IHMM Today August 1, 2023

CUHMMC 41st Annual Conference

Oregon State University, Corvalis, Oregon

Visit IHMM’s Booth and Board Chair Bill Diesslin

August 6-11, 2023

AHMP 36th Annual Conference

Omaha, NE

Visit IHMM’s Booth and Executive Director Gene Guilford

August 27-30, 2023

Beltway Buzz – Ogletree Deakins

Su Slips. Acting Secretary of Labor Julie Su’s chances of becoming the actual secretary of labor continued to dwindle this week. Multiple media reports indicate that the administration is no longer pushing for Su’s confirmation, though it hasn’t gone as far as withdrawing the nomination altogether. Virginia Foxx (R-NC), chair of the House Committee on Education and the Workforce, took to the floor of the U.S. House of Representatives this week to call on President Biden to withdraw Su’s nomination, stating that her delayed confirmation vote is a “telltale sign that she does not have the votes.” Wary of issuing regulations that could negatively impact votes on the Senate floor, the U.S. Department of Labor’s (DOL) regulatory agenda has slowed considerably while Su’s nomination has been pending. If the administration gives up on the nomination, employers should watch for an acceleration of the rulemaking agenda.

New I-9 Flexibility. The Buzz has been tracking the U.S. Department of Homeland Security’s (DHS) efforts to modernize the I-9 verification process. Well, late last week, DHS announced changes that will allow certain employers to complete the I-9 verification process remotely. Claudia P. Martorell and Christina M. Kelley have the details.

OLMS and LM-10 Update. On July 28, 2023, the Office of Labor-Management Standards (OLMS) published final revisions to Form LM-10. The preamble of the final rule states, “Under the revision, the Department adds a checkbox to the Form LM-10 report requiring certain reporting entities to indicate whether such entities were Federal contractors or subcontractors in their prior fiscal year, and two lines for entry of filers’ Unique Entity Identifier and Federal contracting agency or agencies, if applicable.” The rule goes into effect on August 28, 2023. In the preamble to the rule, OLMS argues that the disclosure is necessary for the following reason:

By learning of the federal contractor status of their employer, those employees would have convenient access to the information that would allow them to meaningfully exercise their organizing and collective bargaining rights such as their First Amendment right to choose whether to contact their representatives in Congress to inquire about the federal appropriations underlying the contracts with their employers, or the employers’ activities undertaken pursuant to such contracts, or allow the employees to work more effectively with advocacy groups or the media to disseminate their views as employees to a wider audience.

This focus by OLMS on employer—rather than union—reporting has caught the attention of Senate Committee on Health, Education, Labor and Pensions (HELP) Ranking Member Bill Cassidy (R-LA), who sent a letter to Acting Secretary of Labor Su expressing his concern that OLMS “has recently demonstrated a concerted effort to distort federal statutes to favor unions.” In particular, Senator Cassidy is concerned OLMS might be stretching the law to require employers to provide information relating to wage payments made to officers, supervisors, or employees as compensation for their regular employment duties. The Buzz expects that this will not be the last we hear about this particular issue at OLMS.

Fight for Fif…SEVENteen! This week, Senate HELP Committee Chair Bernie Sanders (I-VT) and House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) introduced the Raise the Wage Act of 2023 (S. 2488) to increase the federal minimum wage. Specifically, the bill would gradually increase the minimum wage annually until it hits $17 per hour (five years after the effective date), at which point the amount would increase “by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics.” The bill would also phase out the tipped minimum wage and eliminate the subminimum wage for young workers and workers with disabilities. Despite some initial support among Democrats (twenty-nine original cosponsors in the Senate and strong Democratic support in the House), the bill is unlikely to make it through the Senate and stands no chance in the House.

Child Labor Update. The U.S. Congress continues to explore ways to root out child labor violations. Late last week, Senator Bob Casey (D-PA), Ranking Member Scott, and Representative Daniel Kildee (D-PA) sent a letter to the Government Accountability Office asking it to assess “the capacity of government agencies to monitor, research, and conduct enforcement of our child labor laws, and the effectiveness of current efforts to address the employment of illegal child labor.” Additionally, Congressman Kildee and Congresswoman Hillary Scholten, both House Democrats representing Michigan, launched a Child Labor Prevention Task Force. According to a press release, the task force will:

• “Push to advance legislation to fight illegal child labor, including increasing penalties for child labor violations.
• Meet with congressional leadership, committee chairs and ranking members to ensure illegal child labor is more urgently addressed.
• Conduct oversight of federal agencies to ensure the federal government is taking strong enforcement actions to rid our supply chains of child labor.
• Hold informational events with experts and officials from the administration to educate Members of Congress and staff about illegal child labor.”

Preventing illegal child labor is obviously a bipartisan issue, so the Buzz would not be surprised for this issue to gain traction in Congress.

The Heat Is On. With much of the United States experiencing extreme heat, Democrats in the Senate and House this week reintroduced the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2023. The bill would require the Occupational Safety and Health Administration (OSHA) to issue “an interim final rule establishing a worker heat protection standard and related record-keeping and reporting requirements” within one year of enactment. Democrats are unlikely to get the support needed to pass the bill, as Republicans have process concerns with the bill. On the regulatory front, according to the latest regulatory agenda, OSHA’s pending heat standard isn’t scheduled to be proposed until March 2024.

Red, White, and Blueberry. This week the U.S. Senate passed, by unanimous consent, a resolution extolling the virtues of blueberries. Sponsored by senators from blueberry producing states, the resolution notes that 731,400,000 pounds of blueberries were harvested in 2022. The resolution:

1. “designates July 2023 as ‘National Blueberry Month’;
2. recognizes the contributions of blueberry growers in the United States and their families; and
3. recognizes that purchasing blueberries grown in the United States supports farmers, jobs, communities, and the economy of the United States.”

OSHA – Improve Tracking of Workplace Injuries and Illnesses

OSHA is amending its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA is amending its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. OSHA will not collect employee names or addresses, names of health care professionals, or names and addresses of facilities where treatment was provided if treatment was provided away from the worksite from the Forms 300 and 301. Establishments with 20 to 249 employees in certain industries will continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year.

Read more >> https://ihmm.org/improve-tracking-of-workplace-injuries-and-illnesses-2/

OSHA Heat Hazard Alert

Federal law requires employers to protect workers against heat hazards. A new OSHA Hazard Alert lays out employer responsibilities, worker rights, and OSHA’s current heat enforcement efforts. For more information and resources to keep workers safe, visit OSHA’s Heat Illness Prevention webpage.

Most states are experiencing an unprecedented heat wave and the U.S. is on track for the hottest summer on record. Heat is a well-known and recognized occupational hazard for outdoor and indoor workers that can cause serious or fatal illness when they are not provided the necessary protections and training. Each year, thousands of workers become sick from occupational heat exposure, and too many of those illnesses result in fatalities. New employees whose bodies have not had time to adjust to working in the heat are most vulnerable — nearly 3 out of 4 workers who die from heat-related causes die in their first week on the job.

OSHA Heat Hazard Alert

NPDES BASIC PERMIT WRITERS’ COURSE

Virtual Guided Learning

August 24, 2023 – September 28, 2023

The U.S. EPA is pleased to announce the opening of registration for the the National Pollutant Discharge Elimination System (NPDES) Basic Permit Writers’ Virtual Guided Learning Courses starting on August 24, 2023, with a morning and afternoon session running for five weeks.

The objective of this course is to provide the basic regulatory framework and technical considerations that support the development of wastewater discharge permits required under the NPDES program. The course was designed for permit writers with about six months to one year of experience in the NPDES program, but experienced permit writers wanting a refresher course and other water program staff or interested parties wanting to learn more about the NPDES program also are welcome.

The 5-week course will begin on Thursday, August 24, 2023. Participants should anticipate a time commitment of approximately 8-10 hours per week and should seek supervisor approval before signing up. The course is scheduled to conclude on September 28th, however a “rain date” of October 5th should be reserved by the participants in case of technical issues.

Each week, participants will have assigned “homework” consisting of NPDES online modules and permit exercises. These modules and exercises will then be discussed in a live virtual classroom setting on Tuesday and Thursday of each week. Participants will have the opportunity to join live office hour discussions with instructors and other participants each Tuesday as well. Participants will be expected to complete some pre-course assignments the week of August 21st prior to the course start.

There is no cost for the course. Registration is limited and available at:

NPDES Permit Writers’ Course – Virtual Guided Learning August 2023 (AM)

NPDES Permit Writers’ Course – Virtual Guided Learning August 2023 (PM)

Following registration, an email with further instruction will be provided.

For any questions related to this announcement, please contact Sean Ramach at [email protected] or (202) 564-2865.

Department of Labor seeks nominations for membership to National Advisory Committee on Occupational Safety and Health

The U.S. Department of Labor is seeking nominations to fill two Department of Health and Human Services-designated vacancies on the National Advisory Committee on Occupational Safety and Health.

The 12-member committee advises the Secretary of Labor and Secretary of Health and Human Services on matters related to administering the Occupational Safety and Health Act. The committee meets two to four times a year.

OSHA invites nominations to fill one HHS-designated public representative and one HHS-designated occupational health professional representative. The Secretary of Labor will appoint members designated by the Secretary of HHS. The members will serve two-year terms beginning Nov. 16, 2023.

Submit nominations to the Federal eRulemaking Portal, Docket Number OSHA-2023-0003 by Aug. 29, 2023. Read the Federal Register notice for submission details.

National Oil and Hazardous Substances Pollution Contingency Plan; Product Schedule Listing and Authorization of Use Requirements

The Environmental Protection Agency (EPA or the Agency) is amending the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that govern the use of dispersants, other chemicals and other spill mitigating substances when responding to oil discharges into jurisdictional waters of the United States. This action addresses the efficacy and toxicity of dispersants and other chemical and biological agents, as well as public, state, local, and federal officials’ concerns regarding their use. Specifically, the Agency is amending the Subpart J regulatory requirements for the NCP Product Schedule in two distinct ways. First, the Agency is adding new listing criteria, revising the efficacy and toxicity testing protocols, and clarifying the evaluation criteria for removing products from the NCP Product Schedule. Second, the Agency is amending requirements for the authorities, notifications, and data reporting when using chemical or biological agents in response to oil discharges to Clean Water Act (CWA) section 311 jurisdictional waters and adjoining shorelines. These requirements are anticipated to encourage the development of safer and more effective spill mitigating products and better target the use of these products to reduce the risks of oil discharges and response technologies to human health and the environment. Further, the amendments are intended to ensure that On-Scene Coordinators (OSCs), Regional Response Teams (RRTs), and Area Committees (ACs) have sufficient information to support agent authorization of use decisions.

DATES:

This final rule is effective on December 11, 2023.

ADDRESSES:

The EPA has established a docket for this action under Docket ID No. EPA–HQ–OPA–2006–0090. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

For general information, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at 800–424–9346 or TDD at 800–553–7672 (hearing impaired). In the Washington, DC metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at 703–412–9810 or TDD 703–412–3323. For more detailed information on this final rule contact Gregory Wilson at 202–564–7989 ( [email protected]) or Vanessa Principe at 202–564–7913 ( [email protected]). The contact address is U.S. Environmental Protection Agency, Office of Emergency Management, Regulations Implementation Division, 1200 Pennsylvania Avenue NW, Washington, DC 20460–0002, Mail Code 5104A, or visit the Office of Emergency Management website at http://www.epa.gov/​oem/​.

Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA)

The Environmental Protection Agency proposes to ban most uses of perchloroethylene (PCE) and to require a workplace chemical protection program for PCE uses that are not banned. The proposed ban would prohibit manufacturing, processing, and distribution of PCE for consumer uses; prohibit most industrial and commercial uses of PCE; and create workplace protections for the remaining uses. Comments due August 15.

Read more >> https://www.federalregister.gov/documents/2023/06/16/2023-12495/perchloroethylene-pce-regulation-under-the-toxic-substances-control-act-tsca

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.

• 2022 Accomplishments and 2023 Priorities

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 Comments Submitted – 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

Regulatory Updates

PHMSA’s Office of Hazardous Materials Safety will be hosting public forums in advance of four international meetings, to allow the public to give input on current proposals being considered by the International Civil Aviation Organization’s (ICAO) Dangerous Goods Panel (DGP) and the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The international meetings include:

• The 62nd session of the UNSCOE TDG, scheduled for July 3 to July 7, 2023, in Geneva, Switzerland
• The 29th session of the ICAO TDG, scheduled for November 13 to 17, 2023, in Montreal, Canada
• The 63rd session of the UNSCOE TDG, scheduled for November 27 to December 6, 2023, in Geneva, Switzerland

Each of these public meetings will be held approximately two weeks before the corresponding international meeting. Specific information for each meeting, including date, time, conference call-in number, and details for advance registration will be posted when available on the PHMSA website under “Upcoming Events.” These meetings will be virtual, with hybrid options available as possible, pending public health guidelines.

The Federal Register announcement can be found here.

HM-265A: Modernizing Regulations to Improve Safety and Efficiency

PHMSA is seeking your input to help us improve the HMR!

On July 5, 2023, PHMSA published the Advance Notice of Proposed Rulemaking (ANPRM) “HM-265A: Modernizing Regulations to Improve Safety and Efficiency” to the Federal Register. Based on feedback from industry stakeholders, internal PHMSA review, NTSB safety recommendations, and modal safety partners, the ANPRM addresses 46 separate areas where the requirements of the HMR may need to be updated to increase efficiency while improving safety. Topics addressed in the ANPRM include those related to UN Performance Oriented Package testing, tank car safety, hazardous material employee training, and updates to incorporated by reference documents, among others.

The public comment period for this ANPRM ends on October 3, 2023. For questions, please contact Mr. Eamonn Patrick at [email protected].

HM-263: FAST Act Requirements for Real-Time Train Consist Information

On June 27, PHMSA published a new Notice of Proposed Rulemaking (NPRM) aimed at improving public safety and preventing environmental impacts by strengthening requirements governing railroads’ provision of hazardous materials information to responders during a hazmat incident. This proposal is a response to mandates in the Fixing America’s Surface Transportation (FAST) Act and a recommendation from the National Transportation Safety Board (NTSB).

The proposal would require all railroads to always maintain — and update in real-time — accurate, electronic information about rail hazmat shipments in a train consist that would be accessible to authorized emergency response personnel. Required information would include the quantity and position of the shipment on the train, the shipment’s origin and destination, and a designated emergency point of contact at the railroad. Railroads would also be required to proactively “push” that information to authorized local first response personnel as soon as the railroad is aware of an accident involving any hazardous materials.

The public comment period for this NPRM ends on August 28, 2023. For questions, contact Dirk Der Kinderen at (202) 366-8553.

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 resources 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 by sending an email to [email protected]

National Safety Council Congress & Expo

New Orleans, LA

October 23-25, 2023

FET Annual Conference

Milwaukee Marriott West

October 31-Nov 2, 2023