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SUPPORTING STATEMENT
Respirator Program Records 30 C.F.R. §§ 56.5005 and 57.5005 (pertains to metal and
nonmetal surface and underground 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.

Section 101(a) and Section 103(h) of the Federal Mine Safety and Health Act of 1977
(Mine Act), 30 U.S.C. § 811(a) and 813(h), authorizes MSHA to collect information
necessary to carryout its duty in protecting the safety and health of miners.
Title 30 C.F.R. §§ 56.5005 and 57.5005 require, whenever respiratory equipment is used,
that metal and nonmetal mine operators institute a respirator program governing
selection, maintenance, training, fitting, supervision, cleaning, and use of respirators.
30 C.F.R. §§ 56.5005 and 57.5005 seek to control miner exposure to harmful airborne
contaminants by using engineering controls to prevent contamination and vent or
dilute the contaminated air. However, where accepted engineering control measures
have not been developed or when necessary by the nature of work involved (for
example, while establishing controls or occasional entry into hazardous atmospheres to
perform maintenance or investigation), employees may work for reasonable periods of
time in concentrations of airborne contaminants exceeding permissible levels if they are
protected by appropriate respiratory protective equipment.
Sections 56.5005 and 57.5005 incorporate by reference requirements of the American
National Standards Institute (ANSI Z88.2-1969). These incorporated requirements
mandate that miners who must wear respirators be fit-tested to the respirators that they
will use. Certain records are also required to be kept in connection with respirators,
including: written standard operating procedures governing the selection and use of
respirators; records of the date of issuance of the respirator; and fit-test results.
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 mine operator uses the information to properly issue respiratory protection to
miners when feasible engineering and/or administrative controls do not reduce miners’
exposures to permissible levels. Fit-testing records are used to ensure that a respirator
worn by an individual is in fact the same brand, model, and size respirator that was
worn when that individual successfully passed a fit-test. MSHA uses the information to
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determine compliance with the standard.
3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting
this means of collection. Also describe any consideration of using information technology to reduce
burden.

No improved information technology has been identified that would reduce the
burden.
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.

Procedures are developed based on conditions at individual mines. No similar or
duplicate information exists.
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83I), 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.

The development of a respirator program that addresses the selection, use, and care of
respirators is normally not a recurring requirement but is typically a one-time project.
However, in instances where the levels or types of airborne contaminants in mines
change significantly, mine operators may be required to amend their respirator
programs to address these new conditions. There is no specified interval for fit-testing.
However, in instances where the mine operator is found to be out of compliance with
respirator use or maintenance requirements, MSHA inspectors may determine that it is
necessary to inspect fit-testing records for the respirators that are used by miners, to
assess whether miners have been fitted with proper respirators. The health and safety
of miners required to use such respirators could be jeopardized without the collection of
this information.
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;

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•

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

•

requiring respondents to retain records, other than health, medical, government contract, grant-inaid, or tax records for more than three years;

•

in connection with a statistical survey, that is not designed to produce valid and reliable results that
can be generalized to the universe of study;

•

requiring the use of a statistical data classification that has not been reviewed and approved by
OMB;

•

that includes a pledge of confidentiality that is not supported by authority established in statute or
regulation, that is not supported by disclosure and data security policies that are consistent with the
pledge, or which unnecessarily impedes sharing of data with other agencies for compatible
confidential use; or

•

requiring respondents to submit proprietary trade secret, or other confidential information unless
the agency can demonstrate that it has instituted procedures to protect the information's
confidentiality to the extent permitted by law.

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

MSHA published a 60-day preclearance Federal Register notice on October 15, 2007
(Volume 72, Number 198, Pages 58336-58337), 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 payments or gifts to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in

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statute, regulation, or agency policy.

There is no assurance of confidentiality provided to respondents.
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 form 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.

The development of a respirator program that addresses the selection, use, and care of
respirators normally is not a recurring requirement but is typically a one-time project.
However, in instances where the levels or types of airborne contaminants in mines
change significantly, mine operators may be required to amend their respirator
programs to address these new conditions. Reference material is readily available to
the mine operator. Most operators initially prepare these procedures based on the
minimal requirements contained in ANSI Z88.2-1969, section 3.3.3, which references
section 3.5 (3.5.1 through 3.5.8); sections 4, 7.4, 7.5, 8.3, 8.5, 8.2, 6.3.4, and 10.4 as
referenced by section 3.5; and sections 6.3.2.2(4), 6.5.6, 7.1, 7.2, and 7.3. Respirator
manufacturers also provide detailed instructions with each respirator on proper fitting
and use. Based on MSHA industrial hygienists' experience, it is estimated that mine
operators will spend an average of 5 hours per year to fulfill the requirements of the
standards. MSHA's records show that there are approximately 300 mining/milling
operations that may have to comply with this portion of the standards in any one year.
300 mines x 5 hours

=

1,500 hours

Miners who are required to wear respirators are required to be fit-tested and records
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are required to be kept of the results. MSHA's records show that approximately 1,500
miners would be fit-tested once per year, requiring 15 minutes (0.25 hours) per fit-test.
The record keeping would be done simultaneously as the fit-test is being performed.
Therefore, the fit-testing time estimates include the record keeping requirement of this
standard. Any new miners hired, as well as currently employed miners who would be
required to wear a respirator, are included in the calculations.
1,500 miners x 0.25 hour

=

375 hours

In addition to the MSHA record keeping requirements, the ANSI standards,
incorporated by reference, require that records be kept of inspection dates and findings
for respirators maintained for emergency use. Special respirators that are not routinely
used but kept ready for emergency use are required to be inspected after each use and
at least monthly to ensure that they are in satisfactory working condition. MSHA
estimates one emergency respirator per mine.
5 minutes (0.083 hour) x 12 inspections
x 300 special emergency respirators
=

299 hours

TOTAL BURDEN HOURS

2,174 hours

Cost: Salary cost figures used in these calculations are based on Data from the U.S.
Metal & Industrial Mineral Mine Salaries, Wages, & Benefits - 2006 Survey Results
Program development and fit-testing:
1,875 hours x $55.27 (miner) per hour =

$ 103,631

ANSI Record keeping
299 hours x $23.42 (clerical) per hour
Total Hour Cost Burden:

=

$ 7,003
$ 110,634

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

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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.

Equipment required to conduct respirator fit-tests would cost about $300.
300 mines x $300 = $90,000
Because the records are maintained by the mine operator, there are no additional costs
associated with this burden other than those described above.
TOTAL BURDEN COST

$90,000

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.

Records are examined by MSHA personnel during routine inspections. MSHA
estimates that this burden is minimal and has not included a separate cost factor.
15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB
Form 83-I.

The number of mines has decreased slightly, resulting in a decrease of responses (5,530
to 5,400), respondents (from 310 to 300) and burden hours (from 2,235 to 2,174).
The decrease in burden cost (from $156,350 to $90,000) is a result of reevaluating the
previous submission which included all respirators purchased by miners. This
collection correctly identifies only that equipment required to perform the fit test of the
respirators.
16. For collections of information whose results will be published, outline plans for tabulation, and
publication. Address any complex analytical techniques that will be used. Provide the time schedule for
the entire project, including beginning and ending dates of the collection of information, completion of

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report, publication dates, and other actions.

MSHA does not intend to publish the results of this information collection.
17. If seeking approval to not display the expiration date for OMB approval of the information collection,
explain the reasons that display would be inappropriate.

There are no forms associated with this information collection; therefore, MSHA is not
seeking approval to not display the expiration date for OMB approval of this
information collection.
18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork
Reduction Act Submission," of OMB 83-I.

There are no exceptions to the certification statement on the OMB 83-I.

B.

Collection of Information Employment Statistical Methods

Collection of information does not employ statistical methods.

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

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

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

INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
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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.

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[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR56.5005]
[Page 277]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 56--SAFETY AND HEALTH STANDARDS--SURFACE METAL AND NONMETAL MINES--Table
of Contents
Subpart D--Air Quality and Physical Agents
Sec. 56.5005

Control of exposure to airborne contaminants.

Control of employee exposure to harmful airborne contaminants shall
be, insofar as feasible, by prevention of contamination, removal by
exhaust ventilation, or by dilution with uncontaminated air. However,
where accepted, engineering control measures have not been developed or
when necessary by the nature of work involved (for example, while
establishing controls or occasional entry into hazardous atmospheres to
perform maintenance or investigation), employees may work for reasonable
periods of time in concentrations of airborne contaminants exceeding
permissible levels if they are protected by appropriate respiratory
protective equipment. Whenever respiratory protective equipment is used
a program for selection, maintenance, training, fitting, supervision,
cleaning, and use shall meet the following minimum requirements:
(a) Respirators approved by NIOSH under 42 CFR part 84 which are
applicable and suitable for the purpose intended shall be furnished and
miners shall use the protective equipment in accordance with training
and instruction.
(b) A respirator program consistent with the requirements of ANSI
Z88.2-1969, published by the American National Standards Institute and
entitled ``American National Standards Practices for Respiratory
Protection ANSI Z88.2-1969,'' approved August 11, 1969, which is hereby
incorporated by reference and made a part hereof. This publication may
be obtained from the American National Standards Institute, Inc., 1430
Broadway, New York, New York 10018, or may be examined in any Metal and
Nonmetal Mine Safety and Health District Office of the Mine Safety and
Health Administration.
(c) When respiratory protection is used in atmospheres immediately
harmful to life, the presence of at least one other person with backup
equipment and rescue capability shall be required in the event of
failure of the respiratory equipment.
[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 30400, June 8, 1995; 60
FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995]
[Code of Federal Regulations]

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[Title 30, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR57.5005]
[Page 343]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND NONMETAL MINES-Table of Contents
Subpart D--Air Quality, Radiation, Physical Agents, and Diesel
Particulate Matter
Sec. 57.5005

Control of exposure to airborne contaminants.

Control of employee exposure to harmful airborne contaminants shall
be, insofar as feasible, by prevention of contamination, removal by
exhaust ventilation, or by dilution with uncontaminated air. However,
where accepted engineering control measures have not been developed or
when necessary by the nature of work involved (for example, while
establishing controls or occasional entry into hazardous atmospheres to
perform maintenance or investigation), employees may work for reasonable
periods of time in concentrations of airborne contaminants exceeding
permissible levels if they are protected by appropriate respiratory
protective equipment. Whenever respiratory protective equipment is used
a program for selection, maintenance, training, fitting, supervision,
cleaning, and use shall meet the following minimum requirements:
(a) Respirators approved by NIOSH under 42 CFR part 84 which are
applicable and suitable for the purpose intended shall be furnished and
miners shall use the protective equipment in accordance with training
and instruction.
(b) A respirator program consistent with the requirements of ANSI
Z88.2-1969, published by the American National Standards Institute and
entitled ``American National Standards Practices for Respiratory
Protection ANSI Z88.2-1969,'' approved August 11, 1969, which is hereby
incorporated by reference and made a part hereof. This publication may
be obtained from the American National Standards Institute, Inc., 1430
Broadway, New York, New York 10018, or may be examined in any Metal and
Nonmetal Mine Safety and Health District Office of the Mine Safety and
Health Administration.
(c) When respiratory protection is used in atmospheres immediately
harmful to life, the presence of at least one other person with backup
equipment and rescue capability shall be required in the event of
failure of the respiratory equipment.
[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 30400, June 8, 1995; 60
FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995]

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