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

1,561 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 is circulating a letter to Congressional appropriators encouraging OSHA funding for FY2025.
2. IHMM is circulating a letter with the Intersociety Forum [ISF] to communicate to the new Administration the value of the EHS communities of practice.
3. 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.
4. IHMM has filed comments on the OMB Inquiry concerning the EPA and DOL proposed regulatory measures concerning Methylene Chloride on December 13, 2024.
5. 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.
6. 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

NLRB Acting GC Rescinds Abruzzo Memos. The National Labor Relations Board (NLRB) still lacks an operational quorum, but Acting General Counsel William B. Cowen is taking steps to undo policy positions held by his predecessor, Jennifer Abruzzo. Thomas M. Stanek and Zachary V. Zagger have the details on Cowen’s rescission of at least eighteen of Abruzzo’s general counsel memoranda relating to expanded remedies, noncompete agreements, and severance agreements, among others. These memoranda represented Abruzzo’s opinion on areas of the law in which she wanted the Board to act, or her interpretations of how Board decisions should be implemented. By rescinding these memoranda, Cowen effectively “wipes the slate clean” and sets the stage for himself—or another individual serving in the general counsel role—to establish his or her own labor policy agenda at the Board. Of course, Cowen’s actions do not overturn any Board decisions that have been issued over the last several years.

Senate HELP Committee Examines Secretary of Labor Nomination. On February 19, 2025, the Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing to examine the nomination of Lori Chavez-DeRemer to serve as secretary of labor. Chavez-DeRemer didn’t reveal too many details about her agenda should she get confirmed, but here are some takeaways about what we might expect:

• Chavez-DeRemer promised to work on or review regulations relating to joint employer and independent contractor status under the Fair Labor Standards Act (FLSA).
• As for workplace safety, Chavez-DeRemer stated that she would review the Occupational Safety and Health Administration’s (OSHA) proposed emergency response rule, as well as OSHA’s pending proposal on workplace violence prevention.
• No senators asked Chavez-DeRemer about the prospects of the Office of Federal Contract Compliance Programs (OFCCP), which was gutted by Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
• Chavez-DeRemer expressly denounced her support of the provision in the Protecting the Right to Organize (PRO) Act, which would eliminate state right-to-work laws, stating that her support of the bill was to start a conversation about workers’ rights and that the bill was imperfect.
• Regarding immigration, Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK) expressly asked Chavez-DeRemer to encourage the U.S. Congress to issue the maximum allotment of H-2B visas, while Senator Tommy Tuberville (R-AL) impliedly asked her to support the H-1B program. In response, Chavez-DeRemer noted the U.S. Department of Labor’s (DOL) limited role in these programs, but promised to work with the senators on these issues.
• Democratic senators generally raised issues that are likely to resound as reoccurring themes from their side of the aisle during this congressional session: raising the minimum wage, promoting unionization, attacking right-to-work laws, endorsing paid family leave, criticizing noncompete agreements, and condemning President Donald Trump’s removal of U.S. Equal Employment Opportunity Commission (EEOC) commissioners Jocelyn Samuels and Charlotte Burrows, as well as NLRB member Gwynne Wilcox.

Republicans outnumber Democrats on the HELP Committee 12–11, so even one Republican “no” vote could cause problems for Chavez-DeRemer’s nomination. The committee is expected to vote on Chavez-DeRemer’s nomination on February 27, 2025.

House Republican Introduces Independent Contractor Legislation. Representative Kevin Kiley (R-CA) has introduced two bills addressing independent contractors.

• The Modern Worker Empowerment Act (H.R. 1319) would amend both the FLSA and the National Labor Relations Act (NLRA) to create a two-part test for determining whether a worker is an independent contractor, rather than an employee. Pursuant to the bill, a worker is an independent contractor if the putative employer “does not exercise significant control over the details of the way the work is performed by the individual” and if the worker “has the opportunities and risks inherent with entrepreneurship, such as the discretion to exercise managerial skill, business acumen, or professional judgment.” The bill also lists several factors that cannot be used as part of the employee/independent contractor inquiry, such as requiring the worker to comply with legal requirements, carry insurance, or “meet contractually agreed-upon performance standards, such as deadlines.’’
• The Modern Worker Security Act (H.R. 1320) allows employers to provide workers with portable benefits—such as paid leave, health insurance coverage, and retirement savings—without those benefits being an indicia of employment under federal law.

Kiley represents California’s 3rd congressional district, is very familiar with the state’s A.B. 5 independent contractor statute, and has been a strong opponent of the Biden administration’s DOL’s independent contractor rule.

Democratic State AGs Issue DEI-Related Guidance. The Trump administration’s opposition to diversity, equity, and inclusion (DEI) continues to reverberate in the private-sector employer community. For example, sixteen Democratic state attorneys general have issued a document entitled, “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives. The document sets forth the legal opinions of the attorneys general regarding the impact of EO 14173 on private-sector DEI initiatives. The guidance takes the position that DEI programs and practices “are not illegal, and the federal government does not have the legal authority to issue an executive order that prohibits otherwise lawful activities in the private sector or mandates the wholesale removal of these policies and practices within private organizations, including those that receive federal contracts and grants.” The guidance does not carry the force of law, and does not compel employers to take any particular action, but it does serve as an example of Democrats’ efforts to counter Republican attempts to undermine diversity and inclusion practices in the private sector. Future Democratic efforts could exert more pressure on employers that have changed their DEI practices as a result of the administration’s actions. Nonnie L. Shivers and Leah J. Shepherd have the details.

EEOC to Prioritize “Anti-American National Origin Discrimination.” On February 19, 2025, the EEOC issued a press release reemphasizing that Acting Chair Andrea Lucas will prioritize “protecting American workers from anti-American national origin discrimination.” The release coordinates the EEOC’s enforcement agenda with the administration’s scrutiny of both legal and illegal immigration, noting, “The EEOC will help deter illegal migration and reduce the abuse of legal immigration programs by increasing enforcement of employment antidiscrimination laws against employers that illegally prefer non-American workers.” The press release further states that federal law makes it unlawful for employers to adopt policies or practices preferring “illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers.”

Summary of NFPA 70E Article 110.5 (I): Job Safety Planning and Job Briefing

NFPA 70E mandates that before beginning work on or near energized electrical equipment, a comprehensive safety planning and briefing process must be followed. Key elements include:

• Pre-Task Assessment:
  A thorough evaluation is required to identify job-specific electrical hazards (e.g., arc flash, shock) and determine the appropriate risk control measures.

• Development of Safe Work Procedures:
  Based on the hazard analysis, specific safe work practices are established, including the selection and proper use of personal protective equipment (PPE) and any necessary safeguards.

• Job Safety Briefing:
  All personnel involved must participate in a briefing that clearly communicates:

  • The scope of work and identified hazards
  • The safe work procedures and required PPE
  • Roles, responsibilities, and emergency procedures

• Employee Engagement and Verification:
  The briefing ensures every team member understands the planned safety measures and has an opportunity to ask questions before work commences.

By enforcing these steps, NFPA 70E Article 110.5 (I) ensures that all electrical work is performed with a clear understanding of potential hazards and the appropriate measures to mitigate risks.

Injury Tracking Application (ITA) Information

Resources for Electronic Submission of Injury and Illness Data

This page provides requirements and guidance about electronically submitting your establishments’ injury and illness data from the OSHA Form 300A: Summary of Work-Related Injuries and Illnesses, OSHA Form 300: Log of Work-Related Injuries and Illnesses, and OSHA Form 301: Injury and Illness Incident Report. OSHA provides a secure website, the Injury Tracking Application (ITA), where you can manually enter your data to the ITA via the web form, upload a CSV file to the ITA, or transmit data electronically via an API (application programming interface).

OSHA Requirements

• OSHA Injury and Illness Recordkeeping and Reporting Requirements
• OSHA Injury and Illness Recordkeeping Rule Regulatory Text and Resources by Provision
• Improve Tracking of Workplace Injuries and Illnesses Final Rule (2023)
• 29 CFR 1941 Regulation

Instructions for CSV Upload

• CSV Form 300A File: Instructions, Template, Sample
• CSV Form 300/301 File: Instructions, Template, Sample
• API Technical Specifications: 300A, 300/301

Significant Environmental Stories Have Dominated This Week

1. Ambitious Climate Policies and Emission Regulations
   Several governments have introduced new policies aimed at slashing greenhouse gas emissions and accelerating the transition to renewable energy. These measures include stricter industrial standards and incentives for clean technology investments, representing a significant step forward in national and international climate strategies.

2. High-Stakes International Climate Summit
   Global leaders are convening at a major climate summit where discussions are centered on carbon pricing, deforestation, and climate finance. The summit is critical for forging multilateral agreements that will help nations meet their net-zero targets and strengthen resilience against climate impacts.

3. Record Extreme Weather Events
   Recent weeks have witnessed unprecedented weather patterns—from severe flooding in parts of Europe and North America to prolonged droughts in other regions. These events have not only resulted in immediate humanitarian and economic challenges but also serve as a stark reminder of the accelerating pace of climate change.

4. Widespread Environmental Protests
   Communities and environmental activists are mobilizing against new fossil fuel projects and industrial developments deemed harmful to local ecosystems. These protests underscore a growing public demand for accountability and a shift towards more sustainable, environmentally responsible practices.

5. Alarming New Research on Biodiversity Loss
   Scientists have released new studies detailing significant declines in species populations across critical habitats. The research highlights the urgent need for enhanced conservation efforts and policies to protect vulnerable ecosystems and maintain biodiversity, which is essential for the health of the planet.

Workplace Safety Stories This Week

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.

February ICC Compliance Bulletin

As we step into a brand-new year, we’re excited to bring you the February 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:

• “What’s New in the IMDG Code Amendment 42-24?” explains the latest updates to International Maritime Dangerous Goods Regulations, effective January 1, 2025.
• 6 New Year’s Resolutions for Safety Professionals” challenges safety experts to start 2025 with fresh goals for workplace safety. From learning key lessons from 2024 to staying ahead of regulatory updates and fine-tuning training, this article offers practical steps to enhance safety culture and compliance.
• “PHMSA Increases Penalties for 2025” alerts shippers to higher fines for dangerous goods violations. With penalties rising again, staying compliant through proper training is more crucial than ever.
• “Winter Driving Tips” highlights essential precautions for staying safe on snowy roads. From clearing ice off your vehicle to packing emergency supplies, these tips help both commercial and personal drivers navigate winter’s unpredictability.

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.

Reducing Firearm-Related Violence Through Anonymous Reporting

In this video launching 2/19, Dr. Elyse Thulin explores how anonymous reporting systems (ARS) help prevent firearm-related violence in and around schools. Discover how firearm-related tips through ARS strengthen safety and empower communities to report concerns confidentially. Visit our website to learn more.

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STOP Grantee Community of Practice

We’re thrilled to announce that the NCSS STOP Grantee Community of Practice (CoP) platform officially launched on February 13th. Hosted on Canvas, this exclusive online space is designed specifically for STOP grantees to connect, collaborate, and share valuable resources to enhance school safety efforts. Grantees, whether you’re looking to exchange best practices, access helpful tools, or engage with peers, the CoP offers a flexible and interactive space to support your work—whenever you need it. Stay tuned for more details tomorrow—we can’t wait for you to explore the CoP and start connecting with fellow grantees!

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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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• 3/19 – Enhancing School Safety Using Behavioral Threat Assessment

Hosted by the Department of Homeland Security

Breaking Bad News

Sometimes, things go wrong. It may be your role as an occupational and environmental health and safety professional to inform your clients, executives, or management of a problem, such as that employees have been exposed to dangerous levels of a toxic substance. Or you may have to warn them that a problem will occur if they don’t act, such as by ensuring a hazardous material is stored properly or used with appropriate controls.

Alan Leibowitz, CIH, CSP, FAIHA, emphasizes that everyone, no matter their role in their organization, must occasionally report problems to organizational leaders. This is particularly true for OEHS professionals. “The nature of our profession is that we don’t often focus on the things that are going well,” Leibowitz said. “We focus on identifying potential concerns.”

Read more here.

• Highlights from February Member State Committee meeting
• New intention to identify a substance of very high concern (SVHC)
• Consultation on harmonised classification and labelling
• New proposal to harmonise classification and labelling
• Updated Candidate List reference substance package available for SCIP notifiers
• Assessment of regulatory needs report published
• Nanopinion: What if you eat nanoplastics? Fate of small plastic debris in the simulated gastrointestinal tract
• Biocides decision on Union authorisation

IHMM-HMS Professional Development