[adrotate banner=”1″]
IHMM Remotely Proctored Exams Available Now
IHMM is pleased to announce that the American National Standards Institute [ANSI] has approved Kryterion Remotely Proctored Exams for IHMM’s CHMM, CHMP, and CDGP exams. IHMM has been using the Kryterion Remotely Proctored Exams for the CSHM and CSMP exams since April of this year.
About 60% of Kryterion in-person testing centers have reopened. If you prefer the comfort and convenience of taking your exam from your home or office instead of at a Kryterion center, IHMM is ready to enroll you in a remotely proctored examination. There are Kryterion centers available world-wide and we also offer remotely-proctored testing wherever you are.
Please contact either Kortney Tunstall at [email protected] for the CHMM, CHMP, or CDGP exams or Kaylene Cagle at [email protected] for the CSHM or CSMP exams.
Phone: 301-984-8969 | [email protected]
Tuesday, March 30, 2021
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.
Below you will see the 8 credential badges that are now in each certificant’s MYIHMM account. Every IHMM certificant may use these badges, linked as those below are to their IHMM credential page, for their email signatures, business cards, and other social media applications. You’re justifiably proud of the accomplishment of having earned your credential and you can show the rest of the world.
[adrotate banner=”2″]
Follow IHMM on Twitter
IHMM UPDATES
Need Help? On the IHMM website just click on the “NEED HELP?” button and let us know what you need and the right person will get right back with you.
State of Colorado Recognizes the CHMM
The State of Colorado recognizes the CHMM as a Health & Safety Officer under Department of Transportation contracts, as well as for certifications under 40 CFR Part 261 Subparts C and D, and for compliance under CERCLA, Section 101 [14], as amended.
This is part of the IHMM-AHMP 45 in 5 Project [see below] to secure credential recognition from states and other entities around the country. We all thank the 44 volunteers working all over America and Puerto Rico on this project!
The Task Force is here > https://ihmm.org/45-in-5-task-force/
OSHA Fall Prevention Campaign
In support of the Fall Prevention Campaign and National Safety Stand-Down on May 3-7, 2021, we wanted to make you aware of an educational webinar on Fall Harness Fit: The Basics in coordination with the National Roofing Contractors Association (NRCA). The webinar is scheduled for April 28, 2021, at 1:00 PM (Eastern) and will include speakers from OSHA, NRCA, and CPWR. More information on the webinar and registration is available here.
In addition to the Fall Harness Fit webinar, two new Spanish resources are available for your use in support of the Campaign and National Safety Stand-Down:
- Small Contractors Section (Plan. Provide. Train.) – https://stopconstructionfalls.com/planificar-proporcionar-capacitar/
- General Spanish Resources page – https://stopconstructionfalls.com/prevent-falls-training-other-resources/en-espanol/
Creating the Water Workforce of the Future:
Webinar Series
Cultivating a Positive Workforce Culture From Apprenticeship to Career
April 1, 2021
12:00 p.m. – 1:30 p.m. Eastern Time
Register Here
This program is worth 1.5 IHMM CMPs
A career in the water sector offers meaningful and challenging work that makes a difference in local communities. By building an inclusive and supportive workplace that encourages employee growth, the sector can attract and retain the qualified candidates it needs.
Please join EPA on April 1, 2021, to hear from leaders in the water sector who are embracing the challenge of “Creating the Water Workforce of the Future.”
Joone Lopez from Moulton-Niguel Water District will describe her organization’s journey to build a culture that allowed MNWD to become recognized as one of the outstanding water utilities in the country.
Tim Friday and Eric Dunker from Castle Rock Water and Arapahoe Community College will then describe a utility/community college partnership that trains and places students into jobs in the water workforce.
Moderator
Jim Horne, U.S. EPA
Speakers
From Moulton Niguel Water District (Southern California)
• Joone Lopez: General Manager
From Castle Rock Water & Arapahoe Community College (Greater Denver Area)
• Tim Friday: Assistant Director
• Eric Dunker: Associate Vice President and Dean of Arapahoe Community College: Business, Technology, and Workforce Partnerships
WEBINAR
Event Information: Fall Harness Fit: The Basics
Registration is required to join this event. If you have not registered, please do so now here.
Event status: Not started (Register)
Date and time: Wednesday, April 28, 2021 1:00 pm
Eastern Daylight Time (New York, GMT-04:00)
Change time zone
Wednesday, April 28, 2021 12:00 pm
Central Daylight Time (Chicago, GMT-05:00)
Wednesday, April 28, 2021 11:00 am
Mountain Daylight Time (Denver, GMT-06:00)
Wednesday, April 28, 2021 10:00 am
Pacific Daylight Time (San Francisco, GMT-07:00)
Program: CPWR Informational Webinar Series
Duration: 45 minutes
Description:
In order for a personal fall arrest system to effectively protect workers in the event of a fall, it’s critical that the harness fits properly and is worn as intended. In support of the OSHA-NIOSH-CPWR Campaign to Prevent Falls and National Safety Stand-Down on May 3-7, 2021, CPWR is partnering with the National Roofing Contractors Association (NRCA) to provide an educational webinar on this topic. During this 30-minute presentation followed by Q&A, you’ll hear from the experts at NRCA about how to know whether a harness fits correctly, including demonstrations and descriptions of how it should look and feel when on, and why fit is so important.
Welcome: Scott Ketcham, Director, OSHA’s Directorate of Construction
Panel:
Thomas Shanahan, CAE, VP Enterprise Risk Management and Executive Education, National Roofing Contractors Association (NRCA)
Harry Dietz, Director, Enterprise Risk Management, NRCA
Rich Trewyn, Director, Enterprise Risk Management, NRCA
IHMM Professional Standards Committee – Ethics Review
Certification bodies like IHMM spend a good deal of time and effort promoting private certifications and their personal as well as professional value. One element of this value is our code of ethics.
2 1/2 years ago IHMM received a complaint alleging that someone had violated our code of ethics. We did our research and read the complaint several times not being able to understand who was turning in whom. As it turns out, a lady who works for a state agency was turning in herself. It seems this lady believed she had not treated some of the colleagues with whom she worked in a manner befitting a professional and IHMM certificant. Yes, she turned in herself.
There are many things valuable about a private certification and a code of ethics. There is nothing more valuable than a person who takes professional conduct so seriously as to reflect on it herself and want to do better for herself, those around her, and her credential.
We are exceedingly proud of this person and her desire to get better and to seek the help that is going to allow her to achieve that goal.
The IHMM Board has asked the Professional Standards Committee to review IHMM’s code of ethics and how it may be taught as a part of recertification requirements. The Professional Standards Committee is chaired by Dan Blankfeld, and the full committee is found here.
The committee has also reviewed some important materials of late, among which are:
IHMM Microcredential Task Force
- The IHMM Microcredential Task Force https://ihmm.org/microcredential-task-force/ chaired by Dan Blankfeld, has arrived at its top 10 topics for consideration of creating microcredentials. These are not the only areas to be ultimately considered from the more than 200 suggestions we received from certificants – only the top 10 at this point.
The top 10 are:
- Pandemic Preparedness (e.g. COVID-19, H1N1, etc.)
- Pandemic Response
- Biohazard/Infection Disease Expert
- Crisis Management
- Safety (AHA, JHA, PHA, Specialist; Safety Culture Development)
- Industrial Hygiene ( Silica, Mold, Lead, Asbestos, etc .)
- Hazardous Waste Expert
- Remediation (Superfund, specialty product, ESA I,II; Brownfield)
- Environmental law
As the Task Force begins the process of building the foundation of microcredentials involving pandemics IHMM has invited the National Institutes of Health [NIH] and the Centers for Disease Control and Prevention [CDC] to join as advisors of this project. Important to our success as an Institute and as a country is our ability to partner with the government, who in times of pandemic will rely on the professionals that we can create with them.
IHMM & AHMP Launch 45 in 5 – National Credential Recognition – 21 States Targeted
On January 25th, we began outlining the strategy to go after the 21 states in yellow, above.
This is just the beginning. Here is the present composition of the 45 In 5 Task Force and the states we are focusing on. More people may volunteer anytime! https://ihmm.org/45-in-5-task-force/
- The State of Colorado recognizes the CHMM as a Health & Safety Officer under Department of Transportation contracts, as well as for certifications under 40 CFR Part 261 Subparts C and D, and for compliance under CERCLA, Section 101 [14], as amended. Colorado is the 7th state government to have recognized the CHMM. This is a part of the IHMM-AHMP 45 in 5 Program to secure recognition by governments around the country.
- The State of Nebraska under 178 NAC Chapter 24 of the Department of Health and Human Services regulations recognizes the CHMM as eligible for remediation services. Thank you, Mary Duda.
- The State of California, Yuba Water Agency, PG&E Corp, Comcast, City of Elk Grove, Kaiser Permanente, thank you Cheryl Stith, who is working with Bart Miller on other agencies in California as well
- At our March meeting, we further discussed efforts underway in Washington state, Iowa, and also organizing filing an initiated federal rulemaking to amend 40 CFR § 310.12 /Definitions to include the CHMM.
- Robert Wilkinson is working in the State of Tennessee on credential recognition
- Ineke Abunwass is helping us in the State of Georgia with credential recognition
- Jerome Fields, Eric Johnson, and Tony Uliano are working in the State of Washington on credential recognition
- Bill Diesslin in the State of Iowa is working on credential recognition there under a groundwater program
In 2019 Mark Bruce from AHMP and Gene Guilford from IHMM worked on a project to get the Commonwealth of Pennsylvania to recognize the CHMM and CDGT credentials. With Mark’s work on the ground in Pennsylvania, we succeeded.
Since the launch, we have added Delaware, Florida, Texas, California, Washington, Georgia, Ohio, Tennessee, Alabama, Maryland, Virginia, Massachusetts, Missouri, Iowa, North Carolina, Colorado, Missouri, Kansas, Oklahoma, Nebraska, and New Mexico as the next states for us to work on with 42 volunteers.
Now Mark at AHMP and Gene at IHMM has launched 45 in 5, getting the other 45 states to recognize our credentials in 5 years. If we can find a volunteer like Mark in 45 other states we can work with those volunteers on crafting the right message to the right agencies in state governments across the country. If we find enough volunteers we can get this done in less than 5 years.
The Task Force meets again April 6th
IHMM Certificant Recognition
Last week IHMM completed inserting new credential badges in every certificant’s MYIHMM account. Everyone may access those badges for use in their email signatures, LinkedIn accounts, and other social media and communications media. With a link from your credential badge to the IHMM website [see above] you can not only stand out as an IHMM-certified professional, you can also promote IHMM credentials to others.
This week we thank our certificants again. Throughout our certificant’s MYIHMM accounts will be placed 10 Year, 20 Year, and 30 Year badges signifying their longevity as an IHMM certified professional.
IHMM NEWS RECENT UPDATES
Introduction of Freedom to Invest in Tomorrow’s Workforce Act
Final Rule: Independent Contractor Status under the Fair Labor Standards Act
Business Loan Program Temporary Changes; Paycheck Protection Program as Amended by American Rescue Plan Act
EPA Seeks Public Comment on Protecting Human Health and the Environment from PBT Chemicals
Guilty plea entered in storage of hazardous waste materials
California Takes Steps to Incorporate Environmental Justice into Permitting Decisions
A seat at the table – The COVID-19 pandemic has shown C-suite leaders the value of safety professionals
Pandemic-prompted shutdowns have forced a pivot in the way construction safety training is delivered
Particulate protection half mask
Reusable roof anchor
Opioid Overdoses and Naloxone: NIOSH Releases Video for Employers
Could a Workplace Infectious Disease Standard Be on the Horizon?
DOT to Exercise Enforcement Discretion Regarding Noncompliance with Certain Hazmat Training Requirements
EPA Advances Efforts to Address PFAS in Industrial Discharges
Navis Updates MACS3 to Address Growing Safety Concerns Related to Transportation of Dangerous Goods
EU considers plan to tightly regulate 1,4-dioxane
IAEA announces new Collaborating Centre for radioactive waste management
HazMat Legislative and Regulatory Activities in Canada
IHMM is a member of the National Safety Council and is pleased to bring this important information to all of its certificants.
New Ways of Working Safely
Situational Awareness
Commit to a Culture of Learning
FACE Report: Roofer Falls 30 Feet From Rain Slicked Roof
NSC Impact Tracks
The NSC Impact Tracks provide valuable educational opportunities for safety professionals looking to enhance their career, brush up on their skills and earn CEUs in the comfort of their home or office. This new virtual opportunity provides a day of topically focused education featuring five 60 minute technical sessions, lunch and stretch breaks, and an opening welcome from NSC President & CEO, Lorraine Martin. Each session will be taught by leading safety and subject experts in the field.
SAVE MY SPOT
NSC Webinars
Please join us in participating in Safe + Sound Week from August 9-15, 2021. Safe + Sound Week is a nationwide event held each August to show your business’s commitment to keep workers safe year-round. Safe + Sound Week is also a time when information and ideas are shared to help get your safety and health program started or improve an existing program.
Download the Save the Date and share that you’ll be participating in Safe + Sound Week on social media using #SafeAndSoundAtAWork.
Registration opens in July and will be announced via IHMM Today and EHS Professional.
Spring Arrives with a Slate of Exciting
Virtual Events and Trainings
Bergeson & Campbell, P.C. (B&C®) is pleased to share information regarding a full slate of upcoming opportunities for chemical industry stakeholders to stay abreast of key regulatory developments both in the United States and internationally. We hope you will join B&C professionals, industry colleagues, and regulatory agency speakers for one or more of these events.
Product Stewardship and the Pandemic: Surviving and Thriving in Disruptive Times
March 31, 2021
1:30 p.m. – 3:00 p.m. EDT
Register here
The COVID-19 global pandemic has had far-reaching impacts on business operations. While we are all eager to put the pandemic behind us, other catastrophic events will inevitably occur. To strengthen organizational resilience going forward, we must examine lessons learned and position product stewardship as a key player in business continuity and crisis management.
This complimentary future-focused webinar will identify the broad range of complex, unresolved, and evolving issues product stewards have faced and continue to face because of the pandemic. Lynn L. Bergeson will moderate as Tina Armstrong, Ph.D., Principal Scientist and Vice President at the global consultancy firm Arcadis; Jon Hellerstein, CIH, CSP, a career environmental health professional; Louise Proud, leader of the Environment, Health, and Safety program for Pfizer Inc.; and Al Iannuzzi, Ph.D., Vice President, Sustainability, at The Estée Lauder Companies, present.
TSCA Tutor® On-Demand Virtual Training
Available 24/7/365
Enroll Online
B&C’s TSCA Tutor online e-training platform offers expert, efficient, essential TSCA training. Professionals seeking TSCA training can preview and enroll in on-demand classes to complete at their own pace and timing.
TSCA Tutor online training courses include:
• Video lessons.
• Detailed handout materials, including copies of all presentations and relevant course materials from EPA and other sources.
• Customizable, yet detailed and ready-to-use Standard Operating Procedures (SOP) for the regulatory topic covered in the session.
Interested professionals should visit www.TSCAtutor.com to view sample course segments and purchase modules. Volume discounts are available for companies wishing to purchase courses for multiple employees.
HMS and Earning Certification Maintenance Points [CMPs]
IHMM created HMS, in large measure, so that IHMM certificants could have one, central place within which to find professional development courses in which to earn certification maintenance points. HMS courses cover all of IHMM’s 8 credentials, not only one.
We’ve made it easy to find CMPs.
- Go to https://hazmatsociety.org/
- Go to the Education and Training tab
- Scroll down until you see these buttons…and click on the CMPs button
- The system will produce a listing of the programs on the platform that have already been reviewed and given CMP ratings. You can find the programs suitable for you.
For example, one of the programs is from Columbia Southern University, offered online, has 36 CMPs attached, and is FREE. This is only one example. There are hundreds of programs on HMS.
OSHA Program Aims to Protect High-Risk Workers From Coronavirus
Selecting and Inspecting Fall Protection Equipment: 5 Keys to Success
Safety News You Need: Construction Safety and Health
CDC Guidelines for Implementing a Workplace COVID-19 Vaccination Program
ASSP Webinars
April 15: ONLINE COURSE: Safety Management I
April 27: Live Virtual Classroom: Math Review for Certification Exams
April 28 – 30: Live Virtual Classroom: ASP Exam Prep
April 28 -30: Live Virtual Classroom: CSP Exam Prep
April 29 – May 27: ONLINE COURSE: Risk Assessment Course
IHMM is a member of ASSP and is pleased to provide this information to all of our certificants.
HMS UPDATES
HMS Donations
One of the most important projects of the Hazardous Materials Society is our Scholarship program.
HMS wants to make it as easy as possible for those who cannot always afford to participate in pursuing certification, or keeping up with professional development, or attending great conferences and receiving outstanding training. HMS does not solicit contributions from the general public. HMS does ask IHMM’s certificants and their companies and our education and training vendors to consider a contribution.
Here, through your generosity, you can make a difference in promoting the ability of those who can afford it least to become participants in our communities of practice.
It’s never too late to make a difference, so don’t let this opportunity to make a difference pass you by. Please consider a tax-deductible donation of $250, $500 or what you can to help build HMS’s effort to help others in our communities of practice.
HMS Education and Training
Hazardous Materials Society now has 14,918 education and training programs on its website https://hazmatsociety.org/education-training/ with more coming every week. Certificants will note that most of these programs carry a CMP value, making it easier to know in advance what to expect. The HMS Education and Training platform also provides a wide variety of courses for professional development across all of IHMM’s credentials – and more are being developed by the HMS Education and Training Committee.
This is the center of education and training for IHMM certificants and prospective certificants. Among these more than 15.000 programs are webinars delivered online and virtually all carry IHMM CMPs values with them for your annual / 5-year CMP planning. SEE: https://hazmatsociety.org/education-training/
HMS Affinity Programs – RCM&D Professional Liability Insurance
With more than 27,000 people – here is where HMS leverages our numbers for member’s benefit. There is strength and value in numbers and that translates into lower costs for you.
HMS is proud to have partnered with RCM&D to be able to offer an outstanding comprehensive professional liability insurance program to IHMM certificants. Here, you will find information about this important program offering Environmental Consultants and Engineers Professional Liability coverage. This coverage is intended to add protection for loss stemming from actual or alleged negligent acts, errors and omissions in performing professional services.
IHMM/HMS Coronavirus Resources
In February of 2020, the World Health Organization’s director-general has declared a public health emergency of international concern over the ongoing outbreak of respiratory illness caused by a novel coronavirus. On March 13, 2020 President Trump declared a national emergency for the United States. IHMM and HMS’ first concern is with the safety and health of all of us; our staff and families, colleagues, certificants and members. We will update this page regularly as credible, authoritative information is available.
INFORMATION FOR HEALTHCARE PROFESSIONALS, PUBLIC HEALTH PROFESSIONALS, AND LABORATORIES.
COVID-19 Data Tracker By State
COVID-19 Case Investigation and Contact Tracing in Non-Healthcare Workplaces
COVID-19 Weekly Review – March 26th
CDC Communications Toolkit
State Vaccination Distribution Plans
New! Vaccine Data Dashboard. We now have a specific dashboard dedicated to state vaccination plans, updated daily. For each state, you’ll find:
- Current distribution phase,
- Brief overview of state plan,
- Current and future eligible populations, and
- Links to state documentation.
HMS Jobs Board
We invite our participating companies to post their available employment opportunities here. There is no charge for this service. HMS staff reviews each proposed posting for clarity and completeness before posting to the public view and may remove a posting without notice.
Senior Environmental Scientist-ESC-Sacramento
PG&E, Sacramento, CA. Safety, Health, and Environment, Standards and Programs group is committed to full environmental compliance and establishing our position as an environmental leader to support the companies’ vision to become the leading utility in the United States. We are undertaking numerous initiatives to put our environmental values to work – while at the same time delighting our customers, energizing our employees and rewarding our shareholders.
Environmental Protection Specialist
University of Texas Medical Branch at Galveston University of Texas Medical Branch
Galveston, Texas U.S.
Dangerous Goods Expert
Member Benefits of Hazardous Materials Society
81% of IHMM certificants are aware of the Hazardous Materials Society, which we appreciate. IHMM established the Hazardous Materials Society in order to support and provide services to IHMM certificants.
Did You Know?
Your company’s membership dues for Associate Membership in the Hazardous Materials Society (HMS) are 100% tax-deductible and your participation directly supports scholarship and education/training opportunities for professionals working in hazmat and EHS. Joining as an Associate Member expresses your commitment and your company’s leadership in giving back to our professional community. Join today to claim your tax deduction for the 2020 tax year while expressing your company’s professional affiliation and accessing tools for your marketing and business development plans.
To learn more about what HMS is doing now and what they are planning for the future, please see the new Member Benefits page here.
Product Showcase
Self-Paced, Top-Rated Online Hazmat Training CHEMTREC, the world’s leader in hazmat emergency response, can help keep your company safe and compliant with our online hazmat training courses. Available training includes Hazmat General, Safety and Security Awareness, 49 CFR, IATA, Lithium Battery Shipping and more. Sign up today! |
A Collaborative Culture
There are 380 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. 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> https://community.ihmm.org/home
HSC can help you innovate! Hazmat Safety Consulting, LLC can help you navigate the complexities around applying for special permits and approvals. We have helped our clients acquire precedent-setting permits and help them manage their renewals. With our experience working at the UN, we can also help with Competent Authority and international approvals.
|
Retiring? IHMM Invites You to Become an Emeritus
You may have decided, after a long and successful career, to retire from active daily duty. Congratulations. That doesn’t mean you have to completely disengage from your profession. IHMM is pleased to offer Emeritus status to all certificants who will no longer be actively engaged in their communities of practice but who still want to stay in touch. Please let us know when you’re approaching that decision and we will assist you in the credential transition. Please contact Jim Drosdak at [email protected] and he’ll be happy to help you.
Columbia Southern University
The Hazardous Materials Society [HMS] is a partner of Columbia Southern University. Columbia Southern University is an online university based in Orange Beach, Alabama, that strives to change and improve lives through higher education by enabling students to maximize their professional and personal potential.
A subsidiary of Columbia Southern Education Group, CSU offers online degree programs at the associate, bachelor, master, doctorate or certificate levels in a multitude of areas such as occupational safety and health, fire administration, criminal justice, business administration, human resource management, health care administration and more. CSU also features undergraduate and graduate certificate programs to provide focused training in specialized areas for adult learners.
Click on the CSU graphic at left and learn more about the professional development and degree program opportunities at CSU.
IHMM CONFERENCES FOR 2021
IHMM will attend and support a number of conferences and trade shows throughout 2021, virtually as well as in-person as COVID issues allow. Below are the first few conferences we have coming up early in 2021.
COSTHA 2021 Annual Forum
April 2021
Greenville, South Carolina
This event is to be run entirely virtually.
IHMM GOVERNMENT AFFAIRS
Beltway Buzz – Ogletree & Deakins
Secretary of Labor Confirmed. On March 23, 2021, former Boston mayor Martin Walsh was sworn in as the 29th U.S. Senate-confirmed secretary of labor. Walsh’s nomination had been approved by the Senate just one day earlier on a bipartisan 68–29 vote, with 18 Republicans voting in favor of confirmation. Walsh, who has strong ties to the labor movement and the Boston community, will have some catching up to do upon entering the U.S. Department of Labor’s (DOL) Frances Perkins Building, as the DOL has not wasted any time in moving ahead with its new agenda. We have already seen efforts to roll back Trump-era regulations on independent contractor classification, joint employment, and tip pools (more on this below); to rescind certain opinion letters and the Payroll Audit Independent Determination (PAID) program, as well as the Industry-Recognized Apprenticeship Program; and to revoke other Trump administration initiatives. One item we have not yet seen from the DOL’s Occupational Safety and Health Administration (OSHA) is a COVID-19 emergency temporary standard. Of course, the Buzz will be monitoring how Walsh will influence the development of these and other DOL efforts in the future.
Democratic Legislators Seek to Undo EEOC Conciliation Rule. This week, Senator Patty Murray (D-WA), chair of the Senate Committee on Health, Education, Labor, and Pensions, and Representative Bobby Scott (D-VA), chair of the House Committee on Education and Labor, introduced a joint resolution under the Congressional Review Act (CRA) providing for congressional disapproval and rescission of the U.S. Equal Employment Opportunity Commission’s (EEOC) final conciliation rule. The rule, which became effective on February 16, 2021, makes the statutorily required conciliation process more transparent by, for example, requiring the EEOC to provide defendants with the factual and legal bases for the EEOC’s reasonable cause findings and demands for monetary relief. The CRA allows Congress to rescind certain “midnight regulations” promulgated by federal agencies, and it is not subject to the filibuster. If the resolution passes both the Senate and House and is signed by President Joe Biden, the EEOC will not be able to reissue the rule in “substantially the same form” in the future, unless authorized by Congress.
Antidiscrimination, Workplace Safety Bills on the Move. On March 24, 2021, the House Committee on Education and Labor advanced three bills that impact the workplace. These included the Pregnant Workers Fairness Act (H.R. 1065) and the Paycheck Fairness Act (H.R. 7), both of which we discussed last week, as well as the Workplace Violence Prevention for Health Care and Social Service Workers Act (H.R. 1195), which directs OSHA to develop a violence prevention standard for healthcare and social assistance workplaces. The next stop for the bills will be the floor of the U.S. House of Representatives, and if history is a guide, they are likely to pass: all three bills passed the House with bipartisan support in the previous Congress. The Pregnant Workers Fairness Act garnered 103 Republican votes, the Paycheck Fairness Act passed with 7 Republican votes, and the workplace violence prevention bill passed with 32 Republican votes.
Tip Proposals. On March 25, 2021, the DOL’s Wage and Hour Division issued two proposals to address the Trump-era “Tip Regulations Under the Fair Labor Standards Act” final rule, which dealt with tipped employees and was finalized on December 30, 2020. The Biden administration had already postponed the effective date of the rule from March 1, 2021, to April 30, 2021.
- The first proposal would further extend until December 31, 2021, the effective date of the portions of the 2020 tip final rule that deal with civil money penalties and employees who perform tipped and non-tipped work. The proposed extension of the effective date is, in part, to allow the DOL to address the substantive issues contained in the second notice of proposed rulemaking (discussed below). Comments are due on or before April 14, 2021.
- The second notice of proposed rulemaking proposes to “withdraw and repropose” provisions of the 2020 tip final rule concerning civil money penalties. The proposal also seeks comment on whether to revise portions of the 2020 tip rule relating to “managers or supervisors,” as well as recordkeeping requirements. Comments are due on or before May 24, 2021.
Other provisions of the 2020 tip final rule, such as those addressing tip pooling, recordkeeping related to tipped workers, and other matters, will become effective on April 30, 2021.
OFCCP Proposes to Nix Religious Exemption. On March 23, 2021, the Office of Federal Contract Compliance (OFCCP) programs sent to the Office of Information and Regulatory Affairs a proposal entitled “Rescission of Certain Provisions Related to the Religious Exemption for Federal Contractors and Subcontractors.” As its title indicates, the proposed rule would rescind the rule that was finalized on December 9, 2020, and intended to provide protections for religious organizations to “hire employees who will further their religious missions, thereby providing clarity that may expand the eligible pool of federal contractors and subcontractors.”
Congress Extends PPP for Small Employers. On March 25, 2021, Congress approved a bill (H.R. 1799) to extend the Paycheck Protection Program (PPP) through May 31, 2021. (Additionally, the bill permits the Small Business Administration an extra month to process applications submitted prior to the May 31, 2021, deadline.) Although the American Rescue Plan Act had provided an additional $7.25 billion in funding to the program, it neglected to extend its expiration date beyond March 31, 2021. President Biden is expected to sign the legislation.
CHEMTREC’s Online Hazmat Training Meets U.S. DOT Training Requirements!
CHEMTREC, the world’s leader in hazmat emergency response, can help keep your company safe and compliant with its self-paced online hazmat training courses. Available training includes 49 CFR, Hazmat General, Safety and Security Awareness, IATA, and Lithium Battery Shipping. Sign up today!
IHMM EVENTS CALENDAR
IHMM NOW HAS A COMPANION ORGANIZATION FOR WHICH EDUCATION AND TRAINING PROGRAMS ARE PRESENTED AND DELIVERED. THE CALENDAR IN THIS SPACE FROM THE IHMM WEBSITE IS BEING REPLACED BY THE HAZARDOUS MATERIALS SOCIETY WEBSITE AND THE EDUCATION AND TRAINING SECTION FOUND HERE: https://hazmatsociety.org/education-training/
9210 Corporate Boulevard, Suite 470, Rockville, Maryland, 20850
www.ihmm.org | [email protected]
Phone: 301-984-8969 Fax:301-984-1516