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SUPPORTING STATEMENT
30 C.F.R. §§ 62.110, 62.130, 62.170, 62.171, 62.172, 62.173, 62.174, 62.175, 62.180, and 62.190 - Noise
exposure assessment; audiometric testing, evaluation, and records and training in all mines.
A. JUSTIFICATION
1.
Explain the circumstances that make the collection of information necessary. Identify any
legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate
section of each statute and regulation mandating or authorizing the collection of information.
Noise is one of the most pervasive health hazards in mining. Exposure to hazardous sound levels results
in the development of occupational noise-induced hearing loss (NIHL), a serious physical, psychological,
and social problem. NIHL can be distinguished from aging and medical factors, diagnosed, and
prevented. According to the National Institute for Occupational Safety and Health (NIOSH), NIHL is
among the "top ten" leading occupational illnesses and injuries.
For many years, the risk of acquiring NIHL was accepted as an inevitable consequence associated with
mining occupations. Miners use mechanized equipment and work under conditions that often expose
them to hazardous sound levels. But MSHA standards, OSHA standards, military standards, and others
around the world have been established in recognition of the controllability of this risk. Quieter
equipment, isolation of workers from noise sources, and limiting worker exposure times are among the
many well accepted methods now used to reduce the costly incidence of NIHL.
Records of miner exposures to noise are necessary so that mine operators and MSHA can evaluate the
need for and effectiveness of engineering controls, administrative controls, and personal protective
equipment to protect miners from harmful levels of noise exposure. However, the Agency believes that
extensive records for this purpose are not needed. These requirements are a performance-oriented
approach to monitoring. Records of miner hearing examinations enable mine operators and MSHA to
ensure that the controls are effective in preventing NIHL for individual miners. Records of training are
needed to confirm that miners receive the information they need to become active participants in hearing
conservation efforts.
Collection of such records is authorized under Section 103(h) of the Federal Mine Safety and Health Act
of 1977 (Mine Act). 30 C.F.R. §§ 62.110, 62.130, 62.170, 62.171, 62.172, 62.173, 62.174, 62.175, 62.180, and
62.190 - Noise exposure assessment; audiometric testing, evaluation, and records and training in all
mines, establishes uniform requirements and recordkeeping for the mining industry.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new
collection, indicate the actual use the agency has made of the information received from the current
collection.
Records of miner exposures are necessary so that mine operators and MSHA can ensure that engineering
controls, administrative controls, and personal protective equipment are used to protect miners from
harmful levels of exposure. Notification of exposure information to miners assists them in becoming
more active participants in hearing conservation efforts.
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Hearing tests of miners are offered and if a miner takes the test, mine operators are required to compile
and maintain a record of each audiometric test. Detection of a hearing loss can trigger certain protective
action. The record will be used by mine operators and MSHA to verify that the testing was done and the
required actions implemented.
Mine operators must provide training to certain miners about the hazards of noise exposure, hearing
protector selection and use, the hearing test program, and the operator’s noise controls. Records of
training are needed to confirm that miners receive the information they need to become active
participants in hearing conservation efforts. Training records are required under other MSHA
regulations and are used for similar purposes.
3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information
technology, e.g. permitting electronic submission of responses, and the basis for the decision for
adopting this means of collection. Also describe any consideration of using information technology to
reduce burden.
Electronic storage of information and assessing it through computers is a common business practice.
Recognizing this trend, the Part 62 rule provided that records are not required to be maintained at the
mine site, and therefore can be electronically filed in a central location. The records have to be made
available to the authorized representative of the Secretary upon request within a reasonable time, in most
cases one day. Although the Part 62 rule did not require backing up the data, some means are necessary
to ensure that electronically stored information is not compromised or lost.
4. Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purposes described in Item 2 above.
No duplicative information exists.
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 does not have a significant impact on small businesses or other small entities.
6.
Describe the consequence to Federal program or policy activities if the collection is not conducted
or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
MSHA believes that the recordkeeping requirements for noise are the minimum necessary to ensure that
miners are adequately protected against the harm of excessive noise levels. Reduction in these
requirements would result in the development of unhealthy and unsafe conditions in the mine. Section
101(a)(6) of the Mine Act provides that in setting standards to protect workers from the risks of harmful
physical agents, the Secretary "shall set standards which most adequately assure on the basis of the best
available evidence that no miner will suffer material impairment of health or functional capacity even if
such miner has regular exposure to the hazards dealt with by such standard for the period of his working
life."
7. Explain any special circumstances that would cause an information collection to be conducted in a
manner:
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* 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;
Timely notification to miners is essential to protect them from harmful noise exposures and to provide
timely results of audiometric testing. Section 62.110(d) requires the operator to inform a miner in writing
of the exposure determination that is equal to or above the action level, exceeds the permissible exposure
level, or exceeds the dual hearing protection level and of the corrective action being taken within 15
calendar days of the exposure determination. Section 62.175(a) requires operators to inform the miner in
writing of the results of the audiometric test within 10 working days of receiving the results. Timely
notification is an important first step in protecting miners from excessive noise exposure and to avoid
further hearing loss. These time periods are the maximum allowable to ensure that the miner is informed
and that precautions are taken to protect the miner as soon as reasonably practical.
* requiring respondents to submit more than an original and two copies of any document;
* 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.
Not applicable.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal
Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information
collection prior to submission to OMB. Summarize public comments received in response to that
notice and describe actions taken by the agency in response to these comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of
data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.
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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 October 10, 2008 (Volume 73, Number
198, Page(s) 60357-60358), soliciting public comments regarding the extension of this information
collection. No comments were received.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of
contractors or grantees.
MSHA does not provide payment or gifts to the respondents identified by this collection.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance
in statue, regulation, or agency policy.
Operators (respondents) are not assured of confidentiality. However, under 30 C.F.R. § 62.172(a)(3),
physicians, audiologists and certain other health professionals are prohibited from sharing with the mine
operator certain findings or diagnoses unrelated to a miner’s hearing loss without the miner’s written
consent.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior
and attitudes, religious beliefs, and other matters that are commonly considered private. This
justification should include the reasons why the agency considers the questions necessary, the specific
uses to be made of the information, the explanation to be given to persons from whom the information
is requested, and any steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information. The statement should:
•
Indicate the number of respondents, frequency of response, annual hour burden, and an
explanation of how the burden was estimated. Unless directed to do so, agencies should not
conduct special surveys to obtain information on which to base hour burden estimates.
Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour
burden on respondents is expected to vary widely because of differences in activity, size, or
complexity, show the range of estimated hour burden, and explain the reasons for the variance.
Generally, estimates should not include burden hours for customary and usual business practices.
•
If this request for approval covers more than one form, provide separate hour burden estimates for
each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.
•
Provide estimates of annualized cost to respondents for the hour burdens for collections of
information, identifying and using appropriate wage rate categories. The cost of contracting out or
paying outside parties for information collection activities should not be included here. Instead,
this cost should be included in Item 14.
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NOTE: Burden hour costs were calculated using the following hourly wage:
Coal Supervisor:
M/NM Supervisor:
Coal Secretary:
M/NM Secretary:
$75.01
$60.34
$24.50
$24.29
2008 # of mines (total Respondents)
Coal Surface
1,377
Coal Underground
576
MNM Surface
12,520
MNM Underground
253
14,726
Section 62.110(a) requires operators to establish a system of monitoring that evaluates each miner’s noise
exposure sufficiently to determine if such exposure equals or exceeds the action level, or exceeds the
permissible exposure level or dual hearing protection level. To perform the dose determination mine
operators will need to purchase or rent noise dosimeters. In addition, mine operators could also use
contract services to monitor noise doses.
MSHA estimates that 1,221 small coal mines, 732 large coal mines, 4,495 small M/NM mines, and 796
large M/NM mines will be affected by this provision. It is estimated to take 2 hours to perform dose
determination in a small mine and 5 hours in a large mine. The testing is done by a supervisor.
COAL
Annual burden hours to monitor noise exposure
1,221 mines (SM) x 2 hours (supv.)
732 mines (LG) x 5 hours (supv.)
=
=
Annual burden hour costs to monitor noise exposure
6,102 hours x $75.01 (supv.) wage rate
=
$ 457,711.02
Annual burden hours to monitor noise exposure
4,495mines (SM) x 2 hours (supv.)
796 mines (LG) x 5 hours (supv.)
=
=
8,990.00 hours
3,980.00 hours
12,970.00 hours
Annual burden costs to monitor noise exposure
12,970 hours x $60.34 (supv.) wage rate
=
$
2,442.00 hours
3,660.00 hours
6,102.00 hours
METAL/NONMETAL
Costs of dosimeters are shown in Item 13.
January 2009
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782,609.80
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Section 62.110(c) requires mine operators to provide affected miners and their representatives with an
opportunity to observe noise exposure monitoring required by this section and to give prior notice of the
date and time of intended exposure monitoring to the affected miners and their representatives. Mine
operators can choose to give oral notification, distribute a written notice to each miner and their
representatives to be monitored, or post a notice.
ORAL NOTIFICATION
MSHA estimates that 366 small coal mines, 73 large coal mines, 3,789 small M/NM mines, and 468 large
M/NM mines will inform miners and their representatives orally. It is estimated to take 0.033 hours to
notify miners orally.
COAL
Annual burden hours to notify miners orally
439 mines x 0.033 hrs. (supv.)
=
14.62 hours
Annual burden costs to notify miners orally
14.62 hours x $75.01 (supv.) wage rate
=
$ 1,096.65
Annual burden hours to notify miners orally
4,257 mines x 0.033 hrs. (supv.)
=
140.48 hours
Annual burden costs to notify miners orally
140.48 hours x $60.34 (supv.) wage rate
=
$ 8,476.56
METAL/NONMETAL
POSTING
MSHA estimates that 611 small coal mines, 183 large coal mines, 3,747 small M/NM mines, and 511 large
M/NM mines will post a written notice. On the average, 3 notices will be posted per small mine, and 6
notices per large mine. It is estimated to take 0.1 hours for a supervisor to instruct a clerical worker about
the posting, and another 0.08 hours for a clerical person to prepare and post the notice.
COAL
Annual burden hours to notify miners by posting
794 mines x 0.1 hours (supv.)
611 mines (SM) x 0.08 hours (clerical) x 3 notices
183 mines (LG) x 0.08 hours (clerical) x 6 notices
=
=
79.40 hours
146.64 hours
87.84 hours
313.88 hours
=
$
=
Annual burden cost to notify miners by posting
79.4 hours x $75.01 (supv.) wage rate
January 2009
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5,955.79
1219-0120
234.48 hours x $24.50 (clerical) wage rate
=
$
$
5,744.76
11,700.55
METAL/NONMETAL
Annual burden hours to notify miners by posting
4,258 mines x 0.1 hours (supv.)
3,747 mines (SM) x 3 notices x 0.08 hours (clerical)
511 mines (LG) x 6 notices x 0.08 hours (clerical)
=
=
=
Annual burden costs to notify miners by posting
425.8 hours x $60.34 (supv.) wage rate
1,144.56 hours x $24.29 (clerical) wage rate
=
=
425.80 hours
899.28 hours
245.28 hours
1,570.36 hours
$
$
$
25,692.77
27,801.36
53,494.13
WRITTEN NOTIFICATION
In each mine, MSHA estimates that it will take 0.1 hours for a supervisor to give instructions to a clerical
worker concerning the written notification. In addition, it will take an additional 0.08 hours for a clerical
worker to prepare and distribute a written notice to each miner.
MSHA estimates that 244 small coal mines will distribute 1,464 notices, 476 large coal mines will
distribute 14,042 notices, 3,790 small M/NM mines will distribute 28,884 notices, and 468 large M/NM
mines will distribute 36,275 notices.
COAL
Annual burden hours to notify miners in writing
720 mines x 0.1 hours (supv.)
15,506 miners x 0.08 hours (clerical)
=
=
72.00 hours
1,240.48 hours
1,312.48 hours
Annual burden costs to notify miners in writing
72 hours x $75.01 (supv.) wage rate
1,240.48 hours x $24.50(clerical) wage rate
=
=
$ 5,400.72
$ 30,391.76
$ 35,792.48
METAL/NONMETAL
Annual burden hours to notify miners in writing
4,258 mines x 0.1 hours (supv.)
65,159 miners x 0.08 hours (clerical)
=
=
Annual burden costs to notify miners in writing
425.8 hours x $60.34 (supv.) wage rate
5,212.72 hours (SM) x $24.29 (clerical) wage rate
=
=
January 2009
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425.80 hours
5,212.72 hours
5,638.52 hours
$
$
25,692.77
126,616.97
1219-0120
$
152,309.74
Costs for photocopying are shown in Item 13.
Section 62.110(d) requires that a miner be notified whenever the miner’s exposure equals or exceeds the
action level, exceeds the permissible exposure level, or exceeds the dual hearing protection level, and the
miner has not received notification by he mine operator of exposure at such level within the prior 12
months. The mine operator is required to use an exposure evaluation conducted either by the mine
operator or by an authorized representative of the Secretary of Labor as a basis for the notification. The
operator must notify the miner in writing within 15 calendar days of (1) the exposure determination; and
(2) the corrective action being taken.
In each mine, MSHA estimates that it will take 0.1 hours for a supervisor to give instructions to a clerical
worker concerning the notification of the exposure determination and the corrective action being taken.
It will take an additional 0.08 hours for a clerical worker to prepare and distribute the notification to each
miner. MSHA Coal assumes that during the course of inspections since the introduction of the noise rule
that existing miners' exposure levels have been tested and notification given. Therefore, only newly hired
miners and miners reassigned to newly created tasks will likely be affected. MSHA estimates that 346
small coal mines will distribute 2,422 notices, 225 large coal mines will distribute 16,200 notices, 5,482
small M/NM mines will distribute 16,446 notices, and 814 large M/NM mines will distribute 26,862
notices.
COAL
One-time burden hours to notify miners in writing
571 mines x 0.1 hours (supv.)
18,622 miners x 0.08 hours (clerical)
=
=
57.10 hours
1,489.76 hours
1,546.86 hours
Annualized costs to notify miners in writing
57.10 hours x $75.01 (supv.) wage rate
1,489.76 hours x $24.50 (clerical) wage rate
=
=
$ 4,283.07
$ 36,499.12
$ 40,782.19
METAL/NONMETAL
One-time burden hours to notify miners in writing
6,296 mines x 0.1 hours (supv.)
43,308 miners x 0.08 hours (clerical)
=
=
Annualized costs to notify miners in writing
629.6 hours x $60.34 (supv.) wage rate
3,464.64 hours x $24.29 (clerical) wage rate
=
=
Costs for photocopying are shown in Item 13.
January 2009
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629.6 hours
3,464.64 hours
4,094.24 hours
$ 37,990.06
$ 84,156.11
$ 122,146.17
1219-0120
Section 62.130 states that no miner shall be exposed during any work shift to noise that exceeds a TimeWeighted Average-8hrs (TWA8) of 90 dBA permissible exposure level (PEL), or equivalently a dose of
100% of that permitted by the standard, integrating all sound levels from 90 dBA to at least 140 dBA. If
during any work shift a miner’s noise exposure exceeds the PEL, the mine operator is required to use all
feasible engineering and administrative controls to reduce the miner’s noise exposure to the PEL, and
enroll the miners in a hearing conservation program. When administrative controls are used to reduce a
miner’s exposure, the mine operator must post the procedures for such controls on the mine bulletin
board and provide a copy to the affected miner.
In each mine, MSHA estimates that it will take a mine supervisor .75 hours to write, approve the
administrative controls/final procedures in small mines, (including negligible amount of time to instruct
the clerical worker) and 1.5 hours for large mines. In addition, it will take 0.75 hours for a clerical worker
to type, edit, and post controls concerning the notification of the exposure determination and the
corrective action being taken; and it will take an additional 0.08 hours for a clerical worker to prepare and
distribute the notification to each miner.
MSHA Coal assumes that during the course of inspections since the introduction of the noise rule that
administrative controls have been developed and instituted for existing positions; therefore, only newly
created positions and newly created tasks will likely be affected. MSHA estimates that 25 small coal
mines will distribute 130 notices, 72 large coal mines will distribute 360 notices, 110 small M/NM mines
will distribute 664 notices, and 217 large M/NM mines will distribute 17,882 notices.
COAL
Time to write administrative controls/approve final procedures
25 mines (SM) x 0.75 hours (supv.)
72 mines (LG) x 1.5 hours (supv.)
=
=
=
18.75 hours
108.00 hours
126.75 hours
Time to type, edit, and post controls
97 mines x 0.75 hours (clerical)
=
72.75 hours
Time to distribute copy of controls
490 miners (SM) x 0.08 hours (clerical)
=
One-time costs to write, post, and distribute administrative controls
126.75 hours x $75.01 (supv.) wage rate
111.95 hours x $24.50 (clerical) wage rate
=
=
39.2 hours
$
$
$
9,507.52
2,742.78
12,250.30
METAL/NONMETAL
Time to write administrative controls & approve final procedures
110 mines (SM) x 0.75 hours (supv.)
217 mines (LG) x 1.5 hours (supv.)
January 2009
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=
=
82.50 hours
325.50 hours
408.00 hours
1219-0120
Time to type, edit, and post controls
327 mines x 0.75 hours (clerical)
=
245.25 hours
Time to prepare and distribute copy of controls
18,546 miners x 0.08 hours (clerical)
=
1,483.68 hours
2,136.93 hours
One-time burden costs to write, post, and distribute administrative controls
408 hours x $60.34 (supv.) wage rate
=
1,728.93 hours x $24.29 (clerical) wage rate
=
$
$
$
24,618.72
41,995.71
66,614.43
Costs of engineering controls/photocopying are shown in Item 13.
Section 62.170(a)(1) states that the audiometric testing which results in a valid baseline audiogram must
be offered within 6 months of enrolling a miner in a hearing conservation program. Where mobile test
vans are used to meet the audiometric test requirements, the operator must offer and provide
audiometric testing within 12 months of enrolling a miner in an HCP.
Costs for the audiograms are shown in Item 13.
Section 62.170(b) states that after the baseline audiogram is established, the mine operator must continue
to offer subsequent audiometric tests at intervals not exceeding 12 months for as long as the miner
remains in the hearing conservation program. The paperwork burden and cost of § 62.170(a) concerning
notifying miners of the baseline audiogram are included in this section.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about the
audiometric testing notification. In addition, it will take a clerical worker 0.08 hours to prepare and
distribute a written notification about the audiometric testing to each miner.
MSHA estimates that 6,865 miners working at 1,001 small coal mines, 47,329 miners working at 651 large
coal mines, 40,841 miners working at 8,004 small M/NM mines, and 86,255 miners working at 1,501 large
M/NM mines would need to be notified.
COAL
1,652 mines x 0.1 hours (supv.)
54,194 miners x 0.08 hours (clerical)
=
=
Annual burden costs to write, prepare, and distribute written notification
165.20 hours x $75.01 (supv.) wage rate
=
4,335.52 hours x $24.50 (clerical) wage rate
=
January 2009
10
165.2 hours
4,335.52 hours
4,500.72 hours
$
$
$
12,391.65
106,220.24
118,611.89
1219-0120
METAL/NONMETAL
Annual burden hours to write, prepare, and distribute written notification
9,505 mines x 0.1 hours (supv.)
=
127,096 miners x 0.08 hours (clerical)
=
=
Annual burden costs to write, prepare, and distribute written notification
950.50 hours x $60.34 (supv.) wage rate
=
10,167.68 hours x $24.29 (clerical) wage rate
=
950.50 hours
10,167.68 hours
11,118.18 hours
$
$
$
57,353.17
246,972.95
304,326.12
Costs for photocopying are shown in Item 13.
Section 62.171 (b) requires operators to compile an audiometric test record including: 1) name and job
classification of the miner who has undergone the audiometric test; 2) a copy of all of the miner’s
audiograms conducted under this part; 3) evidence that the audiograms were conducted in accordance
with paragraph (a) of this section; 4) any exposure determination for the miner; and 5) the results of any
follow-up examination.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about the
audiometric test records. In addition, it will take a clerical worker 0.08 hours to maintain each miner’s
audiometric test record.
MSHA estimates that 2,814 miners working at 402 small coal mines, 10,320 miners working at 344 large
coal mines, 9,802 miners working at 2,412 small M/NM mines, and 14,726 miners working at 380 large
M/NM mines will be affected by this provision.
COAL
Annual burden hours to give instructions and maintain audiometric test records
746 mines x 0.1 hours (supv.)
=
13,134 miners x 0.08 hours (clerical)
=
Annual burden costs to give instructions and maintain audiometric test records
74.6 hours x $75.01 (supv.) wage rate
=
1,050.72 hours x $24.50 (clerical) wage rate
=
74.60 hours
1,050.72 hours
1,125.32 hours
$
$
$
5,595.75
25,742.64
31,338.39
METAL/NONMETAL
Annual burden hours to give instructions and maintain audiometric test records
2,792 mines x 0.1 hours (supv.)
=
24,528 miners x 0.08 hours (clerical)
=
January 2009
11
279.20 hours
1,962.24 hours
2,241.44 hours
1219-0120
Annual burden costs to give instructions and maintain audiometric test records
279.2 hours x $60.34 (supv.) wage rate
=
1,962.24 hours x $24.29 (clerical) wage rate
=
$
$
$
16,846.93
47,662.81
64,509.74
Costs for photocopying are shown in Item 13.
Section 62.172(a)(2) states that audiograms must be evaluated by a physician, an audiologist, or a
qualified technician who is under the direction or supervision of a physician or audiologist. Section
62.172(a)(1) requires the operator to inform persons evaluating audiograms of the requirements of this
part and to provide them with a copy of the miner’s audiometric test records.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about the
audiometric test records. In addition, it will take a clerical worker 0.08 hours to provide a skilled medical
professional with a copy of each miner’s audiometric test record.
MSHA estimates that 2,444 miners working at 391 small coal mines, 10,170 miners working at 339 large
coal mines, 8,713 miners working in 789 small M/NM mines, and 14,726 miners working in 380 large
M/NM mines will be affected by this provision.
COAL
Annual burden hours to provide audiometric test records to physicians, or audiologists or qualified
technicians
730 mines x 0.1 hours (supv.)
=
73.00 hours
12,614 miners x 0.08 hours (clerical)
=
1009.12 hours
1,082.12 hours
Annual burden costs to provide audiometric test records to physicians, or audiologists, or qualified
technicians
73 hours x $75.01 (supv.) wage rate
=
$
5,475.73
1009.12 hours x $24.50 (clerical) wage rate
=
$
24,723.44
$
30,199.17
METAL/NONMETAL
Annual burden hours to provide audiometric test records to physicians, or audiologists, or qualified
technicians
1,169 mines x 0.1 hours (supv.)
=
116.90 hours
23,439 miners x 0.08 hours (clerical)
=
1,875.12 hours
1,992.02 hours
Annual burden costs to provide audiometric test records to physicians, or audiologists, or qualified
technicians
116.90 hours x $60.34 (supv.) wage rate
=
$
7,053.75
1,875.12 hours x $24.29 (clerical) wage rate
=
$
45,546.66
$
52,600.41
January 2009
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Actual costs for photocopying are shown in Item 13.
Section 62.172(a)(3) requires the mine operator to instruct the physician, audiologist, or a qualified
technician not to reveal to the mine operator any specific findings or diagnoses unrelated to the miner’s
hearing loss due to occupational noise or the wearing of hearing protectors without the written consent of
the miner.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about instructing
skilled professionals not to reveal to the mine operator any specific findings or diagnoses unrelated to the
miner’s hearing loss due to occupational noise or the wearing of hearing protectors without the written
consent of the miner. In addition, it will take a clerical worker 0.2 hours per mine to instruct the skilled
professional and to provide a copy of each miner’s audiometric test record.
MSHA estimates that 409 small coal mines, 344 large coal mines, 789 small M/NM mines and 380 large
M/NM mines will be affected by this provision.
COAL
Annual burden hours to instruct physicians, or audiologists, or qualified technicians
753 mines x 0.1 hours (supv.)
=
753 mines x 0.2 hours (clerical)
=
Annual burden costs to instruct physicians, or audiologists, or qualified technicians
75.30 hours x $75.01 (supv.) wage rate
=
150.60 hours x $24.50 (clerical) wage rate
=
75.30 hours
150.60 hours
225.90 hours
$
$
$
METAL/NONMETAL
Annual burden hours to instruct physicians, or audiologists, or qualified technicians
1,169 mines x 0.1 hours (supv.)
=
1,169 mines x 0.2 hours (clerical)
=
Annual burden costs to instruct physicians, or audiologists, or qualified technicians
116.90 hours x $60.34 (supv.) wage rate
=
233.8 hours x $24.29 (clerical) wage rate
=
5,648.25
3,689.70
9,337.95
116.90 hours
233.80 hours
350.70 hours
$
$
$
7,053.75
5,679.00
12,732.75
Actual costs for photocopying are shown in Item 13.
Section 62.172(b)(1) requires the mine operator to offer an audiometric re-test within 30 calendar days of
receiving a determination that an audiogram is invalid, provided that any medical pathology has
improved to the point that a valid audiogram may be obtained.
Actual costs for audiometric retests are shown in Item 13.
January 2009
13
1219-0120
Section 62.173(a) requires the operator to refer a miner for a clinical-audiological evaluation or an
otological examination, at no cost to the miner, if a valid audiogram cannot be obtained due to a
suspected medical pathology of the ear which the physician or audiologist believes was caused or
aggravated by the miner’s occupational exposure to noise or the wearing of hearing protectors.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about preparing
notification to inform the miner of the examination. In addition, it will take a clerical worker 0.08 hours
to type the notification.
MSHA estimates that 8 miners in 8 small coal mine, 48 miners in 24 large coal mine, 65 miners in 11 small
M/NM mines and 137 miners in 2 large M/NM mine will be affected by this provision.
COAL
Annual burden hour to notify miners of testing
32 mine x 0.1 hour (supv.)
56 miners x 0.08 hour (clerical)
=
=
Annual burden costs to notify miners of testing
3.2 hours x $75.01 (supv.) wage rate
4.48 hours x $24.50 (clerical) wage rate
=
=
3.20 hours
4.48 hours
7.68 hours
$
$
$
240.03
109.76
349.79
METAL/NONMETAL
Annual burden hours to notify miners of testing
13 mines x 0.1 hour (supv.)
202 miners x 0.08 hours (clerical)
=
=
Annual burden costs to notify miners of testing
1.3 hours x $60.34 (supv.) wage rate
16.16 hours x $24.29 (clerical) wage rate
=
=
1.30 hours
16.16 hours
17.46 hours
$
$
$
78.44
392.53
470.97
Actual costs for photocopying/otological examinations are shown in Item 13.
Section 62.173(b) requires the operator to instruct the physician, or audiologist to inform the miner of the
need for an otological examination if a valid audiogram cannot be obtained due to a medical pathology of
the ear which is unrelated to the miner’s occupational exposure to noise or the wearing of hearing
protectors.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about instructing
skilled professionals to inform the miner of the need for an otological examination. In addition, it will
take a clerical worker .08 hours per mine to instruct the skilled professional.
January 2009
14
1219-0120
MSHA estimates that 12 miners in 12 small coal mines, 35 miners in 35 large coal mines, 76 miners in 12
small M/NM mines and 137 miners in 2 large M/NM mines will be affected by this provision.
COAL
Annual burden hours to instruct physician or audiologist
47 mines x 0.1 hours (supv.)
47 mines x 0.08 hours (clerical)
=
=
Annual burden costs to instruct physician or audiologist
4.7 hours x $75.01 (supv.) wage rate
3.76 hours x $24.50 (clerical) wage rate
=
=
4.70 hours
3.76 hours
8.46 hours
$
$
$
352.55
92.12
444.67
METAL/NONMETAL
Annual burden hours to instruct physician or audiologist
14 mines x 0.1 hours (supv.)
14 mines x 0.08 hours (clerical)
=
=
Annual burden costs to instruct physician or audiologist after First Year
1.4 hours x $60.34 (supv.) wage rate
=
1.12 hours x $24.29 (clerical) wage rate
=
1.40 hours
1.12 hours
2.52 hours
$
$
$
84.48
27.20
111.68
Actual costs for photocopying are shown in Item 13.
Section 62.173(c) requires the operator to instruct the physician, audiologist, or qualified technician not to
reveal to the operator any specific findings or diagnoses unrelated to the miner’s occupational exposure
to noise or the wearing of hearing protectors without the written consent of the miner.
In each mine, it will take a supervisor 0.05 hours to give instructions to a clerical worker about instructing
skilled professionals to not reveal findings to the mine operator without the written consent of the miner.
In addition, it will take a clerical worker 0.1 hours per mine to instruct the skilled professional.
MSHA estimates that 12 miners in 12 small coal mines, 35 miners in 35 large coal mines, 76 miners in 12
small M/NM mines and 137 miners in 2 large M/NM mine will be affected by this provision.
COAL
Annual burden to instruct physician, audiologist, or qualified technician
47 mines x 0.05 hours (supv.)
=
47 mines x 0.1 hours (clerical)
=
Annual costs to instruct physician, audiologist, or qualified technician
January 2009
15
2.35 hours
4.70 hours
7.05 hours
1219-0120
2.35 hours x $75.01 (supv.) wage rate
4.70 hours x $24.50 (clerical) wage rate
=
=
$
$
$
176.27
115.15
291.42
METAL/NONMETAL
Annual burden hours to instruct physician, audiologist, or qualified technician
14 mines x 0.05 hours (supv.)
=
14 mines x 0.1 hours (clerical)
=
Annual burden costs to instruct physician or audiologist
.7 hours x $60.34 (supv.) wage rate
1.4 hours x $24.29 (clerical) wage rate
=
=
0.70 hours
1.40 hours
2.10 hours
$
$
$
42.24
34.00
76.24
Actual costs for photocopying are shown in Item 13.
Section 62.174(a) requires that the operator retrain a miner within 30 calendar days of receiving evidence
of a Standard Threshold Shift (STS) or receiving the results of a retest confirming an STS, unless a
physician or audiologist determines that an STS is neither work-related nor aggravated by occupational
noise exposure.
In each mine it will take a supervisor 0.35 hours to retrain miners. MSHA estimates that a supervisor can
train all the miners in a small mine in one session, and all the miners in a large mine in three sessions.
MSHA estimates that 35 small coal mines, 44 large coal mines, 230 small M/NM mines, and 34 large
M/NM mines will be affected by this provision.
COAL
Annual burden hours to retrain miners
35 mines x 0.35 hours (supv.) x 1 session
44 mines x 0.35 hours (supv.) x 3 sessions
=
=
Annual burden costs to retrain miners
58.45 hours x $75.01 (supv.) wage rate
=
12.25 hours
46.20 hours
58.45 hours
$
4,384.33
METAL/NONMETAL
Annual burden hours to retrain miners
230 mines x 0.35 hours (supv.) x 1 session
34 mines x 0.35 hours (supv.) x 3 sessions
=
=
Annual burden costs to retrain miners
116.20 hours x $60.34 (supv.) wage rate
=
January 2009
16
80.50 hours
35.70 hours
116.20 hours
$
7,011.51
1219-0120
Section 62.174(a) requires that retraining be provided in accordance with 62.180. Section 62.180(b)
requires the operator to certify the date and type of training given each miner and to retain the most
recent certification for as long as the miner is enrolled in the hearing conservation program, and for at
least six months thereafter.
In each mine it will take a clerical worker 0.05 hours, per miner, to certify the date and type of training
and to maintain the certification.
MSHA estimates that 265 miners in small coal mines, 986 miners in large coal mines, 1,029 miners in
small M/NM mines, and 2,079 miners in large M/NM mines are affected by this provision.
COAL
Annual burden hours to certify date and type of training
1251 miners x 0.05 hours (clerical)
=
Annual burden costs to certify date and type of training
62.55 hours x $24.50 (clerical) wage rate
=
62.55 hours
$
1,532.48
METAL/NONMETAL
Annual burden hours to certify date and type of training
3,108 miners x 0.05 hours (clerical)
=
Annual burden costs to certify date and type of training
155.40 hours x $24.29 (clerical) wage rate
=
155.40 hours
$
3,774.67
Actual costs for photocopying are shown in Item 13.
Section 62.175(a)(1) requires the mine operator, within 10 working days of receiving the results of an
audiogram or follow-up evaluation, to notify the miner of the results in writing.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about audiometric
testing notification. In addition it will take a clerical worker 0.08 hours to prepare and distribute a
written notification about the testing to each miner.
MSHA estimates 2,730 miners working at 427 small coal mines, 8,545 miners working at 263 large coal
mines, 14,578 miners working at 3,618 small M/NM mines, and 16,830 miners working at 619 large
M/NM mines will be affected by this provision.
COAL
Annual burden hours to notify miners of audiometric test results
690 mines x 0.1 hours (supv.)
11,275 miners x 0.08 hours (clerical)
January 2009
17
=
=
69.00 hours
902.00 hours
971.00 hours
1219-0120
Annual burden hour costs to notify miners of audiometric test results
69 hours x $75.01 (supv.) wage rate
902 hours x $24.50 (clerical) wage rate
=
=
$
$
$
5,175.69
22,099.00
27,274.69
METAL/NONMETAL
Annual burden hours to notify miners of audiometric test results
4,237 mines x 0.1 hours (supv.)
31,408 miners x 0.08 hours (clerical)
=
=
Annual burden costs to notify miners of audiometric test results
423.7 hours x $60.34 (supv.) wage rate
2,512.64 hours x $24.29 (clerical) wage rate
=
=
423.70 hours
2,512.64 hours
2,936.34 hours
$
$
$
25,566.06
61,032.03
86,598.09
Section 62.175(a)(1) requires the operator to notify the miner within 10 working days of the results and
interpretation of an audiometric test or follow-up evaluation (otological examination), including any
finding of a standard threshold shift or reportable hearing loss.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about the results
of the follow-up evaluation. In addition it will take a clerical worker 0.08 hours to prepare and distribute
a written notification about the results to each miner.
MSHA estimates 12 miners working at 12 small coal mines, 35 miners working at 35 large coal mines, 65
miners working at 11 small M/NM mines, and 137 miners working at 2 large M/NM mine will be
affected by this provision.
COAL
Annual burden hours to notify miners of testing
47 mines x 0.1 hour (supv.)
47 miners x 0.08 hour (clerical)
=
=
Annual burden costs to notify miners of testing
4.7 hours x $75.01 (supv.) wage rate
3.76 hours x $24.50 (clerical) wage rate
=
=
4.70 hours
3.76 hours
8.46 hours
$
$
$
352.55
92.12
444.67
METAL/NONMETAL
Annual burden hours to notify miners of testing
13 mines x 0.1 hour (supv.)
202 miners x 0.08 hours (clerical)
=
=
January 2009
18
1.30 hours
16.16 hours
17.46 hours
1219-0120
Annual burden costs to notify miners of testing
1.30 hours x $60.34 (supv.) wage rate
16.16 hours x $24.29 (clerical) wage rate
=
=
$
$
$
78.44
392.53
470.97
Section 62.175(a)(2) requires operators to notify miners of the need and reasons for any further testing or
evaluation, if applicable.
In each mine it will take a supervisor 0.1 hours to give instructions to a clerical worker about the need
and reasons for any further testing. In addition, it will take a clerical worker 0.08 hours to prepare and
distribute a written notification to each miner.
MSHA estimates that 234 miners working at 219 small coal mines, 1,446 miners working at 468 large coal
mines, 1,301 miners working at 230 small M/NM mines, and 2,472 miners working at 31 large M/NM
mines will be affected by this provision.
COAL
Annual burden hours to notify miners of need for further testing
687 mines x 0.1 hours (supv.)
1,680 miners x 0.08 hours (clerical)
=
=
Annual burden costs to notify miners of need for further testing
68.70 hours x $75.01 (supv.) wage rate
134.40 hours x $24.50 (clerical) wage rate
=
=
68.70 hours
134.40 hours
203.10 hours
$
$
$
5,153.19
3,292.80
8,445.99
METAL/NONMETAL
Annual burden hours to notify miners of need for further testing
261 mines x 0.1 hours (supv.)
3,773 miners x 0.08 hours (clerical)
=
=
Annual burden costs to notify miners of need for further testing
26.1 hours x $60.34 (supv.) wage rate
301.84 hours x $24.29 (clerical) wage rate
=
=
26.10 hours
301.84 hours
327.94 hours
$
$
$
1,574.87
7,331.69
8,906.56
Section 62.175(b) requires the operator to report to MSHA, in accordance with Part 50, a work related/or
aggravated hearing loss by occupational noise exposure of 25 dB or greater. The burden for reporting a
hearing loss of 25 dB or greater would be included in the Part 50 paperwork burden hour estimates
approved under OMB control number 1219-0007. The Agency does not expect a significant increase in
the existing burden hours.
January 2009
19
1219-0120
Section 62.180(a) requires that within 30 days of a miner’s enrollment into a hearing conservation
program, the mine operator must provide the miner with training. The training must include: the effects
of noise on hearing; the purpose and value of wearing hearing protectors; the advantages and
disadvantages of the hearing protectors offered; the care, fitting, and use of the hearing protector worn by
the miner and the various types of hearing protectors offered by the operator; the mine operator’s and
miner’s respective tasks in maintaining the noise controls; and the purpose and value of audiometric
testing and a summary of the procedures.
In each mine, it will take a supervisor 0.35 hours to train affected miners. Since the introduction of the
noise rule, MSHA Coal assumes that during the course of inspections that existing miners have been
tested and affected miners enrolled in a Hearing Conservation Program. Therefore, only newly hired
miners and miners reassigned to newly created tasks will likely be affected. MSHA estimates that 525
small coal mines, 325 large coal mines, 5,482 small M/NM mines, and 814 large M/NM mines will be
affected by this provision. MSHA further estimates that a supervisor can train all the miners in a small
mine in one session, and all the miners in a large mine in three sessions.
COAL
Annual burden hours to train miners
525 mines x 0.35 hours (supv.) x 1 session
325 mines x 0.35 hours (supv.) x 3 sessions
=
=
Annual burden hour costs to train miners
525 hours x $75.01 (supv.) wage rate
183.75 hours
341.25 hours
525.00 hours
$
39,380.25
METAL/NONMETAL
Annual burden hours to train miners
5,482 mines x 0.35 hours (supv.) X 1 session
814 mines x 0.35 hours (supv.) x 3 session
=
=
Annual burden hour costs to train miners
2,773.4 hours x $60.34 (supv.) wage rate
=
1,918.70 hours
854.70 hours
2,773.40 hours
$
167,346.96
Section 62.180(b) requires mine operators to certify the date and type of training given each miner, and to
maintain the miner’s most recent certification for as long as the miner is enrolled in the HCP, and for at
least 6 months thereafter. The type of training may be initial noise training, annual retraining, or special
retraining required for a miner as a result of an STS.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about preparing
and filing a training certificate and .08 hours to certify the date and type of training. It will take a clerical
worker 0.05 hours, per miner, to file the training certificate.
January 2009
20
1219-0120
MSHA estimates that 6,398 miners working at 1,005 small coal mines, 59,162 miners working at 651 large
coal mines, 40,645 miners working at 8,069 small M/NM mines, and 86,150 miners working at 1,495 large
M/NM mines will be affected by this provision.
COAL
Annual burden hours to prepare and file certificate
1,656 mines x 0.18 hours (supv.)
65,560 miners x 0.05 hours (clerical)
=
=
Annual burden costs to prepare and file certificate
298.08 hours x $75.01 (supv.) wage rate
3,278.00 x $24.50 (clerical) wage rate
=
=
298.08 hours
3,278.00 hours
3,576.08 hours
$
$
$
22,358.98
80,311.00
102,669.98
METAL/NONMETAL
Annual burden hours to prepare and file certificate
9,564 mines x 0.18 hours (supv.)
126,795 miners x 0.05 hours (clerical)
=
=
Annual burden costs to prepare and file certificate
1,721.52 hours x $60.34 (supv.) wage rate
6,339.75 hours x $24.29 (clerical) wage rate
=
=
1,721.52 hours
6,339.75 hours
8,061.27 hours
$
$
$
103,876.52
153,992.53
257,869.05
Actual costs for photocopying are shown in number 13.
Section 62.190 Records. Operators are required to provide access to all records required under this part to
the authorized representatives of the Secretaries of Labor and Health and Human Services. Upon written
request, the mine operator must provide, within 15 calendar days, access to records to miners and the
miner’s designee, and training certifications and notices of exposure determinations to miners and their
authorized representatives. The mine operator must also provide, to any former miner, records which
indicate his or her own exposure.
Section 62.190(b) requires the operator to provide the first copy of a record to a person who has access, at
no cost to that person, and additional copies requested by that person at reasonable cost.
In each mine, it will take a supervisor 0.1 hours to instruct a clerical worker about locating and
photocopying miners’ records. In addition it will take a clerical worker 0.15 hours to locate and
photocopy each miner’s records.
MSHA estimates that 390 miners working at 141 small coal mines, 3,944 miners working at 413 large coal
mines, 11,131 miners working at 1,973 small M/NM mines, and 14,957 miners working at 194 large
M/NM mines will be affected by this provision.
January 2009
21
1219-0120
COAL
Annual burden hours to provide copy of files
554 mines x 0.1 hours (supv.)
4,334 miners x 0.15 hours (clerical)
=
=
Annual burden costs to provide copy of files
55.40 hours x $75.01 (supv.) wage rate
650.10 hours x $24.50 (clerical) wage rate
=
=
55.40 hours
650.10 hours
705.50 hours
$
$
$
4,155.55
15,927.45
20,083.00
METAL/NONMETAL
Annual burden hours to provide copy of files
2,167 mines x 0.1 hours (supv.)
26,088 miners x 0.15 hours (clerical)
=
=
Annual burden costs to provide copy of files
216.7 hours x $60.34 (supv.) wage rate
3,913.2 hours x $24.29 (clerical) wage rate
=
=
216.70 hours
3913.20 hours
4,129.90 hours
$
$
$
13,075.68
95,051.63
108,127.31
Actual costs for photocopying are shown in Item 13.
Section 62.190(c) Transfer of records requires the mine operator to transfer all records required to be
maintained by this part to a successor operator whenever an operator ceases to do business.
In each mine, it will take a supervisor 0.1 hours to give instructions to a clerical worker about transferring
records. In addition, a clerical worker will take 0.5 hours to compile the records at a small mine, and 1.0
hour to compile records at a large mine. MSHA estimates that 183 small coal mines, 62 large coal mines,
921 small M/NM mines, and 27 large M/NM mines will close annually.
COAL
Annual burden hours to transfer records
245 mines (SM) x 0.1 hours (supv.)
183 mines (SM) x 0.5 hours (clerical)
62 mines (LG) x 1.0 hour (clerical)
=
=
=
Annual burden costs to transfer records
24.5 hours x $75.01 (supv.) wage rate
153.50 hours x $24.50 (clerical) wage rate
=
=
METAL/NONMETAL
January 2009
22
24.50 hours
91.50 hours
62.00 hours
178.00 hours
$
$
$
1,837.75
3,760.75
5,598.50
1219-0120
Annual burden hours to transfer records
948 mines x 0.1 hours (supv.)
921 mines (SM) x 0.5 hours (clerical)
27 mines (LG) x 1.0 hours (clerical)
=
=
=
Annual burden costs to transfer records
94.8 hours x $60.34 (supv.) wage rate
487.50 hours x $24.29 (clerical) wage rate
=
=
TOTAL BURDEN HOURS (ROUNDED)
TOTAL BURDEN COST (ROUNDED)
=
=
94.80 hours
460.50 hours
27.00 hours
582.30 hours
$
$
$
$
5,720.23
11,841.38
17,561.61
84,146
3,237,856
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 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 62.110(a) requires operators to establish a system of monitoring that evaluates each miner’s noise
exposure sufficiently to determine if such exposure equals or exceeds the action level, or exceeds the
permissible exposure level or dual hearing protection level. To perform the dose determination mine
January 2009
23
1219-0120
operators will need to purchase or rent noise dosimeters. In addition, mine operators could also use
contract services to monitor noise doses.
MSHA estimates that annual operating and maintenance costs related to the dosimeters will be 10% of
equipment cost excluding calibration. The annual cost for calibration of equipment is $195.00 for small
mines and $390.00 for large mines. Small mines will require one dosimeter and large mines will require
two. The cost for a dosimeter is $1,575. There are 1,221 small coal mines, 732 large coal mines, 6,481
small M/NM mines, and 1,122 large M/NM mines affected by this provision.
Annual Operating and Maintenance Costs for Coal Mines
1,221 mines (SM) X $1,575 X 10% + (1,221 mine X $195.00)
732 mines (LG) X $1,575 X 2 X 10% + (732 mines X $390.00)
=
=
$
$
$
430,402.50
516,060.00
946,462.50
Annual Operating and Maintenance Costs for M/NM Mines
6,481 mines (SM) X $1,575 X 10% + (6,481 mines x $195.00)
1,122 mines (LG) X $1,575 X 2 X 10% + (1,122 mines x $390.00)
=
=
$
$
$
2,284,552.50
791,010.00
3,075,562.50
Total Annual Operating and Maintenance Costs
=
$
4,022,025.00
Section 62.110(c) requires mine operators to provide affected miners and their representatives with an
opportunity to observe noise exposure monitoring required by this section and to give prior notice of the
date and time of intended exposure monitoring to the affected miners and their representatives. Mine
operators can choose to give oral notification, distribute a written notice to each miner to be monitored, or
post a notice.
Written Notification
It costs $0.30 per copy to provide 1,464 affected miners in small coal mines, 14,042 affected miners in large
coal mines, 28,884 miners in small M/NM mines, and 36,275 miners in large M/NM mines with written
notification of when noise monitoring will occur.
Annual Costs for Coal Mines
15,506 miners X $0.30
=
$
4,651.80
Annual Costs for M/NM Mines
65,159 miners X $0.30
=
$
19,547.70
TOTAL COSTS FOR WRITTEN NOTIFICATION
=
$
24,199.50
Posting Notification
It costs $0.30 to copy a notice to post. Three copies will have to be posted in a small mine and six copies
in a large mine to provide miners with notification of monitoring. There are 611 small coal mines, 183
large coal mines, 3,747 small M/NM mines and 511 large M/NM mines affected by this provision.
Annual Costs for Coal Mines
611 (SM) mines X $0.30 X 3 copies
=
January 2009
24
$
549.90
1219-0120
183 (LG) mines X $0.30 X 6 copies
=
$
$
329.40
879.30
Annual Costs for M/NM Mines
3,747 mines (SM) X $0.30 X 3 copies
511 mines (LG) X $0.30 X 6 copies
=
=
$
$
$
3,372.30
919.80
4,292.10
TOTAL COSTS FOR POSTING NOTIFICATION
=
$
5,171.40
Section 62.110(d) requires that whenever a miner’s exposure equals or exceeds the action level, exceeds
the permissible exposure level, or exceeds the dual hearing protection level, and the miner has not
received notification of exposure at such level within the prior 12 months, the operator must notify the
miner in writing within 15 calendar days of:(1) the exposure determination; and (2) the corrective action
being taken. The mine operator is required to use an exposure evaluation conducted either by the mine
operator or by an authorized representative of the Secretary of Labor as a basis for the notification. It is
estimated that the cost for photocopying the notification letter is $0.30. The final rule required mine
operators to notify all affected miners, therefore photocopying is needed for each miner. There are 2,422
affected miners in small coal mines, 16,200 affected miners in large coal mines, 50,034 miners in small
M/NM mines and 116,402 miners in large M/NM mines affected by this provision.
Annual Costs for Coal Mines
18,622 miners x $0.30
=
$
Annual Costs for M/NM Mines
121,436 miners x $0.30
=
$
36,430.80
TOTAL COSTS FOR NOTIFICATION
=
$
42,017.40
5,586.60
Section 62.130 states that no miner shall be exposed during any work shift to noise that exceeds a TWA8
of 90 dBA permissible exposure level (PEL), or equivalently a dose of 100% of that permitted by the
standard, integrating all sound levels from 90 dBA to at least 140 dBA. If during any work shift a miner’s
noise exposure exceeds the PEL, the mine operator is required to use all feasible engineering and
administrative controls to reduce the miner’s noise exposure to the PEL, and enroll the miners in a
hearing conservation program. When administrative controls are used to reduce a miner’s exposure, the
mine operator must post the procedures for such controls on the mine bulletin board and provide a copy
to the affected miners.
Administrative Controls
The final rule requires mine operators to supply a copy, at $0.30 per copy, of the written administrative
control procedures to each of the 130 affected miners in small coal mines, 360 affected miners in large coal
mines, 664 affected miners in small M/NM mines and 17,882 in large M/NM mines.
Annual Costs for Coal Mines
490 miners x $0.30
=
January 2009
25
$
147.00
1219-0120
Annual Costs for M/NM Mines
18,546 miners x $0.30
=
$
TOTAL COSTS FOR ADMINISTRATIVE CONTROLS
5,563.80
5,710.80
Section 62.170(a)(1) states that the audiometric testing which results in a valid baseline audiogram must
be offered within 6 months of enrolling a miner in a hearing conservation program. Where mobile test
vans are used to meet the audiometric test requirements, the operator must offer and provide
audiometric testing within 12 months of enrolling a miner in an HCP.
It costs the mine operator $35 per miner, to have an audiometric test conducted by a third party. MSHA
estimates 15% of the miners will be retested annually. The annual number of miners affected will be
1,170 from small coal mines, 9,806 from large coal mines, 6,072 from small M/NM mines and 10,803 from
large M/NM mines.
Annual Costs for Coal Mines
10,976 miners x $35
=
$
384,160.00
Annual Costs for M/NM Mines
16,875 miners x $35
=
$
590,625.00
TOTAL ANNUAL COSTS
=
$
974,785.00
Section 62.170(b) states that after the baseline audiogram is established, the mine operator must continue
to offer subsequent audiometric tests at intervals not exceeding 12 months for as long as the miner
remains in the hearing conservation program.
It will cost a mine operator $0.30 to photocopy the notice. MSHA estimates that 6,865 miners working at
1,001 small coal mines, 47,329 miners working at 651 large coal mines, 40,841 miners working at 8,004
small M/NM mines, and 86,255 miners working at 1,501 large M/NM mines will be affected by this
provision. (The paperwork burden and cost of §62.170(a), concerning a baseline audiogram, are captured
in the paperwork burden and cost for §62.170(b).)
Annual Costs for Coal Mines
54,194 miners x $0.30
=
$
16,258.20
Annual Costs for M/NM Mines
127,096 miners x $0.30
=
$
38,128.80
TOTAL ANNUAL COSTS
=
$
54,387.00
Section 62.171 (b) requires operators to compile an audiometric test record including: 1) name and job
classification of the miner who has undergone the audiometric test; 2) a copy of all of the miner’s
audiograms conducted under this part; 3) evidence that the audiograms were conducted in accordance
with paragraph (a) of this section; 4) any exposure determination for the miner; and 5) the results of any
follow-up examination.
January 2009
26
1219-0120
It costs the mine operator $0.30 to photocopy an audiometric test record for each miner.
MSHA estimates that records will be established for 2,814 small coal miners, 10,320 large coal miners,
9,802 small M/NM miners and 14,726 large M/NM miners.
Annual Costs for Coal Mines
13,134 miners x $0.30
=
$
3,940.20
Annual Costs for M/NM Mines
24,528 miners x $0.30
=
$
7,358.40
TOTAL ANNUAL COSTS
=
$
11,298.60
Section 62.172(a)(1) states that audiograms must be evaluated by a physician, an audiologist, or a
qualified technician who is under the direction or supervision of a physician or audiologist. This section
requires the operator to inform persons evaluating audiograms of the requirements of this part and to
provide them with a copy of the miner’s audiometric test records.
It costs $0.30 per miner for photocopying audiometric test records. In addition, MSHA estimates that it
will cost approximately $6 for a small mine and $11 for a large mine to mail miners’ records to physicians,
audiologists, or qualified technicians.
MSHA estimates that approximately 2,444 miners in 391 small coal mines, 10,170 miners in 339 large coal
mines, 8,713 miners in 789 small M/NM mines, and 14,726 miners in 380 large M/NM mines will be
taking annual audiogram retests.
Annual Costs for Coal Mines
2,444 miners x $0.30 + (391 mines (SM) X $6)
10,170 miners x $0.30 + (339 mines (LG) X $11)
=
=
$
$
$
3,079.20
6,780.00
9,859.20
Annual Costs for M/NM Mines
8,713 miners x $0.30 + (789 mines (SM) X $6)
14,726 miners x $0.30 + (380 mines (LG) X $11)
=
=
$
$
$
7,347.90
8,597.80
15,945.70
TOTAL ANNUAL COSTS
=
$
25,804.90
Section 62.172(a)(3) requires the mine operator to instruct the physician, audiologist, or a qualified
technician not to reveal to the mine operator any specific findings or diagnoses unrelated to the miner’s
hearing loss due to occupational noise or the wearing of hearing protectors without the written consent of
the miner.
It will cost the mine operator $0.30 to photocopy the written notice.
January 2009
27
1219-0120
MSHA estimates that there will be 409 small coal mines, 344 large coal mines, 789 small M/NM mines,
and 380 large M/NM mines affected annually.
Annual Costs for Coal Mines
753 mines x $0.30
=
$
225.90
Annual Costs for M/NM Mines
1169 mines x $0.30
=
$
350.70
TOTAL ANNUAL COSTS
=
$
576.60
Section 62.172(b)(1) requires the mine operator to offer and provide an audiometric retest within 30
calendar days of receiving a determination that an audiogram is invalid, provided any medical pathology
has improved to the point that a valid audiogram may be obtained.
MSHA estimates that it will cost $60 for an audiometric retest. MSHA estimates that approximately 156
miners in small coal mines, 611 miners in large coal mines, 664 miners in small M/NM mines, and 1,216
miners in large M/NM mines will be taking audiogram retests.
Annual Costs for Coal Mines.
767 miners x $60
=
$
46,020.00
Annual Costs for M/NM Mines
1880 miners x $60
=
$
112,800.00
TOTAL ANNUAL COSTS
=
$
158,820.00
Section 62.173(a) requires the operator to refer a miner for a clinical-audiological evaluation or an
otological examination if a valid audiogram cannot be obtained due to a suspected medical pathology of
the ear which the physician or audiologist believes was caused or aggravated by the miner’s occupational
exposure to noise or the wearing of hearing protectors.
It will cost the mine operator $0.30 to notify an affected miner. MSHA estimates there will be 8 miners in
small coal mines, 48 miners in large coal mines, 65 miners in small M/NM mines, and 137 miners in large
M/NM mines who will need a clinical audiological evaluation or otological examination.
Annual Costs for Coal Mines
56 miners x $0.30
=
$
16.80
Annual Costs for M/NM Mines
202 miners x $0.30
=
$
60.60
Section 62.173(a) also requires the operator to pay for the cost of the clinical audiological evaluation or
otological examination. The cost associated with this type of testing is $ 250 per miner. MSHA estimates
there will b 8 miners in small coal mines, 48 miners in large coal mines, 65 miners in small M/NM
miners, and 137 miners in large M/NM mines affected annually.
January 2009
28
1219-0120
Annual Costs for Coal Mines
56 miners x $ 250
=
$
14,000.00
Annual Costs for M/NM Mines
202 miners x $250
=
$
50,500.00
TOTAL ANNUAL COSTS
=
$
64,577.40
Section 62.173(c) requires the operator to instruct the physician, audiologist, or qualified technician not to
reveal to the operator any specific findings or diagnoses unrelated to the miner’s occupational exposure
to noise or the wearing of hearing protectors without the written consent of the miner.
It will cost the mine operator $0.30 to photocopy the notice for each mine.
MSHA estimates that 12 small coal mines, 35 large coal mines, 12 small M/NM mines, and 2 large
M/NM mines will be affected by this provision annually. (MSHA estimates that the mine operator will
send one notice including instructions in both paragraphs (b) and (c)).
Annual Costs for Coal Mines
47 mines x $0.30
=
$
14.10
Annual Costs for M/NM Mines
14 mines x $0.30
=
$
4.20
TOTAL ANNUAL COSTS
=
$
18.30
Section 62.174(a) requires that retraining be provided in accordance with 62.180. Section 62.180(b)
requires the operator to certify the date and type of training given each miner and to retain the most
recent certification for as long as the miner is enrolled in the hearing conservation program, and for at
least six months thereafter.
The cost of photocopying associated with this task is estimated to be $0.30 per miner.
MSHA estimates that 265 miners in small coal mines, 986 miners in large coal mines, 1,029 miners in
small M/NM mines, and 2,079 miners in large M/NM mines will be affected by this provision annually.
Annual Costs for Coal Mines
1,251 miners x $0.30
=
$
375.30
Annual Costs for M/NM Mines
3,108 miners x $0.30
=
$
932.40
TOTAL ANNUAL COSTS
=
$
1,307.70
Section 62.175(a)(1) requires the mine operator, within 10 working days of receiving the results of an
audiogram, to notify the miner of the results in writing.
January 2009
29
1219-0120
It will cost mine operators $0.30 to photocopy the notice for each miner.
MSHA estimates that there will be 2,730 miners in small coal mines, 8,545 miners in large coal mines,
14,578 miners in small M/NM mines, and 16,830 miners in large M/NM mines who need to be notified
annually.
Annual Costs for Coal Mines
11,275 miners x $0.30
=
$
3,382.50
Annual Costs for M/NM Mines
31,408 miners x $0.30
=
$
9,422.40
TOTAL ANNUAL COSTS
=
$
12,804.90
Section 62.175(a)(1) requires the operator to notify the miner of the results and interpretation of a followup evaluation (otological examination).
It will cost the mine operator $0.30 to photocopy the notice for each miner.
MSHA estimates that 12 miners in small coal mines, 35 miners in large coal mines, 65 miners in small
M/NM mines, and 137 miners in large M/NM mines will be affected by this provision annually.
Annual Costs for Coal Mines
47 miners x $0.30
=
$
14.10
Annual Costs for M/NM Mines
202 miners x $0.30
=
$
60.60
TOTAL ANNUAL COSTS
=
$
74.70
Section 62.175(a)(2) requires operators to notify miners of the need and reasons for any further testing or
evaluation, if applicable.
It will cost the mine operator $0.30 to photocopy the notice for each miner.
MSHA estimates that there will be 234 miners in small coal mines, 1,446 miners in large coal mines, 1,301
miners in small M/NM mines, and 2,472 miners in large M/NM mines affected by this provision
annually.
Annual Costs for Coal Mines
1,680 miners x $0.30
=
$
504.00
Annual Costs for M/NM Mines
3,773 miners x $0.30
=
$
1,131.90
TOTAL ANNUAL COSTS
=
$
1,635.90
January 2009
30
1219-0120
Section 62.180(a) and (b) requires that within 30 days of a miner’s enrollment into a hearing conservation
program, the mine operator must provide the miner with training. The training must include: the effects
of noise on hearing; the purpose and value of wearing hearing protectors; the advantages and
disadvantages of the hearing protectors offered; the care, fitting, and use of the hearing protector worn by
the miner and the various types of hearing protectors offered by the operator; the mine operator’s and
miner’s respective tasks in maintaining the noise controls; and the purpose and value of audiometric
testing and a summary of the procedures.
It will cost the mine operator $0.30 to photocopy training certificates for each miner. There are 6,398
affected miners in small coal mines, 59,162 affected miners in large coal mines, 40,645 miners in small
M/NM mines, and 86,150 miners in large M/NM mines that will be affected by this provision.
Annual Costs for Coal Mines
65,560 miners x $0.30
=
$
19,668.00
Annual Costs for M/NM Mines
126,795 miners x $0.30
=
$
38,038.50
TOTAL ANNUAL COSTS
=
$
57,706.50
Section 62.190(b) requires the operator to provide the first copy of a record to a person who has access, at
no cost to that person, and additional copies requested by that person at reasonable cost.
It will cost the mine operator $0.30 to photocopy a record for each miner. MSHA estimates that there are
390 miners in small coal mines, 3,944 miners in large coal mines, 11,131 miners in small M/NM mines,
and 14,957 miners in large M/NM mines that will be affected by this provision annually.
Annual Costs for Coal Mines
4,334 miners x $0.30
=
$
1,300.20
Annual Costs for M/NM Mines
26,088 miners x $0.30
=
$
7.826.40
TOTAL COSTS
=
$
9,126.60
=
$
5,472,050
TOTAL COST (ROUNDED)
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 collection of information. Agencies also may aggregate cost estimates from
Items 12, 13, and 14 in a single table.
The monitoring of miners noise dose is just one aspect of the annual inspection. Complete inspections are
required under Section 103(a) of the Mine Act and are required four times per year for underground
January 2009
31
1219-0120
mines and twice per year for surface operations. The average time required to finish a complete
inspection for coal mines is 66.25 hours, and for metal and nonmetal mines is 17.9 hours. The average
grade and salary of an inspector is GS 12/5, at $31.34 per hour (base).
The recurring cost to the Federal Government each year is as follows: There are 1,221 small coal mines,
732 large coal mines 11,326 small M/NM mines and 1,447 large M/NM mines. It is estimated that mine
inspectors would monitor 7 miners at small metal and nonmetal underground mines; and 6 miners at
large metal and nonmetal underground mines 4 times a year. Mine inspectors would monitor 2 miners at
small metal and nonmetal surface mines; and 7 miners at large metal and nonmetal surface mines 2 times
a year. Based on Agency experience, it is estimated that it would take the inspector 0.50 hours to put the
dosimeter on the miner, take the dosimeter off, and to calibrate the instrument.
It is further estimated that mine inspectors would monitor 7 miners at small underground coal mines;
and 10 miners at large underground coal mines 4 times a year. Mine inspectors would also monitor 7
miners at small surface coal mines; and 10 miners at large surface coal mines 2 times a year. The
recurring/ongoing cost to the Federal Government is estimated as follows:
METAL/NONMETAL
13 miners x 4 x .50 x $31.34 (lg. and small underground MNM mines)
9 miners x 2 x .50 x $31.34 (lg. and small surface MNM mines)
=
=
$
$
$
814.84
282.06
1096.90
=
=
$
$
$
1,065.56
532.78
1,598.34
$
2695.24
COAL
17miners x 4 x .50 x $ 31.34 (lg. and small underground coal mines)
17 miners x 2 x .50 x $ 31.34 (lg. and small surface coal mines)
TOTAL FEDERAL GOVERNMENT COSTS
15.
Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the
OMB Form 83-I.
Due to an increase in the number of mines and subsequently the number of miners, there is an increase in
the number of respondents. However, the decrease in the number of responses and, therefore, hours
reflects an updated estimate in the number of instances that trigger the requirements of MSHA's relevant
noise assessment standard. The increase in costs burden reflects the increase in the number of mines and
miners as well as updated estimates.
Respondents:
Responses:
Hours:
Costs:
Increase of 335 (from 14,391 to 14,726)
Decrease of 83,328 (from 848,081 to 764,753)
Decrease of 23,454 (from 107,600 to 84,146)
Increase of $1,116,939 (from $4,355,111 to $5,472,050)
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 the beginning and ending dates of the collection of information,
completion of report, publication dates, and other actions.
January 2009
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1219-0120
The results of this information collection are not scheduled for publication.
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.
MSHA has no forms associated with this collection of information on which to display an expiration date.
18.
Explain each exception to the certification statement identified in Item 19, “Certification for
Paperwork Reduction Act Submissions,” of OMB Form 83-I.
There are no certification exceptions identified with this information collection.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
The agency should be prepared to justify its decision not to use statistical methods in any case where
such methods might reduce burden or improve accuracy of results. When Item 17 on the Form OMB
83-I is checked “Yes”, the following documentation should be included in the Supporting Statement
to the extent that it applies to the methods proposed:
1. Describe (including a numerical estimate) the potential respondent universe and any
sampling or other respondent selection method to be used. Data on the number of entities (e.g.,
establishments, State and local government units, households, or persons) in the universe covered by
the collection and in the corresponding sample are to be provided in tabular form for the universe as a
whole and for each of the strata in the proposed sample. Indicate expected response rates for the
collection as a whole. If the collection had been conducted previously, include the actual response
rate achieved during the last collection.
2.
Describe the procedures for the collection of information including:
. Statistical methodology for stratification and sample selection,
. Estimation procedure,
. Degree of accuracy needed for the purpose described in the justification,
. Unusual problems requiring specialized sampling procedures, and
. Any use of periodic (less frequent than annual) data collection cycles to reduce burden.
3.
Describe methods to maximize response rates and to deal with issues of non-response. The
accuracy and reliability of information collected must be shown to be adequate for intended uses. For
collections based on sampling, a special justification must be provided for any collection that will not
yield “reliable” data that can be generalized to the universe studied.
4.
Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an
effective means of refining collections of information to minimize burden and improve utility. Tests
must be approved if they call for answers to identical questions from 10 or more respondents. A
January 2009
33
1219-0120
proposed test or set of tests may be submitted for approval separately or in combination with the main
collection of information.
5.
Provide the name and telephone number of individuals consulted on statistical aspects of the
design and the name of the agency unit, contractor(s), grantee(s), or other persons(s) who will actually
collect and/or analyze the information for the agency.
As statistical analysis is not required by the regulation, questions 1 through 5 do not apply.
January 2009
34
1219-0120
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".
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.
(6)(A) The Secretary, in promulgating mandatory standards dealing with toxic materials or
harmful physical agents under this subsection, shall set standards which most adequately assure
on the basis of the best available evidence that no miner will suffer material impairment of health
or functional capacity even if such miner has regular exposure to the hazards dealt with by such
standard for the period of his working life. Development of mandatory standards under this
subsection shall be based upon research, demonstrations, experiments, and such other
information as may be appropriate. In addition to the attainment of the highest degree of health
and safety protection for the miner, other considerations shall be the latest available scientific
data in the field, the feasibility of the standards, and experience gained under this and other
health and safety laws. Whenever practicable, the mandatory health or safety standard
promulgated shall be expressed in terms of objective criteria and of the performance desired.
(B) The Secretary of Health, Education, and Welfare, as soon as possible after the date of
enactment of the Federal Mine Safety and Health Amendments Act of 1977 but in no event later
than 18 months after such date and on a continuing basis thereafter, shall, for each toxic material
or harmful physical agent which is used or found in a mine, determine whether such material or
agent is potentially toxic at the concentrations in which it is used or found in a mine. The
Secretary of Health, Education, and Welfare shall submit such determinations with respect to
such toxic substances or harmful physical agents to the Secretary. Thereafter, the Secretary of
Health, Education, and Welfare shall submit to the Secretary all pertinent criteria regarding any
such substances determined to be toxic or any such harmful agents as such criteria are developed.
Within 60 days after receiving any criteria in accordance with the preceding sentence relating to
a toxic material or harmful physical agent which is not adequately covered by a mandatory
health or safety standard promulgated under this section, the Secretary shall either appoint an
advisory committee to make recommendations with respect to a mandatory health or safety
standard covering such material or agent in accordance with paragraph (1), or publish a proposed
January 2009
35
1219-0120
rule promulgating such a mandatory health or safety standard in accordance with paragraph (2),
or shall publish his determination not to do so.
INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 103.
(h) In addition to such records as are specifically required by this Act, every operator of a coal or
other mine shall establish and maintain such records, make such reports, and provide such
information, as the Secretary or the Secretary of Health, Education, and Welfare may reasonably
require from time to time to enable him to perform his functions under this Act. The Secretary or
the Secretary of Health, Education, and Welfare is authorized to compile, analyze, and publish,
either in summary or detailed form, such reports or information so obtained. Except to the extent
otherwise specifically provided by this Act, all records, information, reports, findings, citations,
notices, orders, or decisions required or issued pursuant to or under this Act may be published
from time to time, may be released to any interested person, and shall be made available for
public inspection.
January 2009
36
| File Type | application/pdf |
| File Modified | 2009-01-07 |
| File Created | 2009-01-07 |