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Thursday, June 29, 2023
EHS Professional 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.
Certified Safety Management Practitioner® [CSMP®]
IHMM’s Certified Safety Management Practitioner (CSMP®) credential recognizes workplace safety and health professionals who have a less formal education but can demonstrate a mastery of workplace safety and labor law regulations earned through training and experience. Gain the trust and confidence of your colleagues and management with a CSMP® credential.
Learn more about the CSMP here
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IHMM Credential Recognition
Below you will see the 4 EHS credential badges that are now in each CSHM, CSMP, ASHM, CSSM, and Student 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.
IHMM Credentials Accredited By
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.
IHMM UPDATES
Wildfire Smoke Downwind Affects Health, Wealth, Mortality
US Department of Labor, trade groups, unions partnering to protect workers from hazards in trenching, excavation
US Department of Labor invites small business owners, local governments to share input on potential heat standard to protect indoor, outdoor workers
What is it about construction? Factors driving the industry’s high suicide rate
Can ANSI/ASSP Z16.1 help you move your safety program forward?
Federal investigators find JBS Foods failed to protect Green Bay plant worker from amputations by ignoring required safety standards
Federal investigators find Piedmont Airlines failed to follow required safety procedures to protect ground crew member from suffering fatal injuries
Department of Labor cites entertainment company in Orlando fireworks warehouse blaze, explosion in which 4 workers perished
Texas just nullified water break mandates. How will that impact construction workers?
‘Bench it, shore it, shield it, slope it’: Utility contractors spotlight trench safety
How Today’s Contractors Simplify Workforce Planning
Readers Respond: Contractors call for industrywide air safety mandate
OSHA receives feedback on possible heat standard, asks for more
School threats | NC task force hears plan to keep schools safe, findings into threats
Occupational Therapy Students Partner with Norco to Bring Worker Safety and Wellbeing to Life
Focus on Safety over Health in Risk Management is Failing Women
Survey Finds Collaboration Key in Preventing Healthcare-Associated Infections
AI Based Farm Equipment May Increase Worker Safety But Cost Jobs
Half Moon Bay Mushroom Farms Cited for Workplace Safety Violations After Mass Shooting
On the Front Lines After Storms: Local Tree Trimmers Have a Dangerous Job
Maple Ridge Sawmill Receives $27K Fine for Workplace Safety Violations
Construction Inspections Falls to Record Low, Prompting Safety Fears
‘Any Mistake Can Take Your Life: The Immigrant Women Working Construction in New York
Inmates at Clark County Jail Graduate from OSHA 10 Construction Program
SeaWorld San Diego’s Electric Eel Ride Shut Down After Injury, Cal/OSHA says
Andrew Brought Provides OSHA Inspection Advice to Employers in Business Insurance
What is the Mission of OSHA?
Cal/OSHA Reminds Employers to Protect Workers from Heat Illness During Period of High Heat
IHMM GOVERNMENT AFFAIRS
US Department of Labor Invites Small Business Owners, Local Governments to Share Input on Potential Heat Standard
The Occupational Safety and Health Administration (OSHA) invites small business owners and representatives from local government entities to join a series of upcoming discussions on the potential impacts of a workplace heat standard on small businesses.
Currently, OSHA is developing a potential standard for workplaces — in which the agency has jurisdiction — to prevent heat illness and injury in outdoor and indoor environments in general industry and in the construction, maritime and agriculture industries. As part of its process, OSHA is holding Small Business Advocacy Review Panel meetings to gather views on the potential effects of a heat standard on small businesses. The meetings will be held in teleconferences where small businesses can share concerns and discuss current practices for protecting their employees from heat-related illnesses and injuries. The discussions will be open to the public.
In October 2021, OSHA published an Advance Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register, initiating the rulemaking for OSHA to consider a heat-specific workplace standard. OSHA has also taken several actions to protect workers from the dangers of excess heat in the workplace, including:
- Developing an enforcement initiative on heat-related hazards.
- Launching a National Emphasis Program on heat inspections.
- Creating a National Advisory Committee on Occupational Safety and Health Heat Injury and Illness Prevention Work Group.
- Launching a Heat Illness Prevention campaign to educate employers and workers on the dangers of working in the heat.
For more information, please see the OSHA Trade Release.
OSHA Seeks Feedback on Effectiveness of Leading Indicators to Improve, Develop Resource Tool
The U.S. Department of Labor’s Occupational Safety and Health Administration is asking for stakeholder input on their current use of leading indicators and their impact on managing their safety and health management systems. Leading indicators are proactive and preventive measures that can provide insight on the effectiveness of safety and health activities and reveal potential problems. They are vital in reducing worker fatalities, injuries, illnesses, and financial impacts.
As OSHA considers developing a Leading Indicators Resource, the agency welcomes stakeholders to share their experience and expertise and provide detailed feedback on how/where they are used at their workplace. OSHA is interested in various perspectives on stakeholders’ answers to questions, such as the following:
- What leading indicators do you use?
- What lagging indicators do you use (OSHA incident rates, for example)?
- What leading indicators are, or could be, commonly used in your industry?
- What metrics do you share with top management?
- How do you determine the effectiveness of your leading indicators?
- Do you link your leading indicators to outcome data, such as OSHA incident rates to evaluate results?
- How could employers be encouraged to use leading indicators in addition to lagging indicators to improve safety management systems?
- What barriers and challenges, if any, have you encountered to using leading indicators?
Individuals may submit comments at regulations.gov by July 17, 2023, which is the Federal eRulemaking Portal, identified by docket number OSHA-2023-0006. For more information, see the OSHA Trade Release.
Beltway Buzz – Ogletree Deakins
Summer Arrives, but Congress Eyes Fall Deadlines. This week, the U.S. Congress wrapped up an extended period in Washington, D.C., before heading out for a two-week recess for the Independence Day holiday. In the wake of the Fiscal Responsibility Act, appropriators spent much of their time this week working on the various bills that theoretically must be passed to fund the federal government beyond September 30, 2023. Funding for the federal government, as well as the military, will be addressed in the next big policy debates on Capitol Hill that will unfold over the summer and early fall. The Buzz will be watching to see where labor and employment issues—such as potential confirmation votes for nominees such as Julie Su (nominated to be U.S. secretary of labor)—will fit in Congress’s busy schedule.
Nominations: Federal Judicial Update. On June 21, 2023, the U.S. Senate confirmed Natasha C. Merle to serve as a district judge of the U.S. District Court for the Eastern District of New York. The confirmation marks the 100th district judge confirmed by the Senate during the Biden presidency. As of this week, the Senate had confirmed 136 federal judges (pursuant to Article III of the U.S. Constitution), including Ketanji Brown Jackson, who in April 2022 was confirmed as an associate justice of the Supreme Court of the United States, 35 judges to the U.S. courts of appeals, and 100 judges for the U.S. district courts. In comparison, at the same time during the Trump presidency, the Senate had confirmed two associate Supreme Court justices (Neil Gorsuch and Brett Kavanaugh), 41 judges to the U.S. courts of appeals, and 80 district court judges.
POTUS Renominates EEOC Chair. President Biden has renominated U.S. Equal Employment Opportunity Commission (EEOC) chair, Charlotte Burrows, to serve a third term. Burrows began serving on the EEOC in 2015 and was renominated for a second term that ends on July 1, 2023. However, as long as her nomination is pending, Burrows may continue to serve until the Senate adjourns sine die (likely at the end of the calendar year). Also pending in the Senate is Kalpana Kotagal’s nomination to serve as a commissioner of the EEOC and Karla Gilbride’s nomination to serve as EEOC general counsel.
PWFA on the Way. Signed into law on December 29, 2022, the Pregnant Workers Fairness Act (PWFA) goes into effect next week—on June 27, 2023. The PWFA requires the EEOC to promulgate implementing regulations by December 29, 2023, but the Commission hasn’t even issued a regulatory proposal yet. The absence of a notice of proposed rulemaking prompted Senator Bill Cassidy (R-LA)—the U.S. Senate Committee on Health, Education, Labor and Pensions’ (HELP) ranking member and the lead Republican co-sponsor of the PWFA—to criticize the Commission two weeks ago. The Commission has released a basic guidance document on the law.
AI Developments. It was another busy week on the artificial intelligence policy debate front. Here is the latest:
- Senator Schumer calls for comprehensive framework. During a speech at a Washington, D.C., think tank this week, Senate Majority Leader Chuck Schumer (D-NY) unveiled his road map for developing comprehensive artificial (AI) legislation. Schumer called the plan the “SAFE Innovation Framework for AI Policy.” Schumer explained that while innovation must be our “north star,” it must be informed by “Security, Accountability, protecting our Foundations, and, lastly, Explainability.” Interestingly, Schumer called for a new legislative process because “[t]he traditional approach of Committee hearings play[s] an essential role but won’t, on [its] own, suffice.” He promised that later this year he would convene a series of “AI insight forums” with industry experts to help develop the process and policy.
- Legislators seek bipartisan AI commission. This week, a bipartisan group of legislators introduced the National AI Commission Act. The bill would create a national AI commission—composed of ten legislators from each party—to study and recommend “any governmental structures that may be needed to oversee and regulate artificial intelligence systems, including the feasibility of an oversight structure that can oversee powerful artificial intelligence systems with a general purpose through a careful, evidence-based approach.”
Senate Committee Advances Labor and Employment Bills. This week, the Senate HELP Committee advanced, on 11–10 party-line votes, three labor and employment bills.
- The Paycheck Fairness Act (S. 728) would
- rewrite employers’ affirmative defenses to make it harder to demonstrate that nondiscriminatory factors account for pay differentials;
- allow plaintiffs to recover compensatory and unlimited punitive damages;
- make it easier for plaintiffs to bring and maintain class actions;
- require employers to submit employee compensation data to the EEOC and Office of Federal Contract Compliance Programs (OFCCP); and
- prohibit employers from asking about or using job applicants’ wage histories.
- The Healthy Families Act (S. 1664) would require employers with fifteen or more employees to allow employees to accrue up to seven days of paid sick leave per year.
- The Richard L. Trumka Protecting the Right to Organize Act of 2023 (S. 567), which the Buzz has discussed extensively, would turn current federal labor law on its head to favor labor unions.
With the legislative filibuster in place, the bills are unlikely to garner the sixty votes needed to pass the Senate.
Professional Certification Coalition
IHMM is a member of the PCC. The PCC monitors state and federal legislative and regulatory activity affecting professional certification on an ongoing basis. The PCC has compiled several “Watchlists” identifying and analyzing provisions in pending legislation at both the state and federal level that, under applicable rules, may still be enacted in the current legislative session. Depending on the carry-over rules in the relevant legislature, the charts listing current legislation may include bills introduced in a prior year. In addition, the PCC compiles each year a chart of enacted legislation that affects certification. The charts include hyperlinks to every bill or executive order. Note that the Watchlist and the Enacted Legislation document do not include profession-specific legislation and do not include regulatory initiatives. The charts will be updated as needed based on new developments.
Other State and Federal Activities
In this section we will highlight other state and federal government affairs activities undertaken by the committee.
Current Priorities June-August 2023
PHMSA – Hazardous Materials: Harmonization With International Standards – IHMM Will File Comments – Docket No. PHMSA-2021-0092 (HM-215Q)
NY Department of Labor rulemaking concerning the recognition of the CSHM and CSMP. IHMM’s comments concerning initiating this rulemaking are here
Work with Eric Vega in Puerto Rico concerning credential recognition
Review of the Governor of Nevada’s Executive Order concerning licensing boards and potential for recognition of the CHMM. IHMM’s comments on the Governor’s Executive Order are here
Scheduling meetings with the Maryland Congressional delegation concerning the Certified Pandemic Preparedness Specialist [CPPS] credential
IHMM Credential Recognition
The highest priority of IHMM’s Government Affairs Committee is the recognition of IHMM’s credentials by government. We have made substantial progress in the two years we have undertaken this endeavor, as outlined in detail here > https://ihmm.org/credential-recognition/
In this project we have 45-in-5, increasing the number of states that recognize IHMM credentials.
- We have already succeeded in 13 states – New York, Connecticut, Pennsylvania, Indiana, California, Colorado, Nebraska, Minnesota, Arkansas, Oklahoma. Ohio, North Dakota, and Georgia. [Red states in the map above]. These are states where IHMM credentials are cited or 40 CFR 312.10 is cited by reference.
- We have partially succeeded in another 16 states – Alaska, Hawaii, Idaho, Montana, Arizona, Kansas, Iowa, Missouri, Illinois, Kentucky, Florida, Delaware, Rhode Island, Massachusetts, Vermont, and Maine. [Orange/Black Stripe states in the map above] These are states where the requirements of an “environmental professional” or QEP are cited that coincide with an IHMM credential so that relatively little work would need to be done to clarify the desired outcome.
- We have 21 states where no reference to an IHMM credential is made in either statute or regulation, nor is there anything defined in the area of an environmental professional. These states will require legislation or regulatory work. [Yellow states in the map above].
in January 2022 Gene Guilford released the 40 CFR § 312.10 EPA regulation that states a private certification that meets or exceeds the requirements of the regulation is an Environmental Professional under the regulation. Here is the crosswalk between the 40 CFR § 312.10 EPA regulation and the Certified Hazardous Materials Manager [CHMM] blueprint. The CHMM meets or exceeds the requirements of an Environmental Professional.
Here’s what we ask each volunteer to do:
- Watch legislative and regulatory developments in your state that provide an opportunity for us to create amendments or other interventions
- Be willing to speak with regulators and legislators in your area about the recognition efforts we craft together
INSIDE IHMM
There are 992 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 Excellence in EHS Management Award
The Excellence in EHS Management Award recognizes an individual who has excelled in their role as an EHS manager. The Institute for Hazardous Materials Management [IHMM] will present the award at the annual National Safety Council Expo.
The honoree will receive a commemorative plaque and be recognized in a press release and in IHMM member communications. Travel expenses to the award ceremony will be subsidized. If traveling from overseas IHMM will pay travel expenses from the nearest port of entry.
Nominations will be accepted from March through July of each year and the presentation to the winner will be in conjunction with the National Safety Council Congress and Expo, this year on October 23-25, 2023 in New Orleans.
Make your nominations here >> https://ihmm.org/ehs-management-award/
See previous award winners here >> https://ihmm.org/past-honorees/
26% of Workers Are Seeking New Jobs
Reasons for leaving include feeling overworked (44%) and struggling to pay the bills every month (38%).
Keeping employees in their seats and on the factory floor continues to be a challenge.
That overused term, “The Great Resignation”, marches on as demonstrated by a study, 2023 Global Workforce Hopes and Fears Survey, released on June 20 by PwC. The report found that one in four (26%) employees say it is likely they will change jobs in the next 12 months, up from 19% last year.
Workers who said they are most likely to change employers include those who feel overworked (44%), struggle to pay the bills every month (38%), and Gen Z (35%).
Purpose, company culture and inclusion also remain key concerns. Among workers who said they are likely to change employers, less than half (47%) said they find their jobs fulfilling compared to 57% of those unlikely to change employers.
Those likely to change employers are also eight percentage points less likely to say that they can truly be themselves at work than their counterparts who intend to stay (51% vs. 59%). The survey uncovered some underlying factors to explain those findings.
Read more by clicking here.
Building a Safety Culture to Enhance Workplace Safety
Every workplace needs a safety plan, but businesses need to determine what safety checks work best for them.
We’ve lived through a period of unprecedented demand on the supply chain and material handling industries, and in the chaos of adjusting to new processes things can fall through the cracks. As your facility employees work to keep up with demand amid a labor shortage, the fast pace can highlight issues with your facility’s safety plan. Safety is the single most important component of our facilities. Without a comprehensive safety plan, a facility might be unintentionally putting the people working hard for them at risk of injury.
A strong safety plan is imperative no matter what industry you’re in. It will act as a foundation of a high-performing organization so you can streamline work, maintain operations and most importantly keep your workers safe and your facility compliant. No matter what kind of business you’re in, building a safety culture will begin by finding and implementing the right safety checks that align to your business.
Read more by clicking here.
US Department of Labor Settles Whistleblower Case Against Delaware Salvage Yard That Wrongly Terminated Employee for Reporting Safety Concerns
Donovan Salvage Works to pay fired worker $40K in back wages, damages
The U.S. Department of Labor has reached a settlement agreement with a Delaware salvage yard company and its owner after a federal whistleblower investigation found the company fired a smelter operator for reporting safety concerns.
“Employers who retaliate against workers who raise safety concerns create a potentially dangerous work environment and a chilling effect that discourages others from voicing their concerns,” said OSHA Regional Administrator Michael Rivera in Philadelphia. “No employee should fear retaliation or termination by an employer for freely exercising rights protected under the law.”
Donovan Salvage Works agreed to pay $40,000 in back wages and damages after the department’s Occupational Safety and Health Administration determined the Georgetown company wrongly terminated the employee after he alerted his supervisor about a smelter leaking propane. The employee alleged the supervisor ignored his concerns and directed him to keep working. When the smelter operator refused, the supervisor agreed to call technicians to address the issue, but directed the employee to go home and told him he would not be paid for the remainder of the day. Technicians later found and repaired the leak.
Read more by clicking here.
How Can Employers Encourage Responsible Screen Use at Work?
Although many jobs require frequent and long-term screen use, employers and employees can take action to prevent problems like headaches and sleep disruption.
In today’s age, many of us spend the majority of our working day sitting behind a screen. Although this may seem like a safe and relatively harmless occupation, extensive screen time exposure carries its own risks. The risks of looking at a screen for too long are fairly well recognized, such as headaches, eye strain and disruption of sleep, but the way that we position ourselves when working also has an impact on our health.
In fact, sitting in front of a computer can cause a variety of physical health issues, from occasional cramping to long-term back problems. As a result, it’s important for employers to ensure that screens are being used in a healthy and sustainable way that prioritizes employee health. Keep reading to discover our advice to employers.
Read more by clicking here.
Pregnant Workers Fairness Act in effect
The Equal Employment Opportunity Commission is now accepting charges of discrimination under the Pregnant Workers Fairness Act.
The new law, which went into effect June 27, guarantees expanded protections for workers experiencing pregnancy, childbirth or related medical conditions.
All employers with at least 15 employees are required to extend “reasonable accommodations” to pregnant workers. Those accommodations can include additional bathroom breaks, a water bottle at a workstation, having a chair or stool to sit on during work tasks, light duty, and assistance with manual labor.
Read more by clicking here.
US Department of Labor Cites Utah Solar Power Company After Inspectors Find Workers Atop Snow-covered Johnstown Roof Without Fall Protection
Ion Solar LLC’s history of workplace safety violations continues
Cited 12 times since 2018 for endangering workers, a Utah-based solar provider allowed employees to work on an icy, snow-covered two-story roof in Johnstown without legally required fall protection in late December 2022, a U.S. Department of Labor safety investigation found.
Acting on a complaint about workers’ safety at risk, the department’s Occupational Safety and Health Administration opened an inspection and found that Ion Solar LLC ignored fall protection requirements in the company’s safety and health program, which exposed its employees to falls from elevation, the construction industry’s leading cause of death.
An onsite company manager told an OSHA investigator that he did not enforce the safety program for a one-day job. In addition to not ensuring the use of fall protection, Ion Solar also did not provide employees on the ground with hard hats to protect them from objects falling from the roof. OSHA cited the company for lack of hard hats and willfully exposing workers to falls, with a total proposed penalty of $170,992.
Read more by clicking here.
OSHA Finds Obstructed Exits, Walkways at Texas Family Dollar
The Dollar Tree Inc. subsidiary Family Dollar Stores of Texas LLC now faces $294,657 in proposed penalties.
OSHA findings during a December 2022 inspection have resulted in a citation and proposed penalties of almost $300,000 for Family Dollar Stores of Texas LLC.
At a Family Dollar store in Van Zandt County, Texas—east of Dallas—OSHA discovered obstructed exits and walkways, unsafely stacked boxes along and a partially-obstructed fire extinguisher, which was also “not readily accessible,” per a news release and the citation.
Family Dollar Stores of Texas LLC now faces a citation for three repeat violations and $294,657 in proposed penalties.
Read more by clicking here.
Resources to Employ During National Safety Month
This year’s focus is on emergency preparedness, slips, trips and falls, heat-related illness and hazard recognition.
In order to provide companies with the latest safety information, the National Safety Council recently wrote an article highlighting research and prevention efforts from the National Institute for Occupational Safety and Health and NSC. The focus area for this year includes emergency preparedness; slips, trips, and falls; heat-related illness; and hazard recognition.
Read more by clicking here.
Read the NSC’s recent article by clicking here.
Boston Mayor Signs Construction Safety Ordinance
Detailed site safety plan requirements, free training and education, and ramped-up enforcement are the three key elements of a new construction safety ordinance in Boston.
Mayor Michelle Wu (D) signed the ordinance on June 1 at the city’s Brazilian Worker Center. The event included a moment of silence for workers who have died on construction sites in the city.
Under the ordinance, set to go into effect Dec. 2, all employers seeking construction and demolition permits with the city’s Inspectional Services Department must submit – and be prepared to implement – a site safety plan that outlines planned protections for potential hazards to workers on the site, the public and the property.
All workers, including subcontractors, will be required to receive a site safety orientation and a refresher to review the site safety plan, as well as attend pre-shift safety meetings.
In addition, construction projects larger than 50,000 square feet and demolition jobs for buildings four stories or taller will be required to have a designated site safety coordinator.
Read more by clicking here.
Applications for MSHA and OSHA Education and Training Grants Close Soon
The first deadline is less than two weeks away.
Planning to apply to grant programs from the Mine Safety and Health Administration (MSHA) and OSHA? For two training- and education-focused programs, the deadline is almost here.
Applications for the Brookwood-Sago grant program and Susan Harwood Training Grant Program are due next month.
The Mine Safety and Health Administration (MSHA) will be awarding up to $1,000,000 through the Brookwood-Sago grant program, which focuses on educating and training miners on “unsafe and unhealthy working conditions,” per a news release; and OSHA is awarding more than $12.7 million through the Susan Harwood Training Grant Program for workplace health and safety-related training, according to the agency’s news release.
Those interested have until July 21, 2023, to submit an application for the Brookwood-Sago grant program and July 7, 2023, to submit one for the Susan Harwood Training Grant Program. To learn more about each program, visit OH&S’ articles on the Brookwood-Sago grant and the Susan Harwood grant.
Read the original article by clicking here.
Department of Labor Finds Haverhill Company Violated Temporary Visa Worker Program, Recovers $832K in Back Wages, Damages For 47 Landscaping Workers
Triad Associates Inc. also paid $123K in penalties for H-2B, overtime infractions
The U.S. Department of Labor has recovered $771,022 in back wages and $61,215 in liquidated damages for 47 workers of a Haverhill landscaping company after the employer failed to comply with requirements of the federal H-2B worker program and the Fair Labor Standards Act. The H-2B Worker Program permits businesses to employ temporary visa workers for limited periods of time.
Investigators with the department’s Wage and Hour Division determined Triad Associates Inc. did not pay certain H-2B workers the proper overtime rate for all hours over 40 hours in a workweek, a Fair Labor Standards Act violation. They also found Triad Associates failed to keep accurate records for the hours that salaried non-exempt employees worked. The division recovered $61,215 in back wages and an equal amount in liquidated damages owed to six workers to resolve the FLSA violations. The investigation also identified violations of related H-2B provisions in the Immigration and Nationality Act.
Read more by clicking here.
Safety agencies set to propose automatic braking requirements for large trucks
The Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration want to require automatic emergency braking systems on heavy trucks.
On June 22, the agencies announced their intent to publish a proposed rule in the Federal Register. Under the proposal, AEB systems would be a requirement on trucks and buses with a gross vehicle weight rating of at least 10,000 pounds, as mandated under the Infrastructure Investment and Jobs Act. A prepublication version of the rule states that AEB systems “mitigate the frequency and severity of rear-end collisions with vehicles.”
AEB systems are designed to use sensor technology to automatically engage brakes to prevent collisions. The combination of AEB systems and electronic stability control technology – which would also be required under the rule – could help prevent more than 19,000 crashes each year while saving 155 lives and reducing nonfatal injuries by at least 8,800, NHTSA estimates show.
Read more by clicking here.
Mitigating Slips, Trips and Falls in the Workplace
Preventative measures and a strong safety culture can help protect workers from slips, trips and falls.
According to the Bureau of Labor Statistics (BLS), workplace slips, trips and falls were among the top three causes of work-related injuries and lost time and productivity in 2020, along with exposure to harmful substances and overexertion. BLS data showed 22,410 non-fatal occupational slip, trip and fall-related injuries involving days away from work in the manufacturing sector alone. So, it’s no surprise that safety professionals feel pressure to improve on-site and on-the-job safety to prevent workplace accidents and protect their crews.
On average, occurrences of slips, trips and falls result in 14 days of lost work time. That’s a significant loss of productivity and a driver of other significant expenses, such as workers’ compensation claims and training for a temporary replacement to handle absentee workers’ responsibilities. A report from the National Safety Council (NSC) shows the staggering cost of workers’ compensation: Between 2019 and 2020, slips and falls were the third most costly workers’ comp claims, with an average individual claim of nearly $49,000.
For employers looking to show employees they care about their safety while also aiming to mitigate the increasing costs associated with workers’ compensation claims, individuals in safety management roles must identify potential factors that can contribute to an unsafe working environment and lead to injury. Success is not a by-product of profit alone; it relies on employee satisfaction and engagement, which companies cannot achieve if workers feel unsafe.
Read more by clicking here.
Spring 2023 OSHA Regulatory Agenda
As part of our efforts to keep you informed of OSHA’s activities, we wanted to let you know that the Department of Labor, including OSHA, has issued its Spring 2023 Regulatory Agenda. Federal agencies post their regulatory agendas on the Reginfo.gov website and Mobile.Reginfo.gov twice a year to provide a snapshot of their rulemaking priorities.
A listing of Department of Labor (including OSHA) rulemaking in the pre-rule, proposed rule, and final rule stages is available here. Rules that are classified as long-term actions are listed here.
OSHA’s Safe + Sound Campaign is a nationwide opportunity to raise awareness and understanding of the value of proactive occupational safety and health (OSH) programs in all workplaces. Mark your calendars! Safe + Sound Week will take place from August 7-13, 2023. Safe + Sound Week is a nationwide event held each August that recognizes the successes of workplace health and safety programs and offers information and ideas on how to keep America’s workers safe. Registration for Safe + Sound Week opens in early July. We look forward to your participation!
Safe + Sound emphasizes the need for safety programs at small- and mid-sized businesses, which are more likely to have limited resources dedicated to safety. As you know, effective OSH programs can help organizations identify and manage workplace risk before they cause injury or illness, improving sustainability and the bottom line. Safety and health management systems are a critical best practice to ensure that OSH programs achieve significant results and lower risk exposure.
Halt a Hazard
Workplace hazards can emerge over time. Setting aside time to regularly identify and rank safeguards can help keep safety and health hazards under control and keep workers safe.
- Identify ONE hazard to control within your workplace.
- Brainstorm potential controls using OSHA’s Identifying Hazard Control Options: The Hierarchy of Controls.
- Choose and implement which control(s) are most effective for your workplace.
- Download your challenge coin and share that you have completed the Halt a Hazard Challenge via email or on social media using #HaltAHazard and #SafeAndSoundAtWork!
Beat the Heat
Under the OSH Act, employers are responsible for protecting workers from known hazards, including heat. Developing a heat injury and illness prevention plan is vital to keeping workers safe. Highlighting the dangers of heat is an important first step in educating workers and employers on how to prevent and recognize when heat is affecting workers’ health and safety. Since heat illness can be a medical emergency, planning and preparing for heat illness is essential to increase the chances of a positive outcome.
OSHA is sponsoring a Beat the Heat contest to raise awareness about the dangers and hazards of heat exposure in indoor and outdoor workplaces and to motivate workers, employers, and others to take action to prevent heat illness. To participate, stakeholders will create an awareness tool to increase worker and employer knowledge about hazardous heat in the workplace. The contest is open now, and submissions are due by June 9, 2023.
IHMM CSHMⓇ 2022 Salary Survey
IHMM is pleased to release its 2022 salary survey for Certified Safety and Health Managers Ⓡ [CSHMⓇ] across a broad range of position titles in the CSHMⓇ community of practice.
IHMM – 26 Fellows Are Mentors
IHMM Fellows Committee Chair Atanu Das, CHMM, is leading the effort within the IHMM Collaboration networking platform to provide instruction to the more than 75 IHMM Fellows in becoming mentors.
Given the extraordinary experience Fellows have, this is a unique opportunity for IHMM Fellows to help guide more recent certificants in their professional development activities.
IHMM’s Collaboration platform contains a “Mentor Match” module [see below at right] that allows mentors to signup designating the hours, number of mentees, subject areas, and length of time they wish to mentor – as well as allowing mentees to signup requesting assistance in specified areas. The mentor match module does the rest by matching mentors and mentees.
Recert Video #1
Recert Video #2
IHMM Recertification Videos
IHMM is pleased to release two YouTube instructional videos about navigating the IHMM recertification process. These step-by-step videos easily enable IHMM certificants to start and complete a recertification application.
While the full recertification cycle is 5 years, IHMM encourages all certificants to start a recertification application and add certification maintenance points as they are earned to make the final submission quick and easy to accomplish.
- Every CSHM and CSMP should start a recertification application now.
- Even if your recertification is years away, starting an application now and adding your accumulated points enables you to see where you are all the time and it makes it very easy when you have to file your application
IHMM Scholarship Program
The Institute of Hazardous Materials Management is pleased to have created $32,000 in academic scholarships, divided equally between $16,000 for students enrolled in undergraduate or graduate education in approved schools and who are also Student CHMMs, and $16,000 for students enrolled in undergraduate or graduate education in approved schools and who are also Student ASHMs.
IHMM seeks to foster the growth and academic success of students whose courses of education, and participation in one of our Student certifications, will lead to those students becoming fully-certified IHMM credential holders later in their professional lives. The first two IHMM Scholarships were awarded before Thanksgiving to Thomas Gerding, Student ASHM, and Ryan Bellacov, Student CHMM! Congratulations to Thomas and Ryan for being our first scholarship award winners.
Go to > https://ihmm.org/scholarship/
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 Margaret Toscano at [email protected] and she’ll be happy to help you.
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 News
Silicosis screenings ‘failing’ stone countertop workers in Australia, researchers say
OSHA receives feedback on possible heat standard, asks for more
Talking about mental health at work is hard, LGBTQ+ people say
Psychological safety bill advances in Rhode Island legislature
Study of 3D printing emissions leads to ANSI/CAN/UL standard for testing
Two House Democrats want a hearing on child labor violations
NSC Webinars
July 13 –Characteristics of Successful Safety Professionals: Humanizing Safety
July 20 – Forklift Safety & Compliance: Your Toughest Questions Answered!
July 27 – Turning Standards into Digital Inspections and Processes: A Practical Guide
Aug 8 – A Blueprint for Prevention: How to Mitigate Safety Risks Through Human-Centered Design
IHMM is a member of ASSP and is pleased to bring this important information to all of its certificants.
ASSP News
ASSP and VPPPA to Collaborate on Worker Safety
Episode 109: Building an Effective Safety Management System for a Contingent Workforce
Episode 108: How to Identify and Prevent Struck-by Hazards on Your Work Sites
We Can Impact Worker Well-Being
Episode 106: What the Pregnant Workers Fairness Act Means for Safety Professionals and Employers
ASSP Joins With Other Groups in Supporting OSHA and NIOSH Funding for FY2024
ASSP Launches Online Education Series on Standards
ASSP Webinars
July 6-August 3 – ONLINE COURSE: Implementing an ANSI/ASSP Z10 Management System Based on Systems Thinking
July 6 – August 3 – ONLINE COURSE: Implementing ISO 45001 Course
July 13-August 10 – ONLINE COURSE: Risk Assessment and Management for Safety Professionals
ASSP Standards News
The U.S. TAG to ANSI for ISO TC283 approved ISO 45002 and ISO 45006 as ANSI registered technical reports.
- ISO/ASSP TR 45002-2023: Occupational health and safety management systems – General guidelines for the implementation of ISO 45001:2018
- ISO/ASSP TR 45006-2023: Occupational health and safety management – Guidelines for organizations on preventing and managing infectious diseases
At this point, the adoption process is complete. We will conclude limited public review and then move forward with publication of ISO 45002 and ISO 45006 as an ANSI Registered Technical Report[s].
HAZARDOUS MATERIALS SOCIETY
IHMM and HMS
The graphic to the left illustrates the relationship between IHMM and HMS. IHMM formed HMS to serve IHMM’s certificants. IHMM offers a variety of professional credentials and HMS creates education and training programs to serve the applicants and certificants of those credentials.
AIHA, HMS Training Partner, Adds Courses for IHMM Certificants
American Industrial Hygiene Association [AIHA] an HMS training partner, has added its first of many courses approved in advance for earning IHMM recertification certification maintenance points. We are pleased to promote these programs in support of IHMM certificants holding the CHMM, CHMP, CSHM, and CSMP credentials. Thank you, AIHA.
CHEMTREC, HMS Training Partner, Adds Courses for IHMM Certificants
This week CHEMTREC has added its HAZWOPER 8-hour Refresher Training to the HMS Daily Training schedule. This HAZWOPER 8-hour Refresher Training is designed for individuals who need to refresh their existing 24-hour or 40-hour HAZWOPER certification. This course meets the requirements outlined in OSHA 29 CFR 1910.120 for 8 (eight) hours of annual refresher training for workers involved in the transport, storage, or handling of hazardous materials or hazardous waste.
See the CHEMTREC HAZWOPER 8-hour Refresher Training here!
CHEMTREC, an HMS training partner, has had 7 courses approved in advance for earning IHMM recertification certification maintenance points. We are pleased to promote these programs as reviewed and approved by the HMS Education and Training Committee. Thank you CHEMTREC, and thank to HMS’ Education and Training Committee.
Bowen EHS, HMS Training Partner, Adds Courses for IHMM Certificants
Bowen EHS, an HMS training partner, has had 4 courses approved in advance for earning IHMM recertification certification maintenance points. We are pleased to promote these programs as reviewed and approved by the HMS Education and Training Committee, chaired by Diana Lundelius. Thank you Bowen EHS and thank to HMS’ Education and Training Committee.
Thank you Bowen EHS for contributing programs enabling IHMM certificants to engage in professional development and earn important CMPs! All three of the new Bowen EHS programs are available online and on demand.
| Daily | EPCRA Tier II Reporting | Bowen EHS | Online |
| Daily | CHMM Online Review | Bowen EHS | Online |
| Daily | Emergency Management Self-Paced PDC | Bowen EHS | Online |
| Daily | Acute Toluene Exposure Webinar | Bowen EHS | Online |
Thank you Bowen EHS for contributing programs enabling IHMM certificants to engage in professional development and earn important CMPs! All three of the new Bowen EHS programs are available online and on demand.
Easily Find Courses to Help You Pass IHMM Credential Exams
CDGP® Prep Course
CE-1112: CDGP® Exam Prep – Columbia Southern University – Available On Demand
CHMM® Prep Courses
Daily – CHMM® Online Review – Bowen
Daily – CHMM® Prep Course – Institute of Safety & Systems Management
Daily –Certified Hazardous Materials Managers (CHMM®) Exam Prep – SPAN Exam Prep, Division of ClickSafety
CSHM® Prep Courses
CSMP® Prep Courses
Respiratory Protection Program Management – Susan Harwood Training Grant
University of Texas Medical Branch, William J. Pate, CHMM
This training course is intended to educate participants on the requirements of developing and implementing a compliant Respiratory Protection Program. The focus of this course will be on topics related to preparation for an infectious disease pandemic. At the end of this training the attendee should be able to:
1) Manage an effective respiratory protection program through proficient application of 29 CFR 1910.134
2) Compare potential routes of exposure
3) Identify and implement potential controls (engineering, administrative, and PPE)
4) List the equipment needed to support fit testing
5) Explain the difference between qualitative and quantitative fit testing
6) Discuss the different types of respiratory protection available
7) Demonstrate correct donning/doffing of respiratory protection
This training course is 7.5 hours and participants will receive a certificate of completion that may be suitable for professional certification maintenance (CSP, CIH, CHMM, CHSP, etc.).
This course will provide 7.5 Continuing Nursing Education (CNE) contact hours. Accreditation statement: University of Texas Medical Branch at Galveston is approved with distinction as a provider of nursing continuing professional development by Louisiana State Nurses Association – Approver, an accredited approver by the American Nurses Credentialing Center’s Commission on Accreditation. LSNA Provider No. 4002176
This training is available only to employees and employers who are subject to OSHA regulatory requirements. Grant-funded training is not available to state or local government employees unless they have occupational safety & health responsibilities (e.g. occupational safety and health trainers, program managers, committee members, or employees responisble for abating unsafe and unhealthy working conditions for their organization). Registration in this course confirms that meet these conditions. This training will include the opportunity to don, doff, and fit test respiratory protection including N95, half-face, full-face, and powered air-purifying respirators. Anyone participating in this training and wanting to put on a respirator agrees that they have been medically cleared by their employer to do so in accordance with OSHA’s Respiratory Protection Standard.
The 8-hour training program is offered at various dates from March through September. For more information and registration for this FREE program go here >> https://www.utmb.edu/ehs/programs/radiation-occupational-safety-program/RPPSHTG2023
IHMM and HMS Tie Exam Preparation Together for Applicants
Every IHMM certification that requires an examination has a section of its website entitled Examination Preparation.
Connected to the Examination Preparation panel is a companion panel that is Find a Course to Prepare for the Exam.
You see the Find a Course to Prepare for the Exam panel from the CSHM site at left.
When you click on the Find a Course to Prepare for the Exam panel it takes the applicant directly to the HMS site where all CSHM prep courses may be found and chosen.
If you want your prep courses on the HMS platform so it can be found by IHMM credential applicants, contact Gene Guilford at [email protected]
HMS Launches New Certified Safety Management Practitioner® [CSMP®] Exam Prep Course
The Hazardous Materials Society is pleased to announce that it is launching a new CSMP examination prep course. The CSMP prep course follows the launch in 2021 of the successful CSHM prep course in an agreement with VUBIZ.
The CSMP exam prep course is available on demand online, and is linked in the schedule below as well as on the IHMM CSMP website and under the CSMP hotbutton CSMP PREP on the HMS Education and Training webpage.
HMS Makes Finding Courses to Earn CMPs Easy
Every year more than 1,600 IHMM certificants have to recertify their credentials, evidenced their continuing commitment to improvement and learning to elevate their professional credential.
Earning Certification Maintenance Points [CMPs] is illustrated under Recertification of Your Credential, that includes the Recertification Claims Manual – Appendix A, that details all of the ways a certificant may earn CMPs > https://ihmm.org/recertification-claims/
Having mastered that manual, how does an IHMM certificant find courses to earn CMPs?
HMS has made that simple and easy.
- Go to https://hazmatsociety.org/education-training/
- Scroll down until you see a row of buttons…click on the CMPs button
The system will then generate all of the courses on the HMS E&T platform with IHMM CMPs already attached.
The next developments by the HMS E&T committee will refine available courses’ CMPs by individual credential!
RCM&D Professional Liability Insurance
HMS is proud to have partnered with RCM&D to be able to offer an outstanding comprehensive professional liability insurance program to IHMM certificants. Here, you will find information about this important program offering Environmental Consultants and Engineers Professional Liability coverage. This coverage is intended to add protection for loss stemming from actual or alleged negligent acts, errors and omissions in performing professional services.
For more information see > https://hazmatsociety.org/professional-liability-insurance/
Member Benefits of Hazardous Materials Society
99% 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.
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.
Applications for the 2023 HMS Scholarship Awards Now Open
The HMS scholarship award is given annually to undergraduate and graduate students whose academic program and research studies have the potential to address the most serious issues in handling hazardous materials, dangerous goods, environmental issues, health & safety challenges. Applicants must be U.S. citizens or permanent residents enrolled in accredited U.S. academic institutions.
DEADLINE TO SUBMIT SCHOLARSHIP AWARD APPLICATIONS IS December 1, 2023. All submissions and associated materials must be submitted using the online form.
Scholarship Winners Will Be Announced at the HMS Annual Meeting.
For More Information, Visit > https://hazmatsociety.org/scholarship/
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 2023
IHMM will attend and support a number of conferences and trade shows throughout 2023, virtually as well as in-person as COVID issues allow. Below are some of the conferences IHMM will support in 2023.
Are there conferences you believe IHMM should attend that do not appear here? If so, let us know! Send an email to [email protected] and tell us what conferences we should attend.
41st Annual College & University Hazardous Material Management Conference
Corvallis, OR
August 6-9, 2023
National Safety Council Congress & Expo
New Orleans, LA
October 23-25, 2023
IHMM-HMS EVENTS CALENDAR
IHMM has a companion organization for which education and training programs are presented and delivered. The Hazardous Materials Society education and training website can be found here.
9210 Corporate Boulevard, Suite 470
Rockville, Maryland, 20850
www.ihmm.org | [email protected]
Phone: 301-984-8969 | Fax: 301-984-1516