SS_1218-0223_Slings Standard_ 09-10-2024_ROCIS

SS_1218-0223_Slings Standard_ 09-10-2024_ROCIS.docx

Slings Standard (29 CFR 1910.184)

OMB: 1218-0223

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The Standard on Slings

OMB Control Number: 1218-0223

Expiration Date: October 31, 2024



SUPPORTING STATEMENT FOR

THE INFORMATION COLLECTION REQUIREMENTS

OF THE STANDARD ON SLINGS (29 CFR 1910.184)1

OMB CONTROL NO. 1218-0223 (September 2024)


The agency is requesting an extension of a currently approved data collection.  


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.


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).


Section 6(b)(7) of the Act specifies that “[a]ny standard promulgated under this subsection shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that workers are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure.” This provision goes on to state that “[t]he Secretary, in consultation with the Secretary of Health and Human Services, may by rule promulgated pursuant to section 553 of title 5, United States Code, make appropriate modifications in the foregoing requirements relating to the use of labels or other forms of warning . . . as may be warranted by experience, information, or medical or technological developments acquired subsequent to the promulgation of the relevant standard” (29 U.S.C. 655).


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). It further states, “[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 1910.184 a safety standard for general industry regulating the use of slings (i.e., “the Standard”). The collection of information (paperwork) provisions of the Standard require affixing identification tags or markings on slings, developing and maintaining inspection records, and retaining proof testing certificates. The purpose of each of these requirements is to prevent workers from using defective or deteriorated slings;2 thereby, reducing their risk of death or serious injury caused by sling failure during material handling.


Paragraph (e) of the Standard covers alloy steel chain slings.


Paragraph (e)(1) requires that alloy steel chain slings have permanently affixed and durable identification stating size, grade, rated capacity, and reach of the sling. The information, supplied by the manufacturer, is typically marked on a metal tag and affixed to the sling.


Paragraph (e)(3)(i) requires the employer to make a thorough periodic inspection of alloy steel chain slings in use on a regular basis, but at least once a year. Paragraph (e)(3)(ii) requires the employer to make and maintain a record of the most recent month in which each alloy steel chain sling was thoroughly inspected and make this record available for examination.


Paragraph (e)(4) requires the employer to retain certificates of proof testing. Employers must ensure that before use, each new, repaired, or reconditioned alloy steel chain sling, including all welded components in the sling assembly, has been proof tested by the sling manufacturer or an equivalent entity. The certificates of proof testing must be retained by the employer and made available for examination.

Paragraph (f) of the Standard covers wire rope slings.


Paragraph (f)(1) requires employers to use only wire-rope slings that have permanently affixed and legible identification markings as prescribed by the manufacturer, and indicates the recommended safe working load for the types of hitches used, the angle upon which it is based, and the number of legs if more than one.


Paragraph (f)(4)(ii) requires that all welded end attachments of wire rope slings be proof tested by the manufacturer at twice their rated capacity prior to initial use, and that the employer retain a certificate of the proof test and make it available for examination.


Paragraph (g) of the Standard covers metal mesh slings.


Paragraph (g)(1) requires each metal mesh sling to have a durable marking permanently affixed that states the rated capacity for vertical basket hitch and choker hitch loadings.


Paragraph (g)(8)(ii) requires that once repaired, each metal mesh sling be permanently marked or tagged, or a written record maintained to indicate the date and type of the repairs made, and the person or organization that performed the repairs. Records of the repairs shall be made available for examination.


Paragraph (h) of the Standard covers natural and synthetic fiber-rope slings.


Paragraph (h)(1) requires each natural and synthetic fiber-rope sling to have permanently affixed and legible identification markings stating the rated capacity for the type of hitch used and angle upon which it is based, type of fiber material, and the number of legs if more than one.


Paragraph (i) of the Standard covers synthetic web slings.


Paragraph (i)(1) requires that synthetic web slings be marked or coded to show the rated capacities for each type of hitch and the type of synthetic web material used in the sling.


Paragraph (i)(8)(i) prohibits the use of repaired synthetic web slings until they have been proof tested by the manufacturer or an equivalent entity. Paragraph (i)(8)(ii) requires the employer to retain a certificate of the proof test and make it available for examination.



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 information on the identification tags, markings, and coding assists the employer in determining whether the sling can be used for the lifting task. The sling inspections enable early detection of faulty slings. The inspection and repair records provide employers with information about when the last inspection was made and about the type of repairs made. This information provides some assurance about the condition of the slings. Proof-testing certificates give employers and workers assurance that slings are safe to use.


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 burdens.


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 purposes described in Item A.2. above.


The requirements to collect and maintain information are specific to each employer and worker 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, describe any methods used to minimize burden.


The information collection requirements specified by the Standard do 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 not conducted or is conducted less frequently, and any technical or legal obstacles to reducing burden.


The information collection frequencies are the minimum necessary for the agency to effectively regulate slings and 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 by the Act at 29 U.S.C. 651. If employers do not perform the required information collections, or delay in providing this information, workers face increased risk of death or serious injury due to sling failure during material handling.


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-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.


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 data and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.


Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.


Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three 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.


Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA published a notice in the Federal Register on June 27, 2024 (89 FR 53655) soliciting comments on its proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified by the Standard on Slings (29 CFR 1910.184) (OSHA-2011-0063). This notice was a part of a preclearance consultation program that provides the general public and government agencies with an opportunity to comment. The agency did not receive any public comments in response to this notice.


9. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

The Agency will not provide payments or gifts to the respondents.


10. Explain any decision to provide any payments or gifts to respondents, other than renumeration of contractors or grantees.


The paperwork requirements specified by the Standard do 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.


None of the provisions in the Standard request 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.


  • Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13.

Burden Hour and Cost Burden Determinations


The agency estimates that the Standard covers approximately 2,256,276 slings, and that roughly 8% (180,502) are alloy steel chain slings, 60% (1,353,766) are wire rope slings, 2% (45,126) are metal-mesh slings,3 and 27% (609,195) are synthetic-web slings, 3% (67,688) are natural and synthetic fiber rope slings. OSHA used a wage rate of $46.46 for a crane operator in determining the cost of the paperwork requirements specified by the Standard.


Wage Rates


The agency used the Bureau of Labor Statistics, U.S. Department of Labor, Occupational Employment and Wage Statistics (OEWS), May 2023.  (OEWS data is available at https://www.bls.gov/oes/tables.htm  and the fringe benefit markup is from the following BLS news release 10:00 AM (ET), March 13, 2024:  Employer Costs for Employee Compensation-December 2023; (Employer Costs for Employee Compensation Archived News Releases: U.S. Bureau of Labor Statistics (bls.gov)). BLS reported that for private industry workers, fringe benefits accounted for 29.6 percent of total compensation and wages accounted for the remaining 70.4 percent.  To calculate the loaded hourly wage for a Crane and Tower Operator, the Agency divided the mean hourly wage by 70.4 percent.


Table 1- Estimated Wage Rates.

WAGE HOUR ESTIMATES

Occupational Title

Standard Occupation Code

Mean Hourly Wage Rate

(A)

Fringe Benefits

(B)

Loaded hourly Wage Rate

C=(A*1/1-B)

Crane Operator

53-7021

$32.71

.296

$46.46



(A) Alloy Steel Chain Slings (§1910.184(e))


Paragraph 1910.184(e)(1) requires alloy steel chain slings have permanently affixed and durable identification stating size, grade, rated capacity, and reach of the sling. The information, supplied by the manufacturer, is typically marked on a metal tag, and affixed to the sling. The manufacturer provides this information as a usual and customary practice at the time of sale. However, if the tag comes off, another tag or marking with the required information must be affixed to the sling. OSHA estimates that only a small percentage of slings would fall into this category, as low as .1% (181), and that it would take about 30 minutes (30/60 hour) to acquire the information, make a new tag, and affix it to the sling. A crane operator would perform this task.


Burden hours: 181 slings × 30/60 hour = 91 hours

Cost: 91 hours × $46.46 = $4,228


Paragraph (e)(3)(i) requires the employer to make a thorough periodic inspection of alloy steel chain slings in use on a regular basis, but at least once a year. Paragraph 1910.184(e)(3)(ii) requires the employer to make and maintain a record of the most recent month in which each alloy steel chain sling was thoroughly inspected. OSHA estimates that approximately 70% (126,351) of alloy steel chain slings are in use on a regular basis each year. It is also estimated that it takes 15 minutes (15/60 hour) for a crane operator to conduct the inspection and to generate and maintain the inspection record once a year.


Burden hours: 126,351 slings × 15/60 hour = 31,588 hours

Cost: 31,588 hours × $46.46 = $1,467,578


Paragraph 1910.184(e)(4) requires the employer to ensure that before use, each new, repaired, or reconditioned alloy steel chain sling, including all welded components in the sling assembly, be proof tested by the sling manufacturer, and that the certificate of proof testing be maintained by the employer and made available for examination. The manufacturer normally performs the proof test and marks the equipment. OSHA estimates that 25% (45,126) of the alloy steel chain slings are replaced, repaired, or reconditioned each year. The manufacturer will prepare a certificate of the proof test as a usual and customary practice, so the employer has no burden for this activity. However, the employer will incur a burden to maintain the certificate, which the Agency estimates takes a crane operator 1 minute (1/60 hour) to perform for each sling.


Burden hours: 45,126 slings × 1/60 hours = 752 hours

Cost: 752 hours × $46.46 = $34,938


(B) Wire Rope Slings (§1910.184(f))


Paragraph 1910.184(f)(1) requires each wire-rope sling to have a permanently affixed and legible identification marking that indicates the safe working load for the type of hitch used, the angle upon which it is based, and the number of legs if more than one. The manufacturer will supply this information initially, and the only burden to the employer would be to replace the initial tag or marking. OSHA estimates that only a small percentage of slings would fall into this category, as low as .1% (1,354), and it would take about 30 minutes (30/60 hours) for a crane operator to acquire the information, make a new tag, and affix it to the sling.


Burden hours: 1,354 slings × 30/60 hours = 677 hours

Cost: 677 hours × $46.46 = $31,453


Paragraph 1910.184(f)(4)(ii) requires that all welded end attachments be proof tested by the manufacturer at twice their rated capacity prior to initial use, and that the employer maintain the certificate of proof test. OSHA estimates that 10% (135,377) of the wire rope slings have welded end attachments. The employer has no burden associated with the proof testing because the manufacturer, for liability reasons and as a normal and customary practice, will test the equipment and provide a certificate to the employer. However, the employer must maintain the certificate. OSHA estimates that a crane operator spends 1 minute (1/60 hours) maintaining a certificate for each sling.


Burden hours: 135,377 slings × 1/60 hours = 2,256 hours

Cost: 2,256 hours × $46.46 = $104,814


(C) Metal Mesh Slings (§1910.184(g))


Paragraph 1910.184(g)(1) requires each metal mesh sling to have a durable marking permanently affixed to it that indicates the rated capacity for vertical basket hitch and choker hitch loadings. The manufacturer will supply this information initially, and the only burden to the employer would be to replace the initial tag or marking. OSHA estimates only a small percentage of slings would fall into this category, as low as .1% (45), and it would take about 30 minutes (30/60 hour) for a crane operator to acquire the information, make a new tag, and affix it to the sling.


Burden hours: 45 slings × 30/60 hour = 23 hours

Cost: 23 hours × $46.46 = $1,069


Paragraph 1910.184(g)(8)(ii) requires that once repaired, each sling shall be permanently marked or tagged, or a written record maintained, to indicate the information specified in the Standard. OSHA estimates manufacturers will provide written records for about 10% (4,513) of the repaired slings and will either tag or mark permanently the remaining repaired slings. The employer has no burden for this activity but must maintain the written records as required by paragraph 1910.184(g)(8)(ii). The Agency estimates that it takes a crane operator 1 minute (1/60 hour) to complete this task.


Burden hours: 4,513 slings × 1/60 hour = 75 hours

Cost: 75 hours × $46.46 = $3,485


(D) Natural and Synthetic Fiber Rope Slings (§1910.184(h)(1))


Paragraph (h)(1) requires each natural and synthetic fiber-rope sling to have permanently affixed and legible identification markings stating the rated capacity for the types of hitches used and angle upon which it is based, type of fiber material, and the number of legs if more than one. The manufacturer will initially supply this information, and the only burden to the employer would be to replace the initial tag or marking. OSHA estimates only a small percentage of slings would fall into this category, as low as .1% (68), and it would take about 30 minutes (30/60 hour) for a crane operator to acquire the information, make a new tag, and affix it to the sling.


Burden hours: 68 slings ×30/60 hour = 34 hours

Cost: 34 hours × $46.46 = $1,580


(E) Synthetic Web Slings (§1910.184(i))


Paragraph (i)(1) requires that synthetic web slings be marked or coded to show the rated capacities for each type of hitch, and the synthetic web material used in the sling. The manufacturer will provide this information as a usual and customary practice at the time of sale. However, if the mark or code needs to be replaced, OSHA estimates it will take a crane operator about 30 minutes (30/60 hours) to acquire the information and attach the marking or coding to the sling. OSHA estimates only a few slings, about .1% (609), fall into this category.


Burden hours: 609 slings × 30/60 hour = 305 hours

Cost: 305 hours × $46.46 = $14,170


Paragraph 1910.184(i)(8)(ii) requires the manufacturer to proof test each repaired synthetic web sling and requires the employer to maintain a certificate of the proof test. The manufacturer will prepare a certificate of the proof test as a usual and customary practice, so the employer has no burden for this activity. However, the Agency estimates that a crane operator spends 1 minute (1/60 hours) to maintain a certificate of the proof test and that 25% (152,299) of synthetic web slings are repaired in any given year.


Burden hours: 152,299 slings × 1/60 hour = 2,538 hours

Cost: 2,538 hours × $46.46 = $117,915

Table 2- Estimated Annualized Respondent Burden Hours and Costs

Information Collection Requirements

Type of Respondent

Number of Respondents

Responses per Respondent

Total Number of Responses


Time per Response

(in Hours)


Burden Hours

Loaded Hourly

Wage


Burden Cost


(A) Alloy Steel Chain Slings (§1910.184(e))

Crane Operator

181

1

181

30/60

91

$46.46

$4,228


126,351

1

126,351

15/60

31,588

$1,467,578


45,126

1

45,126

1/60

752

$34,938

(B) Wire Rope Slings (§1910.184(f))

Crane Operator

1,354

1

1,354

30/60

677

$46.46

$31,453


135,377

1

135,377

1/60

2,256

$104,814

(C) Metal Mesh Slings (§1910.184(g))

Crane Operator

45

1

45

30/60

23

$46.46

$1,069


4,513

1

4,513

1/60

75

$3,485

(D) Natural and Synthetic Fiber Rope Slings (§1910.184(h))

Crane Operator

68

1

68

30/60

34

$46.46

$1,580

(E) Synthetic Web Slings (§1910.184(i))

Crane Operator

609

1

609

30/60

305

$46.46

$14,170


152,299

1

152,299


1/60

2,538

$117,915

TOTAL


465,923


465,923


38,339


$1,781,230









13. Provide an estimate of the total annual cost burden to respondents or record-keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)


The cost estimate should be split into two components: (a) a total capital and start-up cost component annualized over its expected useful life); and (b) a total operation and maintenance and purchase of 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 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.


Item 12 above provides the total cost of the information collection requirements specified by the Standard. There are no costs to the respondents other than their time.


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), 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 into a single table.


There is no cost to the Federal Government associated with this information collection request.


15. Explain the reasons for any program changes or adjustments.


OSHA is requesting an adjustment increase in burden from 31,398 to 38,339 hours, difference of 6,941 hours. This increase in burden hours is a result of an increase in the number of slings increasing from 1,847,854 to 2,256,276.


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.


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.


OSHA lists current valid control numbers in §1910.8, 1915.8, 1917.4, 1918.4, and 1926.5 and publishes the expiration date in the Federal Register notice announcing OMB approval of the information collection requirement (see 5 CFR 1320.3(f)(3)). OSHA believes that this is the most appropriate and accurate mechanism to inform interested parties of these expiration dates.


18. Explain each exception to the certification statement.


OSHA is not seeking an exception.


B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS


The supporting statement does not contain any collection of information requirements that employs statistical methods.


1The purpose of this Supporting Statement is to analyze and describe the burden hours and cost associated with provisions of this standard that contain paperwork requirements; this Supporting Statement does not provide information or guidance on how to comply with, or how to enforce, these provisions.

2 The “Safe operating practices” provisions of the Standard prohibit employers from using a sling without affixed and legible identification markings and from loading a sling in excess of its recommended safe working load as prescribed on its affixed identification markings. 29 CFR 1910.184(c)(13), (14).

3OSHA contacted two chain and wire companies to obtain information on the number of chain slings in use. The Agency was not able to obtain data from industry representatives on the number of slings in use; therefore, for this ICR, OSHA extrapolated from the change in the number of slings from 2008 (1,000,000) to 2010 (1,116,667) and estimated the 2024 value, based on the assumption that the number of slings has increased at the same average annual rate since 2008.

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