IHMM Today August 13, 2024

IHMM Today is an online publication of the Institute of Hazardous Materials Management® (IHMM®).

Other than content specifically provided by IHMM, articles contained in IHMM Today are compiled from

independent sources and do not necessarily reflect the opinions of IHMM.

Inside IHMM

Creating a Collaborative Culture

There are 1,409 different conversations going on in the IHMM/HMS Collaboration platform this week.

Do you have a problem you need to solve and want the opinions of your colleagues? We created the COLLABORATION platform to enable our certificants to network, learn, and grow from one another.

This is where we collaborate with the best people in their fields, always willing to help one another lessen the stress of our jobs and where we strive as a team to make a difference of which we are proud.

You can collaborate here.

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

IHMM Proposes Changes in Government Recognition of Credentials

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

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

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

Beltway Buzz – Ogletree Deakins

Congress: Gone ’Til September. The U.S. Senate wrapped up business last week and has joined the U.S. House of Representatives on August recess. The U.S. Congress isn’t scheduled to return to Washington, D.C., until September 9, 2024. Congress is scheduled to be in session for three weeks in September before members hit their respective campaign trails, and then won’t return until after the November elections.

Writing’s on the Walz. Vice President Kamala Harris has selected Minnesota Governor Tim Walz as her running mate in the upcoming presidential election. A former teacher and member of the Army National Guard, Walz represented Minnesota’s First District in the U.S. House of Representatives from 2007 to 2019 before becoming governor. Upon the announcement of Walz’s selection, the AFL-CIO announced its support, describing Walz as “an ally to the labor movement, but also our union brother with a deep commitment to a pro-worker agenda.” As governor, Walz signed legislation banning noncompetes, providing for paid sick leave, and instituting workplace safety measures in the warehouse industry. Walz also signed legislation providing for paid family and medical leave and also limiting employers’ ability to speak with employees about the pros and cons of unionization. A Harris-Walz administration would likely carry on—and push forward—the Biden labor and employment agenda.

NLRB Nominees Poised for Senate Vote. Late last week, the Senate Committee on Health, Education, Labor and Pensions (HELP) voted to approve the nominations of Lauren McFerran and Joshua Ditelberg to the National Labor Relations Board (NLRB). The votes, which were held behind closed doors and without the benefit of a hearing, tee up the nominees for a floor vote by the full Senate (those potential votes have not been scheduled). McFerran squeaked by on an 11–10 party-line vote, with all Republicans voting against her, including Alaska Senator Lisa Murkowski and Maine Senator Susan Collins, both of whom voted in favor of McFerran’s nomination on the Senate floor in 2020. Other current Republicans who voted for McFerran in 2020 included John Cornyn (TX), Steve Daines (MT), Lindsey Graham (SC), and Dan Sullivan (AK). If all of these Republicans vote against McFerran this time around, and Senator Manchin sticks to his vow not to support partisan nominees, a confirmation vote on McFerran could be very, very close.

NLRB GC Issues Memo on Disclosure and Privacy Requirements for Higher Ed. On August 6, 2024, NLRB General Counsel Jennifer Abruzzo issued a memo, entitled, “Clarifying Universities’ and Colleges’ Disclosure Obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act.” The memo addresses the impact of the Family Educational Rights and Privacy Act of 1974 (FERPA)—which protects the privacy of student education records—on certain educational institutions’ obligations under the National Labor Relations Act (NLRA) to provide labor unions with particular information in certain situations. According to the memo, if a union “seeks information protected by FERPA, the institution must offer a reasonable accommodation in a timely manner and bargain in good faith with the union toward a resolution of the matter.” The memo also includes a voluntary FERPA consent template that student-employees can sign at the start of their employment. According to Abruzzo, this form will “reduce delay and obviate the need to seek students’ consent at the time a union seeks to represent employees or submits an information request to carry out its representative functions.” The memo tracks with the current Board’s predilection for categorizing college students and athletes as employees.

House Bill Creates New Penalties, Increases Existing Penalties, for Employers. Democrats in the U.S. House of Representatives introduced the “Labor Enforcement to Securely (LET’S) Protect Workers Act” (H.R. 9137), which would increase penalties on employers that violate federal labor and employment laws. For example, the bill would:

• increase the statutory maximum civil money penalty for wage and hour violations from $1,100 (currently adjusted for inflation to $2,451) to $25,000 for each violation;
• increase the maximum penalty for a serious violation under the Occupational Safety and Health Act would increase from $7,000 (currently adjusted for inflation to $16,131) to $80,000 per violation;
• create a new penalty for employers committing unfair labor practices under the NLRA of $50,000 for each violation; and
• resuscitate OSHA’s so-called “Volks” rule, which extended the period during which OSHA could issue citations for recordkeeping violations and which was rescinded by Congress in 2017.

For now, the bill doesn’t stand a chance in the Republican-controlled House, but could be something to watch in 2025, depending on the results of the November elections.

Safe + Sound Week 2024 – Sign Up Now!

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

Registration is open now. Visit the Safe + Sound event archive to view participation from previous years.  

Participating in Safe + Sound Week Is Easy and Fun!

• Fill out the short registration form (takes 2 minutes or less!)
• Add your business to the Safe + Sound Week map.
• Get free resources and customizable materials.
• Hold an event.
• Take a survey.
• Get a certificate!

SIGN UP NOW!

Government Shutdown Threat Looms in September

NPDES BASIC PERMIT WRITERS’ COURSE

Virtual Guided Learning

August 22, 2024 – September 26, 2024

Registration

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 Course starting on August 22nd with an 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.

As a foundational course, the training does not address in detail specialized topics such as industrial and municipal stormwater, concentrated animal feeding operations, and pesticide discharges. For more information on these specialized topics, please visit EPA’s NPDES website at www.epa.gov/npdes.

The 5-week course will begin on Thursday, August 22, 2024. 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 26th, however a “rain date” of October 1st 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 19th prior to the course start.

Microsoft Teams will be utilized for the virtual classroom and can be accessed through the desktop application or a web browser. Course materials will be provided electronically on the Microsoft Teams classroom site for download by the participants prior to the start date.

Course Schedule and Logistics

OSHA Emergency Response Standard Hearing

National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors Malfunction and Electronic Reporting Amendments

OSHA Heat Standard Coming

The Occupational Safety and Health Administration (OSHA) has released a proposed rule that would protect approximately 36 million workers in indoor and outdoor work settings from extreme heat. The proposed rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. Among other things, the plan would require employers to evaluate heat risks and — when heat increases risks to workers — implement requirements for drinking water, rest breaks and control of indoor heat. It would also require a plan to protect new or returning workers unaccustomed to working in high heat conditions.

Perhaps the biggest takeaway is a new requirement that affected employers (there’s a list of exemptions, which are mostly office and telework employee related) must develop and deploy a written heat safety plan. Once the formal proposal is published, there will be a comment period and plenty of opportunity to provide feedback to OSHA before any rule is finalized.

Federal Register Notice

Attention Transporters of Hazardous Materials: PHMSA Proposes Registration Fee Updates

PHMSA

In an NPRM, the agency, 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.

PHMSA’s proposed rulemaking would increase the annual fee by $125 for those registrants qualifying as a small business or not-for-profit organization (an increase from $250 to $375) and those registrants not qualifying as a small business or not-for-profit organization by $425 (an increase from $2,575 to $3,000).

Other proposed amendments in the NPRM include:

• Implementing an electronic-only registration fee payment process, based on changes to the payment processes implemented by the Department of Treasury
• Revising requirements to clarify that a Certificate of Registration may be carried in either electronic or paper form, for both motor carriers and those who transport hazardous materials by vessel.

The proposed update to fees will generate the estimated $6.4 million dollars necessary to fund PHMSA’s Hazardous Materials Emergency Preparedness (HMEP) grants program at newly authorized levels in accordance with the Infrastructure Investment and Jobs Act (2021).

Comments are due no later than August 22^nd, 2024. See details and how to comment here.

Federal Register Notice

Notice of Public Meetings: International Standards on the Transport of Dangerous Goods

PHMSA’s OHMS 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:

• ICAO TDG Working Group 24 (WG/24), tentatively scheduled for October, in Montreal, Canada.
• The 65th session of the UNSCOE TDG, scheduled for November 25 to December 3, 2024, in Geneva, Switzerland.

Each of these public meetings will be held approximately two weeks before the corresponding international meeting at U.S. Department of Transportation (DOT) Headquarters in Washington, DC (1200 New Jersey Avenue SE, West Building), with a remote participation option available. Specific information for each meeting, including date, time, conference call-in number, and details for advance registration will be posted when available on PHMSA’s website under “Upcoming Events.”

Federal Register here.

Federal School Safety Clearinghouse External Advisory Board

This week, the Department of Homeland Security announced the inaugural members of the Federal School Safety Clearinghouse External Advisory Board. The NCSS is honored to be part of this dedicated group of experts working to enhance K-12 school safety and security nationwide. Learn more here.

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Creating a Culture of Support: Enhancing Staff Resilience in Emergency Situations Webinar

In this webinar on 9/12, presenters from the Colorado School of Public Health will discuss improving systems around emergency drills through tailored training, gathering staff feedback, and identifying local resources. Participants will learn to customize training for their districts, lead effective feedback sessions, and implement changes based on staff input. Registration coming soon.

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Understanding Firearm-Related Injury and School Violence

In this 5-part podcast interview series released earlier this year, experts cover crucial topics like youth suicide prevention, anonymous reporting systems, and community engagement. Listeners will gain a comprehensive understanding of how school safety strategies intersect with firearm-related injuries.

Episode 1 – Contributing Factors for Firearm-Related Injuries

Episode 2 – Firearm Safety, School Violence, and Youth Suicide

Episode 3 – Extreme Risk Protection Orders

Episode 4 – Anonymous Reporting Systems

Episode 5 – Community Engagement

Learn More Here

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8 Lessons Learned From a Real-Life Swatting Incident

Last fall we hosted a live webinar with staff from the city of Franklin, New Hampshire, and the Franklin School District. The discussion highlighted their response to a swatting incident in 2022.

With these crises becoming more common nationwide, preparation is crucial. Our latest blog post shares valuable insights from the Franklin team that may help school districts address potential security issues.  Learn more here.

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• 9/25-26 – 2024 National Summit on K-12 School Safety and Security

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Explore Our School Threat Assessment Toolkit:

Now Available in Interactive Web Format!

The Hierarchy of Controls as a Risk Management Tool

When someone mentions the hierarchy of controls, occupational and environmental health and safety professionals likely think of NIOSH’s pyramid and its five levels of control strategies: elimination, substitution, engineering controls, administrative controls, and personal protective equipment.

A newly published white paper by AIHA, titled Hierarchy of Controls, reorients OEHS professionals’ approach to the hierarchy of controls and illustrates effective application of the HoC to address workplace hazards. NIOSH’s pyramid is just one version of a flexible and expansive concept that can be adapted to the specific risks and hazards found in any workplace. For example, the HoC model shown in Figure 1 enhances the pyramid and illustrates the efficacy of various controls in a way that helps users select appropriate strategies to address known hazards.

Read more here.

IHMM-HMS Event Calendar