Confidence Is Growing in Environmental Services
The US Workforce Confidence Index measures how LinkedIn members are feeling about their careers, investments, personal finances, and more. It uses a scale from -100 to +100 to reflect professionals’ sentiments and expectations about the labor market.
These consumer confidence measures have historically been a key indicator of the economy. LinkedIn is in a unique position to measure how people feel, to understand what challenges they’re facing, and to help find them solutions.
Environmental Services ranked near the top of industries whose employees have gained the most confidence in their employer’s outlook for the future.
Tuesday, November 2, 2021
IHMM Today is an online publication of the Institute of Hazardous Materials Management (IHMM)
are compiled from independent sources and do not necessarily reflect the opinions of IHMM.
IHMM Credential Recognition
Below you will see the credential badges that are now in each CHMM, CHMP, CDGT, CDGP, Student CHMM, CSHM, CSMP, and ASHM certificant’s MYIHMM account. Every IHMM certificant may use these badges, linked as those below are to their IHMM credential page, for their email signatures, business cards, and other social media applications. You’re justifiably proud of the accomplishment of having earned your credential and you can show the rest of the world. Simply right-click on the badge of choice, then save as to your computer, and then load it to wherever you want to use it, and please link that back to https://ihmm.org/.
IHMM Certificant Recognition
IHMM has completed inserting new credential badges in every certificant’s MYIHMM account. Everyone may access those badges for use in their email signatures, LinkedIn accounts, and other social media and communications media. With a link from your credential badge to the IHMM website [see above] you can not only stand out as an IHMM-certified professional, you can also promote IHMM credentials to others. Right-click on the badge of choice, save as to your computer, then load it to whatever medium you choose.
Throughout our certificant’s MYIHMM accounts are also now placed 10 Year, 20 Year, and 30 Year badges signifying their longevity as an IHMM certified professional.
IHMM has also added Distinguished Diplomates and Fellows of the Institute badges to the appropriate people in the MYIHMM database. These two badges will be accompanied by new lapel pins to be sent to each of those distinguished by holding these designations.
Need Help? On the IHMM website just click on the “NEED HELP?” button
and let us know what you need and the right person will get right back with you.
Biden Administration Vaccine Mandate For Businesses
The Department of Labor on Monday said that the Biden administration’s vaccinate mandate for businesses, which is being developed by the Occupational Safety and Health Administration (OSHA), will be published soon.
“On November 1, the Office of Management and Budget completed its regulatory review of the emergency temporary standard. The Federal Register will publish the emergency temporary standard in the coming days,” a Labor Department spokesperson said in a statement.
OSHA has been crafting an emergency temporary standard (ETS) to enact the mandate, which requires that all companies with at least 100 employees require vaccines or weekly testing for employees. Biden announced the sweeping vaccine-or-test mandate in September.
Read More in The Hill > https://thehill.com/homenews/administration/579392-bidens-vaccine-mandate-for-businesses-to-be-published-by-osha-in-the
FEMA ESF #10 Emergency Support Functions that describe federal coordinating structures that group resources and capabilities into functional areas most frequently needed in a national response. Support Annexes describe how support is organized among private sector, non-government organizations and federal partners.
FEMA ESF #10 > https://www.fema.gov/sites/default/files/2020-07/fema_ESF_10_Oil-Hazardous-Materials.pdf
IHMM Launches ASHM Video
In a continuing series of videos featuring IHMM certificants talking about their credentials and what their credentials mean to them, IHMM is pleased to release its Associate Safety and Health Manager [ASHM] video featuring Gavin Giere, ASHM. Thank you Gavin for having volunteered! Gavin does a great job talking about his ASHM and we thank him.
June Brock-Carroll, Board Member and Treasurer
IHMM 2021 Board of Directors Election
We are pleased to announce that, with the end of the month-long election for the CHMP seat on the IHMM Board of Directors, June Brock-Carroll, CHMP of South Carolina, has been re-elected to the Board.
Congratulations to June. As a voice of intelligence, calm, wit, and reason, she is an invaluable partner and outstanding leader.
June’s new 4-year term begins January 1, 2022.
“Creating a Safety Culture in Today’s Environment” with Daniel Blankfeld, CSHM, SMS, CSMP, CHST, CIT
Blankfeld, VP of Safety for the CBG Building Company Building Company. Learn from one of the industry’s Safety Professionals who has relied on the support of senior executives, developed quality training programs, established mentor/mentee relationships, and works with field-level supervisors and contractors to create a Safety Culture where everyone wins and goes home safe.
Sponsored by: REGENESIS Remediation Solutions – Corporate, E-Tank, Ltd. (& E-Pump), and the Institute of Hazardous Materials Management.
#safety #safetytraining #safetyprofessionals #safetyculture #safetyfirst
https://lnkd.in/e9kkEtTw
PHMSA International Program Overview
PHMSA’s International Program provides leadership in the development of international hazardous materials transportation safety standards. The program draws on PHMSA’s technical expertise, stakeholder participation, and multi-modal collaboration to support the development of innovative global transport safety standards to support alternative and sustainable energy sources, new technologies, and process innovations.
The International Program consists of three safety pillars: Global Safety Standards, Trade Facilitation, and Multi-Modal Collaboration. By providing U.S. leadership and expertise in international forums, PHMSA’s International Program enhances the safe handling and transportation of critical hazardous materials.
As the U.S. competent authority on the transport of hazardous materials, PHMSA represents the interests of all U.S. stakeholders. PHMSA’s International Program holds public meetings before attending international forums. All public meetings are announced below and through the Federal Register. The PHMSA International Program encourages participation in public meetings or by contacting us directly.
| November 3, 2021 | ICAO Public Meeting | 11a.m. – 1p.m. EST This meeting will be held virtually via MS Teams. Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 509-931-1572,,471985432# United States, Spokane Phone Conference ID: 471 985 432# |
The Federal and Innovative Funding Sources for the Prevention, Monitoring, and Treatment of Harmful Algal Blooms
VIRTUAL FORUM
November 9-10, 2021
1:00 p.m. – 4:00 p.m. Eastern Time
Register Here
You are invited to participate in an EPA virtual forum in which participants from federal agencies will provide an overview of the federal funding programs related to harmful algal blooms (HABs), the funding allocation/application process for those programs, and how inland and coastal communities can use the programs to address HABs challenges.
Invited speakers will provide an overview of federal funding programs from:
- National Oceanic and Atmospheric Administration (NOAA)
- United States Geological Survey (USGS)
- United States Department of Agriculture (USDA)
- Environmental Protection Agency (EPA)
The forum will also include presentations from communities that have utilized funds from these federal programs as well as a session dedicated to the discussion of innovative funding sources and approaches.
During the forum, we will:
- Provide information to participants on federal sources available to fund the prevention, monitoring, and treatment of HABs;
- Hear about real-world examples of communities that have successfully used these funding sources for HABS related projects; and,
- Allow participants to share perspectives with federal agencies on their experiences, challenges, and successes accessing funding for HABs.
For any questions related to this announcement, please contact [email protected].
National Advisory Committee on Occupational Safety and Health (NACOSH) Meeting Notice
The National Advisory Committee on Occupational Safety and Health (NACOSH) will meet on Tuesday November 16, 2021 from 1:00 p.m. to 5:00 p.m., ET, by teleconference and WebEx. Comments and requests to speak must be submitted by November 9, 2021. Individuals may submit comments and requests to speak, identified by Docket No. OSHA-2021-0001, electronically at http://www.regulations.gov, which is the Federal e-Rulemaking Portal. For more information, including tentative agenda items and access information for the virtual meeting, see the Federal Register Notice.
Driving Employee Participation in Safety through Representation
Save the Date!
The next installment of the Safe + Sound Partner Seminar Series will take place on November 16, 2021 at 1:00 p.m. Eastern Time. Join the National Safety Council (NSC) and the Safe + Sound Campaign for a webinar on “Driving Employee Participation in Safety through Representation,” which focuses on building employee engagement around safety by ensuring everyone has a voice at the table. This webinar will also examine how to set clear, measurable goals around participation and representation.
Registration Link:
https://nsc-org.zoom.us/webinar/register/WN_uW89Tf0vT-q-IimfwT0H4Q
Time Is Running Out
The Safe + Sound partner survey will close on Monday, October 18th. We want to hear from you! Please fill out the survey and help us improve Safe + Sound.
Encourage Workers to Participate
Workers often know the most about potential workplace hazards associated with their jobs, and they may be able to recommend simple, effective solutions. Managers should create an environment where workers feel encouraged to speak up and offer their input. Learn how to include worker participation in your safety and health policy. Download the Worker Participation Worksheet – Inclusion in your Policy worksheet now! The purpose of the Safe + Sound worksheets is to provide concrete activities to help you develop and implement your safety and health program.
OFCCP – Register for the Webinar on Construction Compliance Reviews
In September 2021, the Office of Federal Contract Compliance Programs published the latest Corporate Scheduling Announcement List for construction contractors. Federal and federally assisted construction contractors and subcontractors are subject to regulations specific to construction work.
Join OFCCP for a discussion on Construction Compliance Reviews for Contractors. This webinar will cover the following:
- Contractor obligations found under the regulations implementing EO 11246, VEVRAA, and Section 503
- How to prepare for a compliance evaluation
The webinar will be Wednesday, Nov. 10, 2021 from 2:00pm – 4:00 p.m. Eastern Time.
If you would like to attend, please register.
While this event will focus on providing compliance assistance for federal and federally assisted construction contractors and subcontractors, all are welcome to attend.
REGISTER TODAY
FEDERAL CREDENTIAL RECOGNITION – CALL TO ACTION – Freedom to Invest in Tomorrow’s Workforce Act
CALL TO ACTION – Representative Spanberger of Virginia’s 7th Congressional District has drafted legislation entitled, H.R. 2171, “Freedom To Invest in Tomorrow’s Workforce Act.” This legislation expands the provisions of existing law with respect to the allowable uses of Section 529 education tuition accounts to include most expenses paid by the holders of private professional certifications. We need you to contact your House and Senate members to ask them to co-sponsor this legislation.
CLICK HERE TO PARTICIPATE
You can support this effort with your voice and message. Go here> https://ihmm.org/45-in-5-task-force/ and fill out your contact information where provided and help to pass H.R. 2171/S. 905.
IHMM CSSS-CSSM Committee Set to Meet
Thanks to the 15 volunteers, the IHMM Certified School Safety Manager [CSSM] and Certified School Safety Specialist [CSSS] committee meets on November 2, 2021 to begin the process of creating new blueprints for each credential. The IHMM CSSS-CSSM Committee shall serve as the committee of the Institute that will determine whether there is sufficient basis of support among CSSS and CSSM credential holders to create fully credible IHMM credentials with complete job task analyses, blueprints, exams, and item banks, and all other associated work to create newly formed credentials for recommendation to the IHMM Board of Directors.
Here is the committee > https://ihmm.org/csss-cssm-committee/
For more information please contact Mikki Shea at [email protected]
Call for Volunteers – Student CHMM Committee
From Spring 2020 through Early Summer 2021 IHMM ran a pilot program for the newly created Student CHMM credential. See > https://ihmm.org/student-chmm/ The pilot program involved two colleges that brought forth 90 Student CHMM applications. Having successfully conducted this pilot program, IHMM now seeks to have a small group of volunteers oversee and help to guide the program.
You can learn more about the program here > https://ihmm.org/ihmm-student-chmm-committee/ including the charter of the committee as approved by the IHMM Board of Directors.
If you would like to help increase interest in IHMM credentials among college students, this is your opportunity to make a meaningful and valuable contribution to IHMM and to college students before they graduate from college and start their professional hazmat careers.
Go here > https://ihmm.org/ihmm-student-chmm-committee/ and volunteer today! Preference is given to CHMMs.
IHMM to Launch Student ASHM Credential
Thanks to the outstanding leadership of the IHMM Associate Health and Safety Manager [ASHM] Committee chaired by IHMM Board member Jan Rosenberg > https://ihmm.org/ashm/ IHMM will be launching a Student-level version of the ASHM in 2022.
The ASHM is for recent graduates of IHMM-approved or ABET-approved colleges and universities, of which there are 41 today.
The new Student ASHM will focus on students of these same schools to introduce them to professional credentials and the IHMM EHS credentials while they are in school.
IHMM to Launch Associate Hazardous Materials Manager [AHMM]
Thanks to the outstanding leadership of IHMM Board Vice Chair William Diesslin together with fellow Board member Morgan Hyson, the IHMM Board of Directors has created a new hazardous materials credential entitled Associate Hazardous Materials Manager [AHMM].
This is the draft blueprint for the Associate Hazardous Materials Manager [AHMM] credential.
IHMM Board Approves Federal Credential Recognition Rulemaking
The IHMM Board has approved a proposal for IHMM to create an initiated rulemaking at EPA to amend 40 CFR § 312.10 – Definitions to include CHMMs, as well as a petition to the Small Business Administration recognizing CHMMs for the purposes of conducting Phase I and Phase II site assessments.
Important to these efforts will be every non-government credential holder to support the effort when the time is right. IHMM will notify all very soon.
Government Agencies That Recognize the IHMM Credentials
Here is a small sampling of the government agencies that recognize IHMM Credentials
Notification of Regional Roundtable Discussions Regarding “Waters of the United States”
US Department of Labor Initiates Rulemaking to Protect Workers, Outdoors and Indoors, from Heat
Salary Survey 2021
Job Safety Analysis
Delta-8 THC and the workforce
Behavior-based safety is needed now more than ever
Make the best of your circumstances
Michigan to offer grants promoting sustainable materials management
Plant from Plastics: Bio-Based Polymers Can Be Transformed Into Fertilizer
Pesticide Registration Review; Pesticide Dockets Opened for Review and Comment; Notice of Availability
TSCA Section 21 Petition for Rulemaking Under TSCA Section 6; Reasons for Agency Response; Denial of Requested Rulemaking
Strategy To Reduce Lead Exposures and Disparities in U.S. Communities
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Water Quality Standards Regulation (Renewal)
EPA Makes PFAS Announcements, Issues PFAS Strategic Roadmap and Planned RCRA Hazardous Waste Designations
U.S. District Court Vacates Trump Administration Rule Governing the Clean Water Act’s One-Year Deadline for State Water Quality Certifications Under Section 401
SB 343: Is Recycling Liability on The Way?
You Should Care That the First Circuit Decided Yesterday to Reconsider (Again) Its Respect for the Role of Federal and State Environmental Regulators
Four PFAS May Be Designated RCRA Hazardous Wastes
Reps & Warranties Insurance [PODCAST]
Top EHS Practices: Key Components of a Full-Service Safety Program
Investigation of Deadly Trench Collapse finds Colorado Company Exposed Workers to Excavation Hazards
Controlling Hazardous Energy – The Key Components of a LOTO Program
EPA’s Shift In Chemical and Hazardous Materials Regulation and What Retailers Can Expect
Nuclear Question: Debate continues over long-term storage of nuclear waste in the Great Lakes
National Safety Council
IHMM is a member of the National Safety Council and is pleased to bring this important information to all of its certificants.
NSC Webinars
November 3 – OSHA’s First Aid Requirements: Top FAQs – Answered!
November 4 – Building Blocks of Effective Hazard Communication Programs
November 4 – Top 10 OSHA Citations: What Are They and How Do I Avoid Them?
November 9 – Industrial Scientific, MSA, 3M Abrasive Systems and Occupational Health & Safety for this complimentary webinar
November 10 – Top 10 OSHA Citations: What Are They and How Do I Avoid Them?
November 10 – Drinking Water Utility Spill Response Webinar
November 11 – Implementing Continuous Improvement in Electrical Safety Against Electrical Shock and Arc Flash
November 11 – ISO 45003 for Workplace Mental Health
IHMM is a member of the American Society of Safety Professionals and is pleased to pass along this information to our certificants.
Free Webinar: The ANSI/ASSP Z490 EHS Training Standards
Join us on November 3 at 11 a.m. CT to learn about the ADDIE training methodology, which is at the core of the ANSI/ASSP Z490.1 standard, and gain insight into how the revised standard will address each phase of ADDIE. Leave with practical guidance on ways you can make environmental health and safety (EHS) training more defensible. Register today
ASSP Training
November 3 – The Z490 EHS Training Standards
November 11 – Turning the Page: Reengage People and Revitalize Your Culture
November 16 – Live Virtual Classroom: Corporate Safety Management
Protecting Workers from Heat. OSHA initiated a rulemaking process to prevent heat injury and illness in outdoor and indoor work settings. Public comments must be submitted by December 27.
Hazardous Substance Initiative. OSHA launched an initiative to protect workers in the Midwest from occupational exposure to hazardous substances such as asbestos, formaldehyde and cadmium.
Safety Settlement. A New York iron foundry agreed to correct serious hazards, implement enhanced safeguards and pay penalties after being cited for multiple violations.
COVID-19 Violations. A rehabilitation and post-acute care facility, and a nursing facility, both face penalties for failing to protect workers from coronavirus hazards under OSHA’s Emergency Temporary Standard for healthcare.
Trenching Violations. OSHA cited a company for exposing workers to excavation hazards following a deadly trench collapse.
Safety Violations. A concrete products manufacturer was cited for failing to evaluate workplace hazards and establish safety measures, after a 67-year-old worker was fatally engulfed in rocks
Promoting Pandemic Safety. Puerto Rico’s On-Site Consultation Program is working with employers on exposure control plans and other steps to protect workers from COVID-19 hazards.
HMS Education and Training
Hazardous Materials Society now has 6,347 education and training programs on its website, with more coming every week. Certificants will note that most of these programs carry a CMP value, making it easier to know in advance what to expect. The HMS Education and Training platform also provides a wide variety of courses for professional development across all of IHMM’s credentials – and more are being developed by the HMS Education and Training Committee.
IHMM applicants and certificants are free to search the landscape for training. IHMM wanted to make that task easier by aggregating training in one place if you choose to use it. Among these more than 11.000 programs are webinars delivered online and virtually all carry IHMM CMPs values with them for your annual / 5-year CMP planning.
U.S. Environmental Protection Agency
Do you want to hold polluters accountable? Clean up contaminated sites? Address environmental crimes?
The U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance [OECA] is holding a Virtual Career Fair on Wednesday, October 20, 2021, at 9.30 am Eastern. For more information on the OECA Virtual Career Fair, including an opportunity to register please visit https://lnkd.in/gbZQwz2v Space is limited, so sign up early!
Donate to HMS
One of the most important projects of the Hazardous Materials Society is our Scholarship Program.
HMS wants to make it as easy as possible for those who cannot always afford to participate in pursuing certification, or keeping up with professional development, or attending great conferences and receiving outstanding training. HMS does not solicit contributions from the general public. HMS does ask IHMM’s certificants and their companies and our education and training vendors to consider a contribution.
Here, through your generosity, you can make a difference in promoting the ability of those who can afford it least to become participants in our communities of practice.
It’s never too late to make a difference, so don’t let this opportunity to make a difference pass you by. Please consider a tax-deductible donation of $250, $500 or what you can to help build HMS’s effort to help others in our communities of practice.
Member Benefits of Hazardous Materials Society
81% of IHMM certificants are aware of the Hazardous Materials Society, which we appreciate. IHMM established the Hazardous Materials Society in order to support and provide services to IHMM certificants.
Did You Know?
Your company’s membership dues for Associate Membership in the Hazardous Materials Society (HMS) are 100% tax-deductible and your participation directly supports scholarship and education/training opportunities for professionals working in hazmat and EHS. Joining as an Associate Member expresses your commitment and your company’s leadership in giving back to our professional community. Join today to claim your tax deduction for the 2020 tax year while expressing your company’s professional affiliation and accessing tools for your marketing and business development plans.
To learn more about what HMS is doing now and what they are planning for the future, please see the new Member Benefits page here.
In February of 2020, the World Health Organization’s director-general has declared a public health emergency of international concern over the ongoing outbreak of respiratory illness caused by a novel coronavirus. On March 13, 2020 President Trump declared a national emergency for the United States. IHMM and HMS’ first concern is with the safety and health of all of us; our staff and families, colleagues, certificants and members. We will update this page regularly as credible, authoritative information is available.
INFORMATION FOR HEALTHCARE PROFESSIONALS, PUBLIC HEALTH PROFESSIONALS, AND LABORATORIES.
New! Vaccine Data Dashboard. We now have a specific dashboard dedicated to state vaccination plans, updated daily. For each state, you’ll find:
- Current distribution phase,
- Brief overview of state plan,
- Current and future eligible populations, and
- Links to state documentation.
A Collaborative Culture
There are 531 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]
Retiring? IHMM Invites You to Become an Emeritus
You may have decided, after a long and successful career, to retire from active daily duty. Congratulations. That doesn’t mean you have to completely disengage from your profession. IHMM is pleased to offer Emeritus status to all certificants who will no longer be actively engaged in their communities of practice but who still want to stay in touch. Please let us know when you’re approaching that decision and we will assist you in the credential transition.
Please contact Jim Drosdak at [email protected] and he’ll be happy to help you.
Columbia Southern University
The Hazardous Materials Society [HMS] is a partner of Columbia Southern University. Columbia Southern University is an online university based in Orange Beach, Alabama, that strives to change and improve lives through higher education by enabling students to maximize their professional and personal potential.
A subsidiary of Columbia Southern Education Group, CSU offers online degree programs at the associate, bachelor, master, doctorate or certificate levels in a multitude of areas such as occupational safety and health, fire administration, criminal justice, business administration, human resource management, health care administration and more. CSU also features undergraduate and graduate certificate programs to provide focused training in specialized areas for adult learners.
Click on the CSU graphic at left and learn more about the professional development and degree program opportunities at CSU.
IHMM CONFERENCES FOR 2021-22
IHMM will attend and support a number of conferences and trade shows throughout 2021-22, virtually as well as in-person as COVID issues allow. Below are some of the conferences IHMM will support in 2021-22.
Are there conferences you believe IHMM should attend that do not appear here? If so, let us know by sending an email to [email protected]
Federation of Environmental Technologists Environment 2021 Conference
December 7-9, 2021
The Ingleside Hotel, Pewaukee, Wisconsin
This will be an in-person event – more information here.
EnviroWorkShops 2022 Global Enviro Summit
April 4-7, 2022
Charlotte, North Carolina
Contaminated soil, groundwater, and the air is a global issue and over $1 trillion is spent every year to mitigate pollution. There is a lot still to learn from each other on how each segment of the environmental industry impacts the next. The 2021 Global EnviroSummit is postponed until April 4-7, 2022 due to COVID-19 Delta variant.
With over 75 speakers from around the globe, the EnviroSummit is likely the first environmental conference that will have presentations from all 6 continents about 4 different themes – Remediation, Air Quality, Vapor Intrusion, and Wastewater.
American Society of Safety Professionals – San Francisco
March 10, 2022
San Ramon, California
This Annual Symposium provides one of the most sought-after events for attendees to learn the profession’s best practices focusing on Safety, Health, Industrial Hygiene & Environmental Issues. The Symposium is attended by over 400+ attendees annually and features an Exhibition of over 40+ Sponsors and Exhibitors. The event features a keynote speaker and 20 breakout sessions with five concurrent tracks running throughout the day. The event is hosted at the San Ramon Marriott, located at 2600 Bishop Drive in San Ramon, California.
Thank you to Bart Miller, CHMM, for being the IHMM’s leader for this event.
Beltway Buzz – Ogletree & Deakins
Second Time Is the Charm? On October 28, 2021, Democrats in the U.S. House of Representatives released text of their revamped and slimmed-down Build Back Better Act (H.R. 5376) (though at nearly 1,700 pages, “slimmed down” is a relative term). Of course, a similar announcement was made back in July 2021 and that resulted in three months of political drama and infighting. Here are the headlines from a labor and employment policy perspective.
- Paid Leave
- The proposed $500 billion federal paid family and medical leave program went from a promised 12 weeks of paid leave, to a rumored 4 weeks, to being dropped from the bill entirely in an effort to bring down costs.
- Labor Provisions
- The bill would authorize the imposition of civil penalties of up to $50,000 for each unfair labor practice (ULP) committed by an employer and up to $100,000 for certain repeat violations. The “public interest” is one of the statutory factors that the National Labor Relations Board would consider in assessing the penalty amount. The bill would also permit civil penalties to be assessed against individual directors or officers of an employer.
- Significantly, other labor provisions that would have created new penalties for actions such as hiring permanent replacements during a strike or prohibiting class action arbitration agreements have been stripped from the bill.
- Wage and Hour Provisions
- The bill would increase fines on employers that repeatedly or willfully violate federal minimum wage or overtime prescriptions from $1,100 to $20,740. The fines for unlawfully keeping employees’ tips would increase from $1,100 to $11,620. Civil penalties for violations of child labor prohibitions would also increase.
- Workplace Safety
- Pursuant to the bill’s workplace safety provisions, the maximum penalty for a willful or repeat violation would increase from $70,000 (currently adjusted for inflation to $136,532) to $700,000, and the minimum penalty would increase from $5,000 (currently adjusted for inflation to $9,753) to $50,000. Caps on serious violations and failures-to-correct violations would increase from $7,000 (currently adjusted for inflation to $13,653) to $70,000.
Fans of Schoolhouse Rock!, the animated educational children’s series of 1970s and 1980s Saturday morning television, understand that a bill is not a law, so there is still a ways to go. Currently, the timeframe for moving this legislation through the House and the U.S. Senate (remember that Democrats will not need Republican votes on this) is unclear.
OSHA Update. It’s another week filled with workplace safety policy developments.
- OSHA Vaccine ETS Update. The Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine emergency temporary standard (ETS) is still being reviewed by the Office of Information and Regulatory Affairs (OIRA). Since OSHA sent the ETS to OIRA on October 12, it has scheduled 130 meetings with stakeholders. Currently, there are no publicly scheduled meetings for the week beginning November 1, 2021.
- OSHA Assistant Secretary Confirmed. On October 25, 2021, the Senate confirmed the nomination of Douglas L. Parker to be assistant secretary of labor for occupational safety and health. Parker will have a lot on his plate once he is sworn in: the forthcoming vaccine ETS, the current ETS for healthcare workplaces, a third revision to regulations addressing injury and illness reporting, and the development of a hazardous heat standard (more on this below). Martha I. Casillas presents unique California-based insights on what Parker will bring to his new role. Parker will be the first confirmed assistant secretary for OSHA since David Michaels left the position on January 10, 2017.
- The Heat Is On. Speaking of the heat stress standard, on October 27, 2021, OSHA issued an advance notice of proposed rulemaking (ANPRM) to begin the process of developing a hazardous heat standard for indoor and outdoor workplaces. OSHA is soliciting feedback on a variety of issues, including but not limited to: (1) potential underreporting of heat-related illness in the workplace; (2) which industries or occupations are most at risk for such illness; (3) best practices to help protect workers from heat illness; and (4) “[h]ow should climate change be factored into an OSHA heat illness and injury prevention standard?” Comments are due on or before December 27, 2021.
EEOC Updates Guidance on Vaccines and Religious Accommodations. In the wake of federally mandated employee vaccination requirements, this week the U.S. Equal Employment Opportunity Commission updated its COVD-19 guidance “addressing questions about religious objections to employer COVID-19 vaccine requirements and how they interact with federal equal employment opportunity (EEO) laws.” Among other clarifications, the updated guidance makes clear that “objections to COVID-19 vaccination that are based on social, political, or personal preferences, or on nonreligious concerns about the possible effects of the vaccine, do not qualify as ‘religious beliefs’ under Title VII [of the Civil Rights Act of 1964].” Katherine Dudley Helms and Andrew L. Metcalf have the details.
DOL Finalizes Tip-Credit Rule. On October 29, 2021, the U.S. Department of Labor’s Wage and Hour Division published its final tip-credit rule. The regulation partially replaces a Trump-era rulemaking with the so-called 80/20 rule, which prohibits an employer from taking a tip credit under the Fair Labor Standards Act (FLSA) if an employee’s non-tip-producing work “exceeds, in the aggregate, 20 percent of the employee’s hours worked during the workweek.” The final rule becomes effective on December 28, 2021. Steven F. Pockrass and Victoria L. Vish have the details.
PUMP for Nursing Mothers Act Passes House. On October 22, 2021, the U.S. House of Representatives passed the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (H.R. 3110). While the 2010 Break Time for Nursing Mothers law, which amended section 7 of the FLSA, requires employers to provide reasonable break time and space (other than a bathroom) for nursing workers to pump breast milk, the PUMP for Nursing Mothers Act would expand coverage to include employees exempt from the FLSA and would provide an enforcement mechanism to address situations in which employers fail to provide such accommodations. The bill passed the House, 276–149, with 59 Republicans voting in favor of the legislation.
The Buck Stopped There. Seventy-two years ago this week, the Fair Labor Standards Act Amendments of 1949 were enacted into law. Among other provisions, the 1949 amendments increased the minimum wage from $.40 to $.75 per hour, defined the phrase “regular rate of pay” for the purposes of calculating overtime (it was undefined in the original act), expressly prohibited “oppressive child labor,” and empowered the Department of Labor to take legal action to recover unpaid wages on behalf of employees. Upon signing the bill into law, President Harry S. Truman stated, “[T]he improvements made by the new act will go far toward achieving our basic purpose of assuring minimum labor standards necessary for health, efficiency and general well-being of workers.”
IHMM-HMS EVENTS CALENDAR
IHMM has a companion organization for which education and training programs are presented and delivered. The Hazardous Materials Society is IHMM’s Professional Association and HMS’ education and training website can be found here.
IHMM AFFILIATIONS
9210 Corporate Boulevard, Suite 470
Rockville, Maryland, 20850
www.ihmm.org | [email protected]
Phone: 301-984-8969 | Fax: 301-984-1516