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Tuesday, June 8, 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.
IHMM Credential Recognition
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. Simply right-click on the badge of choice, then save as to your computer, and then load it to wherever you want to use it and please link that back to https://ihmm.org/.
IHMM Certificant Recognition
IHMM has 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. Right-click on the badge of choice, save as to your computer, then load it to whatever medium you choose.
Throughout our certificant’s MYIHMM accounts are also now placed 10 Year, 20 Year, and 30 Year badges signifying their longevity as an IHMM certified professional.
IHMM has also added Distinguished Diplomates and Fellows of the Institute badges to the appropriate people in the MYIHMM database. These two badges will be accompanied by new lapel pins to be sent to each of those distinguished by holding these designations.
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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.
Ask Me Anything In Collaboration Scheduled
Thursday, July 15, 2021, from 2:00 pm EDT until 3:00 pm EDT. Mark your calendars! Patricia Buley, Jimmy Nguyen, and Kortney Tunstall will be live in the General Information for All HMS & IHMM Community in Collaboration.
Whatever is on your mind, during this time period or whenever you wish, pose your question and we’ll be there to answer it.
Join us for ASK ME ANYTHING!
IHMM Board Nominations for 2021 Open
IHMM Board Nominations for 2021 OpenThis newsletter opens the 2021 Board Nominations season. In 2021 we have one position open, the CHMP representative, open for a four-year term beginning on January 1, 2022.
This process is guided by the IHMM Nominating Committee, chaired by Nathan Phelan > https://ihmm.org/nominating-committee/ We appreciate our Nominating Committee volunteers’ work working through the following documents and reviews before coming to a proposed slate of nominees.
- 2021 IHMM Nominations and Elections Process
- 2021 IHMM Call for Nominations
- 2021 IHMM Fillable Nominations Form
This announcement is the Call for Nominations. ONLY CHMPs may participate in this year’s process as the position is for a CHMP representative on the Board. IHMM will hold this phase of the process open through June 30, 2021, when it will then close to further nominations.
The Nominating Committee will review nomination documents, interview nominees, perform a series of background checks, and then deliberate on a proposed slate of nominees through August 13, 2021. After August 31, 2021, the proposed slate will go to the IHMM Board for review at its September meeting.
The CHMP representative’s elections will begin on October 1, 2021, and run through October 29, 2021. The winning nominee will be announced during the week of November 5, 2021, for a term to commence on January 1, 2022.
To nominate a CHMP for this position, use only the
Thank you.
CALL TO ACTION – H.R. 2171, “Freedom To Invest in Tomorrow’s Workforce Act.” Representative Spanberger of Virginia’s 7th Congressional District has drafted legislation that expands the provisions of existing law with respect to the allowable uses of Section 529 education tuition accounts.
PLEASE GO HERE TO PARTICIPATE: https://ihmm.org/45-in-5-task-force/
All you have to do is enter your name, address, and zip code and the IHMM VoterVoice system does the rest and automatically sends our message to your Senators and members of the House of Representatives. It’s very easy and matters!
A 529 plan is a tax-advantaged savings plan designed to encourage saving for future education costs. 529 plans, legally known as “qualified tuition plans,” are sponsored by states, state agencies, or educational institutions and are authorized by Section 529 of the Internal Revenue Code. Under H.R. 2171 those pursuing or who already have private credentials may use their Section 529 savings for applications, examinations, professional development/certification maintenance points /costs recertification, and so on.
The “Freedom To Invest in Tomorrow’s Workforce Act” will enable those who seek professional, post-secondary credentials from institutions recognized by the Internal Revenue Service. A copy of the draft legislation is here.
Spanberger co-led the introduction of the legislation alongside U.S. Representatives Fred Upton (R-MI-06), Dean Phillips (D-MN-03), and Rob Wittman (R-VA-01). A companion bill in the U.S. Senate is led by U.S. Senators Amy Klobuchar (D-MN) and Mike Braun (R-IN).
CHMM Exam-Prep Domain #9 Remediation Training YouTube Video!
“ISCO Remediation Technology Selection & Loading (6 minutes long) https://lnkd.in/dDFEXnv
One of the ways to start preparing for the rigorous & comprehensive CHMM exam is to review the new CHMM Examination Specifications (blueprint) to see where you have education and experience gaps. The Specification Blueprint lists 12 specific domains and 87 competencies/tasks that will be covered on the examination.
To help CHMM Candidates prepare for the exam, Terra Systems and the Remediation Partners Consortium are developing a new series of training videos focused on Domain #9 “Remediation” and its 7 competency/tasks.
In-situ chemical oxidation involves the introduction of a chemical oxidant into the subsurface for the purpose of transforming groundwater or soil contaminants into less harmful chemical species.
Terra Systems has developed a new “InSitu ChemOX Persulfate Activation Method” using ferrous sulfide (TSI-FSA™) that provides a much safer work environment for the project site and injection crew, minimizes damage to injection tooling while achieving successful treatment and significant project cost savings.
The Environmental Transformation Podcast
The Environmental Transformation Podcast with Sean Grady will bring you interviews with leaders in the Environmental Industry with the goal of providing Environmental, Sustainability and Safety Professionals, as well as and Business leaders with information about industry trends, regulatory changes, digital and software technologies, and service providers that are transforming the industry.
About Sean Grady
Our host is Sean Grady who has over 25 years of experience in the environmental field. He is a Market Leader, Entrepreneur, Software Innovator, Business Development Executive, Certified Hazardous Materials Manager, and Mentor. He is passionate about helping clients transform their businesses and solving their environmental challenges, and shining a light on individuals who are making a difference through the products and services they offer.
National Advisory Committee on Occupational Safety and Health (NACOSH) Meeting Announcement
National Advisory Committee on Occupational Safety and Health (NACOSH) Meeting AnnouncementOSHA and The National Advisory Committee on Occupational Safety and Health (NACOSH) will meet on Tuesday, June 22, 2021, from 1:00 p.m. to 5:00 p.m., ET, by teleconference and WebEx. Comments and requests to speak must be submitted by June 14, 2021.
Federal Register notice > https://www.federalregister.gov/documents/2021/06/04/2021-11550/national-advisory-committee-on-occupational-safety-and-health-nacosh-notice-of-meeting
Trenching and Excavation Resources
June 2021 is the National Utility Contractors Association’s (NUCA’s) second annual Trench Safety Month, and June 14-18 will be Trench Safety Stand-Down Week (poster available here). During that week, NUCA and United Rentals will be providing guided toolbox talks and conducting webinars on Monday, Wednesday, Thursday, and Friday. We
binar registration is available at https://www.trenchsafetyevents.com/. Webinar descriptions and registration links have also been provided below for your convenience.
As a reminder, OSHA resources (including posters, QuickCards, and a video) are available from the Trenching and Excavation Safety and Health Topics page.
Noise and Hearing Loss Prevention – NIOSH Sound Level Meter App
Noise and Hearing Loss Prevention – NIOSH Sound Level Meter AppThe NIOSH Sound Level Meter (SLM) app combines the best features of professional sound levels meters and noise dosimeters into a simple, easy-to-use package. The app was developed to help workers make informed decisions about their noise environment and promote better hearing health and prevention efforts.
Read more > https://www.cdc.gov/niosh/topics/noise/app.html
During Hurricane Season, NFPA Natural Disaster Electrical Equipment Checklist Helps Electricians Assess Whether to Repair or Replace Electrical Systems Damaged in a Storm
June marks the start of hurricane season bringing with it strong and damaging storms that will impact many parts of the U.S. As such, building owners and managers of industrial and commercial facilities in these areas could find themselves working through the daunting process of disaster recovery once the initial danger has passed. When electrical systems are damaged in a natural or man-made disaster, electricians need to make a critical decision about whether the electrical equipment that was damaged can be salvaged or not. NFPA has created a checklist for electricians to help highlight and simplify key aspects of this decision-making process.
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IHMM & AHMP 45 in 5 Project – National Credential Recognition – 21 States Targeted
On January 25th, we began outlining the strategy to go after the 21 states in yellow, above. Since then we have succeeded in adding Nebraska, Colorado, and California.
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/
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, New Mexico, and Puerto Rico as the next places for us to work on with 44 volunteers.
The Task Force meets again in June.
IHMM NEWS RECENT UPDATES
Virtual Public Listening Sessions on the Risk Management Program Rule
Hope Fading for Bipartisan Infrastructure Deal
Notice of Intention To Reconsider and Revise the Clean Water Act Section 401 Certification Rule
Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information; Implementation of Vacatur
President Biden proposes higher EPA funding, including $10M in recycling grants
U.S. Supreme Court Clarifies Predicates to CERCLA Contribution Actions
Big Changes for New Jersey Employers: COVID-19 Policy Developments and Alignment with New York Guidelines
Staying Safe: Battling Distractions, Peer Pressure and Complacency
How to Respond to an OSHA Press Release
Occupational Health Experts Offer Guidelines to Prevent Workplace Illness and Injury
House committee seeks information on Chemical Safety Board management challenges
Standards Board Readopts Revised Cal/OSHA COVID-19 Prevention Emergency Temporary Standards
Oregon OSHA plans to repeal much of COVID-19 workplace rule, at 70 percent vaccination goal
Pearl lesson: Safe transport of dangerous goods essential
Established Dangerous Goods Platform Now Available for Sea, Road and Rail
EPA cites Alliant Techsystems Operations for alleged hazardous waste violations
Early warning system for COVID-19 gets faster through wastewater detection and tracing
Significant New Use Rules on Certain Chemical Substances (20-7.B)
PHMSA Advisory Bulletin: Pipeline Industry Must Take Actions to Address Methane Leaks from Pipelines and Pipeline Facilities
Hazardous Waste Management System; Proposed Exclusion for Identifying and Listing Hazardous Waste
Hazardous Materials: Notice of Actions on Special Permits
OSHA in line for funding increase, more inspectors in Biden’s first budget request
Where Do IHMM’s CDGPs Work?
Where Do IHMM’s CDGPs Work?All over the world, and here are a few examples…
IHMM is a member of the National Safety Council and is pleased to bring this important information to all of its certificants
Join NSC and our sponsor VelocityEHS – Award-winning EHS & Sustainability Software – for the 25th anniversary of National Safety Month, an annual observance to help keep each other safe from the workplace to anyplace.
With the U.S. seeing the highest number of workplace deaths since 2007 – 5,333 fatal workplace injuries in 2019 – this observance is more important than ever.
Week 1 – Prevent Incidents Before They Start
Week 2 – Address Ongoing COVID-19 Safety Concerns
Week 3 – It’s Vital to Feel Safe on the Job
Week 4 – Advance Your Safety Journey
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
June 8: How to Create an Engaging Hybrid Training Environment
June 10: What is ISO 45001? And What Impact Will It Have on Your Business?
June 17: Could You Do More to Reduce Your Manufacturing Workplace Safety Risks?
June 17: Oil & Gas: Using Data to Understand and Address Safety and Health Issues
June 23: Why category management and data analytics are essential in the fight against supply chain waste
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.
A Safety and Health Pledge for Managers
| When management leadership is sincere and is supported by actions, workers know that safety and health are important to business success. A safety pledge is one way to demonstrate your commitment to workplace safety and health. Create your own safety pledge using A Safety and Health Pledge for Managers template, then share it with your workers and on social media using #SafeAndSoundAtAWork. |
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.
TSCA at Five Virtual Conference – June 30, 2021
This June marks the fifth anniversary of the enactment of the game-changing Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) that amended the Toxic Substances Control Act (TSCA). With a new Administration and the relentless pace of regulatory developments related to Lautenberg implementation, there are many issues to consider and problems to solve.
The Environmental Law Institute (ELI), the George Washington University Milken Institute School of Public Health, and Bergeson & Campbell, P.C. (B&C®) are pleased to announce the fifth annual conference providing updates and insights regarding the current state of TSCA implementation, ongoing and emerging issues, and related developments. Topics will include how EPA is implementing Section 6 risk evaluation provisions, changes in new chemical review, existing chemical risk management provisions, and TSCA’s role in achieving environmental justice, among other topics.
As with our previous TSCA anniversary events, a stellar faculty of speakers from government, non-governmental organizations, industry, and academia will convene to inform, analyze, discuss, and debate the most pressing issues related to TSCA with regulatory practitioners and other stakeholder attendees.
Detailed program and registration information to come. SAVE THE DATE!
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.
Safety News You Need: OSHA Outlook
Evolving Our Profession
ISO 45001 – This game-changing standard provides a global foundation for worker safety.
ASSP Webinars
ASSP/A10 Guidance Document for Construction and Demolition Operations
This communique is on behalf of the American Society of Safety Professionals (ASSP), as Secretariat, for the ANSI/ASSP A10 Committee for Construction and Demolition Operations. ASSP takes great pleasure in presenting you with a PDF copy of our updated document “ASSP A10.0-2021: The Construction and Demolition Operations Compendium of Standards.”
Reminder: A10.0 is not a standard or technical report. It is a guidance document used by OSH Professionals to identify the applicable ANSI/ASSP A10 Standards addressing hazards and exposures in construction and demolition operations.
Scope: The A10 Construction and Demolition Compendium of Standards is a set of standards that covers a series of American National Standards addressing the protection of workers on construction and demolition sites. This guidance document identifies those specific standards and establishes their role in the Compendium and their interdependence.
IHMM is a member of ASSP and is pleased to provide this information to all of our certificants.
HMS UPDATES
HMS Donations
HMS 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 11,585 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 – Professional Liability Insurance
Reaching more than 127,000 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
IHMM/HMS Coronavirus ResourcesIn 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 – June 4, 2021
CDC Communications Toolkit
Are adverse reactions to the COVID-19 vaccine recordable on the OSHA recordkeeping log?
In general, an adverse reaction to the COVID-19 vaccine is recordable if the reaction is: (1) work-related, (2) a new case, and (3) meets one or more of the general recording criteria in 29 CFR 1904.7 (e.g., days away from work, restricted work or transfer to another job, medical treatment beyond first aid).
If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7.
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.
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.
A Collaborative Culture
There are 421 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
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.
AHMP 2021 National Conference
July 25-28, 2021
Sheraton Kansas City at Crown Center
Kansas City, Missouri
College & University Hazardous Materials Management Conference
August 7-12, 2021
Denver, Colorado
This conference is currently planned as being entirely virtual.
ASSP Safety21 Conference & Expo
September 13-15, 2021
Austin, Texas
This is a hybrid conference of both virtual and in-person events
Global Enviro Summit
September 14-17, 2021
Charlotte, North Carolina
EnviroSummit is a global conference with international presentations in the morning on the main stage, and breakout sessions for Remediation, Vapor Intrusion, Air Quality and Wastewater in the afternoon.
The Environmental Workshops, LLC is the manager of the 2021 Global EnviroSummit. Since 2013, the EnviroWorkshops has hosted close to 400 workshops on 6 continents, in 20 countries, and in over 100 cities worldwide. Over 20,000 environmental professionals have registered around the globe and they continue to expand into new countries every year.
Annual Conference of the Federation of Environmental Technologists
December 7-9, 2021
Ingleside Hotel, Pewaukee, Wisconsin
Due to schedule challenges at the hotel and safety concerns of COVID during 2021, the FET Board has made the decision to host the in-person conference in December this year. We intend to move the Environment 2022 Conference back to October.
IHMM GOVERNMENT AFFAIRS
Beltway Buzz – Ogletree & Deakins
Workforce Update. The U.S. Department of Labor’s (DOL) Bureau of Labor Statistics released its May 2021 jobs report on June 4, 2021. According to the report, American employers added 559,000 jobs in the previous month. The number is an improvement over April’s lackluster report, but still short of what economists and employers had hoped for. Of course, politicians and policymakers on both sides of the aisle will claim that the report demonstrates why their particular policy preferences should be implemented. Political bluster aside, there is still concern within the employer community that too many jobs are going unfilled. Accordingly, on June 1, 2021, the U.S. Chamber of Commerce launched its America Works program “to swiftly address America’s deepening worker shortage crisis.” The America Works agenda calls for increased investment in training and education, reduced barriers to employment (through expanded access to childcare, policies that increase “second chance” hiring, and occupational licensing reform), and immigration reform (including doubling the annual quota on the issuance of H-1B and H-2B visas).
Déjà Vu All Over Again. President Joe Biden will nominate David Weil to reprise his role as administrator of the DOL’s Wage and Hour Division. Weil served in that position from 2014 through 2017, during which time he spearheaded the DOL’s 2016 changes to its overtime regulations (which were struck down in federal court). Weil is also known for his “fissured workplace” theory, which posits that nearly all workers are employees, and which informed his issuance of “Administrator’s Interpretations” on the legal tests for joint-employer and independent contractor status.
President Biden Proposes His First Budget. Though a bit late, President Biden released his budget for the 2022 fiscal year (FY) on May 28, 2021—his first budget request as president. The budget, which is largely aspirational, as federal funding allocations rest squarely with Congress, provides insight into the administration’s policy preferences. For example:
- Overall, the budget request seeks $14.2 billion for the DOL. The request represents an almost 7 percent increase over the FY 2021 enacted amount.
- More specifically, the DOL budget request calls for $30.5 million for the Wage and Hour Division “to restore enforcement staff, thereby strengthening enforcement strategies serving communities most vulnerable to economic exploitation,” and to “expand enforcement efforts in industries where evidence suggests workers are at risk of misclassification as independent contractors.”
- The Occupational Safety and Health Administration (OSHA) would receive $73 million more than was enacted in 2021. Nearly $20 million would be dedicated to “rebuild[ing] and strengthen[ing] OSHA’s enforcement program.”
- The National Labor Relations Board would receive nearly $302 million, a more than 10 percent increase over the 2021 enacted amount.
- The S. Equal Employment Opportunity Commission would receive $446 million, a more than 10 percent increase over the 2021 enacted amount.
The Buzz will have more on the federal budget and appropriations process as we head through the summer and approach the end of the current fiscal year on September 30, 2021.
OSHA ETS Still in Limbo. Another week has passed, and OSHA’s COVID-19 emergency temporary standard (ETS) is still under review by the Office of Information and Regulatory Affairs (OIRA). Two more stakeholder meetings have been calendared for next week, including a meeting scheduled for June 9, 2021. After that meeting, 45 days will have passed since the DOL sent the draft ETS to OIRA on April 26, 2021, and OIRA will have held 50 different stakeholder meetings.
Where EAGLEs Dare. On June 2, 2021, U.S. representatives Zoe Lofgren (D-CA) and John Curtis (R-UT) introduced the Equal Access to Green cards for Legal Employment (EAGLE) Act of 2021 (H.R. 3648). The bill would gradually phase out the 7 percent per-country cap for employment-based visas and raise from 7 percent to 15 percent the per-country cap on family-based visas. It also would make changes to the H-1B visa program, such as
- requiring employers to provide to the DOL documentation of the prevailing wage methodology used for a potential H-1B employee;
- requiring new employer attestations as part of the labor condition application (LCA);
- eliminating the “B-1 in lieu of H” policy that allows B-1 business visitors to perform short-term H-1B work or services pursuant to an H-3 trainee visa in the United States for a limited time while remaining employed abroad; and
- allowing for increased audits, investigations, and penalties associated with LCAs.
The bill is a revamped Fairness for High-Skilled Immigrants Act of 2020, different versions of which passed the U.S. Senate and U.S. House of Representatives during the 116th Congress, which adjourned before differences between the bills could be reconciled.
State Department Expands National Interest Exception Criteria. In other immigration-related news, late last week, the U.S. Department of State broadened its eligibility criteria for business travelers seeking national interest exceptions from restrictions contained in COVID-19–related travel bans. Pursuant to the new determination, travelers coming from Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom “who are seeking to provide vital support or executive direction for critical infrastructure” or “those traveling to provide vital support or executive direction for significant economic activity in the United States” may qualify for a national interest exception.
Vendor Alert: How much of this business did you get?
IHMM saw an increase in applications of more than 50% in 2020, and for the first 1/3rd of 2021 now has 393 people waiting to take exams. How much of this business did your company see? If you’re missing out contact Diane McLevy at [email protected] and see how you can benefit from a relationship with IHMM and HMS.
IHMM EVENTS CALENDAR
IHMM HAS A COMPANION ORGANIZATION FOR WHICH EDUCATION AND TRAINING PROGRAMS ARE PRESENTED AND DELIVERED. THE CALENDAR IN THIS SPACE IS FROM 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