EHS Professional – August 4, 2022

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.

Beltway Buzz – Ogletree & Deakins

Report on EEO-1 Data Confirms Flaws Yet Recommends Expansion. On July 28, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a report by the National Academies of Sciences, Engineering, and Medicine titled Evaluation of Compensation Data Collected Through the EEO-1 Form. The 277-page report provides an analysis of the quality of EEO-1 Component 2 wage and hours-worked data that the EEOC collected for reporting years 2017 and 2018 while providing recommendations for potential data collections going forward. The report “concludes that the data as collected have value, but it recommends the value be strengthened by both short-term and longer-term improvements in respondent coverage, data collection protocols, measurement implementation, and conceptual coverage.”

According to EEOC Chair Charlotte Burrows, the report “confirms that federal pay data collection could be a unique and critically important resource for helping the Commission better identify and combat pay discrimination.” Yet the report confirms many of the flaws that the employer community warned about in 2016, including but not limited to the following:

• “The 10 job categories used in the 2017–2018 Component 2 data collection are outdated and encompass a wide range of job responsibilities and pay rates.”
• “Component 2 data collection does not include measures of legitimate causes of pay differences, such as educational attainment and tenure.”
• “The Component 2 instrument does not provide a way to separate full-time, part-time, and part-year employees when comparing annual wages, which affects the calculation of hourly rates.”
• “Without extensive cleaning, 2017–2018 Component 2 hours-worked data are unsuitable for calculating hourly wages.”
• “The 2017–2018 Component 2 data are unsuitable for direct determinations of bias or reasonable cause for enforcement purposes”

Despite identifying these defects, the report makes several recommendations that would effectively have the EEOC double down on its wage data collection efforts by expanding Component 2 collection and analysis:

• “If EEOC continues to collect pay data in bands, narrower pay bands should be adopted, and the number of bands should be expanded for top earners to better capture variation in pay.”
• “EEOC’s current approach for aggregate pay and hours-worked data severely limits the utility of the data collected, unnecessarily increases employer burden, and complicates the collection of additional key information. Collecting data from employers at the level of individual workers may be less burdensome than the current approach and would markedly increase the utility of pay data.” (Italics added.)
• “EEOC should develop, test, and (if found acceptable) implement modifications to the Component 2 instrument to collect individual-level employee pay data, which reflects employers’ current reporting practice to state and federal agencies.”
• “EEOC should explore the measurement of pay gaps for additional groups protected under its authority or policy equities, including persons age 40 and older, persons with disabilities, and veterans.” (Italics added.)
• “EEOC should work with employer groups and federal data collection agencies to explore ways to collect individual-level data, such as education, job experience, and tenure, which will support detailed pay-disparity analyses and employer self-assessments.”

Importantly, the report recommends that the EEOC “conduct a field test to investigate issues of burden, data availability, and questionnaire design,” should the agency embark on a wage-reporting scheme in the future. The current EEO-1 form, which does not contain Component 2 reporting requirements, is set to expire on June 30, 2023.

Biden Nominates Acting Wage and Hour Head for Permanent Position. On July 27, 2022, President Biden nominated Jessica Looman to be administrator of the U.S. Department of Labor’s Wage and Hour Division (WHD). Looman has served in the same position in an acting capacity since June 2021. Buzz readers may recall that President Biden’s first choice for the position, David Weil, had his nomination voted down by the U.S. Senate on March 30, 2022. Theoretically, Looman has the votes to be confirmed—something that the administration likely hopes will happen sooner rather than later, in the event that Republicans flip the Senate in 2023. Looman’s nomination is not expected to change the current trajectory of the WHD’s rulemaking agenda, which includes potential changes to the Fair Labor Standards Act (FLSA) independent contractor test and changes to the overtime regulations.

NLRB Partners With DOJ. One week after announcing a new memorandum of understanding with the Federal Trade Commission, on July 26, 2022 the National Labor Relations Board (NLRB) announced that it had signed a memorandum of understanding (MOU), with the U.S. Department of Justice’s (DOJ) Antitrust Division. According to the NLRB’s announcement of the agreement,

[t]he Agencies’ collaboration will focus on protecting workers who have been harmed or may be at risk of being harmed as a result of conduct designed to evade legal obligation and accountability (such as misclassifying employees or fissuring workplaces); interference with the rights of workers to obtain fair market compensation and collectively bargain (through labor market concentration/labor monopsony or other anticompetitive practices); and the imposition of restrictive agreements or workplace rules, such as noncompete, nonsolicitation, and nondisclosure provisions.

Of course, the Buzz will be watching to see how the MOU plays out in the real world.

House Panel Advances OSHA Heat Standard Bill. On July 27, 2022, the U.S. House Committee on Education and Labor voted to advance the Asunción Valdivia Heat Illness and Fatality Prevention Act of 2022 (H.R. 2193). The bill would require the Occupational Safety and Health Administration (OSHA) to finalize an interim heat stress standard within one year of enactment, despite the fact that Assistant Secretary of Labor for Occupational Safety and Health Doug Parker recently told the U.S. Congress that it would be “challenging” for the agency to develop a heat standard by 2024. The bill would also extend the statute of limitations for OSHA to issue a citation for a violation of the new standard from six months to four years. Finally, the bill would create a private right of action for heat-related whistleblower complaints and require the Occupational Safety and Health Review Commission to “grant substantial deference to any reasonable interpretation by the Secretary of [the] Act or any standard, regulation, or order pursuant to [the] Act.”

Bipartisan Group Introduces “Gig” Worker Bill. Late last week, Representatives Henry Cuellar (D-TX), Elise Stefanik (R-NY), and Michelle Steel (R-CA) introduced the Worker Flexibility and Choice Act (H.R. 8442). The bill is an attempt to address the “independent contractor or employee” debate by allowing workers to choose a third option that would provide them with both workplace flexibility as well as certain workplace protections. Pursuant to the legislation, a worker who entered into a “worker flexibility agreement” would enjoy certain workplace protections (such as leave under the Family and Medical Leave Act and protection from workplace harassment and discrimination in accordance with applicable laws) while retaining the ability to accept or reject offers for work opportunities from multiple entities.

House Passes ‘Minibus’ Spending Package

The House last Wednesday passed a package that contains six Fiscal Year 2023 spending bills for various government agencies, but with Senate appropriations largely stalled, it’s likely a continuing resolution will be needed to fund the government past Sept. 30.The House voted 220-207 to pass the package that includes funding for the departments of House and Urban Development (HUD), Transportation, Agriculture, Energy and Veterans Affairs and the Food and Drug Administration. House Appropriations Committee Chair Rosa DeLauro (D-CT) said the spending package is aimed at “lowering the cost of living, creating American jobs, lifting up working families and supporting small businesses. ”The House still has six remaining spending bills it hopes to clear before the end of the month. The appropriations process is still bogged down in the Senate, where lawmakers have yet to roll out any text for any of their dozen annual spending bills. Top Senate negotiators have been deadlocked on top spending levels for defense and domestic spending bills for months, raising the likelihood of another continuing resolution.

HMS Makes Finding Courses to Earn CMPs Easy

Every year more than 1,600 IHMM certificants have to recertify their credentials, evidenced their continuing commitment to improvement and learning to elevate their professional credential.

Earning Certification Maintenance Points [CMPs] is illustrated under Recertification of Your Credential, that includes the Recertification Claims Manual – Appendix A, that details all of the ways a certificant may earn CMPs > https://ihmm.org/recertification-claims/

Having mastered that manual, how does an IHMM certificant find courses to earn CMPs?

HMS has made that simple and easy.

1. Go to https://hazmatsociety.org/education-training/
2. Scroll down until you see a row of buttons…click on the CMPs button

The system will then generate all of the courses on the HMS E&T platform with IHMM CMPs already attached.

The next developments by the HMS E&T committee will refine available courses’ CMPs by individual credential!

Linking IHMM and HMS Exam Training

Every IHMM credential page has a section providing guidance on Exam Preparation.

In each credential’s Exam Preparation section is the graphic at left, linked to the section of the Hazardous Materials Society [HMS] website where the applicant can find the exam prep courses being offered to assist the applicant with preparing for the IHMM exam.

If you are a vendor offering exam prep courses and your prep course is on the HMS site, IHMM applicants will find it. If you do not have an exam prep course on the HMS site, no applicant will find it.

Click on the graphic at the left, from the CHMM Exam Preparation page, and see where it takes you. Is your prep course there?

Make your IHMM credential exam prep courses visible to IHMM applicants by contacting Gene Guilford at [email protected]

Easily Find Courses to Help You Pass IHMM Credential Exams

CDGP Prep Course

1. CE-1112: CDGP Exam Prep – Columbia Southern University – Available On Demand

CHMM Prep Courses

1. August 1 – Sept 26, 2022 – CHMM Prep Course – Bowen

2. September 14-15, 2022 – CHMM Prep Course – PTP Consulting

3. October 18-20, 2022 – CHMM Prep Course – ASHMM

CSHM Prep Courses

1. Certified Safety and Health Manager (CSHM®) Exam Preparation Course – VUBIZ – Available on Demand

Member Benefits of Hazardous Materials Society

99% 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.

Applications for the 2022 HMS Scholarship Awards Now Open

The HMS scholarship award is given annually to undergraduate and graduate students whose academic program and research studies have the potential to address the most serious issues in handling hazardous materials, dangerous goods, environmental issues, health & safety challenges. Applicants must be U.S. citizens or permanent residents enrolled in accredited U.S. academic institutions.

DEADLINE TO SUBMIT SCHOLARSHIP AWARD APPLICATIONS IS December 1, 2022. All submissions and associated materials must be submitted using the online form.

Scholarship Winners Will Be Announced at the HMS Annual Meeting.

For More Information, Visit > https://hazmatsociety.org/scholarship/

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.

• IHMM/HMS Coronavirus Resources Website
• COVID-19 Data Tracker By State
• COVID-19 Case Investigation and Contact Tracing in Non-Healthcare Workplaces
• COVID-19 Weekly Review – August 26, 2022
• CDC Communications Toolkit

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 Margaret Toscano at [email protected] and she’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 2022

IHMM will attend and support a number of conferences and trade shows throughout 2022, virtually as well as in-person as COVID issues allow. Below are some of the conferences IHMM will support in 2022.

Are there conferences you believe IHMM should attend that do not appear here? If so, let us know! Send an email to Katie Young Eagle and tell us what conferences we should attend.

2022 FET Environmental Conference

October 25-27, 2022
Pewaukee, WI

IHMM-HMS EVENTS CALENDAR

AFFILIATIONS