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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules
and data that provide additional details on MSHAs forecast including sensitivity analysis results are included
in the proposed rule docket at https
www.regulations.gov/docket?D=MSHA-

2018-0016 and are posted on MSHAs website at www.msha.gov.

TABLE 5PROJECTED REDUCTIONS IN FATALITIES AND INJURIES INVOLVING SURFACE MOBILE EQUIPMENT AT ALL
COVERED MINES
Nonfatal injuries Year
Fatalities NFDL

1
2
3
4
5
6
7
8
9
10

0.48
4.80
4.80
4.80
4.80
4.80
4.80
4.80
4.80
4.80

3.52
32.00
29.60
27.20
25.60
24.00
22.40
20.00
18.40
16.80

NDL
1.52
15.20
14.40
14.40
13.60
13.60
13.60
12.80
12.80
12.80

MSHA Assumes that due to timing of implementation, the startup will result in only 10% of likely reduction of the overall as the operators begin implementing their programs.

Benefit Monetization To estimate the monetary value of the reductions in fatalities and nonfatal injuries, MSHA used an analysis that relies on the theory of compensating wage differentials i.e., the wage premiums paid to workers to accept the risk associated with various jobs in the labor market. This theory grows out of the widely observed correlation between higher job risk and higher wages, which suggests that employees demand monetary compensation in return for incurring greater risk. The measure of risk reduction as applied to fatalities is known as the Value of a Statistical Life VSL. Despite its name, VSL is not the valuation of life, but the valuation of reductions in risks. Following OMB
Circular A4 and adjusting for real income changes, MSHA has used a VSL
value of $13.6 million for the 2018 base year and $13.9 million for the first year of rule implementation.3 By the tenth year, the VSL value reaches $16.5
million.4
For NFDL and NDL injuries, MSHA
used percentages of VSL. In the past, to estimate the cost of nonfatal lost-time injuries, MSHA used a value equivalent
to 0.7 percent of VSL. The figure is taken from a 2003 meta-analysis by Viscusi & Aldy and represents the studys estimate of injury dollar value divided by the VSL. For this analysis, MSHA continues its use of 0.7 percent of VSL for NFDL injuries.
For the NDL injuries, as discussed in the PRIA, MSHA considered values from two sources. The National Safety Council NSC and the National Institute for Occupational Safety and Health NIOSH have analyzed injury costs and have continued to update their findings.
NIOSH, which is part of the Centers for Disease Control and Prevention, focuses on researching and developing new knowledge related to worker safety and health and to transfer that knowledge into practice. The National Safety Council is recognized among safety professionals as a leading nonprofit safety advocate. The organization focuses on eliminating the leading causes of preventable injuries and deaths. The NIOSH data offers many values for individual industry groups, together with numerous percentile groupings, means, and medians, but no single overall value. By contrast, NSC
provides a consolidated estimate of the
cost of each type of injuryone cost estimate for non-fatal injuries with days lost NFDL that includes wage losses, medical expenses, administrative expenses, and employer costs, and a second cost estimate for injuries resulting no days of work lost NDL
that takes into account medical expenses, administrative expenses and employer costs. Note that neither estimate includes costs of property damage except to motor vehicles.
MSHA believes that the average calculated by the NSC is a reasonable estimate to use for NDL injuries, because it is simpler and more similar to estimates used in past MSHA
analysis. Adjusting the 2016 NSC value of $39,000 2016 dollars for inflation using the Medical Consumer Price Index CPI, this figure yields a 2018 value of $40,000. By taking the ratio of $40,000
to a 2018 VSL of $13.6 million, MSHA
calculates a percent-of-VSL value of 0.3
percent rounded value for NDLs. For more detailed information, including alternate scenarios, see the monetization discussion in the full PRIA. Table 6 lists the resulting annual values for VSL and nonfatal injuries.

TABLE 6ANNUAL VALUES FOR VSL AND INJURIES
VSL
$ millions
lotter on DSK11XQN23PROD with PROPOSALS1

Year 1
2 3
4

3 In selecting this VSL, MSHA has taken into account recent VSL research and OMB Circular A
4 guidance, which underscore the need to reflect industry-specific risk profiles in calculating VSLs.

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For a detailed discussion, see the Preliminary Regulatory Impact Analysis.
4 The historical VSL value is adjusted for inflation. Future years are adjusted using projected increase in national real income. These adjustments
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$13.90
14.16
14.44
14.71

NFDL
$ millions $0.10
0.11
0.11
0.11

NDL
$ millions $0.04
0.04
0.04
0.04

are consistent with the practice of other large federal agencies. See the Preliminary Regulatory Impact Analysis for the formula and documentation.

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