IHMM Today June 25, 2024

Inside IHMM

A Collaborative Culture

There are 1,379 different conversations going on in the IHMM/HMS Collaboration platform this week.

A collaborative culture is important for every business but is especially important for our hazardous materials, dangerous goods, environment, health, and safety communities of practice. Do you have a problem you need to solve and want the opinions of your colleagues? This is where we come together to help each other.

IHMM credentialed professionals are at the top 1% of their professions and their reach is global. We are at the forefront of environmental protection, health, and safety and this is where collaborating with the best people in their fields, always willing to help one another, lessens the stress of our jobs, and where we strive as a team to make a difference of which we are proud.

We opened COLLABORATION to enable thousands of certificants and supporters to collaborate together.

You can collaborate here.

Access to COLLABORATION is through the same username/password you use to access your MYIHMM account. Having a problem? Contact Jimmy Nguyen at [email protected]

IHMM Proposes Changes in Government Recognition of Credentials

IHMM Signs Letter Opposing Reductions in OSH Worker’s Pay – The IHMM Government Affairs Committee has agreed to sign a coalition letter opposing reductions in pay for IH and OSH employees. Here is the coalition letter we signed.

IHMM submitted comments on OSHA Advisory Committee on Construction Safety and Health (ACCSH): Notice of Meetings concerning OSHA-2024-0002-0007, and highlighted the creation of IHMM’s Certified Pandemic Preparedness Specialist [CPPS] credential.

State of Maine Department of Environmental Protection is proposing to update Chapter 851, Standards for Generators of Hazardous Waste. In the current regulation, work is required by a professional engineer. IHMM is proposing to include an environmental professional as defined by 40 CFR §312.10.

Beltway Buzz – Ogletree Deakins

Administration to Institute “Parole in Place” for Spouses, Streamline H-1B Process for DREAMers. On June 18, 2024, President Biden announced two new policies intended to streamline the paths to both legal status and work authorization for certain undocumented noncitizens. While no formal implementing orders or regulations have followed, the announcement covers the following situations:

• First, the U.S. Department of Homeland Security (DHS) will allow certain undocumented noncitizens married to U.S. citizens to apply for lawful permanent residence without having to leave the country, as they are currently required to do. This is called “parole in place.” According to the White House, “[i]n order to be eligible, noncitizens must—as of June 17, 2024—have resided in the United States for 10 or more years and be legally married to a U.S. citizen, while satisfying all applicable legal requirements.” According to the White House, this new policy “will protect approximately half a million spouses of U.S. citizens, and approximately 50,000 noncitizen children under the age of 21 whose parent is married to a U.S. citizen.”

• Second, the U.S. Department of State and DHS will provide guidance to facilitate and streamline the D-3 waiver process by which DACA recipients and DREAMers can apply for and receive an H-1B visa.

The Buzz will have more as the formal legal processes to implement these policy changes unfold.

Overtime Changes Looming. Late last week, Ranking Member of the Senate Health, Education, Labor and Pensions Committee, Senator Bill Cassidy (R-LA), along with thirty Republican colleagues, introduced a Congressional Review Act resolution to rescind the U.S. Department of Labor’s (DOL) overtime rule. Even if the resolution can make it through Congress before the July 1, 2024, initial implementation phase takes effect, President Biden will assuredly veto the measure. Meanwhile, in the face of the looming implementation date, business groups are asking the DOL to stay the July 1 effective date pending various legal challenges to the rule. The request notes that a stay would be of minor consequence to the DOL, but it would help employers and employees avoid the costs and hassle of taking steps to comply with the new rule, only to have the rule subsequently invalidated in federal court.

EEOC Offers Anti-Harassment Best Practices for Construction Employers. This week, the U.S. Equal Employment Opportunity Commission (EEOC) issued a document, entitled, “Promising Practices for Preventing Harassment in the Construction Industry.” The document “identifies promising practices for industry leaders to help prevent and address harassment in the construction industry.” The Commission identifies five core principles for preventing and addressing harassment in the industry:

• Committed and engaged leadership (examples include sitewide training, worker surveys, and subcontractor monitoring);
• Consistent and demonstrated accountability;
• Strong and comprehensive harassment policies (that are clearly communicated, accessible, and up to date);
• Trusted and accessible complaint procedures (with multiple channels in multiple languages); and
• Regular, interactive training tailored to the audience and the organization.

House Committee Approves Student Athlete Bill. The U.S. House of Representatives Committee on Education and the Workforce has voted to advance the Protecting Student Athletes’ Economic Freedom Act. As the Buzz recently profiled, the bill would prohibit college athletes from being “considered an employee of an institution, conference, or association.”

Republicans Introduce Bill to Eliminate DEI Programs in the Federal Government. Republicans in the U.S. Senate and House have introduced the Dismantle DEI Act of 2024. According to an accompanying press release, the bill would “eliminate all federal diversity, equity, and inclusion (DEI) programs and funding for federal agencies, contractors, organizations, and educational accreditation agencies that receive federal funding and maintain DEI programs.” Federal contractors should be aware that the bill would prohibit the federal government from entering into contracts with entities that operate DEI programs. Additionally, the bill would rescind a series of DEI-related executive orders and require the Office of Personnel Management and the Office of Management and Budget to rescind regulations, policies, procedures, guidance, etc., developed to implement those executive orders. The bill would also shutter federal agency DEI offices and adjust federal performance appraisal protocols and training programs. Though the bill is unlikely to gain much ground in the Democratic-controlled Senate, it could receive attention if the Republicans gain control of Congress following the November 2024 elections.

PHMSA Issues New Rule Requiring Electronic Tracking of Hazardous Materials on Trains After East Palestine Incident

Climate Adaptation Plans

n-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA)

The Environmental Protection Agency (EPA or the “Agency”) is proposing to address the unreasonable risk of injury to human health presented by n-methylpyrrolidone (NMP) under its conditions of use as documented in EPA’s risk evaluation and risk determination for NMP pursuant to the Toxic Substances Control Act (TSCA). NMP is a widely used solvent in a variety of industrial, commercial, and consumer applications including the manufacture and production of electronics such as semiconductors, polymers, petrochemical products, paints and coatings, and paint and coating removers. EPA determined that NMP presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to NMP, including developmental post-implantation fetal loss from short-term exposure and reduced fertility and fecundity from long-term exposure. Additional adverse effects associated with exposure to NMP include liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, skin irritation, and sensitization. To address the identified unreasonable risk, EPA is proposing to: prohibit the manufacture (including import), processing, and distribution in commerce and use of NMP in several occupational conditions of use; require worker protections through an NMP workplace chemical protection program (WCPP) or prescriptive controls (including concentration limits) for most of the occupational conditions of use; require concentration limits on a consumer product; regulate certain consumer products to prevent commercial use; and establish recordkeeping, labeling, and downstream notification requirements.

DATES:

Comments must be received on or before July 29, 2024. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before July 15, 2024.

ADDRESSES:

Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2020-0744, through the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/​dockets/​.

Federal Register Notice

OSHA’s Hazard Identification Training Tool

OSHA’s Hazard Identification Training Tool is an interactive, online, game-based training tool for small business owners, workers and others interested in learning the core concepts of hazard identification. After using this tool, users will better understand the process to identify hazards in their own workplace.

This tool is intended to:

(1) Teach small business owners and their workers the process for finding hazards in their workplace,
(2) Raise awareness on the types of information and resources about workplace hazards available on OSHA’s website.

Important: This is a learning tool. The items presented in this tool are for training purposes only and the visual representations are conceptual and do not always show specific control for hazards. OSHA inspections and possible citations and penalties for violation of OSHA regulations are NOT part of this tool. Employers and workers must consult the applicable OSHA standards for the specific requirements applicable to their workplaces when developing and implementing their own hazard identification program.

Go here to download the tool.

OSHA Emergency Response Proposal – Comment Period Extended Through 7/22/24

The Occupational Safety and Health Administration (OSHA) has again extended the comment period on its proposed rule to provide expanded safety and health protections for emergency responders, including firefighters, emergency medical service providers and technical search and rescue workers. Interested parties now have until July 22, 2024, to submit comments electronically at regulations.gov, which is the Federal e-Rulemaking portal. All submissions must include the agency’s name and docket number for this rulemaking (Docket No. OSHA-2007-0073). For more information, please see the Federal Register notice or visit osha.gov/emergency-response/rulemaking.

EPA Announces New Resource Portal And Reporting Tool Improvements On CDR Reporting

On May 16, 2024, the U.S. Environmental Protection Agency (EPA) announced the creation of CDR GuideME, a new resource portal, and improvements to the reporting tool to make the reporting process easier. According to EPA, CDR GuideME is part of its effort to develop “a user-friendly, single location for all CDR guidance documents and other training materials, including the reporting instructions, fact sheets, and selected EPA responses to industry inquiries.” The Chemical Data Reporting (CDR) rule requires all companies to report data electronically using e-CDRweb through EPA’s Central Data Exchange (CDX) system. Updates to CDX include:

• Incorporating 2024 CDR reporting codes that can be used and the years covered by the reporting period;

• Providing an updated spreadsheet for uploading chemical information in bulk (available in the resources section of the reporting tool); and

• Improving the functionality to copy substantiations of confidential business information (CBI) claims between chemicals and for accessing and saving a copy of submitted records.

The CDR website has updated guidance on submitting information to the CDR database, as well as information about prior CDR reporting cycles. EPA notes that stakeholders must register with CDX and be approved by EPA before they can begin submitting forms. The 2024 CDR submission period began June 1, 2024, and will end September 30, 2024. More information is available in our May 17, 2024, blog item.

Attention Transporters of Hazardous Materials: PHMSA Proposes Registration Fee Updates

PHMSA

In an NPRM, the agency, in order to account for what it contends are increased transport of hazardous materials as well as what it says are the burdens such transport places on first responders, proposes updates to the registration fees under the statutorily mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. Comments are due no later than August 22^nd, 2024. See details and how to comment here.

Federal Register Notice

OSHA HCS Amendments Primarily Align with GHS Rev 7

OSHA issued a final rule on May 20, 2024, that amends the Hazard Communication Standard (HCS) to conform to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), primarily Revision 7 (Rev 7), address issues that arose during the implementation of the 2012 update to the HCS, and provide better alignment with other U.S. agencies and international trading partners while enhancing the effectiveness of the standard. 89 Fed. Reg. 44144. OSHA states that, consistent with Executive Order 13563 and the Regulatory Flexibility Act, which call for assessment and, where appropriate, modification and improvement of existing rules, OSHA has reviewed the existing HCS. OSHA states that it determined that the revisions in the final rule “will enhance the effectiveness of the HCS by ensuring employees are appropriately apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of chemical-related occupational illnesses and injuries.” The modifications to the HCS include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, new labeling provisions for small containers, new provisions related to trade secrets, technical amendments related to the contents of safety data sheets (SDS), and related revisions to definitions of terms used in the standard. The final rule will be effective July 19, 2024. For more information on the modifications to the HCS and our Commentary, please read the full memorandum.

Read more here.

EPA Releases Draft Risk Evaluation Documents for DIDP and DINP for Public Comment and Peer Review

EPA announced on May 20, 2024, the availability of and solicited public comment on the draft manufacturer-requested risk evaluation (MRRE) for di-isodecyl phthalate (DIDP) and the draft physical chemical, fate, and hazard assessments for di-isononyl phthalate (DINP) prepared under TSCA. 89 Fed. Reg. 43847. In its May 17, 2024, press release, EPA states that it preliminarily determined that all but one of the uses of DIDP that EPA evaluated under TSCA do not contribute to unreasonable risk to human health. Additionally, EPA preliminarily determined that DINP causes liver damage at lower concentrations than DIDP, and unlike DIDP, could cause cancer at higher levels of exposure. Comments on the draft documents are due July 19, 2024. For more information on the next steps in the peer review process and our commentary, please read the full memorandum.

Read more here

Safe + Sound Week 2024

Safe + Sound Week will be held from August 12-18, 2024.

Registration will open in July. Resources on how to participate will be released in the coming months. Stay tuned for more information! In the meantime, visit the Safe + Sound event archive to view participation from previous years.  

NIOSH Mental Health Resources

NIOSH launched an Impact Wellbeing Guide: Taking Action to Improve Healthcare Worker Wellbeing. This Guide offers six concrete Action Steps that hospital leaders can take to accelerate or supplement professional well-being efforts in their hospitals. It was developed in partnership with the Dr. Lorna Breen Heroes Foundation and tested in six CommonSpirit hospitals across the U.S.

Participate in the Fall Stand-Down

The 11^th Annual National Safety Stand-Down to Prevent Falls in Construction will take place from May 6-10, 2024. Join us to help prevent fall hazards in the workplace by participating in the Stand-Down.

TSCA Reform – 8 Years Later

June 26, 2024, 8:00 a.m. – 5:30 p.m. (EDT)
George Washington University Milken Institute School of Public Health, Washington, D.C., and via livestream

Save the date to join Bergeson & Campbell, P.C. (B&C^®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health for a day-long conference reflecting on the challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the Toxic Substances Control Act (TSCA) stands today. This year, the conference will be held in person at the George Washington University Milken Institute School of Public Health (and will be livestreamed via YouTube). CLE will be offered in select states for in-person attendees only. Please check ELI’s event page in the coming weeks for more information, including an agenda, CLE information, registration, and more. If you have questions in the meantime, please contact Madison Calhoun ([email protected]).

Are You Prepared for Any School Emergency?

We are excited to invite you to the next crucial step on the Path to Safer Schools: “Be Prepared”. Join us for this empowering conversation, designed to equip school leaders, teachers, and safety professionals with essential skills and knowledge for comprehensive emergency preparedness.

Webinar Details:

• Date: July 16, 2024
• Time: 2 PM EST
• Panelists: Guy Bliesner, Daniel Dluzneski, Gabrielle Morquecho
• Register Here

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• 7/11 – Enhancing School Safety Using Behavioral Threat Assessment Webinar
  Hosted by U.S. Secret Service National Threat Assessment Center (NTAC)
• 8/7 – Preventing Mass Attacks in Our Communities Webinar
  Hosted by the U.S. Secret Service National Threat Assessment Center
• 9/25-26 – 2024 National Summit on K-12 School Safety and Security

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Explore Our School Threat Assessment Toolkit:

Now Available in Interactive Web Format!

A Family Tradition of Industrial Hygiene

“I grew up thinking hazard communication was my second language,” said Chandra Deeds Gioiello, CIH. For Gioiello, industrial hygiene was the family business. Her parents, both Certified Industrial Hygienists and AIHA Fellows, founded the consulting firm IHSC LLC after they met at an AIHA conference in 1980. Currently, Gioiello is a senior consultant at and the vice president of IHSC, and she is also assuming management of the company’s daily operations and long-term planning. Gioiello and her mother, Denese Deeds, CIH, FAIHA, tell their story in an I Am IH video they collaborated on for AIHA.

Read more here.

IHMM-HMS Event Calendar