1 **SUPPORTING STATEMENT EPA ICR 2183.0**  **6 DRUG TESTING FOR CON**  **TRACT EMPLOYEES** 1. **Identification of the Information Collection** (a) **Title of the Information Collection**

**“ Drug Testing for**  **Contract or**  **Em ployees (Renewal),**  **” EPA ICR Number 2183.0**  **6 and OMB Control Number 2030** 
**- 0044.**  (b) **Short Characterization** This Performance Work Statement applies to a contractor who performs response services at sensitive sites with serious securit y concern s where the Agency and public interest would best be protected through drug testing of contractor emplo ye es. The Contracting Officer or On

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

- site response work and/or on

- site related activities at designated sites with significant security concerns. The EPA uses contractors to perform services throu ghout the nation in response to environmental emergencies involving the release, or threatened release, of oil, radioactive materials or hazardous chemicals that may potentially

affect communities and the surrounding environment. Releases may be accidenta l, 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 con trolled substances. The testing for drugs must be completed prior to contract employ ee performance. The contractor shall maintain records associated with all drug tests. (c) **Terms of OMB Clearance** OMB Terms of Clearance: “The Agency has clarified that i t does not require drug testing of contractor emplo yees, but rather that it requires the contractor to provide employees that have been drug tested. Should the agency begin to require drug testing, this I CR should be modified to reflect appropriate protect ions of respondent privacy .” 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 facil ities under HSPD

- 12.2

2. **Need For and Use of The Collection** (a) **Need/authority for the Collection** The legal authorit y for this collection is 5 CFR 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 employees are not under the influence of marijuana, cocaine, opiates, amphetamines, phenc yclidine (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, welfare 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, Consultation, and Other Collection Criteria (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 ICR submission to Office of Management and**  **Budget.** EPA published a n otice in the Federal Register at 80 FR 6704 on February 6, 2015 soliciting public comment on this I CR. N o comments were received. **(c) Consultations** To determine contractor burden associated with the information collection identified in this request, the following vendors were previously contacted:

_ _ Representative

__ Firm

___________ ____ Phone

___ Lisa Friday Weston Solutions (610) 701

- 3157 Eric Simpson Sovereign Consulting ( 508 ) 339

- 3200 Joe Baer Tech Law ( 304 ) 230

- 1230 Mark Ruck Environmental Restoration (636) 680

- 2405 Sherry Maule Guardian Environmental (302) 918

- 3070 Each individual consulted indicated that he/she understood the ne ed 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 the3

information collect 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 contract work on

- site for the EPA an d 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 collection. **(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) Confide ntiality**  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 individuals 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 onl y 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 i s commonly

collected as a normal business practice and is not unduly sensitive. 4. **The Respondents and the Information Received (a) Respondents/North American Industry Classification System 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 aff

ect communities and the surrounding environment. All contractor employ ees who will perform on response actions are subject to drug testing prior to contract performance. Ty

picall y, these contractor respondents fall into the following North American4

Indus try Classification Sy stem code: 562910 Remediation Services. **(b) Information 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, Colle ction 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 si te with security

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

. **(b) Collection Methodology and Management** The information is collected by each contr actor from each emplo ye e 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 Ag ency , 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

- sit e response work and/or on

- site related activities at designated sites with significant security 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 information collection appl y to the awardee s of the contract. Reasonable expense associated with the Drug Testing is reimbursable; therefore, small businesses are not expected to experience financi al difficulties in fulfilling these requirements. There are numerous commercial sources that 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 periodical ly as individuals are requested to work on a response site location under new or existing contracts.5

6. **Estimating the Burden and Cost o**  **f 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 personnel. 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 informat ion, the administrative time to manage a drug testing subcontract, the time to notify the Agency , 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 $ 65.47 $ 98.21 2. Cost of Drug Test $ 44 .00 (subcontract) 3. Manage Drug Test HR Manager .25 hour $ 172.36 $ 4 3 .09 subcontract & review results 4. Submit notification HR Manager .25 hour $ 172. 36 $ 43 .09 5. Maintain files Admin. Support .25 hour $ 53.38 $ 13.35 **2.25 hours Estimated Respondent Cost per**  **Drug Test $**  **2 41.74**  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 previously interviewed for this I CR. The contractors interviewed indicated that while it takes .15 minutes to provide a specimen, this may be realistic for the time it takes the employ ee 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 interviewed 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 inpu t from the vendors survey ed. Vendors’ costs for this ranged from $ 28

- $85

. OHS Health and Safet y Services, 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 o n 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. Steps 3 and 4, reviewing suitability and notify ing EPA, are perform ed by a human resource ty

pe manager 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 person nel records. This was estimated at .25 of an hour based on vendor input.6

The cost associated with this effort was estimated using an hourl y rate based upon the May 2013 National Occupational Employ ment and Wage Estimates United States ( http://www.bls.gov/oes/current/oes_nat.htm#43

- 0000 ) published by the U.S. Department of Labor, Bureau of Labor Statistics. Previously the National Compensation Survey : Occupational Wages in the United States, May 2010 published by

the U.S. Department of Labor, Bureau of Labor Statistics was used. 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 201 3 , 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 factor of 2.95 to reflect industries’ overhead, fringe benefits, and general and administ rative costs for each ye ar (2014

- 201 7 ) 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 relate d burdens experience d by EPA contractors. The loaded labor costs for 201 4 thru 201 7 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 labo r rates used in the calculations in the table above: Employ ees: 2013 = $20.30 2014 = ($20.30 x 1.03) $20.91 2015 = ($20.91x 1.03) $21.54 x 2.95 = $ 63.54 2016 = ($21.54 x 1.03) $22.19 x 2.95 = $ 65.45 2017 = ($22.19 x 1.03) $22.86 x 2.95 = $ 67.42 $196.41/3 = $65.47 Human Resource Manager: 2013 = $53.45 2014 = ($53.35 x 1.03) $55.05 2015 = ($55.05 x 1.03) $56.71 x 2.95 = $ 167.28 2016 = ($56.71 x 1.03) $58.41 x 2.95 = $ 172.31 2017 = ($58.41 x 1.03) $60.16 x 2.95 = $ 177.48 $ 517.07/3 = $17 2.36 Administrative Support: 2013 = $16.78 2014 = ($16.78 x 1.03) $17.28 2015 = ($17.28 x 1.03) $17.80 x 2.95 = $ 50.36 2016 = ($17.80 x 1.03) $18.33 x 2.95 = $ 54.09 2017 = ($18.33 x 1.03) $18.88 x 2.95 = $ 55.70 $160.15/3 = $53.387

**(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 co sts, which 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 Step Collection Activity Category Burden Hours

_ Rate

_ Cost 1. Ensure Compliance and GS

- 13 .25 hour $ 88.13 $2 2.03 document file **Estimated A gency**  **cost per background check $22.03**
Drug testing is the responsibility of the EPA contractor. The Agency is primarily responsible for ensuring that contractors notify the Agency

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

- 13 level. This is less than previous y ears, which was estimated at thirty

minutes. After interviewing contracting officers, it was apparent that the process has become more efficient and takes less time. The GS

- 13 per hour salary for 2013 with a locality pay for “Rest of US” is $39.21. Government wages were frozen for 2013. The GS

- 13 per hour salary

for 2014 with a locality

pay for “Rest of US” is $39.60. An escalation factor has been applied using a factor of 3 .0% based upon 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 relate d burdens for government employ ees. The loaded labor costs for 2014 thru 2017 were added together then divided by three (number of years for the ICR) for an annualized loaded rate of $88.13 for the three ye ars the ICR is in effect.
2014 = $39.60 2015 = $39.60 x 2.16....= $85.54 2016 = ($39.60 x 1.03) $40.79 x 2.16 = $8 8.10 2017 = ($40.79 x 1.03) $42.01 x 2.16 .. = $ 90.75 $264.39/3 = $88.138

**(d) Estimating the Respondent Universe and Total Burden** All EPA contractor personnel per forming 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 with significant securit y concern s 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 such 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 prov ide 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 depending 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 employ ees who are being tested quarterly . The government estimate is 450 tests for all contractors per year. **(e) Bottom Line Burden Hours and Costs**  **(i) Respondent Tally** Total estimated annual hours per respondent for this request is 1,012.5 hours at a cost of $ 108,783 . 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 collection, $ 241.74 , b y the estimated 450 occurrences per year
. The total cost over the life of this ICR, three ye ars , is $ 326,349

. The previous ICR estimated cost was $ 102,870. In terviews with contractors showed that the ty pe of manager who performs work associated with background checks is a H uman Resource Manager; therefore, an average rate for a Human Resource Manager was used for current calculations.

**(ii) The Agency Tally** The total annual Agency

burden hours for this collection request are 112.5 hours. This is derived b y taking the total number of contractor employ ees 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 , 91 3.50 . This is calculated b y multiplying the estimated burden ho urs, .25, by

the estimated hourly

rate of $ 88.13 for a total of $ 22.03 for one collection request. Then, the $ 22.03 is multiplied by the estimated number of annual occurrences, 450, for a total of $ 9, 913.50

. The estimated Agency cost over the life of thi s ICR, three ye ars, is $ 29,740.509

**(f) Reasons for Change in Burden** As detailed above, this rate was based on information provided by the respondents as w ell as online market research. There is no change in the hours in the total estimated respondent burden compared with the I CR currentl y approved by OMB. **(g ) Burden Statement**  The annual public reporting and record keeping burden for this collection of information is estimated to average 2 hour s per response. Burden means the total time, effort, or f inancial 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 instructions; develop, acquire, install, and utilize technology and s ys tems for th e 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 person nel 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 re spond 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 of automated collection techniques, EPA has established a public docket for this I CR under Docket ID Number EPA

- HQ

- OARM

- 201 4

- 0858 which is available for online viewing at www.regulations.gov , or in person viewing at the 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 legal holiday s. 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 for EPA. Please include the EPA Docket ID Number EPA

- HQ

- OARM

- 2014

- 0 858 and OMB Control Number 2030

- 0044 in an y correspondence.