Ss_1218-0230(12-01-08)

SUPPORTING STATEMENT FOR
THE INFORMATION COLLECTION REQUIREMENT OF
THE VEHICLE-MOUNTED ELEVATING AND ROTATING
WORK PLATFORMS (AERIAL LIFTS) STANDARD (29 CFR 1910.67)) 1
(OFFICE OF MANAGEMENT AND BUDGET (OMB)
CONTROL NO. 1218-0230) (December 2008)

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

The main objective of the Occupational Safety and Health Act of 1970 (i.e., “the Act”) is to
“assure so far as possible every working man and woman in the Nation safe and healthful
working conditions and to preserve our human resources” (29 U.S.C. 651). To achieve this
objective, the Act authorizes “the development and promulgation of occupational safety and
health standards” (29 U.S.C. 651).
With regard to recordkeeping, the Act specifies that “[e]ach employer shall make, keep and
preserve, and make available to the Secretary . . . such records . . . as the Secretary . . . may
prescribe by regulation as necessary or appropriate for the enforcement of this Act . . .” (29
U.S.C. 657). The Act states further that “[t]he Secretary . . . shall prescribe such rules and
regulations as [he/she] may deem necessary to carry out [his/her] responsibilities under this Act,
including rules and regulations dealing with the inspection of an employer’s establishment” (29
U.S.C. 657).
Under the authority granted by the Act, the Occupational Safety and Health Administration (i.e.,
“OSHA” or “the Agency”) published at 29 CFR 1910.67 a safety standard for general industry
regulating the use of aerial lifts (i.e., “the Standard"). The paperwork provision of the Standard
specifies requirements for certification records. Items 2 and 12 below describe in detail the
specific information collection requirement of the Standard.
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.

The Standard specifies one paperwork requirement. The following section describes who uses
the information collected under the requirement, as well as how they use it. The purpose of the
requirement is to reduce employees’ risk of death or serious injury by ensuring that aerial lifts
are in safe operating condition.
1

The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated
with the provision of the Standard that contains a paperwork requirement; this Supporting Statement does not
provide information or guidance on how to comply with, or how to enforce, the provision.
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Manufacturer’s Certification of Modifications (paragraph (b)(2)). The Standard requires that
when aerial lifts are “field modified” for uses other than those intended by the manufacturer, the
manufacturer or other equivalent entity, such as a nationally recognized testing laboratory, must
certify in writing that the modification is in conformity with all applicable provisions of ANSI
A92.2-1969 and the OSHA standard and that the modified aerial lift is at least as safe as the
equipment was before modification. Employers are to maintain the certification record and
make it available to OSHA compliance officers. This record provides assurance to employers,
employees, and compliance officers that the modified aerial lift is safe for use, thereby,
preventing failure while employees are being elevated. The certification record also provides the
most efficient means for the compliance officers to determine that an employer is complying
with the Standard.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic,
mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting
electronic submission of responses, and the basis for the decision for adopting this means of collection. Also
describe any consideration of using information technology to reduce burden.

Employers may use automated, electronic, mechanical, or other technological information
collection techniques, or other forms of information technology (e.g., electronic submission of
responses) when establishing and maintaining the required records. The Agency wrote the
paperwork requirements of the Standard in performance-oriented language ( i.e., in terms of
what data to collect, not how to record the data).
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot
be used or modified for use for the purpose(s) described in 2 above.

The requirements to collect and maintain information are specific to each employer and
employee involved, and no other source or agency duplicates these requirements or can make the
required information available to OSHA (i.e., the required information is available only from
employers).
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I),
describe the methods used to reduce the burden.

The information collection requirement specified by the Standard does not have a significant
impact on a substantial number of small entities.
6. Describe the consequence to Federal program or policy activities if the collection is or is not conducted less
frequently, and any technical or legal obstacles to reducing the burden.

The Agency believes that the information collection frequencies required by the Standard are the
minimum frequencies necessary to effectively regulate aerial lifts, and thereby fulfill its mandate
“to assure so far as possible every working man and woman in the nation safe and healthful
working conditions and to preserve our human resources” as specified in the Act at 29 U.S.C.
651. Accordingly, if employers do not perform the required information collections, or delay in
providing this information, employees may use aerial lifts that are in unsafe operating condition.
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7. Explain any special circumstances that would cause an information collection to be conducted in a manner:
·

Requiring respondents to report information to the agency more often than quarterly;

·

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

·

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

·

Requiring respondents to retain records, other than health, medical, government contract, grant-inaid, 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 statistical data classification that has not been reviewed and approved by OMB;

·

That includes a pledge of confidentially that is not supported by authority established in statue 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 prove that it has instituted procedures to protect the information's confidentially to the
extent permitted by law.

No special circumstances exist that require employers to collect information using the
procedures specified by this item. The requirements are within the guidelines set forth in 5 CFR
1320.5.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of
the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection before
submission to OMB. Summarize public comments received in response to that notice and describe actions taken by
the agency in response to those comments specifically address comments received on cost and hour burdens.
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, revealed, 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 three years -- even if the collection of information activity is the same as in
prior periods. There may be circumstances that mitigate against consultation in a specific situation. These
circumstances should be explained.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA
published a notice in the Federal Register on October 2, 2008 (73 FR 57384, Docket No. OSHA2008-0040) requesting public comment on its proposal to extend the Office of Management and
Budget’s approval of the information collection requirement contained in its Standard on
Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts) (29 CFR 1910.67). This
notice was part of a preclearance consultation program to provide those interested parties the
opportunity to comment on OSHA’s request for an extension by the Office of Management and
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Budget (OMB) of a previous approval of the information collection requirement found in the
Standard. The Agency received no comments in response to its notice.
9. Explain any decision to provide any payments or gift to respondents, other than reenumeration of contractors
or grantees.

The Agency will not provide payments or gifts to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute,
regulation, or agency policy.

The paperwork requirement specified by the Standard does not involve confidential information.
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.

The provision in the Standard does not require sensitive information.
12. Provide estimates of the hour burden of the collection of information. The statement should:
·

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

·

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

BURDEN HOUR AND COST DETERMINATIONS
Based on previous information provided by a manufacturer of aerial lifts, it was estimated that
there are approximately 100,000 aerial lifts in use today in general industry (most of which are
sold to rental companies). The Agency has been unable to identify updated data regarding the
number of aerial lifts covered by the Standard, yet does not suspect that these figures have
changed significantly since the prior ICR update. Additionally, given the minimal paperwork and
cost burden imposed by the Standard, it seems reasonable to retain estimates contained in
previous updates. Under the provision of the OSHA standard that requires the collection of
information, 29 CFR 1910.67, the certification of modification by the manufacturer is required
only when the aerial lift is “field modified” and the modification is to allow the lift to be used for
other than its intended purpose. The manufacturer indicated that very few, if any, aerial lifts are
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modified, however; for purposes of this ICR, OSHA estimates that no more than 1% of the aerial
lifts (1,000) are modified in any one year. To determine the cost of the paperwork requirements
specified by the Standard, the Agency used wage rates of $25.05 for a manufacturing worker and
$31.30 for a supervisory manufacturing worker. 2 This wage has been adjusted to reflect the fact
that fringe benefits comprise roughly 29.3 percent of total employee compensation in the private
sector. 3 The costs of labor used in this analysis are, therefore, estimates of total hourly
compensation.
OSHA does not believe that there is any burden associated with the manufacturer's certificate of
the field modification of the aerial lift because the manufacturer, as a normal and customary
practice, would certify the equipment to be at least as safe as the equipment was before
modification. However, there is a burden for the employer to maintain the manufacturersupplied certificate. OSHA estimates that it takes one minute (.02 hour) to maintain the
certification record. Additionally, OSHA believes that approximately 14 of these aerial lifts
covered by the Standard may be subject to an OSHA inspection and the employer may be
required to disclose the manufacturer’s certification record annually. 4 OSHA estimates that it
will take a supervisory manufacturing worker 2 minutes (.03 hour) to disclose the manufacturer’s
certification record.
Burden hours: 1,000 modified aerial lifts × .02 hour to maintain certification
record = 20 hours
Cost: 20 burden hours × $25.05 = $501
Burden hours: 14 modified aerial lifts × .03 hour to disclose the certification
record = 1 hour
Cost: 1 burden hour × $31.30 = $31

2

Source: Bureau of Labor Statistics. National Compensation Survey, Occupational Wages in the United
States, June 2005. To estimate updated wage rates, OSHA compared mean hourly wage rates for occupation
categories from the July 2003 and June 2005 National Compensation Surveys. The resulting 4.9% wage increase
evidenced over this period was applied to those wages in the previous ICR to determine updated wage rates for
each occupation.
3

Source: Bureau of Labor Statistics. Employer Costs for Employee Compensation – December 2007.
March 12, 2008.
4

The Agency estimated the number of inspections by determining the inspection rate (1.4%) for all aerial
lifts under the jurisdiction of the Act (including both Federal OSHA and approved state-plan agencies), and then
multiplying the total number of estimated “modified” aerial lifts by this percentage (i.e., 1,000 aerial lifts × 1.4% =
14 aerial lifts inspected).
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13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the
collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)
·

The cost 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
service 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 respondent (fewer than 10), utilize the 60-day preOMB 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.

Item 12 above provides the total cost of the information collection requirement specified by the
Standard.
14. Provide estimates of the 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), any other expense that would not have been incurred without this collection
of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 into a single table.

OSHA estimates that a compliance officer (GS-12, step 5), with an hourly wage rate of $37.89,
spends about five minutes (.08 hour) during an inspection reviewing the documents required by
the Standard. The Agency determines that its compliance officers will inspect about 14 aerial
lifts during each year covered by this ICR (see footnote number 4). OSHA considers other
expenses, such as equipment, overhead, and support staff salaries, to be normal operating
expenses that would occur without the paperwork requirement specified by the Standard.
Therefore, the total cost of the paperwork requirement to the Federal government is:
Cost: 14 inspections x .08 hour x $37.89 = $42
15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 831.

There are no program changes or adjustments associated with this information collection request.
16. For collections of information whose results will be published, outline plans for tabulation, and publication.
Address any complex analytical techniques that will be used. Provide the time schedule for the entire project,
including beginning and ending dates of the collection information, completion of report, publication dates, and
other actions.

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OSHA will not publish the information collected under the Standard.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain
the reasons that display would be appropriate.

No forms are available for the Agency to display the expiration date.
18. Explain each exception to the certification statement identified in Item 19 per "Certification for Paperwork
Reduction Act Submission," of OMB Form 83-I.

OSHA is not seeking an exception to the certification statement specified by Item 19 of the
OMB 83-I.

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