than 20 workers; 1 chemical for an operation employing 20 to 500 workers; and
1.5 chemicals for an operation employing more than 500 workers.
On average, MSHA estimates that it takes 1 hour of a supervisor’s time, and 0.5 hours of
a clerical worker’s time to update MSDSs. The hourly wage rate is $70.07 for a
supervisor and $25.78 for a clerical worker at coal mine operations. The hourly wage rate
is $55.27 for a supervisor and $23.42 for a clerical worker at MNM operations.
Listed below are the annual burden hours and costs for updating MSDSs.
COAL OPERATIONS
Burden Hours for Supervisor’s Time
3,485 respondents employing <20 x 0.25 MSDS to
update/respondent x 1 hour to update MSDS
946 respondents employing 20 to 500 x 0.5 MSDSs to
update/respondent x 1 hour to update MSDS
9 respondent employing >500 x 0.75 MSDSs to
update/respondent x 1 hour to update MSDS

=

Burden Hour Costs for Supervisor’s Time
871.25 hours x $70.07 supervisor’s wage/hour
473.00 hours x $70.07 supervisor’s wage/hour
6.75 hours x $70.07 supervisor’s wage/hour

= $61,048
= $33,143
=$
473

= 871 hours
= 473 hours
7 hours

Burden Hours for Clerical Worker’s Time
3,485 respondents employing <20 x 0.25 MSDS to
update/respondent x 0.5 hours to update MSDS
946 respondents employing 20 to 500 x 0.5 MSDSs to
update/respondent x 0.5 hours to update MSDS
9 respondent employing >500 x 0.75 MSDSs to
update/respondent x 0.5 hours to update MSDS

=

Burden Hour Costs for Clerical Worker’s Time
435.63 hours x $25.78 clerical worker’s wage/hour
236.50 hours x $25.78 clerical worker’s wage/hour
3.38 hours x $25.78 clerical worker’s wage/hour

= $11,231
= $ 6,097
=$
87

June 2008
12

= 436 hours
= 237 hours
3 hours

1219-0133
Total Coal Burden Hours

2,027

MNM OPERATIONS
Burden Hours for Supervisor’s Time
7,114 respondents employing <20 x 0.25 MSDS to
update/respondent x 1 hour to update MSDS
638 respondents employing 20 to 500 x 1 MSDSs to
update/respondent x 1 hour to update MSDS
2 respondents employing >500 x 1.5 MSDSs to
update/respondent x 1 hour to update MSDS

=

638 hours

=

3 hours

Burden Hour Costs for Supervisor’s Time
1,778.5 hours x $55.27 supervisor’s wage/hour
638.0 hours x $55.27 supervisor’s wage/hour
3.0 hours x $55.27 supervisor’s wage/hour

= $98,298
= $35,262
= $ 166

= 1,779 hours

Burden Hours for Clerical Worker’s Time
7,114 respondents employing <20 x 0.25 MSDS to
update/respondent x 0.5 hours to update MSDS
638 respondents employing 20 to 500 x 1 MSDS to
update/respondent x 0.5 hour. to update MSDS
2 respondents employing >500 x 1.5 MSDSs to
update/respondent x 0.5 hours to update MSDS

=

Burden Hour Costs for Clerical Worker’s Time
889.25 hours x $23.42 clerical worker’s wage/hour
319.00 hours x $23.42 clerical worker’s wage/hour
1.5 hours x $23.42 clerical worker’s wage/hour

= $20,862
= $ 7,471
=$
35

Total MNM Burden Hours
Total Burden Hours to Update MSDSs
Total Burden Hour Costs to Update MSDSs

= 889 hours
= 319 hours
2 hours

3,630
= 5,657 hours
= $274,173

12.5. Section 47.51 Requirement for an MSDS - Annual Burden Hours and Costs for
MSDS Development of Chemicals Produced at New Mines
All new mine operators must create an MSDS for each hazardous chemical produced at
their mine site. With respect to coal mines, MSHA estimates that 227 mines employing
fewer than 20 workers, and 73 mines employing between 20 and 500 workers will open
annually. With respect to MNM mines, 570 mines employing fewer than 20 workers, and
19 mines employing between 20 and 500 workers will open annually.
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1219-0133
On average, MSHA estimates that it will take a supervisor 2 hours to develop an MSDS
and a clerical worker 1 hour to prepare it. On average, the Agency estimates that there
will be 1 chemical created at each new small coal and MNM mine; 2 chemicals for each
new coal mine employing 20-500 workers; and 4 chemicals for each new MNM mine
employing 20-500 workers annually.
The hourly wage rate is $70.07 for a supervisor and $25.78 for a clerical worker at coal
mine operations. The hourly wage rate is $55.27 for a supervisor and $23.42 for a clerical
worker at MNM operations.
Listed below are the annual burden hours and costs for MSDS development of chemicals
produced at new mines.
COAL OPERATIONS
Burden Hours for Supervisor’s Time
227 respondents employing <20 x 1 response
x 2 hours/response
73 respondents employing 20 to 500 x 2 responses
x 2 hours/response
Burden Hour Costs for Supervisor’s Time
454 hours x $70.07 supervisor’s wage/hour
292 hours x $70.07 supervisor’s wage/hour
Burden Hours for Clerical Worker’s Time
227 respondents employing <20 x 1 response
x 1 hour/response
73 respondents employing 20 to 500 x 2 responses
x 1 hour/response
Burden Hour Costs for Clerical Worker’s Time
227 hours x $25.78 clerical worker’s wage/hour
146 hours x $25.78 clerical worker’s wage/hour
Total Coal Burden Hours

= 454 hours
= 292 hours

= $31,812
= $20,460

= 227 hours
= 146 hours

= $5,852
= $3,764
1,119

MNM OPERATIONS
Burden Hours for Supervisor’s Time
570 respondents employing <20 x 1 response
x 2 hours/response
19 respondents employing 20 to 500 x 4 responses
June 2008
14

= 1,140 hours

1219-0133
x 2 hours/response
Burden Hour Costs for Supervisor’s Time
1,140 hours x $55.27 supervisor’s wage/hour
152 hours x $55.27 supervisor’s wage/hour
Burden Hours for Clerical Worker’s Time
570 respondents employing <20 x 1 response
x 1 hour/response
19 respondents employing 20 to 500 x 4 responses
x 1 hour/response
Burden Hour Costs for Clerical Worker’s Time
570 hours x $23.42 clerical worker’s wage/hour
76 hours x $23.42 clerical worker’s wage/hour
Total MNM Burden Hours
Total Burden Hours for New Mines
to Develop MSDSs
Total Burden Hour Costs for New Mines
To Develop MSDSs

= 152 hours

= $63,008
= $ 8,401

= 570 hours
= 76 hours

= $13,349
= $ 1,780
1,938
= 3,057 hours
= $148,426

12.6. Section 47.51 Requirement for an MSDS – Annual Burden Hours and Costs for
Mines to Obtain MSDS’s
This provision requires mine operators to have copies of MSDSs for all hazardous
chemicals present at the mine and to maintain availability of those MSDS’s for all
affected miners. OSHA and other federal and state regulatory agencies require chemical
manufacturers to supply one or more copies of applicable MSDS’s upon purchase and
delivery of their products.
MSHA has determined that there is no additional burden to mine operators that has not
been addressed by the requirements to develop, update, and maintain a HazCom
Program.
12.7(a).
Section 47.51 Requirement for an MSDS - Annual Burden Hours and
Costs for Coal and MNM Operations, with Internet Access, to Maintain MSDS’s
Under this provision, mine operators are required to maintain MSDS’s. With respect to
coal operations with internet access, MSHA estimates that 1,743 coal operations
employing fewer than 20 workers, 861 coal operations employing 20 to 500 workers, and
14 operation employing more than 500 workers will need to maintain MSDS’s annually.
With respect to MNM operations with internet access, MSHA estimates that 3,557
June 2008
15

1219-0133
operations employing fewer than 20 workers, 574 operations employing 20 to 500
workers, and 2 operations employing more than 500 workers will need to maintain
MSDS’s annually.
For either a coal or MNM operations with internet access in all mine size categories,
MSHA estimates that it takes a clerical worker about 15 minutes (0.25 hours) annually to
maintain MSDS’s. The hourly wage rate is $25.78 for a clerical worker at a coal operation
and $21.15 for a clerical worker at a MNM operation.
Listed below are the annual burden hours and related costs for operations, with internet
access, to maintain MSDS’s.
COAL OPERATIONS
Burden Hours for Clerical Worker’s Time
1,743 respondents employing <20 x 1 response
x 0.25 hours/response
861 respondents employing 20 to 500 x 1 response
x 0.25 hours/response
14 respondent employing >500 x 1 response
x 0.25 hours/response
Burden Hour Costs for Clerical Worker’s Time
435.75 hours x $25.78 clerical workers’ wage/hour
215.25 hours x $25.78 clerical worker’s wage/hour
3.50 hours x $25.78 clerical worker’s wage/hour

= 436 hours
= 215 hours
=

4 hours

= $11,234
= $ 5,549
=$
90

Total Coal Burden Hours

655

MNM OPERATIONS
Burden Hours for Clerical Worker’s Time
3,557 respondents employing <20 x 1 response
x 0.25 hours/response
574 respondents employing 20 to 500 x 1 response
x 0.25 hours/response
2 respondents employing >500 x 1 response
x 0.25 hours/response

=

Burden Hour Costs for Clerical Worker’s Time
889.25 hours x $23.42 clerical workers’ wage/hour
143.50 hours x $23.42 clerical worker’s wage/hour
0.50 hours x $23.42 clerical worker’s wage/hour

= $20,826
= $ 3,361
=$
12

June 2008
16

= 889 hours
= 144 hours
1 hour

1219-0133

Total MNM Burden Hours
Total Burden Hours for Operations, with
Internet Access, to Maintain MSDS’s
Total Burden Hour Costs for Operations, with
Internet Access, to Maintain MSDS’s

1,034
= 1,689 hours
= $41,073

12.7(b).
Section 47.51 Requirement for an MSDS - Annual Burden Hours and
Costs for Coal and MNM Operations, without Internet Access, to Maintain MSDS’s
With respect to coal operations without internet access, MSHA estimates that 1,743 coal
operations employing fewer than 20 workers, and 95 coal operations employing 20 to
500 workers will need to maintain MSDS’s annually. With respect to MNM operations
without internet access, MSHA estimates that 3,557 operations employing fewer than 20
workers, and 64 operations employing 20 to 500 workers will need to maintain MSDS’s
annually.
For either coal or MNM operations without internet access in all mine size categories,
MSHA estimates that it takes a clerical worker about 3 minutes (0.05 hours) to maintain
an MSDS. On average, the Agency estimates there are 40 MSDS’s per coal or MNM
operation that employs fewer than 20 workers and 70 MSDS’s per coal or MNM
operation that employs 20 to 500 workers. The hourly wage rate is $25.78 for a clerical
worker at a coal operation and $21.15 for a clerical worker at a MNM operation.
Listed below are the annual burden hours and related costs for maintaining MSDS’s at
operations, without internet access.
COAL OPERATIONS
Burden Hours for Clerical Worker’s Time
1,743 respondents employing <20 x 40 responses
x 0.05 hours/response
95 respondents employing 20 to 500 x 70 responses
x 0.05 hours/response

= 333 hours

Burden Hour Costs for Clerical Worker’s Time
3,486.0 hours x $25.78 clerical workers’ wage/hour
332.5 hours x $25.78 clerical worker’s wage/hour

= $89,869
= $ 8,572

Total Coal Burden Hours

= 3,486

hours

3,819

MNM OPERATIONS
June 2008
17

1219-0133
Burden Hours for Clerical Worker’s Time
3,557 respondents employing <20 x 40 responses
x 0.05 hours/response
64 respondents employing 20 to 500 x 70 responses
x 0.05 hours/response
Burden Hour Costs for Clerical Worker’s Time
7,114 hours x $23.42 clerical workers’ wage/hour
224 hours x $23.42 clerical worker’s wage/hour
Total MNM Burden Hours
Total Burden Hours for Operations, without
Internet Access, to Maintain MSDS’s
Total Burden Hour Costs for Operations, without
Internet Access, to Maintain MSDS’s

= 7,114 hours
= 224 hours

= $166,610
= $ 5,246
7,338
= 11,157 hours
= $273,783

12.7(c).
Section 47.55 Requirement for an MSDS - Annual Burden Hours and
Costs for Coal and MNM Operations, without Internet Access, to Remove MSDS’s
Under 30 C.F.R. §47.55 operators must notify miners at least 3 months before disposing of
an MSDS. MSHA assumes that only operators without Internet access will remove
MSDS’s. (Operations with Internet access are assumed to retain all the MSDS’s in their
electronic database.)
With respect to coal operations without internet access, MSHA estimates that 1,743 (coal
operations employing fewer than 20 workers, and 95 coal operations employing 20 to 500
workers will prepare MSDS removal announcements annually. With respect to MNM
operations without internet access, MSHA estimates that 3,557 operations employing
fewer than 20 workers, and 64 operations employing 20 to 500 workers will prepare
MSDS removal announcements annually.
For all coal or MNM operations, without internet access, in all size categories, MSHA
estimate that it takes a supervisor 3 minutes (0.05 hours) to prepare an MSDS removal
announcement. On average, each year, for either coal or MNM operations, MSHA
estimates that operations employing fewer than 20 workers will remove 10 MSDS’s, and
operations employing between 20 and 500 workers will remove about 18 MSDS’s. The
hourly wage rate for a supervisor is $70.07 at a coal operation, and 45.73 at a MNM
operation.
Listed below are the annual burden hours and related costs for operators to prepare
MSDS removal announcements without internet access.
COAL OPERATIONS
June 2008
18

1219-0133

Burden Hours for Supervisor’s Time
1,743 respondents employing <20 x 10 responses
x 0.05 hours/response
95 respondents employing 20 to 500 x 18 responses
x 0.05 hours/response

= 86 hours

Burden Hour Costs for Supervisor’s Time
871.5 hours x $70.07 supervisor’s wage/hour
85..5 hours x $70.07 supervisor’s wage/hour

= $61,066
= $ 5,991

= 872 hours

Total Coal Burden Hours

958

MNM OPERATIONS
Burden Hours for Supervisor’s Time
3,557 respondents employing <20 x 10 responses
x 0.05 hours/response
64 respondents employing 20 to 500 x 18 responses
x 0.05 hours/response

=

Burden Hour Costs for Supervisor’s Time
1,778.5 hours x $55.27 clerical workers’ wage/hour
57.6 hours x $55.27 clerical worker’s wage/hour

= $98,298
= $ 3,138

Total MNM Burden Hours

= 1,779 hours
58 hours

1,837

Total Burden Hours for Operations, Without Internet
Access, to Prepare MSDS Removal Announcements = 2,795 hours
Total Burden Hour Costs for Operations, Without Internet
Access, to Prepare MSDS Removal Announcements = $168,493
12.8. Section 47.32(a)(4) Requirement for HazCom Training - Annual Burden Hours
and Costs to Administer HazCom Training Program for New and Existing Mines
Mine operators need time to manage and administer the HazCom training program each
year. The administrative time requirements include preparing, copying, distributing,
and maintaining training certificates, transcripts, and other associated records. With
respect to coal operations, MSHA estimates that 3,329 coal operations employing fewer
than 20 workers, 743 coal operations employing 20 to 500 workers, and 4 coal operations
employing more than 500 workers will need to administer a HazCom training program
annually. With respect to MNM operations, MSHA estimates that 11,680 operations
employing fewer than 20 workers, 1,193 operations employing 20 to 500 workers, and
June 2008
19

1219-0133
2 operations employing more than 500 workers will need to administer a HazCom
training program annually.
On average, with respect to either coal or MNM, MSHA operations, MSHA estimates
that for the administration related to the paperwork for the training program takes:
0.25 hour of a supervisor’s time and 0..25 hours of a clerical worker’s time for operations
employing fewer than 20 workers; 0.5 hours of a supervisor’s time and 0.5 hour of a
clerical worker’s time for operations employing 20 to 500 workers; and 1 hour of a
supervisor’s time and 2 hours of a clerical worker’s time for operations employing more
than 500 workers.
For coal operations, the hourly wage rate is $70.07 for a supervisor and $25.78 for a
clerical worker. For MNM operations, the hourly wage rate is $55.27 for a supervisor and
$23.42 for a clerical worker.
Listed below are the annual burden hours and related costs to administer the paperwork
related requirements of a HazCom training program.
COAL OPERATIONS
Burden Hours for Supervisor’s Time
3,329 respondents employing <20 x 1 response
x 0.25 hour/response
743 respondents employing 20 to 500 x 1 response
x 0.5 hours/response
4 respondents employing >500 x 1 response
x 1 hours/response
Burden Hour Costs for Supervisor’s Time
832 hours x $70.07 supervisor’s wage/hour
372 hours x $70.07 supervisor’s wage/hour
4 hours x $70.07 supervisor’s wage/hour
Burden Hours for Clerical Worker’s Time
3,329 respondents employing <20 x 1 response
x 0.25 hours/response
743 respondents employing 20 to 500 x 1 response
x 0.50 hour/response
4 respondents employing >500 x 1 response
x 2 hours/response
Burden Hour Costs for Clerical Worker’s Time
832 hours x $25.78 clerical worker’s wage/hour
June 2008
20

= 832 hours
= 372 hours
=

4 hours

= $58,290
= $26,066
= $ 280

= 832 hours
= 372 hours
=

= $21,449

8 hours

1219-0133
743 hours x $25.78 clerical worker’s wage/hour
8 hours x $25.78 clerical worker’s wage/hour

= $19,155
= $ 206

Total Coal Burden Hours

2,420

MNM OPERATIONS
Burden Hours for Supervisor’s Time
11,680 respondents employing <20 x 1 response
x 0.25 hour/response
1,193 respondents employing 20 to 500 x 1 response
x 0.5 hours/response
2 respondents employing >500 x 1 response
x1 hours/response

=

Burden Hour Costs for Supervisor’s Time
2,920 hours x $55.27 supervisor’s wage/hour
597 hours x $55.27 supervisor’s wage/hour
2 hours x $55.27 supervisor’s wage/hour

= $161,388
= $ 32,996
=$
111

Burden Hours for Clerical Worker’s Time
11,680 respondents employing <20 x 1 response
x 0.25 hours/response
1,193 respondents employing 20 to 500 x 1 response
x 0.5 hour/response
2 respondents employing >500 x 1 response
x 2 hours/response
Burden Hour Costs for Clerical Worker’s Time
2,920 hours x $23.42 clerical worker’s wage/hour
597 hours x $23.42 clerical worker’s wage/hour
4 hours x $23.42 clerical worker’s wage/hour
Total MNM Burden Hours
Total Burden Hours To Administer Annual
HazCom Training
Total Burden Hour Costs To Administer Annual
HazCom Training

= 2,920 hours
= 597 hours
2 hours

= 2,920 hours
= 597 hours
=

4 hours

= $68,386
= $ 13,982
=$
94
7,040
= 9,460 hours
= $402,403

12.9. Section 47.71 Access to HazCom Materials - Annual Burden Hours and Costs for
Providing Copies of HazCom Information to Miners and Designated Representatives

June 2008
21

1219-0133
Mine operators must make copies of HazCom information available to miners and
designated miner’s representatives who request the information.
With respect to coal operations, MSHA estimates that 3,632 coal operations employing
fewer than 20 workers, 1,206 coal operations employing 20 to 500 workers, and 12 coal
operations employing more than 500 workers will need to provide copies of HazCom
information to miners who request them, annually. With respect to MNM operations,
13,283 operations employing fewer than 20 workers, 1,175 operations employing 20 to
500 workers, and 6 operations employing more than 500 workers will need to provide
copies of HazCom information to miners who request them, annually.
On average, for either coal or MNM operations, in all size categories, MSHA estimates
that it takes an average of 0.2 hours of a clerical worker’s time to process a HazCom
information request from each miner. The Agency also estimates that 2 percent of miners
(including designated representatives) in each size category will request such
information. The average numbers of miners per operation are as follows: 5 miners per
coal operation and 5 miners per MNM operation employing fewer than 20 workers; 64
miners per coal operation and 49 miners per MNM operation employing 20 to 500
workers; 589 miners per coal operation and 696 miners per MNM operation employing
more than 500 workers.
For coal operations the hourly wage rate is $25.78 for a clerical worker. For MNM
operations the hourly wage rate is $23.42 for a clerical worker.
Listed below are the annual burden hours and related costs for providing copies of
HazCom information to miners.
COAL OPERATIONS
Burden Hours for Clerical Worker’s Time
3,632 respondents employing <20 x 0.10 responses
x 0.20 hours/response
1,206 respondents employing 20 to 500 x 1.32 responses
x 0.20 hours/response
12 respondents employing >500 x 11.78 responses
x 0.20 hours/response
Burden Hour Costs for Clerical Worker’s Time
72.64 hours x $25.78 clerical worker’s wage/hour
318.38 hours x $25.78 clerical worker’s wage/hour
28.27hours x $25.78 clerical worker’s wage/hour
Total Coal Burden Hours

= 73 hours
= 318 hours
= 28 hours

= $1,873
= $8,207
= $ 729
419

June 2008
22

1219-0133

MNM OPERATIONS
Burden Hours for Clerical Worker’s Time
13,283 respondents employing <20 x 0.10 responses
x 0.20 hours/response
1,175 respondents employing 20 to 500 x 0.98 responses
x 0.20 hours/response
11 respondents employing >500 x 13.92 responses
x 0.20 hours/response
Burden Hour Costs for Clerical Worker’s Time
265.66 hours x $23.42 clerical worker’s wage/hour
230.30 hours x $23.42 clerical worker’s wage/hour
30.62 hours x $23.42 clerical worker’s wage/hour
Total MNM Burden Hours
Total Burden Hours for Operations to Provide
Information to Workers
Total Burden Hour Costs for Operations to Provide
Information to Workers

= 266 hours
= 230 hours
= 31 hours

= $6,222
= $5,394
= $ 717
527
= 946 hours
= $23,142

12.10. Section 47.73 Providing Labels and MSDS’s to Customers - Annual Burden
Hours and Costs for Operations to Distribute Copies of HazCom Labeling Information
and MSDS’s to Customers
Mine operators must distribute copies of HazCom labeling information and MSDS’s to
customers who request them.
With respect to coal operations, MSHA estimates that 3,632 coal operations employing
fewer than 20 workers, 1,206 coal operations employing 20 to 500 workers, and 12 coal
operations employing more than 500 workers, will need to provide copies of HazCom
labeling information and MSDS’s to customers annually. With respect to MNM
operations, MSHA estimates that 13,283 operators employing fewer than 20 workers,
1,175 operations employing 20 to 500 workers, and 11 operations employing more than
500 workers will need to provide copies of HazCom labeling information and MSDS’s to
customers annually.
On average, for either coal or MNM operations, in all size categories, MSHA estimates
that it takes 0.2 hours of a clerical worker’s time to copy and distribute HazCom labeling
information or MSDS’s to a customer.

June 2008
23

1219-0133
On average, with respect to coal operations, MSHA estimates the number of customers
making requests is: 12 for operations employing fewer than 20 workers; 24 for
operations employing 20 to 500 workers; and 52 for operations employing more than 500
workers. On average, with respect to MNM, MSHA estimates the number of customers
making requests is: 24 for operations employing fewer than 20 workers; 52 for
operations employing 20 to 500 workers; and 104 for operations employing more than
500 workers. For coal operations the hourly wage rate is $25.78 for a clerical worker. For
MNM operations the hourly wage rate is $23.42 for a clerical worker.
Listed below are the annual burden hours and related costs for operations to provide
copies of HazCom information to customers.
COAL OPERATIONS
Burden Hours for Clerical Worker’s Time
3,632 respondents employing <20 x 12 responses
x .2 hrs/response
1,206 respondents employing 20 to 500 x 24 responses
x .2 hrs/response
12 respondents employing >500 x 52 responses
x .2 hrs/response
Burden Hour Costs for Clerical Worker’s Time
8,716.80 hours x $25.78 clerical worker’s wage/hour
5,788.80 hours x $25.78 clerical worker’s wage/hour
124.80 hours x $25.78 clerical worker’s wage/hour

= 8,717hours
= 5,789 hours
=

125 hours

= $224,719
= $149,235
= $ 3,217

Total Coal Burden Hours

14,631

MNM OPERATIONS
Burden Hours for Clerical Worker’s Time
13,283 respondents employing <20 x 24 responses
x .2 hrs/response
1,175 respondents employing 20 to 500 x 52 responses
x .2 hrs/response
11 respondents employing >500 x 104 responses
x .2 hrs/response
Burden Hour Costs for Clerical Worker’s Time
63,758.40 hours x $23.42 clerical worker’s wage/hour
12,220.00 hours x $23.42 clerical worker’s wage/hour
228.80 hours x $23.42 clerical worker’s wage/hour
June 2008
24

= 63,758 hours
= 12,220 hours
=

229 hours

= $1,493,222
= $ 286,192
=$
5,359

1219-0133

Total MNM Burden Hours

76,207

Total Burden Hours for Operations to Distribute Labeling
and MSDS Information to Customers
= 90,838 hours
Total Burden Hour Costs for Operations to Distribute Labeling
and MSDS Information to Customers
= $2,161,944
Section

Coal/MNM

Responses

Hours

Section
Total

47.31 - Update

Coal
MNM

4896
15545

9,350
25,629

34,979

Coal
MNM

300
589

4,476
7,296

11,772

Coal
MNM

1792
4089

2096
3222

5,318

Coal
MNM

4440
7754

2,027
3,630

5,657

Coal
MNM

300
589

1,119
1,938

3,057

47.51 - Maintain w/
Internet
Coal
MNM

2618
4133

655
1,034

1,689

47.51 Maintain w/o
Internet
Coal
MNM

1838
3621

3819
7338

11,157

Coal
MNM

1838
3621

958
1837

2,795

Coal
MNM

4076
12875

2420
7040

9,460

Coal
MNM

4850
14469

419
527

946

47.31 - New

47.41

47.51 - Existing

47.51 - New

47.55 Remove

47.32 Training

47.71 Copies

June 2008
25

1219-0133

47.73 Labels

Coal
MNM

TOTAL BURDEN HOURS

4850
14469

14631
76207

813,753

////////////// 177,668

TOTAL BURDEN HOURS
TOTAL BURDEN HOUR COSTS

90,838

= 177,668 hours
= $6,053,712

13.
Provide an estimate of the total annual cost burden to respondents or record
keepers resulting from the collection of information. (Do not include the cost of any
hour burden shown in Items 12 and 14).
• The cost estimate should be split into two components: (a) a total capital and
start-up cost component (annualized over its expected useful life); and (b) a total
operation and maintenance and purchase of services component. The estimates
should take into account costs associated with generating, maintaining, and
disclosing or providing the information. Include descriptions of methods used
to estimate major cost factors including system and technology acquisition,
expected useful life of capital equipment, the discount rate(s), and the time
period over which costs will be incurred. Capital and start-up costs include,
among other items, preparations for collecting information such as purchasing
computers and software; monitoring, sampling, drilling and testing equipment;
and record storage facilities.
• If cost estimates are expected to vary widely, agencies should present ranges of
cost burdens and explain the reasons for the variance. The cost of purchasing or
contracting out information collection services should be a part of this cost
burden estimate. In developing cost burden estimates, agencies may consult
with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB
submission public comment process and use existing economic or regulatory
impact analysis associated with the rulemaking containing the information
collection, as appropriate.
Generally, estimates should not include purchases of equipment or services, or
portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory
compliance with requirements not associated with the information collection, (3) for
reasons other than to provide information or keep records for the government, or (4) as
part of customary and usual business or private practices.
SECTION 47.31 HAZCOM PROGRAM
13.1. Annual Burden Material Costs For New Operations to Develop a HazCom
Program
June 2008
26

1219-0133
Under this section, each year, new operations will need to develop a HazCom Program.
With respect to coal operations, MSHA estimates that: 227 coal operations employing
fewer than 20 workers; and 73 coal operations that employ 20 to 500 workers, will need
to update their HazCom program annually. With respect to MNM operations, MSHA
estimates that: 570 operations employing fewer than 20 workers, and 19 operations
employing 20 to 500 workers, will need to update their HazCom program.
Material costs, copying and distribution, for developing the HazCom program are
estimated to be $2.40 per operation that employ fewer than 20 workers, and $4 per
operation that employs 20 to 500 workers.
COAL OPERATIONS
(<20)
227 x $2.40
= $545
(20-500)
73 x $4.00
= $292
MNM OPERATIONS
(<20)
570 x $2.40
(20-500)
19 x $4.00

= $1,368
= $ 76

COAL AND MNM TOTAL

= $2,281

SECTION 47.41 – LABELING
13.2.

Annual Burden Costs for Materials to Label Containers

The operator of a mine must ensure that each container of a hazardous chemical has a
label.
With respect to coal operations, MSHA estimates that: 1,420 coal operations employing
fewer than 20 workers; 264 coal operations employing 20 to 500 workers; and 9 operation
employing more than 500 workers, will need to label containers annually. With respect
to MNM operations, MSHA estimates that: 3,723 operations employing fewer than 20
workers; 408 operations employing 20 to 500 workers; and 4 operations employing more
than 500 workers will need to label containers.
Material costs for labeling are estimated to be $0.10 per container labeled. These material
costs include copying costs (including any special copy media such as plasticized or
weather-proof material) and distribution costs. MSHA estimates that of the 4 containers
in the average coal operation employing fewer than 20 workers, 50 percent (or
2 containers) need to be labeled. Of the 52 containers in the average coal operation
employing 20 to 500 workers, 35 percent (or 18.2 containers) need to be labeled. Of the
567 containers in the average coal operation employing more than 500 workers,
25 percent (or 141.75 containers) need to be labeled.

June 2008
27

1219-0133
Of the 5 containers in the average MNM operation employing fewer than 20 workers,
50 percent (or 2.5 containers) need to be labeled. Of the 50 containers in the average
MNM operation employing 20 to 500 workers, 35 percent (or 17.5 containers) need to be
labeled. Of the 855 containers in the average MNM operation employing more than 500
workers, 25 percent (or 213.75 containers) need to be labeled.
COAL OPERATIONS
(<20)
1,420 x $0.10 x ( 4 x 0.50) = $284
(20-500)
264 x $0.10 x ( 52 x 0.35) = $480
(>500)
9 x $0.10 x (567 x 0.25) = $128
MNM OPERATIONS
(<20)
3,723 x $0.10 x ( 5 x 0.50) = $931
(20-500)
364 x $0.10 x ( 50 x 0.35) = $637
(>500)
2 x $0.10 x (855 x 0.25) = $ 43
COAL AND MNM TOTAL

= $2,503

SECTION 47.51 MATERIAL SAFETY DATA SHEETS
13.3.

Annual Burden Costs to Update New Material Safety Data Sheets

For each hazardous chemical produced at the mine that has an MSDS, the operator of a
mine must update the MSDS annually.
With respect to coal operations, MSHA estimates that 3,485 coal operations employing
fewer than 20 workers, 946 coal operations employing 20 to 500 workers, and 9 operation
employing more than 500 workers, will need to update material safety data sheets
annually. With respect to MNM operations, MSHA estimates that 7,144 operations
employing fewer than 20 workers, 638 operations employing 20 to 500 workers, and 2
operations employing more than 500 workers, will need to update material safety data
sheets annually.
Material costs for updating MSDS are estimated to be $1 per MSDS. The material costs
include copying costs (including any special copy media such as plasticized or weatherproof material etc.) and distribution costs. On average, with respect to coal operations,
the number of MSDS that will need to be developed are estimated to be: 0.25 sheets in
operations employing fewer than 20 workers, 0.50 sheets in operations employing 20 to
500 workers, and 0.75 sheets in operations employing more than 500 workers. On
average, with respect to MNM operations, the number of MSDS that will need to be
developed are estimated to be: 0.25 sheets in operations employing fewer than 20
workers, 1 sheet in operations employing 20 to 500 workers, and 1.5 sheets in operations
employing more than 500 workers.
June 2008
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COAL OPERATIONS
(<20)
3,485 x 0.25 x $1
(20-500)
946 x 0.50 x $1
(>500)
9 x 0.75 x $1

= $871
= $473
=$ 7

MNM OPERATIONS
(<20)
7,114 x 0.25 x $1
(20-500)
638 x 0.50 x $1
(>500)
2 x 0.75 x $1

= $1,779
= $ 319
=$
2

COAL AND MNM TOTAL

= $3,451

13.4. Annual Burden Costs to Update New Material Safety Data Sheets Created at
New Mines Starting
For each hazardous chemical produced at a new operation, the new operation must
prepare a material safety data sheet (MSDS).
Annually, the number of new coal operations that will need to develop material safety
data sheets are estimated to be 227 new coal operations employing fewer than 20
workers, and 73 new coal operations employing 20 to 500 workers. Annually, the
number of new MNM operations that will need to develop material safety data sheets are
estimated to be 570 new operations employing fewer than 20 workers, and 19 new
operations employing 20 to 500 workers.
Material costs for developing MSDS are estimated to be $2 per MSDS. The number of
MSDS that will need to be developed at new operations are estimated to be: 1 MSDS for
either a coal or MNM operation employing fewer than 20 workers; 2 MSDS for a coal
operation employing 20 to 500 workers; and 4 MSDS for a MNM operation employing 20
to 500 workers. Materials costs include copying costs (including any special copy media
such as plasticized or weather-proof material etc.) and distribution costs.
COAL OPERATIONS
(<20)
227 x 1 x $2
(20-500)
73 x 2 x $2

= $ 454
= $ 292

MNM OPERATIONS
(<20)
570 x 1 x $2
(20-500)
19 x 4 x $2

= $1,140
= $ 152

COAL AND MNM TOTAL

= $2,038

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1219-0133
SECTION 47.71 PROVIDING INFORMATION
13.5.

Annual Burden Costs for Providing Copies of HazCom Information to Miners

Operations must provide copies of HazCom labeling information to miners that request
them.
With respect to coal operations, MSHA estimates that: 3,632 coal operations employing
fewer than 20 workers; 1,206 coal operations employing 20 to 500 workers; and 10 coal
operations employing more than 500 workers, will need to provide copies of HazCom
labeling information to miners that request them, annually. With respect to MNM
operations, MSHA estimates that: 13,283 operations employing fewer than 20 workers;
1,175 operations employing 20 to 500 workers; and 11 operations employing more than
500 workers, will need to provide copies of HazCom labeling information to miners that
request them, annually.
Photocopy costs are estimated to be $0.60 per request. MSHA estimates that 2 percent of
miners in each size category will make a request. With respect to coal operations, the
amount of miners per operation are estimated to be: 7 miners per operation employing
fewer than 20 workers; 68 miners per operation employing 20 to 500 workers; and 590
miners per operation employing more than 500 workers. With respect to MNM
operations, the amount of miners per operation are estimated to be: 5 miners per
operation employing fewer than 20 workers; 48 miners per operation employing 20 to
500 workers; and 695 miners per operation employing more than 500 workers.
COAL OPERATIONS
(<20)
3,632 x ( 7 x 0.02) x $0.60 = $305
(20-500)
1,206 x ( 68 x 0.02) x $0.60 = $984
(>500)
10 x ( 590 x 0.02) x $0.60 = $ 71
MNM OPERATIONS
(<20)
13,283 x ( 5 x 0.02) x $0.60 = $797
(20-500)
1,175 x ( 48 x 0.02) x $0.60 = $677
(>500)
11 x (695 x 0.02) x $0.60 = $ 92
COAL AND MNM TOTAL

= $2,926

TOTAL ANNUAL BURDEN COSTS = $13,199
14.
Provide estimates of annualized cost to the Federal government. Also, provide a
description of the method used to estimate cost, which should include quantification
of hours, operational expenses (such as equipment, overhead, printing, and support
staff), and any other expense that would not have been incurred without this
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1219-0133
collection of information. Agencies also may aggregate cost estimates from Items 12,
13, and 14 in a single table.
There are no costs to the federal government.
15.
Explain the reasons for any program changes or adjustments reporting in Items
13 or 14 of the OMB Form 83-I.
The number of mines and contractors has been updated using 2007 data, resulting in an
increase in respondents from 21,031 to the current 22,381
The burden hours and costs decreased largely due to removing burden for training
miners on HazCom. The current burden reflects only the paperwork burden associated
with the training and not the burden for the actual training. Burden hours decreased
from 203,438 to 177,668 and the burden cost decreased from $496,000 to $13,199. In
addition, this has resulted in a decrease in the number of responses (from 845,370 to
813,753).
16. For collections of information whose results will be published, outline plans for
tabulation, and publication. Address any complex analytical techniques that will be
used. Provide the time schedule for the entire project, including beginning and
ending dates of the collection of information, completion of report, publication dates,
and other actions.
MSHA does not intend to publish the results of this information collection.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.
There are no forms associated with this information collection; therefore, MSHA is not
seeking approval to not display the expiration date for OMB approval of this information
collection.
18. Explain each exception to the certification statement identified in Item 19,
"Certification for Paperwork Reduction Act Submission," of OMB 83-I.
There are no exceptions to the certification statement.
B.

Collection of Information Employment Statistical Methods

As statistical analysis is not required by the regulation, questions 1 through
5 do not apply.

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1219-0133

Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164

An Act
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled. That this Act may be cited as the "Federal Mine Safety and Health Act of
1977".

TITLE I--GENERAL
MANDATORY SAFETY AND HEALTH STANDARDS
SEC. 101. (a) The Secretary shall by rule in accordance with procedures set forth in this section
and in accordance with section 553 of title 5, United States Code (without regard to any reference
in such section to sections 556 and 557 of such title), develop, promulgate, and revise as may be
appropriate, improved mandatory health or safety standards for the protection of life and
prevention of injuries in coal or other mines.
7) Any mandatory health or safety standard promulgated under this subsection
shall prescribe the use of labels or other appropriate forms of warning as are
necessary to insure that miners are apprised of all hazards to which they are
exposed, relevant symptoms and appropriate emergency treatment, and proper
conditions and precautions of safe use or exposure. Where appropriate, such
mandatory standard shall also prescribe suitable protective equipment and
control or technological procedures to be used in connection with such hazards
and shall provide for monitoring or measuring miner exposure at such locations
and intervals, and in such manner so as to assure the maximum protection of
miners. In addition, where appropriate, any such mandatory standard shall
prescribe the type and frequency of medical examinations or other tests which
shall be made available, by the operator at his cost, to miners exposed to such
hazards in order to most effectively determine whether the health of such
miners is adversely affected by such exposure. Where appropriate, the mandatory
standard shall provide that where a determination is made that a miner may
suffer material impairment of health or functional capacity by reason of
exposure to the hazard covered by such mandatory standard, that miner shall be
removed from such exposure and reassigned. Any miner transferred as a result of
such exposure shall continue to receive compensation for such work at no less
than the regular rate of pay for miners in the classification such miner held
immediately prior to his transfer. In the event of the transfer of a miner
pursuant to the preceding sentence, increases in wages of the transferred miner
shall be based upon the new work classification. In the event such medical
examinations are in the nature of research, as determined by the Secretary of
Health, Education, and Welfare, such examinations may be furnished at the
expense of the Secretary of Health, Education, and Welfare. The results of
examinations or tests made pursuant to the preceding sentence shall be
furnished only to the Secretary or the Secretary of Health, Education, and
Welfare, and, at the request of the miner, to his designated physician.

(9) No mandatory health or safety standard promulgated under this title shall reduce the protection
afforded miners by an existing mandatory health or safety standard.
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1219-0133

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30C.F.R.47.31]
[Page 217]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 47_HAZARD COMMUNICATION (HazCom)--Table of Contents
Subpart D_HazCom Program
Sec. 47.31

Requirement for a HazCom program.

Each operator must-(a) Develop and implement a written HazCom program,
(b) Maintain it for as long as a hazardous chemical is known to be
at the mine, and
(c) Share relevant HazCom information with other on-site operators
whose miners can be affected.
[[Page 218]]

June 2008
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1219-0133
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30C.F.R.47.32]
[Page 218]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 47_HAZARD COMMUNICATION (HazCom)--Table of Contents
Subpart D_HazCom Program
Sec. 47.32

HazCom program contents.

The HazCom program must include the following:
(a) How this part is put into practice at the mine through the use
of-(1) Hazard determination,
(2) Labels and other forms of warning,
(3) Material safety data sheets (MSDS’s), and
(4) Miner training.
(b) A list or other record identifying all hazardous chemicals known
to be at the mine. The list must-(1) Use a chemical identity that permits cross-referencing between
the list, a chemical's label, and its MSDS; and
(2) Be compiled for the whole mine or by individual work areas.
(c) At mines with more than one operator, the methods for-(1) Providing other operators with access to MSDS’s, and
(2) Informing other operators about-(i) Hazardous chemicals to which their miners can be exposed,
(ii) The labeling system on the containers of these chemicals, and
(iii) Appropriate protective measures.

June 2008
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1219-0133

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30C.F.R.47.41]
[Page 218]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 47_HAZARD COMMUNICATION (HazCom)--Table of Contents
Subpart E_Container Labels and Other Forms of Warning
Sec. 47.41

Requirement for container labels.

(a) The operator must ensure that each container of a hazardous
chemical has a label. If a container is tagged or marked with the
appropriate information, it is labeled.
(1) The operator must replace a container label immediately if it is
missing or if the hazard information on the label is unreadable.
(2) The operator must not remove or deface existing labels on
containers of hazardous chemicals.
(b) For each hazardous chemical produced at the mine, the operator
must prepare a container label and update this label with any
significant, new information about the chemical's hazards within 3
months of becoming aware of this information.
(c) For each hazardous chemical brought to the mine, the operator
must replace an outdated label when a revised label is received from the
chemical's manufacturer or supplier. The operator is not responsible for
an inaccurate label obtained from the chemical's manufacturer or
supplier.

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1219-0133

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30C.F.R.47.51]
[Page 219]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 47_HAZARD COMMUNICATION (HazCom)--Table of Contents
Subpart F_Material Safety Data Sheets (MSDS)
Sec. 47.51

Requirement for an MSDS.

Operators must have an MSDS for each hazardous chemical which they
produce or use. The MSDS may be in any medium, such as paper or
electronic, that does not restrict availability.
(a) For each hazardous chemical produced at the mine, the operator
must prepare an MSDS, and update it with significant, new information
about the chemical's hazards or protective measures within 3 months of
becoming aware of this information.
(b) For each hazardous chemical brought to the mine, the operator
must rely on the MSDS received from the chemical manufacturer or
supplier, develop their own MSDS, or obtain one from another source.
(c) Although the operator is not responsible for an inaccurate MSDS
obtained from the chemical's manufacturer, supplier, or other source,
the operator must-(1) Replace an outdated MSDS upon receipt of an updated revision,
and
(2) Obtain an accurate MSDS as soon as possible after becoming aware
of an inaccuracy.
(d) The operator is not required to prepare an MSDS for an
intermediate chemical or by-product resulting from mining or milling if
its hazards are already addressed on the MSDS of the source chemical.

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1219-0133

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR47.55]
[Page 223]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 47_HAZARD COMMUNICATION (HazCom)--Table of Contents
Subpart F_Material Safety Data Sheets (MSDS)
Sec.

47.55

Retaining an MSDS.

The operator must-(a) Retain its MSDS for as long as the hazardous chemical is known
to be at the mine, and
(b) Notify miners at least 3 months before disposing of the MSDS.
Subpart G [Reserved]

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1219-0133

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30C.F.R.47.71]
[Page 220]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 47_HAZARD COMMUNICATION (HazCom)--Table of Contents
Subpart H_Making HazCom Information Available
Sec. 47.71

Access to HazCom materials.

Upon request, the operator must provide access to all HazCom
materials required by this part to miners and designated
representatives, except as provided in Sec. 47.81 through Sec. 47.87
(provisions for trade secrets).

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1219-0133

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30C.F.R.47.73]
[Page 220]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 47_HAZARD COMMUNICATION (HazCom)--Table of Contents
Subpart H_Making HazCom Information Available
Sec. 47.73

Providing labels and MSDS’s to customers.

For a hazardous chemical produced at the mine, the operator must
provide customers, upon request, with the chemical's label or a copy of
the label information, and the chemical's MSDS.

June 2008
39