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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules
50505

TABLE 6ANNUAL VALUES FOR VSL AND INJURIESContinued VSL
$ millions
Year 5
6
7
8
9
10

Table 7 below displays the monetized benefits from the reductions in fatalities and nonfatal injuries attributable to the
proposal. These figures are calculated by multiplying the numbers of prevented fatalities and nonfatal injuries
15.00
15.28
15.58
15.88
16.18
16.50

NFDL
$ millions 0.11
0.11
0.12
0.12
0.12
0.12

NDL
$ millions 0.04
0.04
0.04
0.04
0.04
0.05

in Table 5 by the VSL estimates of fatal and nonfatal injuries shown in Table 6.

TABLE 7MONETIZED BENEFIT ESTIMATESUNDISCOUNTED
Values in Table 5 Values in Table 6
Prevented fatalities $ millions
Year
Prevented nonfatal injuries NFDL
$ millions
Prevented nonfatal injuries NDL
$ millions
Annual total
$ millions
1
2
3
4
5
6
7
8
9
10

6.7
68.2
69.1
70.6
72.0
73.4
74.9
76.3
77.8
79.2

0.4
3.5
3.3
3.0
2.8
2.6
2.7
2.4
2.2
2.0

0.1
0.6
0.6
0.6
0.5
0.5
0.5
0.5
0.5
0.6

7.1
72.3
73.0
74.1
75.4
76.6
78.1
79.2
80.5
81.9

10-Year Total

668.2

24.9

5.0

698.2

Totals are based on the detailed data without rounding of the individual table cells.

C. Compliance Costs As explained above, this proposed rule would require certain mine operators to develop a written safety program in which they would systematically evaluate risks to reduce accidents, injuries, and fatalities. The quantified costs associated with this proposal would be two typesone related to the development of the written safety program, and the other related to measures taken to enhance safety and minimize risks.
Safety Program Development Cost MSHA recognizes that mine operations are diverse, with varying mining methods, mining conditions and operations, types of mobile equipment, and mined commodities. Under this proposal, mine operators would develop
programs that are unique to their operations and/or build on existing programs.
Program development costs are estimated based on categories of actions to be included in the written program.
To develop the safety program, a mine operator would need to implement various procedures and processes that identify hazards and manage risks.
However, many operators already have a number of procedures and processes in place that would meet the requirements of this proposal. Those operators would only have to identify and describe these procedures and processes. Therefore, when MSHA
estimates the average time for each type of action it would take a mine operator to develop a written safety program, it is averaging across these variations in
the new compliance actions that would be required.
The hourly-wage data used in MSHAs analysis assumes an average rate for all mining and uses BLSs 2018
Occupational Employment Survey OES mean wage rates adjusted for benefits and wage inflation since completion of the survey. MSHA has also added an overhead cost rate of 1
percent to the wage rates. Labor costs for most employees are estimated using $65.10 per hour for a supervisor; the only exception is the item identified as clerical assistance, for which the estimated cost is $31.46 per hour. Costs are estimated based on a projection that 5,027 mine operators would need to develop written programs. Table 8
summarizes these costs associated with a written safety program.

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TABLE 8SAFETY PROGRAM DEVELOPMENT COSTS
Mine task hours annual
Major Safety Program Elements
Identifying hazards and manage risks
Evaluating technologies that enhance safety
Summarizing findings and developing written program
Clerical assistance to finalize program clerical rate $31.03

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15
60
20
30

Total hours task hours
5,027 mines 75,405
301,620
100,540
150,810

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09SEP1

One-time $ millions $4.9
19.5
6.5
4.7

Out-year annual $ millions $0.0
0.0
0.0
0.0