IHMM Today June 4, 2024

Inside IHMM

A Collaborative Culture

There are 1,367 different conversations going on in the IHMM/HMS Collaboration platform this week.

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

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

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

You can collaborate here.

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

IHMM Proposes Changes in Government Recognition of Credentials

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

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

Beltway Buzz – Ogletree Deakins

OSHA’s Walkaround Reg in Effect. The Occupational Safety and Health Administration’s (OSHA) walkaround rule takes effect today, May 31, 2024. The controversial rule, which allows third parties to access employers’ private property while accompanying an OSHA official during a workplace safety inspection, is the subject of both a legal challenge and a Congressional Review Act resolution.

Senate Republican: Administration’s Labor Policies Put Politics Over People. This week, Senator Bill Cassidy (R-LA) released a report, titled, “How Biden’s Labor Agenda Puts Politics Over People: Weaponizing the Federal Government to Benefit Political Backers at the Expense of American Workers.” The report criticizes many of the administration’s policy prescriptions that should be familiar to readers of the Buzz. It argues that the U.S. Department of Labor’s (DOL) independent contractor regulation deprives workers of opportunity and flexibility, the National Labor Relations Board’s (NLRB) joint-employer rule undermines the franchise business model, and the overtime regulation “will destroy jobs and make it harder for nonprofits to provide services.” Additionally, according to the report, the administration is providing handouts to labor unions; the report cites an August 2023 Board decision, OSHA’s walkaround regulations, and the administration’s project labor agreement and Davis-Bacon Act regulations. Should a new administration occupy the White House in 2025, the report could serve as a potential roadmap for labor policy reversals.

Republican Bill Addresses College Athletes’ Employment Status. Republicans in the U.S. House of Representatives have introduced the Protecting Student Athletes’ Economic Freedom Act, which clarifies that “a student athlete may not be considered an employee of an institution, conference, or association.” The debate concerning whether graduate students and student athletes should be classified as “employees” has been going on for years at the NLRB. Most recently, in February 2024, the Board’s Boston regional office ruled that men’s basketball players at Dartmouth were “employees” under the National Labor Relations Act.

House Republicans Push Back on White House Pension Initiative. The Buzz recently discussed a White House event in which five major pension plans agreed to “encourage their portfolio companies to remain neutral when workers seek to exercise the freedom to join together in a union; and when applicable, enter into neutrality agreements with labor organizations that include voluntary or card-check recognition, reasonable timelines to first contract, and a commitment to non-interference in union organizing.” Well, Republican leaders on the House Committee on Education and the Workforce aren’t too happy with the situation and are exploring whether the funds are violating federal retirement law. Representatives Virginia Foxx (R-NC), chair of the committee, and Bob Good (R-VA) recently sent a letter to Acting Secretary of Labor Julie Su seeking “documents and information relating to the Department of Labor’s (DOL) involvement in efforts to use pension funds to promote labor union interests.” The letter argues that “diverting pension fund assets to promote collective bargaining is contrary to statutory protections for pension funds subject to the Employee Retirement Income Security Act of 1974 (ERISA).”

Foxx Wants Union Transparency. The Buzz has covered recent Republican actions on Capitol Hill to seek more accountability and transparency from labor unions. In keeping with that theme, this week Representative Foxx introduced the “Union Members Right to Know Act” (H.R. 8573). The bill would amend the Labor-Management Reporting and Disclosure Act of 1959 to require labor unions to notify members of their right to be non-members and refrain from funding union activity unrelated to collective bargaining, contract administration, and grievance adjustment. Unions would also be required to notify members of their right to seek “a reasonable accommodation, based on the religious beliefs or practices of the individual, not to pay dues or fees to the labor organization.” Various iterations of this concept have been floated in legislative form over the years but have obviously never been enacted.

Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory Beginning With Reporting Year 2024

Attention Transporters of Hazardous Materials: PHMSA Proposes Registration Fee Updates; OSHA to Hold Public Meeting on UN GHS Standards

PHMSA

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

Federal Register Notice

OSHA

The agency will conduct a virtual public meeting on June 11, 2024, in advance of the 46th session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS) to be held as an in-person meeting July 3–5, 2024, in Geneva, Switzerland. OSHA, along with the U.S. Interagency Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Coordinating Group, plans to consider the comments and information gathered at the June 11, 2024, public meeting when developing the U.S. Government positions for the UNSCEGHS meeting July 3–5, 2024.

DATES: OSHA is holding a virtual public meeting which will take place on Wednesday, June 11, 2024 from 1:00 p.m. to 3:00 p.m.

ADDRESSES: This meeting will be a virtual Webex meeting. Please use the following link to register for the meeting: https://abtassociates.webex.com/weblink/register/r02d1bdc62cb7d7b3e9b2a2f11cfefc69. Once registered a link will be sent via e-mail to access the Webex meeting on June 11, from 1:00 – 3:00 pm.

Written Comments: Interested parties may submit comments by July 3, 2024, on the Working and Informal Papers for the 46th session of the UNSCEGHS to the docket established for International/Globally Harmonized System (GHS) efforts at: http://www.regulations.gov, Docket No. OSHA-2016-0005.

OSHA HCS Amendments Primarily Align with GHS Rev 7

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

Read more here.

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

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

Read more here

Safe + Sound Week 2024

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

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

NIOSH Mental Health Resources

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

Participate in the Fall Stand-Down

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

There Is More to TSCA Reporting Than CDR: TSCA Sections 8(a), (c), (d), and (e)

June 18, 2024
11:00 a.m. – 12:00 p.m. (EDT)

Register Now

Presenters:

Dave Turk, U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP)
Stephanie Griffin, EPA OCSPP
Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C^®)
Lynn L. Bergeson, Managing Partner, B&C

EPA has been using its Toxic Substances Control Act (TSCA) Section 8 authorities in new and different ways. These TSCA reporting obligations have been of interest to stakeholders, raising many good questions and interest in understanding why EPA is seeking information, how it relies upon the information it receives, and what is in scope under the various reporting obligations. We here at Bergeson & Campbell, P.C. think it is timely to schedule a webinar on TSCA Section 8 authorities and how EPA is implementing these authorities to assist in achieving TSCA goals.

We intend to address TSCA Sections 8(a), 8(c), 8(d), and 8(e), reminding participants about chemical data reporting (CDR), describing the per- and polyfluoroalkyl substance (PFAS) data reporting rule, and discussing EPA’s consideration of a tiered data reporting (TDR) rule.

B&C appreciates that EPA is working hard to reach out to traditional and non-traditional TSCA stakeholders. We see this webinar as an opportunity to address why these reporting authorities are critically important for the regulated community to share information and for EPA to consider such information in its regulatory initiatives.

Topics Covered:

• TSCA Section 8(a)
  • CDR Rule
  • PFAS Data Reporting Rule
  • Consideration of Potential TDR Rule
• TSCA Section 8(c): Allegations, Recordkeeping, and Production
• TSCA Section 8(d): Health and Safety Data Reporting (and current proposal)
• TSCA Section 8(e): Notification of Substantial Risk

TSCA Reform – 8 Years Later

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

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

Now Open – STOP School Violence Program FY2024 Solicitations (June Deadlines)

• BJA 2024 STOP Solicitation
• COPS SVPP Solicitation
• OJJDP 2024 STOP Solicitation

Networking Drop-In

BJA/COPS STOP grantees, join our monthly Networking Drop-In session 6/19 from 3-4 PM ET. This is your opportunity to connect and engage with fellow grantees.

These sessions are not recorded. A Zoom link will be sent out via email (Note: the link remains the same every month). If you are a grantee and do not receive these emails, let us know.

Learn more about these solicitations by visiting our website.

Explore Our School Threat Assessment Toolkit:

Now Available in Interactive Web Format!

Introducing AIHA’s Military and Uniformed Services Support Committee

Walking around AIHA Connect, AIHA’s annual conference, it’s easy to spot the many uniformed military service members attending and, in many cases, leading professional development courses (PDCs), pop-up educational sessions, and volunteer group meetings. This observation, combined with the results from our 2023 membership survey, indicated that the government and military comprises our second-highest membership industry group, which led us to ask, “How can we better serve the military community?”

Conducting a deeper analysis, we discovered interesting data that indicated we were on to something.

Read more here

IHMM-HMS Event Calendar