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

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Inside IHMM

Creating a Collaborative Culture

1,533 different conversations are 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]

Sponsored Content

IHMM Proposes Changes in Government Recognition of Credentials

1. IHMM has filed comments in the OSHA proposed Heat rule, underscoring IHMM’s commitment to bringing our SMEs expertise to an important public policy issue as well as highlighting the value of our certifications and those who hold them.
2. IHMM has filed comments on the OMB Inquiry concerning the EPA and DOL proposed regulatory measures concerning Methylene Chloride on December 13, 2024.
3. IHMM Sent a letter to the U.S. Department of the Interior, National Park Service, concerning the uses of professionally credentialed persons performing work for the Park Service.
4. 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.

• Here is the response we received back from the VA.

4. 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.

5. 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.

All IHMM Government Affairs Projects Are Here

Beltway Buzz – Ogletree Deakins

The Trump Administration 2.0. President Donald Trump began his second term in office this week, and as expected, began with a flurry of actions and executive orders (EOs). Below is a roundup of the key actions President Trump took during this first week.

President Trump’s Executive Order Guts OFCCP, Targets Private-Sector DEI

• Rescission of EO 11246. On January 21, 2025, President Trump issued an executive order, entitled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO makes seismic changes to federal contracting employment policy by revoking Executive Order 11246, issued in 1965, that establishes nondiscrimination and affirmative action obligations for federal contractors. President Trump’s EO further prohibits the Office of Federal Contract Compliance Programs (OFCCP) from promoting diversity, requiring contractors to take “affirmative action” and “[a]llowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.”

• Private-Sector DEI Enforcement. Other aspects of the EO directly target diversity, equity, and inclusion (DEI) programs in the private sector. For example:
  • The EO requires each federal contractor “to certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.”
  • The EO requires the U.S. attorney general to develop a strategic enforcement plan identifying “up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars.”

• What’s Left? The EO does not address federal contractors’ obligations under the Vietnam Era Veterans’ Readjustment Assistance Act and the Rehabilitation Act of 1973.

Diversity, Equity, and Inclusion

• President Trump and most Republicans view DEI efforts with significant skepticism, so it was no surprise that President Trump issued an executive order, entitled, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” on his first day back in the White House.

• The EO calls for “the termination of all discriminatory programs, including illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear.” (Emphasis added.)

• The EO does not directly implicate DEI programs operated by federal contractors. However, the EO does eliminate “DEI or DEIA performance requirements for employees, contractors, or grantees” and requires agencies to submit to the Office of Management and Budget the names of “Federal contractors who have provided DEI training or DEI training materials to agency or department employees.”

More Federal Contractor Issues

• President Trump rescinded Executive Order 14055 of November 18, 2021 (“Nondisplacement of Qualified Workers Under Service Contracts”). The EO requires that successor federal contractors offer employment to employees employed under the predecessor contract. This is a bit of déjà vu for President Trump, as he rescinded the same executive order on October 31, 2021. Indeed, this issue has been going back and forth in Washington, D.C., for at least thirty years.

• In a housekeeping measure, President Trump revoked Executive Order 14069 of March 15, 2022 (“Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency”). The proposed rule to implement the EO was rescinded on January 8, 2025.

EO Relating to Gender and Employment Policy

• President Trump issued an executive order, entitled, “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government.” According to the EO, “It is the policy of the United States to recognize two sexes, male and female” and “the Executive Branch will enforce all sex-protective laws to promote this reality.”

• Regarding enforcement of federal employment laws, the EO directs agencies to use “give the terms ‘sex’, ‘male’, ‘female’, ‘men’, ‘women’, ‘boys’ and ‘girls’ the meanings set forth in section 2 of this order when interpreting or applying statutes, regulations, or guidance and in all other official agency business, documents, and communications.” (Emphasis added.)

• The EO further instructs the attorney general to issue guidance (1) “to ensure the freedom to express the binary nature of sex and the right to single-sex spaces in workplaces and federally funded entities covered by the Civil Rights Act of 1964” (e.g., bathrooms, locker rooms, etc.); and (2) addressing what the Trump administration believes is the misapplication of the Supreme Court’s decision in Bostock v. Clayton County (2020) beyond the employment context.

• The EO directs the U.S. Equal Employment Opportunity Commission (EEOC) to rescind—in its entirety or the relevant provisions—its “Enforcement Guidance on Harassment in the Workplace” (April 29, 2024). With Democrats in the majority at the Commission (see below) this recission is unlikely to happen.

Immigration

• As expected, immigration-related executive orders featured prominently this week. In addition to addressing unlawful immigration and the situation at the Southern border, several of President Trump’s actions will have a direct impact on employment-based immigration. Yvonne Toy, Marissa E. Cwik, Christina M. Kelley, and Ashley Urquijo have the details on President Trump’s executive orders relating to birthright citizenship, “Enhanced Vetting and Screening,” and other issues. (A federal judge in Washington has already blocked the implementation of the birthright citizenship executive order for fourteen days, describing it as “blatantly constitutional.” Ashley Urquijo, Brittani B. Holland, and Rosa M. Corriveau have additional details.)

• In addition to these EOs, President Trump issued an order rescinding Executive Order 14110 of October 30, 2023 (“Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”). That EO encouraged multiple agencies, including the U.S. Department of Labor and U.S. Department of State, to streamline their processes to make it easier for experts in artificial intelligence (AI) or other emerging technologies to work in the United States. These initiatives, such as the potential updating of Schedule A of the permanent labor certification process, are unlikely to move forward in the new administration.

Regulatory Orders

• Regulatory Freeze Pending Review. This EO is a common practice for new administrations. It immediately pauses any pending or proposed rules, orders the withdrawal of rules sent to, but not published in, the Federal Register, and orders a sixty-day postponement of the effective date of rules that have been published but have not gone into effect.

• Rulemaking Transparency. On October 19, 2019, President Trump issued two executive orders (EO 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents, and EO 13892, Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication). The EOs state that agency guidance documents should not form the basis of enforcement actions and that agencies should solicit public feedback prior to issuing such guidance documents. These EOs were rescinded by President Biden on his first day in office. This week, President Trump rescinded the rescission, setting the stage for more transparency in agency guidance documents.

Personnel Decisions

• National Labor Relations Board (NLRB). Perhaps the biggest news about the Board is that, as of this writing, General Counsel Jennifer Abruzzo is still employed. It was widely believed that firing General Counsel Abruzzo was a top priority during President Trump’s first week. President Trump named Marvin Kaplan chair of the NLRB. The Board currently has a 2–1 Democratic majority with two vacant seats. Despite being designated as chair, Kaplan will not have the votes to reverse recent Board decisions until the two vacancies are filled.

• EEOC. President Trump named Andrea Lucas chair of the EEOC. The EEOC currently has a 3–1 Democratic majority that it will enjoy at least until July 2026, when Chair Jocelyn Samuels’s term expires.

Spotlight: Enforcement Discretion on New International Standards

Happy New Year! As we move into 2025, we understand that many offerors and carriers of hazardous materials in international transport will soon be adhering to new requirements—including the 2025–2026 International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and Amendment 42-24 of the International Maritime Organization, International Maritime Dangerous Goods Code (IMDG Code).
Currently, the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) authorize use of the 2023–2024 ICAO Technical Instructions and Amendment 41-22 of the IMDG Code. PHMSA is evaluating whether to adopt the updated ICAO Technical Instructions and new Amendment to the IMDG Code in a future rulemaking.

In coordination with our modal partners, PHMSA has issued the following Enforcement Discretion notice, to clarify that we will not take enforcement action against offerors or carriers who:

• Use the 2025–2026 ICAO Technical Instructions when all or part of the transportation is by air
• Use Amendment 42-24 when all or part of the transportation is by vessel
• Offer or accept hazardous materials identified and described on a shipping paper and/or packages marked and/or labeled in accordance with these standards—provided that appropriate emergency response information consistent with 49 CFR Part 172, Subpart G, accompanies the shipment.

Items described and packaged for transportation under the respective international standards as UN3559 and UN0514, “Fire Suppressant Dispersing Devices,” however, must first be approved by the Associate Administrator in accordance with 49 CFR § 173.56.

Information on the notice can be found here: https://www.phmsa.dot.gov/news/notice-enforcement-policy-regarding-international-standards-1

Effective December 9, 2024, this notice will remain in effect until withdrawn or otherwise modified.

NPRM: Advancing Safety of Highway, Rail, and Vessel Transportation

Deadline: April 28, 2025

On October 28, HM-265 Notice of Proposed Rulemaking (NPRM) titled “Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation” was published to the Federal Register. This NPRM proposes amendments to improve the safety and efficiency of hazardous materials transported by highway, rail, and vessel, as well as several amendments for all modes of transportation. Specifically, some of the proposed amendments include:

• Adopting the 2017 Rail Safety Advisory Committee Hazardous Materials Issues Working Group recommendations
• Removing the delegation to the Association of American Railroads as the sole source for tank car design approvals and tank car facility quality assurance program approvals
• Revising the UN ID number marking requirements for motor carriers who transport different types of petroleum distillate fuels (e.g., gasoline and diesel fuel) in multiple trips in the same day
• Updating cargo tank manufacture and inspection requirements to address safety deficiencies noted during inspections
• Removing the requirement for security awareness training for hazmat employees who manufacture packagings and do not come into contact with hazardous materials in transport.

As with any NPRM, PHMSA needs your input! We’ve extended the comment period, meaning that all comments must be received by April 28, 2025.

Notice to Public Safety Answering Points (PSAP, e.g., 9-1-1 call centers)

Starting on June 24, 2025, the six Class I railroads are required to begin complying with the requirements of the HM-263 Real-Time Train Consist Information final rule.

This rule requires that, for any accident involving a train transporting hazardous material, or any incident involving the release or suspected release of hazardous materials from a car on a train, railroads must make a telephone call to the primary Public Safety Answering Point (PSAP) informing them of the incident or accident. Then, the railroad must transmit train consist information directly to the primary PSAP, in a form that the PSAP is able to receive and use.

Train consist information includes:

• The railroad’s designated emergency response point of contact (including contact phone number)
• the position in the train and contents of each hazardous material rail car, listed by reporting mark and number
• The point of origin and destination of the train
• Shipping paper information (e.g., UN ID number, proper shipping name, hazard class, packing group, technical name (if applicable), number and type of packages
• Emergency response information required by § 172.602(a) of this subchapter.

This information is critical for first responders to protect themselves and their communities during the initial stages of a response to a train accident or incident involving hazardous materials.

PHMSA Letters of Interpretation (LOI): Lithium Batteries

PHMSA’s Standards and Rulemaking team issues Letters of Interpretation (LOIs) in direct response to stakeholder requests. These letters are meant to clarify the proper application of the Hazardous Materials Regulations (HMR) in specific scenarios which may not be immediately clear in the regulatory text. While LOIs cover a wide range of hazmat topics, we have received several inquiries related to the transportation of lithium batteries. In response, PHMSA recently issued the following LOIs, focused on:

24-0034 – “DDR battery determination of HMR applicability”
24-0041 – “Lithium Batteries State of Charge”
24-0064 – “Foam Battery Trays”
24-0085 – “Shipper’s Agent for Shipping Lithium Batteries.”

You can find past LOIs via the search tool on PHMSA’s Letters of Interpretation webpage or the PHMSA oCFR tool, which offers search criteria based on keyword, regulatory citation, or date.

PHMSA has also developed a set of FAQs based on common LOI topics, which may help streamline your search. While individual LOIs are based on specific circumstances and are not applicable to other scenarios that may be similar, PHMSA’s FAQs have been through a notice and comment process and the responses can be widely applied.

Do you have a regulatory question, and can’t find it an answer in previous guidance or LOIs? Reach out to the Hazardous Materials Information Center (HMIC) at 1-800-467-4922 or [email protected] for assistance with next steps!

Interested in being the first to know when PHMSA posts notices and rulemakings to the Federal Register? Receive email notifications from the Federal Register whenever PHMSA posts by visiting the Federal Register site and clicking ‘Subscribe’ at https://www.federalregister.gov/agencies/pipeline-and-hazardous-materials-safety-administration.

January ICC Compliance Bulletin

As we step into a brand-new year, we’re excited to bring you the January edition of our ICC Compliance Bulletin. This issue is filled with key updates and insights to help you navigate the ever-evolving landscape of dangerous goods regulations and set a strong foundation for compliance in 2025.

🔍 This Month’s Spotlights:

• “Dangerous Goods Blitz 2024” highlights the importance of proper training and adherence to shipping regulations, revealing that the top violations during the International Road Check included loading, placarding, and shipping papers, emphasizing the need for improved compliance to ensure safety and avoid fines.
• “IATA Exemptions for Lithium Battery Returns” highlights key provisions in the IATA Dangerous Goods Regulations that simplify shipping lithium-ion and lithium metal batteries by post, allowing up to four cells or two batteries per package, ensuring easier and safer returns of electronic devices while adhering to safety standards.
• “Canada/US Variances under WHMIS and OSHA Hazard Communication” examines key differences between Canada’s WHMIS and the United States’ OSHA Hazcom regulations, highlighting areas such as supplier identifiers, bilingual SDS requirements, and labeling for bulk shipments to help businesses ensure compliance across both countries.
• “Transport Canada Training Guidance” outlines Transport Canada’s updated guidance on basic competencies for transporting dangerous goods, emphasizing training certification, shipping documentation, containment compliance, hazard marking, and emergency response to help businesses maintain safety and compliance.

Safe+Sound Week 2025 – August 11-17, 2025

Safe + Sound Week will be August 11-17, 2025. This year’s focus area is emergency preparedness and response. Stay tuned for more information!

Response-Ready Workplace Challenge

Workplace emergencies can happen at any time. It’s important for workers to be aware of emergency procedures and know what to do in case of an emergency. Are your workers familiar with your emergency action plan (EAP)?

Prepare for Safe + Sound Week 2025!  Take the Response-Ready Workplace Challenge.

1. Review your EAP.
2. Hold a toolbox talk or safety meeting to review your EAP.
3. Download your challenge coin.

Share that you took the challenge on social media using #SafeAndSoundAtWork and #ResponseReady.

Creating the Water Workforce of the Future: Webinar Series

The Water Tower: Leading the Way Through

Innovation and Collaboration

February 4th, 2025

12:30 p.m. – 2:00 p.m. Eastern Time

Register Here

In today’s water sector, it is essential for utilities and industry professionals to collaborate, access vital training, and explore innovative technologies that address the challenges of 21st-century water services. A leading example of this collaboration is The Water Tower (TWT) in Gwinnett County, Georgia.

TWT is a first-of-its-kind nonprofit global water innovation hub for water and wastewater utilities, researchers, private companies, and water-related organizations to collaboratively solve critical, real-world water and environmental challenges.

Through applied research, technology innovation, workforce development, and industry engagement, TWT provides innovative solutions tailored to the water sector. A key focus is integrating and expanding skilled-trades programming to attract and develop a diverse, next-generation water workforce.

This webinar is part of an ongoing webinar series hosted by EPA, in partnership with leading water sector organizations around the country. More information on this webinar series can be found at
https://www.epa.gov/sustainable-water-infrastructure/water-sector-workforce-webinars

EPA Proposes Stormwater General Permits

Proposed 2026 Multi-Sector General Permit Out for Public Comment

EPA is seeking public comment on a proposed 2026 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges from industrial activity. This proposed permit would replace the 2021 MSGP upon finalization. This proposed permit would cover stormwater discharges from industrial facilities in areas where EPA is the NPDES permitting authority.

EPA will take comments on the proposal during a 60-day comment period, which ends February 11, 2025. Comments must be received on or before February 11, 2025.

Proposed Modification to 2022 Construction General Permit (CGP)

EPA proposed a narrow modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include all Lands of Exclusive Federal Jurisdiction in the U.S. This modification is necessary because EPA is the permitting authority in Lands of Exclusive Federal Jurisdiction, and when the 2022 CGP was issued on February 17, 2022, the permit did not specifically provide eligibility for all of these areas.

EPA is seeking comment only on the proposed permit revisions and the accompanying fact sheet. Comments on the proposed modification are due by January 13, 2025.

For any questions related to this announcement, please contact [email protected] for MSGP-related questions and [email protected] for CGP-related questions.

FY2025 STOP School Violence Program Funding

The Bureau of Justice Assistance (BJA) has announced the FY2025 STOP School Violence Program funding opportunity. This program aims to enhance school security by implementing evidence-based measures to prevent violence. These measures include training for students, school personnel, and law enforcement and implementing technology and infrastructure to improve school safety.

Here are key details about the opportunity:

• Purpose: To develop or improve violence prevention programs and school safety initiatives that address the unique needs of schools and communities.
• Eligibility: Local and tribal governments, state agencies, public and private schools, and non-profit organizations are typically eligible to apply.
• Funding Uses:
  • Training to prevent student violence against others and themselves.
  • Development of threat assessment and intervention teams.
  • Technologies or systems to address school violence.

For comprehensive information on the FY2025 STOP School Violence Program funding opportunity, please refer to the official solicitation document provided by the Bureau of Justice Assistance (BJA):

This document offers detailed guidance on eligibility criteria, application procedures, funding categories, and program requirements. It is essential to review this solicitation thoroughly to ensure a complete and accurate application.

Additionally, the BJA’s official website provides a list of current funding opportunities, including the FY2025 STOP School Violence Program:

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The LA Fires: Considerations for the Public

As first responders make progress containing the fires burning in the Greater Los Angeles area, authorities are allowing some evacuated residents to return to their homes. AIHA’s chief science officer, Michele Twilley, DrPH, CIH, recently spoke with Enrique Medina, MS, CIH, CSP, FAIHA, about the hazards potentially faced by returning residents and people living downwind of the fire in the coming days and weeks. Medina is the editor of AIHA’s Technical Guide for Wildfire Impact Assessments for the OEHS Professional and the president and CEO of Alliance Consulting International in San Diego, California.

This post is the first of two that present transcripts of Twilley’s conversation with Medina. It has been edited for length and clarity. Last week’s post, an interview by Twilley with Michelle Rosales, MPH, CIH, covered preparing for evacuation and concerns for returning residents. A subsequent post with Twilley and Medina will focus on challenges facing OEHS professionals responsible for workplaces and communities affected by the fires.

Read more here.

• ECHA adds five hazardous chemicals to the Candidate List and updates one entry
• New intention to identify a substance of very high concern
• Testing proposals
• New material available for managing UFIs in poison centre notifications
• New proposals to harmonise classification and labelling
• Consultations on harmonised classification and labelling
• List of notifications updated
• Assessment of regulatory needs reports published
• Enforcement of chemical products sold online
• Biocides inspectors checking summary of product characteristics and elements of safety data sheet
• Consultation on N-(Hydroxymethyl)acrylamide
• Decisions on biocides

IHMM-HMS Professional Development