Att achment A

1 SUPPORTING STATEMENT EPA I CR 2183.05 RENEWAL DRUG TESTING FOR CON TRACT EMPL OYEES

1. IDENTIFICATION OF THE INFORMATION COLLECTION (a) Title of the Information Collection This informatio n collection request is for new Environmental Protection Agency (EPA), Performance Work Statement entitled **“ Drug Testing for Contract Employees (Renewal),**  **” EPA ICR Number 2183.0**  **5 and OMB Control Number 2030** 
**- 0044.**  The Performance Work Statement applies to a contractor who performs response services at sensitive sites with serious securit y concerns where the Agency and public interest would best be protected through drug testing of contractor employ ees. The Contracting Officer or On

- Scene Coordinator will de signate significant security concerns in the contractual tasking document when the situation warrants. The Performance Work Statement requires the contractor to test employ ees for the use of marijuana, cocaine, opiates, amphetamines, phency clidine (PCP) , and any other controlled substances . Onl y contractor employees who have been tested within the previous 90 calendar day s and have passing drug test results may be directly

engaged in on

- site response work and/or on - site related activities at designated si tes with significant securit y concerns. (b) Short Characterization The EPA uses contractors to perform services throughout the nation in response to environmental emergencies involving the release, or threatened release, of oil, radioactive materials o r hazardous chemicals that may potentially

affect communities and the surrounding environment. Releases may be accidental, deliberate, or may be caused by natural disasters. Contractors responding to any of these t ypes of incidents may be responsible for testing their employ ees for the use of marijuana, cocaine, opiates, amphetamines, phency clidine (PCP) , and any other controlled substances. The testing for drugs must be completed prior to contract employ ee performance. The contractor shall maintain reco rds associated with all drug tests. (c) Terms of OMB Clearance EPA contractors performing emergency response services at non

- Federal facilities are not subject to the requirements and standards of Homeland Security Presidential Directive 12 (HSPD

- 12), e. g., leased office buildings, emergency response sites, private residences, schools, sites of law enforcement activity . This t ype of location is not covered under HSPD

- 12. There are no requirements for drug testing of contractor emplo ye es working at either Federal or non - Federal facilities under HSPD

- 12.Att achment A

2 2. NEED FOR AND USE OF THE COLLECTION (a) Need/authorit y for the Collection The legal authorit y for this collection is Title 5, Code of Federal Regulations, Parts 731, 732, and 736. The EPA has a responsibility to protect the public and Agency and contractor employ ees working on an emergency response incident by

ensuring employ ee s are not under the influence of marijuana, cocaine, opiates, amphetamines, phency clidine (PCP), and any other controlled substances. This process is necessary to allow the EPA to meet its responsibilities and mitigate the threat to the public health, wel fare and the environment. (b) Uses/users of the Data
In formation is collected by response contractors for performing drug tests on contract employ ees before the individual employ ees perform contractual services for the EPA.
3. NONDUPLICATION, CONSUL TA TI ON, AND OTHER COLLECTION CRI TERIA (a) Nonduplication
In formation requested from a contractor ’ s employ ee to determine suitability to perform on a response contract is unique to a specific individual; this information cannot be obtained from an y other source

. (b) Public Notice Required Prior to I CR submission to Office of Management and Budget.
Th is information collection request w as published as a Notice in the Federal Register on June 10 , 2005 , and n o comments were received. This information collection re quest h as been published for renewal as a Notice in the Federal Register on November 13, 2008 and October 31, 2011. No co mments were received for either renewal

. (c) Consultations To determine contractor burden associated with the information collection identified in this request, the following vendors were contacted:

_ _ Representative

__ Firm

___________ ____ Phone

___ Lisa Friday Weston Solutions (610) 701

- 3157 Jack Jemsek Sovereign Consulting (413) 540

- 0650 Joe Baer Tech Law ( 304 ) 230

- 1230 Chry stal Guthrie Chenega ( 703) 822

- 2767 Amy Clark Tetra Tech (626) 470

- 2516 Chuck Baker URS Corp (303) 296

- 3523 Franceska Parkman G2 (865) 482

- 4271Att achment A

3 Mark Ruck Envi ronmental Restoration (636) 680

- 2405 Sherry Maule Guardian Environmental (302) 918

- 3070 John Mount Kemron (404) 636

- 0928 Greg Sulan WRS (609) 371

- 7500 Dhroov Shivjiani Ecology & Environment (206)652

- 5853

Each individual consulted indica ted that he/she understood the need for the information collection and did not find the collection excessively burdensome. Man y contractors indicated they perform drug testing as a normal course of business. Estimated time to complete the information coll ect ion is described in Section 6, “ Estimating the Burden and Cost of the Collection. ” (d) Effects of Less Frequent Collection The information provided by the contractors ’ employ ees is collected once prior to the employ ee performing under a response con tract work on

- site for the EPA and generall y ever y quarter to ensure emplo yees can meet the requirement of having been tested every 90 days prior to starting work on a sensitive site . The requirement for drug testing cannot be met with a less frequent col lection. (e) General Guidelines The information contained in this I CR is in accordance with the Office of Management and Budget ’ s general guidelines for federal data collection, except that small entities have to follow the same collection procedures as other respondents. (f) Confidentiality The EPA contractor is responsible for collecting and maintaining information under this collection of information; therefore, each contractor will have his own procedures for ensuring confidentiality

. The EPA contractor is responsible for having the drug testing performed, and for providing, for work at sensitive sites, only those individual s who have passed the test within the previous 90 day s. (g) Sensitive Questions The contractor will collect and maintain employ ee information. The EPA will not collect contractor employ ee information nor maintain it. EPA is responsible for receiving on ly the notification from contractors of the passing status of proposed emplo ye es and the date of the testing

. Therefore, i nformation being requested by EPA is commonly

collected as a normal business practice and is not unduly sensitive.Att achment A

4 4. THE RESPO NDENTS AND THE INFORMATION RECEIVED (a) Respondents/North American Industry Classification Sy stem Codes Notification is provided from contractors of the passing status of proposed contractor and subcontractor employ ees who will perform services with regard to environmental emergencies involving the release, or threatened release, of oil, radioactive materials or hazardous chemicals that may potentiall y affect communities and the surrounding environment. All contractor employ ees who will perform on re sponse actions are subject to drug testing prior to contract performance. Ty

picall y, these contractor respondents fall into the following North American Industry Classification Sy stem code: 562910 Remediation Services. (b) In formation Requested EPA is only requesting information on the status of proposed employ ees’ drug test and the date of the drug testing.

5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT (a) Agency

Activities The EPA contracting officers are responsible for ensuring that they have received notification from the contractor that all of its employ ees working under the contract at a response site with security

concerns have passed the drug test for the use of marijuana, cocaine, opiat es, amphetamines, phency clidine (PCP), and any other controlled substances

. (b) Collection Methodology and Management The information is collected by each contractor from each employ ee who will be working on a sensitive response site. Submissions are accepted in any format , as long as they

provide a passing status of proposed employ ees and the date the test was given . No other information is submitted to the Agency , but compliance is mandatory and no employ ee may

work on a response site with security concerns without passing the drug test. Onl y those contractor emplo ye es who have been tested within the previous 90 calendar days may be directly engaged in on

- site response work and/or on

- site related activities at designated sites with significant secur ity concerns. (c) Small Entity

Flexibility Separate or further simplified requirements for small entities are not practical because the stated objectives cannot be met under such alternatives. The requirements of the informationAtt achment A

5 collection appl y to th e awardee s of the contract. Reasonable expense associated with the Drug Testing is reimbursable; therefore, small businesses are not expected to experience financial difficulties in fulfilling these requirements. There are numerous commercial sources tha t perform drug tests. (d) Collection Schedule
In formation on the passing status of proposed employ ees and the date the test was given will be collected periodically as individuals are requested to work on a response site location under new or existing co ntracts. 6. ESTI MATING THE BURDEN AND COST OF THE COLLECTION (a) Estimation of Respondent Burden Respondent burden estimates for this collection are based upon interviews with the contractors identified in 3(b) above and discussions with Agency personn el. The Agency anticipates that the contractor burden for comply ing with this requirement includes the time it takes for emplo ye es to provide the required information, the administrative time to manage a drug testing subcontract, the time to notify the Ag ency , and the effort to maintain the records for 4 y ears. (b) Estimation of Respondent Costs (i) Estimating Labor Costs

**Respondent Cost Estimate**

Burden Lo aded Step Collection Activity Labor Cat. Hours

__ Rate

__ Cost

_ 1. Time to provide sample Employ ees 1.5 hour s $ 58.30 $ 87.45 2. Cost of Drug Test $ 44 .00 (subcontract) 3. Manage Drug Test HR Manager .25 hour $ 168.35 $ 42.09 subcontract & review results 4. Submit notification HR Man ager .25 hour $ 1 6 8.35 $ 42.09 5. Maintain files Admin. Support .25 hour $ 51.88 $ 12.97 **2.25 hours Estimated Respondent Cost per**  **Drug Test $**  **228.60** Step 1 of the informati on collection is completed by a contractor employ ee working at a sensitive site. The one and a half hour estimate is based upon information provided by the contractors who were interviewed for this ICR. The previous estimate was only 15 minutes; however, the contractors interviewed indi cated that while this may be realistic for the time it takes the emplo yee to phy sica lly provide a specimen, it does not take into account travelling to a lab, waiting to be called for the testing and returning to the job site. The contractors interviewedAtt achment A

6 indicated th e total process takes from 1

- 2 hours. The cost for Step 2, having a third part y perform a drug test , is based upon market research and input from the vendors survey ed. Vendors’ costs for this ranged from $ 28

- $85

. OHS Health and Safet y Servic es, one of the largest drug testing companies in the United States, estimates average costs at $44 per test. OHS’ prices range from $25

- $65 depending on the volume purchased. This data can be found on the OHS website at www.ohsinc.com . For estimating purposes for this ICR, the $44 average was used. This is les s than previous ICR estimates which were based on $65 per test. Steps 3 and 4, reviewing suitability and notify ing EPA, are performed b y a human resource type m anager responsible for personnel management and are estimated at .25 of an hour based on vendor input . Administrative support personnel are responsible for completing step 5, which includes filing the background check in personnel records. This was estim ated at .25 of an hour based on vendor input. The cost associated with this effort was estimated using an hourl y rate based upon the National Compensation Survey : Occupational Wages in the United States, May 2010 published by the U.S. Department of Labor , Bureau of Labor Statistics and represents the most current survey data available. The categories used included the following: Hazardous Materials Removal Workers, Human Resource Manager, and Office and Admin Support. Since the labor rates used in this estimate are from 2010, an escalation factor of 3% was applied for each ye ar to determine an average wage for the respective y ear. The cost for each labor category

was determined by

multiply ing the escalated hourl y labor rate by an estimated loading fact or of 2.95 to reflect industries’ overhead, fringe benefits, and general and administrative costs for each ye ar (2012

- 2014) that the I CR will be in effect. The 2.95 estimate was provided b y an EPA cost anal ys t as representative of labor related burdens ex perience d by EPA contractors. The loaded labor costs for 2012 thru 2014 were added together then divided b y three (number of ye ars for the I CR) to arrive at an annualized labor cost for each labor category

. The following are the loaded labor rates used in the calculations in the table above: Employ ees: 2010 = $18.08 2011 = ($18.08 x 1.03) $18.62 2012 = ($18.62 x 1.03) $19.18 x 2.95 = $ 56.58 2013 = ($19.18 x 1.03) $19.76 x 2.95 = $ 58.29 2014 = ($19.76 x 1.03) $20.35 x 2.95 = $ 60.03 $174.90/3 = $5 8.30 Human Resource Manager: 2010 = $52.21 2011 = ($52.21 x 1.03) $53.78 2012 = ($53.78 x 1.03) $55.39 x 2.95 = $ 163.40 2013 = ($55.39 x 1.03) $57.05 x 2.95 = $ 168.30 2014 = ($57.05 x 1.03) $58.76 x 2.95 = $ 173.34 $ 505.04/3 = $168.35Att achment A

7 Administrative Support: 2010 = $16.09 2011 = ($16.09 x 1.03) $16.57 2012 = ($16.57 x 1.03) $17.07 x 2.95 = $ 50.36 2013 = ($17.07 x 1.03) $17.58 x 2.95 = $ 51.86 2014 = ($17.58 x 1.03) $18.11 x 2.95 = $ 53.42 $155.64/3 = $51.88 (ii) Capital/ Start

- up Costs Respondents will not be required to acquire capital goods to provide the requested information; therefore, capital start

- up costs have not been included in this estimate. (iii) Operating and Maintenance Costs Operating and maintenance costs, whi ch include such items as file storage, photocopy ing, and postage, will be nominal. (c) Estimating Agency

Burden and Cost Agency burden for responses to background check and suitability determinations.
**Agency Burden Cost Estimate** Labor Lo aded S tep Collection Activity Category Burden Hours

_ Rate

_ Cost 1. Ensure Compliance and GS

- 13 .25 hour $87.26 $21.82 document file **Estimated A gency cost per background check $21.82** 

2009 = 33.84 x 2.16 = $73.09 2010 = ($33.84 x 3.0%) $34.86 x 2.16 = $75.98 2011 = ($34.86 x 3.0%) $35.91 x 2.16 = $77.57 $226.64/3 = $75.55 Drug testing is the responsibility of the EPA contractor. The Agency is primarily responsible for ensuring that contract ors notify the Agency

that its employ ees have passed the drug test. The Agency ’s current effort is estimated to be approximately 15 minutes and performed b y an emplo yee at the GS

- 13 level. The GS

- 13 per hour salary for 2011 with a locality pay for “Rest of US” is $39.21. Since government wages are frozen for 2012, an escalation factor has onl y been applied for 2013 and 2014 using a factor of 3.0% based uponAtt achment A

8 historical cost of living increases for federal workers. These wage rates were then multiplied by a factor of 2.16 to reflect Federal emplo ye e benefits. The 2.16 estimate was provided b y an EPA cost anal ys t as representative of labor related burdens for government employ ees. The loaded labor costs for 2012 thru 2014 were added together then divided b y three (number of ye ars for the I CR) for an annualized loaded rate of $87.26 for the three y ears the ICR is in effect.
2011 = $39.21 2012 = $39.21 x 2.16 =$84.69 2013 = ($39.21 x 1.03) $40.39 x 2.16 = $87.24 2014 = ($40.39 x 1. 03) $41.60 x 2.16 = $89.86 $261.79/3 = $87.26 (d) Estimating the Respondent Universe and Total Burden All EPA contractor personnel performing at an EPA designated sensitive site with significant securit y concerns must be tested for the presence of marijuana, cocaine, opiates, amphetamines, phency clidine (PCP), and any other controlled substances. A site w ith significant securit y concerns is determined by the Agency

and could be sites that involve law enforcement activities, any

indoor cleanups (including household residences), drug lab cleanups, and response actions at geographicall y sensitive locations su ch as military installations and government buildings. The number of contractor emplo yees expected to submit to drug testing is 1,350 for the life of this I CR (3 y ears). This number was determined by input provided from the respondents estimating the number of drug tests that the y provide in a ye ar because th ey would be considered to have security concerns for the Agency . Annuall y, the Agency responds to roughl y 450 incidences with an estimated 5% of these responses, 23 , that may be designated as having securit y concerns for the Agency. There are both small and large businesses working in the field with diverse response site situations that require large variations in the number of emplo ye es. Contractors may be on

- site for a few day s or many

y ears dep ending on the situation. There are currently 44 contracts which require contractors to perform drug testing on employ ees working at sensitive sites . The number of annual drug tests performed by the companies who responded ranged from 0 to 300, this takes into account multiple tests for emplo yees who are being tested quarterly. The government estimate is 450 tests for all contractors per year. (e) Bottom L ine Burden Hours and Costs (i) Respondent Tall y Total estimated annual cost per respondent for this request is 1,012.5 hours at a cost of $102,870 . Th e hours were calculated b y multiplying the number of hours per occurrence, 2.25, by the estimated number of tests per y ear, 450. The cost was derived by multiplying the respondent cost per collectio n, $ 228.60, but the estimated 450 occurrences per year
. The total cost over the life of this ICR, three y ears , is $308,610. The previous ICR estimated cost was $70,686. The primary

reason for the difference is because the previous ICR only estimated 15Att achment A

9 m inutes for the employ ee to provide a sample, which did not take into account time to travel to and from the testing laboratory . Also, the rate used for a manager in the previous estimate was $50 less an hour than that used in today ’s calculations. Interv iews with contractors showed that the ty pe of manager who performs work associated with background checks is a Human Resource Manager; therefore, an average rate for a Human Resource Manager was used for current calculations.

(ii) The Agency

Tall y The to tal annual Agency

burden hours for this collection request are 112.5 hours. This is derived b y taking the total number of contractor employees expe cted to submit to drug testing, 450 per year, b y the estimated burden hours of .25 per occurrence. The total annual Agency burden cost is estimated at $ 9 ,819.00 . This is calculated b y multiplying the estimated burden hours, .25, by

the estimated hourly

rate of $ 87.26 for a total of $ 21.82 for one collection request. Then, the $ 21.82 is multiplied by the estima ted number of annual occurrences, 450, for a total of $ 9,819.00

. The estimated Agency cost over the life of this ICR, three y ears, is $29,457.00 (f) Reasons for Change in Burden As detailed above, there are a number of differences between the previous estimate and this one. This estimate used a lower cost per sample, $44 versus $65. This rate was based on information provided b y the respondents as well as online market research. Also, the rate for the manager in the previous ICR was substantially low er than the 2010 estimate for a human resource manager. Lastly , the number of hours estimated for the employ ee to provide a sample increased from fifteen minutes to one and a half hours

. T he previous ICR only estimated 15 minutes for the employ ee to provide a sample whereas the current estimate takes into account travel time

. (g ) Burden Statement The annual public reporting and record keeping burden for this collection of information is estimated to average 2.25 hour s per response. Burden means the total time, effort, or financial resources expended b y persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instruc tions; develop, acquire, install, and utilize technology and s ys tems for the purposes of collecting, validating, and verify ing information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to compl y with any previously

applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it display s a currentl y valid OMB control number. The OMB control numbers for EPA ’ s regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. To comment on the Agency 's need for this information, the accuracy of the provided burden estimates, and an y suggested methods for minimizing respondent burden, including the use ofAtt achment A

10 automated collection techniques, EPA has established a public docket for this I CR under Docket ID Number EPA

- HQ

- OARM

- 2011

- 0804 which is available for online viewing at www.regulations.gov , or in person viewing at th e Office of Environmental Information in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday

through Friday , excluding le gal holidays. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the Office of Environmental I nformation is (202) 566

- 1752. An electronic version of the public docket is available at www.regulations.gov . This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically . When in the sy stem , select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory

Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer fo r EPA. Please include the EPA Docket ID Number EPA

- HQ

- OARM

- 2011

- 0 804 and OMB Control Number 2030

- 0044 in an y correspondence.