EHS Professional – February 23, 2023

Thursday, February 23, 2023

EHS Professional is an online publication of the Institute of Hazardous Materials Management (IHMM)

Other than content specifically provided by IHMM, articles contained in EHS Professional
are compiled from independent sources and do not necessarily reflect the opinions of IHMM.
Phone: 301-984-8969 | [email protected]

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Benefits of a CSHM® Credential

The CSHM is the ultimate recognition for EHS professionals with knowledge and experience in safety management and general business principles. The CSHM is ideal for those who seek Executive positions within their organizations. Possessing the CSHM® helps employers demonstrate to suppliers, customers, and enforcement agencies that they excel at regulatory compliance and the management of workplace safety.

See the CSHM

IHMM Credential Recognition

Below you will see the 4 EHS credential badges that are now in each CSHM, CSMP, ASHM, and Student ASHM 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

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.

IHMM is in all 50 of the United States and in 85 countries around the world.

IHMM In-Person or Remotely Proctored Exams

The American National Standards Institute [ANSI] has approved Kryterion Remotely Proctored Exams for IHMM’s CHMM, CHMP, CDGP, CSHM and CSMP exams.

76% 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.

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.

IHMM Credentials Accredited By

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.


IHMM Initiates New York State Rulemaking

For the past several months we have been working with Anthony Dell’Isola, CSHM, in New York to encourage his State Senator Andrew Gounardes to assist us with amending NY DOL regulation 12 CRR-NY 59-1.12 to include the CSHM and CSMP as acceptable certifications for workplace safety and loss prevention consultants.

I am attaching IHMM’s letter to the NYS DOL, Senator Gounardes’ letter to the NYS DOL, and IHMM’s proposed amendment including the CSHM and CSMP in 12 CRR-NY 59-1.12

We need every CSHM and CSMP in New York to contact their State Senator and State Representative and ask them to join Senator Andrew Gounardes and IHMM in initiating this rule change.

Credential recognition is important to IHMM and we know it is important to you. With everyone involved and pushing this as hard as we can we can achieve this recognition.

Read the original article by clicking here.

US Department of Labor reminds certain employers to submit required 2022 injury and illness data by March 2, 2023

The U.S. Department of Labor’s Occupational Safety and Health Administration is reminding employers that the agency is collecting calendar year 2022 Form 300A data. Employers must submit the form electronically by March 2, 2023.

Establishments under Federal OSHA jurisdiction can use the ITA Coverage Application to determine if they are required to electronically report their injury and illness information to OSHA. Establishments under State Plan jurisdiction should contact their State Plan.

Employers must connect their Injury Tracking Account to a account to submit their 2022 workplace injury and illness data. Watch the video to learn how.

Earn a Challenge Coin

Workers are an important resource for identifying workplace hazards and implementing changes. Safety reporting systems allow ideas and suggestions for improving safety to be captured.

Take the Speak Up for Safety Challenge! Review your safety reports with a team to find common themes and opportunities to improve your overall workplace safety and health performance.

Complete the challenge and earn your virtual challenge coin! Then, share the results in your workplace and on social media to show how you encourage workers to #SpeakUpForSafety to be #SafeAndSoundAtWork.

Your Partner Punch List

We would appreciate if you could support Safe + Sound by doing the following:

Is Time Running Out on Workplace Safety?

Safer workplaces seem to be more of a mirage than a reality.

How safe is the workplace these days? We don’t really know, since given the nature of the federal government’s data-crunching capabilities, it’ll take another year for us to get the statistics on workplace incidents in 2022. But we do finally know how safe the workplace was at U.S.-based employers in 2021, but there’s not much good news in the numbers:

  • Nonfatal injuries and illnesses were down in 2021 by 1.8% over 2020.
  • Fatal work injuries were up by 8.9% year-over-year.
  • The impact of COVID-19 on the workplace in 2020-2021 was significant but exactly how significant is not yet known.

According to the U.S. Bureau of Labor Statistics (BLS), 5,190 people died on the job in 2021, compared to 4,764 in 2020. Also, while total workplace injuries and illnesses dropped somewhat year-over-year, the number of injuries actually increased by 6.3% (2.2 million injury cases in 2021 vs. 2.1 million in 2020). Offsetting the increase in injuries is that illnesses—in particular, respiratory illnesses—dropped by 32.9%.

Read more by clicking here.

Could a Four-Day Workweek Impact Workers’ Health? A New Report Offers Insight

Employees who participated in the trial reported decreased stress, fatigue and levels of burnout and increased physical and mental health.

A new report suggests that a four-day workweek may have some benefits for workers’ health.

From June to December 2022, 61 companies in the UK participated in a trial where employees’ work time was reduced by 20 percent but pay and work were kept the same.

Of the approximately 2,900 employees in the trial, nearly three in four (71 percent) saw decreased levels of burnout, according to the report from 4 Day Week Global. Employees also reported decreased stress (39 percent), negative emotions (54 percent), fatigue (46 percent) and sleep difficulties (40 percent) as well.

Moreover, physical health improved for more than one in three employees (37 percent), and mental health improved for more than two in five employees (43 percent).

Read more >

US Department of Labor Finds McDonald’s Franchise Operator Violated Child Labor Hours, Safety Regulations at Seven Locatons in Erie, Warren

DuCharme Organization pays $92K penalty to resolve violations, affecting 154 workers

A federal investigation has found the franchise operator of seven McDonald’s locations in Erie and Warren illegally allowed 154 minors, ages 14- and 15-years-old, to work at times not permitted by child labor laws and for more hours per week than allowed. The employer also assigned nine workers under age 16 to operate deep fryers in violation of federal law.

U.S. Department of Labor Wage and Hour Division investigators determined that the Erie-based DuCharme Organization – operating as TBLN LLC – violated the child labor provisions of the Fair Labor Standards Act. The DuCharme Organization and owner Thomas DuCharme Jr. paid $92,107 in civil money penalties for the violations.

Specifically, the division found the employer permitted the minors to work illegally as follows:

  • Before 7 a.m., more than 3 hours per day and after 7 p.m. on school days.
  • Later than 9 p.m. on days between June 1 and Labor Day, when they may legally work until 9 p.m.
  • More than 8 hours on a non-school day, and more than 18 hours a week during a regular school week.

Investigators also learned nine minors under the age of 16 were allowed to operate deep fryers at two of the employers’ locations in violation of federal regulations for occupational standards for 14- and 15-year-olds. Workers under the age of 16 are prohibited from using manual deep fryers not equipped with automatic fry baskets that move food into and out of cooking oil or grease.

Read more >

Keeping Temporary Workers Safe

It has long been a challenge to protect workers from injury and harm. That’s especially true for temporary and contract employees, who often perform the least desirable work—and have the least amount of training.

Nearly everything you encounter in your day-to-day life is touched by temporary workers: from the TV you watch to the tires on your car to the bed you sleep in every night.

Temporary workers do it all. They move your packages around large distribution centers and sometimes deliver them to your door. But what’s the cost for the use of this temporary labor workforce, and how did we get here in the first place?

The Rise of Temporary Workers

America’s staffing companies hire 16 million temporary and contract employees per year, according to the American Staffing Association (ASA). Because of the massive labor shortages due to the ongoing ripple effects of COVID-19, the temporary worker industry is engaged and more highly utilized than ever before.

Temporary staffing has seen a major expansion in the employment landscape—and it’s a trend that’s here to stay. In the 1970s, it was characterized by administrative work. These days, while temporary work may include administrative positions, the reality is that many temporary workers perform light and heavy industrial labor.

Read more by clicking here.

Watch Your Step: Protecting Workers from Falling into Holes

What measures should employers and workers take to stay safe around holes?

It only takes a single step for a worker’s life to change.

In many industries, there may be holes in a working surface that pose a risk to employees. At a worksite in Illinois, an electrician sustained fatal injuries when they fell through a hole in December 2021. According to OSHA, the 50-year-old electrician and general foreman were simply “evaluat[ing] the proposed work” when the incident happened.

In this article, we’re going to look at ways to protect workers from falling into holes. But before we do that, if you’re wondering what’s classified as a hole, here’s OSHA’s definition: “A gap or void 2 inches (5.1 cm) or more in its least dimension, in a floor, roof, or other walking/working surface.”

Read more >

OSHA Emphasis Program Targets the Auto Parts Supplier Industry

Hazards in the auto parts supplier industry “continue to be the source of serious injuries, including amputations, and deaths to employees,” OSHA says.

In response, a new Regional Emphasis Program has been in effect since Feb. 5. It applies to employers within the jurisdiction of five OSHA area offices across three states: Atlanta East; Atlanta West; Birmingham, AL; Mobile, AL; and Jackson, MS.

According to OSHA, the industry’s most common causes of injury are lockout/tagout, machine guarding and electrical hazards. Citing 2021 data from the Bureau of Labor Statistics, the agency notes that the auto parts supplier industry has a higher injury and illness rate (3.3 per 100 full-time workers) than overall private industry (2.7).

In addition, a review of OSHA data from October 2013 through September shows that, out of 299 industry inspections in Region 4, 216 had some form of noncompliance. Of those, more than 87.5% resulted in serious, repeat and willful violations.

Inspection activity will begin 30 days after outreach and notification letters have been sent “to give employers the opportunity to contact consultation services for an onsite visit.”

Find the original article by clicking here.

Labor Department Fines Pizza Restaurants $30k For Child Labor Violations, Recovers $12k For Two Managers Illegally Denied Overtime Wages

Mio’s Pizza in Cincinnati, Milford allows minors to operate dangerous equipment

A federal investigation of the employment practices of the operators of two Cincinnati-area pizza restaurants has identified numerous violations of child labor, overtime and recordkeeping regulations.

In May 2022, the U.S. Department of Labor’s Wage and Hour Division investigated Mio’s Pizza locations in Cincinnati and Milford, and found owners Dan and Leslie Igo violated several provisions of the Fair Labor Standards Act.

At the Cincinnati location – operated by Stuff It LCC – division investigators found the following:

  • 12 minors, under the age of 16, illegally allowed to use manual fryers, operate gas ovens with an open flame, move pizza in and out of a broiler/conveyor oven, and use a mechanical dough puller and sheeter. These activities violate federal hazardous orders that forbid young workers from performing cooking and baking operations.
  • 16 minors assigned to work in violation of hours worked standards.
  • One manager denied required overtime wages because the employer paid them a weekly salary of $584 and improperly claimed they were a salaried manager and exempt from overtime. By law, employers may only claim an exemption from overtime for managers when they meet several duties tests and are paid weekly salaries of more than $684 a week.

At the Milford location – then operated by Black Cat Pizzeria Inc. – investigators identified the following:

  • Nine minors, under age 16, also performing the same hazardous cooking and baking operations.
  • 20 minors working in violation of federal limits for work hours.
  • One manager owed back wages because the employer claimed the same incorrect overtime exemption for managers.

The violations occurred before the Igos sold the Milford location in late 2022 to new owners.

After its investigations, the division recovered $11,950 in back overtime wages and damages. The department also assessed $30,000 in civil money penalties due to the nature of the employers’ violations. The violations also included the failure to keep accurate records.

Read more >

Why You Should Use Videos for Safety Training

This technology can provide more benefits than lectures and other traditional models.

Safety training is a crucial aspect of any workplace, as it helps ensure the well-being of employees and the overall success of a business. However, traditional methods of safety training, such as lectures and written materials, can be dry and disengaging. This is where videos come in. Video-based safety training has become increasingly popular in recent years, as it offers a more interactive and dynamic way to educate employees on workplace safety. In this article, we’ll explore the benefits of using videos for safety training and provide insights into creating effective video-based safety training programs.

Read more >

Construction Workforce Shortage Tops Half a Million in 2023

In 2022, there were more than 390,000 job openings per month, the highest level on record.

Like every other industry, worker shortages are an issue in the construction industry.

A recent model developed by Associated Builders and Contractors found that the industry will need to attract an estimated 546,000 additional workers on top of the normal pace of hiring in 2023 to meet the demand for labor.

“The construction industry must recruit hundreds of thousands of qualified, skilled construction professionals each year to build the places where we live, work, play, worship, learn and heal,” said Michael Bellaman, ABC president and CEO, in a statement. “As the demand for construction services remains high, filling these roles with skilled craft professionals is vital to America’s economy and infrastructure rebuilding initiatives.”

Read more by clicking here.

New Safety Video Shows Dangers of Having Passengers on Forklifts

The animation, produced by the Workers’ Compensation Board of British Columbia, details an incident in which a young worker at a rebar manufacturing facility was seriously injured after falling off a forklift while riding on the side of the equipment. He was run over by the forklift.

“Riding as a passenger on a forklift is prohibited in most cases,” WorkSafe BC says. “It can expose workers to dangers such as falling off, being struck by objects, or being crushed between the forklift and another object.”

The video also points out that:

  • The employer didn’t have a joint health and safety committee for the worksite, as required.
  • The forklift manufacturer’s instructions, which stated that passengers shouldn’t ride outside the cab, weren’t followed.
  • The employer didn’t ensure the worker received appropriate training on operating a forklift.
  • The employer failed to provide additional required training to the worker when he became a forklift assistant.

In the United States, Section (m)(3) of OSHA’s standard on powered industrial trucks (1910.178) states that “unauthorized personnel shall not be permitted to ride on powered industrial trucks. A safe place to ride shall be provided where riding of trucks is authorized.”

OSHA requires forklift training programs to include formal instruction, practical training and a workplace performance evaluation.

Read the original article by clicking here.

OSHA Cites Pennsylvania Employer After 17-Year-Old Employee Suffers Fatal Injuries

The citations include violations for not having PPE and not training employees on certain machine usage.

Following the death of an employee, an employer in Pennsylvania is facing citations for violations relating to not training employees on wood chipper use and not having someone trained in first aid.

In August 2022, a 17-year employee working for Adam Atiyeh, operator of Adam’s Tree Service and Adam’s Tree Removal and Trimming, was fatally injured after a wood chipper pulled them in, according to a news release. The employee had been putting entangled material in the wood chipper at a site in Schnecksville, Pennsylvania, when they were injured.

Federal child labor laws do not allow anyone under the age of 18 to use a wood chipper. OSHA said the employer allowed three workers, all minors, to use the machinery.

Read more >

Court Orders Illinois Home Healthcare Provider to Pay $1.1M in Back Wages, Damages to 69 Employees, After US Department of Labor Investigation

Judgment affirms that healthcare provider is subject to wage laws despite claims

The U.S. Department of Labor has obtained a federal court order requiring an Illinois home healthcare provider to pay 69 workers $1.1 million in back wages and damages for its failure to pay these workers for all hours worked.

On Feb. 7, 2023, U.S. District Court Judge Colin Bruce for the Central District of Illinois in Urbana issued an order finding Lee A. McDevitt – owner and operator of Midwest Home Care in Mattoon – liable for back wages and damages. The court dismissed McDevitt’s claim that they were not subject to the Fair Labor Standards Act because they operated solely within Illinois. The court also found the department could protect the identities of employees who cooperated with the investigator and litigation.

The court’s action follows an investigation by the department’s Wage and Hour Division that found McDevitt paid a daily rate to workers employed as caregivers, the majority of whom worked 24-hour shifts, regardless of the number of hours they worked, resulting in minimum wage and overtime violations. The caregivers provided in-home healthcare and assisted living services to clients across Mattoon, Champaign and Tuscola.

The investigation determined that the employer owed the affected workers $562,389 in back wages and assessed an equal amount of liquidated damages.

The court also ruled McDevitt violated the FLSA’s recordkeeping requirements by failing to track an employee’s hours worked, including sleep time interruptions, accurately. By failing to do so, Midwest Home Care’s sleep credit was invalid. The court also forbid McDevitt from future FLSA’s minimum wage, overtime and recordkeeping violations.

Read more >

2023 IHMM Certificant Survey

This is our 2023 IHMM certificant survey. Your feedback allows us to gather broad based information about the needs and preferences of our certificants that leads to improving our services and credentials.

Please take a few minutes and answer the 19 questions posed in this survey and help us improve our services.

Take the short survey here.

Top 4 Projects in February, 2023
  • NY Department of Labor rulemaking concerning the recognition of the CSHM and CSMP
  • Work with Eric Vega in Puerto Rico concerning credential recognition
  • Review of the Governor of Nevada’s Executive Order concerning licensing boards and potential for recognition of the CHMM
  • Scheduling meetings with the Maryland Congressional delegation concerning the Certified Pandemic Preparedness Specialist [CPPS] credential

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. The 45 in 5 Project is for ALL IHMM credentials. This summer we have worked on the U.S. Army Corps of Engineers health and safety manual that recognizes the CSHM and CSMP credentials. We are working with a CSHM in New York on their Department of Labor recognizing the CSHM.

  • We have already succeeded in 13 states – New York, Connecticut, Pennsylvania, Indiana, California, Colorado, Nebraska, Minnesota, Arkansas, Oklahoma. Ohio, North Dakota, and Georgia. [Red states in the map above]. These are states where IHMM credentials are cited or 40 CFR 312.10 is cited by reference.
  • We have partially succeeded in another 16 states – Alaska, Hawaii, Idaho, Montana, Arizona, Kansas, Iowa, Missouri, Illinois, Kentucky, Florida, Delaware, Rhode Island, Massachusetts, Vermont, and Maine. [Orange/Black Stripe states in the map above] These are states where the requirements of an “environmental professional” or QEP are cited that coincide with an IHMM credential so that relatively little work would need to be done to clarify the desired outcome.
  • We have 21 states where no reference to an IHMM credential is made in either statute or regulation, nor is there anything defined in the area of an environmental professional. These states will require legislation or regulatory work. [Yellow states in the map above].

In January 2021 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 other states [see above] 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.

In January 2022 Gene Guilford released the 40 CFR § 312.10 EPA regulation that states a private certification that meets or exceeds the requirements of the regulation is an Environmental Professional under the regulation. Here is the crosswalk between the 40 CFR § 312.10 EPA regulation and the Certified Hazardous Materials Manager [CHMM] blueprint. The CHMM meets or exceeds the requirements of an Environmental Professional. 

Here’s what we ask each volunteer to do:

  • Watch legislative and regulatory developments in your state that provide an opportunity for us to create amendments or other interventions
  • Be willing to speak with regulators and legislators in your area about the recognition efforts we craft together
Learn more about the AHMP-IHMM 45 in 5 Project here

OSHA’s FY 2023 Outreach Initiatives

As part of our efforts to keep you informed of OSHA’s activities, we have attached a document that summarizes OSHA’s outreach initiatives for FY 2023.  It includes a summary of key national initiatives, a listing of priority industries/topics, and a calendar of key dates. Please note: As we receive new/updated information about events, we will share it with you.

We hope this document will be a helpful tool as we continue to work together to support OSHA’s outreach initiatives.

See >

IHMM CSHMⓇ 2022 Salary Survey

IHMM is pleased to release its 2022 salary survey for Certified Safety and Health Managers Ⓡ [CSHMⓇ] across a broad range of position titles in the CSHMⓇ community of practice.

You may download the CSHM survey here.

IHMM  – 26 Fellows Are Mentors 

IHMM Fellows Committee Chair Atanu Das, CHMM, is leading the effort within the IHMM Collaboration networking platform to provide instruction to the more than 75 IHMM Fellows in becoming mentors.

Given the extraordinary experience Fellows have, this is a unique opportunity for IHMM Fellows to help guide more recent certificants in their professional development activities.

IHMM’s Collaboration platform contains a “Mentor Match” module [see below at right] that allows mentors to signup designating the hours, number of mentees, subject areas, and length of time they wish to mentor – as well as allowing mentees to signup requesting assistance in specified areas. The mentor match module does the rest by matching mentors and mentees.

Recert Video #1

Recert Video #2

IHMM Recertification Videos

IHMM is pleased to release two YouTube instructional videos about navigating the IHMM recertification process. These step-by-step videos easily enable IHMM certificants to start and complete a recertification application.

While the full recertification cycle is 5 years, IHMM encourages all certificants to start a recertification application and add certification maintenance points as they are earned to make the final submission quick and easy to accomplish.

  • Every CSHM and CSMP should start a recertification application now.
  • Even if your recertification is years away, starting an application now and adding your accumulated points enables you to see where you are all the time and it makes it very easy when you have to file your application

IHMM Scholarship Program

The Institute of Hazardous Materials Management is pleased to have created $32,000 in academic scholarships, divided equally between $16,000 for students enrolled in undergraduate or graduate education in approved schools and who are also Student CHMMs, and $16,000 for students enrolled in undergraduate or graduate education in approved schools and who are also Student ASHMs.

IHMM seeks to foster the growth and academic success of students whose courses of education, and participation in one of our Student certifications, will lead to those students becoming fully-certified IHMM credential holders later in their professional lives.  The first two IHMM Scholarships were awarded before Thanksgiving to Thomas Gerding, Student ASHM, and Ryan Bellacov, Student CHMM! Congratulations to Thomas and Ryan for being our first scholarship award winners.

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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.


Beltway Buzz – Ogletree Deakins

Wilson Leaving FTC. Christine Wilson, the only Republican commissioner serving on the Federal Trade Commission, announced this week that she would be resigning her position. In an opinion piece printed by an internationally circulated publication, Wilson cited as her reason for resigning “concerns about the honesty and integrity of [FTC chair] Ms. Khan and her senior FTC leadership.” Wilson also expressed substantive concerns regarding the Commission’s proposal to ban noncompete agreements. While many factors influence the rulemaking process, the absence of a dissenting voice at the Commission could have a significant impact on the substance and timing of any final noncompete rule.

Wage and Hour Nominee Blocked in Committee. This week, the U.S. Senate Committee on Health Education, Labor and Pensions failed to advance the nomination of Jessica Looman to be administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). The vote split along party lines, with eleven Democrats voting in favor and ten Republicans voting in opposition. However, one of those affirmative votes was cast by proxy for Senator Bob Casey (D-PA), who was not in attendance due to health-related reasons, and could not be used to break a tie vote under Senate rules. Senator Bill Cassidy (R-LA), ranking member of the committee, criticized Looman’s work as principal deputy administrator of the WHD, which, he said, “has issued multiple proposed rules that would effectively destroy the independent contracting and franchising industries, revealing an antiquated approach to a twenty-first century workforce.” Separately, the committee voted 12–9 to advance the nomination of Karla Gilbride to be general counsel of the U.S. Equal Employment Opportunity Commission.

WHD Issues Guidance on Breaks While Teleworking. On February 9, 2023, the Wage and Hour Division issued a field assistance bulletin (FAB) on “Telework Under the Fair Labor Standards Act and Family and Medical Leave Act.” The FAB addresses the following issues relating to teleworking employees:

  • At-home breaks. The FAB notes that as in the traditional workplace setting, short breaks of twenty minutes or less are compensable, “regardless of whether the employee works from home, the employer’s worksite, or some other location that is not controlled by the employer.” Conversely, breaks that are twenty minutes or more during which the employee is completely relieved of their duties, as well as bona fide meal breaks of thirty minutes or more, are not counted as hours worked when teleworking.
  • Nursing employees. The guidance clarifies that the Fair Labor Standards Act’s (FLSA) requirements that covered employees be provided with a “reasonable break time” and place (other than a bathroom) to express breast milk also applies when the employee is working remotely from home or another location (e.g., a client worksite). The FAB further explains that employers are not required to compensate employees for breaks taken to express milk, unless the employer generally provides compensated breaks.
  • Family and Medical Leave Act (FMLA) application. The FAB states, “Employees who telework are eligible for FMLA leave on the same basis as employees who report to any other worksite to perform their job.” The FAB continues, “When an employee works from home or otherwise teleworks, their worksite for FMLA eligibility purposes is the office to which they report or from which their assignments are made.”

OFCCP Extends Time for FOIA Objectors. This week brings further news regarding the Office of Federal Contract Compliance Programs (OFCCP) and its potential release of certain federal contractors’ EEO-1 data pursuant to a Freedom of Information Act (FOIA) request. In order to perform “additional quality assurance checks” to ensure that it has an accurate list of contractors that have not objected to the disclosure of this information, OFCCP announced that it is further extending the time for contractors to file their objections from February 17, 2023, until March 3, 2023. According to the announcement, by February 17, 2023, OFCCP will publish an updated list of contractors that have not objected to the release of their EEO-1 data, and “[t]his updated list will remove contractors that [OFCCP has] identified as incorrectly included” or otherwise objected during the beginning of February 2023. OFCCP will publish an updated list of nonobjectors by March 10, 2023, and provide one final opportunity to object by March 17, 2023. OFCCP’s actions follow a February 10, 2023, letter from House Committee on Education and the Workforce Chairwoman Virginia Foxx (R-NC) that expressed her concern that “OFCCP has not taken the necessary steps to notify federal contractors, especially smaller employers, that the non-objector list may have errors or that employers were required to submit objections previously to prevent their sensitive data from being released.”

EEOC Receives Comments on Draft Enforcement Plan. Late last week was the deadline for the regulated community to submit comments on the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed Strategic Enforcement Plan for 2023–2027. Groups representing employers urged the Commission to refrain from supporting calls for the creation of new causes of action and burdens of proof relating to employers’ use of artificial intelligence and also cautioned the EEOC against targeting lawful arbitration agreements. These same commenters urged the Commission to issue guidance or regulations to clarify terms in the recently enacted Pregnant Workers Fairness Act. Comments from civil rights groups recommend “us[ing] the full force of the EEOC’s powers to proactively investigate discrimination in the use of hiring technologies” and encourage the EEOC to target industries that partner with independent contractors.

Stateside Visa Renewals on the Way? Christina M. Kelley has the scoop on the U.S. Department of State’s plans to launch a pilot program that will allow certain H and L visa holders to renew their visas within the United States, rather than having to travel abroad to do so at a U.S. embassy or consulate. While details of the plan are unavailable, it is intended to ease the current visa backlog resulting from COVID-19 disruptions, and it is expected to launch sometime this year.

OSHA Update. The Occupational Safety and Health Administration (OSHA) remains quite busy. For example:

  • OSHA to AZ: If you like your plan, you can keep your plan. OSHA announced this week that it is rescinding its proposal to revoke Arizona’s state workplace safety plan, and that the plan will therefore stay in place. According to OSHA, Arizona has satisfactorily taken steps to adopt federal standards and penalty levels, among other actions.
  • Immigration status for certain workers. On February 13, 2023, the DOL announced that, effective March 30, 2023, OSHA will have the authority to issue certifications in support of applications for U Nonimmigrant Status and T Nonimmigrant Status visas. These visas provide immigration status to noncitizens who assist law enforcement in investigating and prosecuting certain crimes, including human trafficking. The move piggybacks on the U.S. Department of Homeland Security’s recently streamlined process for workers seeking deferred action when they cooperate with labor violation investigations.
  • Investigations in the absence of a complaint or accident. Finally, check out John D. Surma’s and David B. Walston’s explainer on OSHA’s update to its Site-Specific Targeting program. According to the update, the program is intended to direct OSHA’s “enforcement resources to those workplaces with the highest rates of injuries and illnesses.”



The graphic to the left illustrates the relationship between IHMM and HMS. IHMM formed HMS to serve IHMM’s certificants. IHMM offers a variety of professional credentials and HMS creates education and training programs to serve the applicants and certificants of those credentials.

Easily Find Courses to Help You Pass IHMM Credential Exams

This week we add the Federation of Environmental Technologists [FET] EHMM course to the CHMM examination preparation schedule. FET is the CHMM chapter in Wisconsin and IHMM is proud to support them and help to promote their EHMM offering to IHMM’s CHMM applicants.
CDGP® Prep Course
  1. CE-1112: CDGP® Exam Prep – Columbia Southern University – Available On Demand
CHMM® Prep Courses
  1. Daily – CHMM® Online Review – Bowen
  2. Daily – CHMM® Prep Course – Institute of Safety & Systems Management
  3. Daily –Certified Hazardous Materials Managers (CHMM®) Exam Prep – SPAN Exam Prep, Division of ClickSafety
  4. February 7-8, 2023 – CHMM® Examination Prep Course – Online – PTP Consulting
CSHM® Prep Courses
  1. Certified Safety and Health Manager® (CSHM®) Exam Preparation Course – VUBIZ – Available on Demand

CHEMTREC, HMS Training Partner, Adds Courses for IHMM Certificants

CHEMTREC, an HMS training partner, has had 6 courses approved in advance for earning IHMM recertification certification maintenance points. We are pleased to promote these programs as reviewed and approved by the HMS Education and Training Committee, chaired by Diana Lundelius. Thank you CHEMTREC, and thank to HMS’ Education and Training Committee.

DailyGround Transportation for CarriersChemtrecOnline
DailyOSHA Hazard Communications StandardChemtrecOnline
DailyShipping Lithium Batteries and Cells TrainingChemtrecOnline
DailyHazmat General, Safety and Security Awareness Online Training CourseChemtrecOnline
DailyIATA Dangerous Goods Online Training for OperationsChemtrecOnline
Daily49 CFR TrainingChemtrecOnline
DailyIATA Dangerous Goods Online Training for Operations PersonnelChemtrecOnline

Bowen EHS, HMS Training Partner, Adds Courses for IHMM Certificants

Bowen EHS, an HMS training partner, has had 4 courses approved in advance for earning IHMM recertification certification maintenance points. We are pleased to promote these programs as reviewed and approved by the HMS Education and Training Committee, chaired by Diana Lundelius. Thank you Bowen EHS and thank to HMS’ Education and Training Committee.

Thank you Bowen EHS for contributing programs enabling IHMM certificants to engage in professional development and earn important CMPs! All three of the new Bowen EHS programs are available online and on demand.

DailyEPCRA Tier II ReportingBowen EHSOnline
DailyCHMM Online ReviewBowen EHSOnline
DailyEmergency Management Self-Paced PDCBowen EHSOnline
DailyAcute Toluene Exposure WebinarBowen EHSOnline

Thank you Bowen EHS for contributing programs enabling IHMM certificants to engage in professional development and earn important CMPs! All three of the new Bowen EHS programs are available online and on demand.

IHMM and HMS Tie Exam Preparation Together for Applicants

Every IHMM certification that requires an examination has a section of its website entitled Examination Preparation.

Connected to the Examination Preparation panel is a companion panel that is Find a Course to Prepare for the Exam.

You see the Find a Course to Prepare for the Exam panel from the CHMM site at left.

When you click on the Find a Course to Prepare for the Exam panel it takes the applicant directly to the HMS site where all CHMM prep courses may be found and chosen.

For the 397 CHMM applicants IHMM had on August 31, 2022, all 397 looking for CHMM prep courses could see and chose their favored CHMM exam prep course. If your course is not on the HMS platform, none of the 397 CHMM applicants could find you.

If you want your CHMM prep course on the HMS platform so it can be found by IHMM CHMM applicants, contact Gene Guilford at [email protected]

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 >

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

HMS has made that simple and easy.

  1. Go to
  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!

RCM&D Professional Liability Insurance

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.

For more information see >

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.

Donate to 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.

Applications for the 2023 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, 2023. 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 >

There are 868 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. Do you have a problem you need to solve and want the opinions of your colleagues? This is where we come together to help each other.

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.

Access to COLLABORATION is through the same username/password you use to access your MYIHMM account. Having a problem? Contact Jimmy Nguyen at [email protected]

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 will attend and support a number of conferences and trade shows throughout 2023, virtually as well as in-person as COVID issues allow. Below are some of the conferences IHMM will support in 2023.

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

Ohio Safety Congress and Expo

Greater Columbus Convention Center

March 8-10, 2023

ASSP Greater San Jose and San Francisco Chapters Safety Symposium

San Ramon Marriott – Thank you Bart Miller for leading this effort

March 9, 2023

COSTHA Annual Forum and Expo

Embassy Suites by Hilton Dallas-Frisco Hotel & Convention Center

April 30-May 24, 2023

AIHce EXP 2023

Phoenix Convention Center

May 22-24, 2023

ASSP Safety Conference and Exposition

San Antonio, TX

June 5-7, 2023

AHMP 36th Annual Conference

Omaha, NE

August 27-30, 2023

National Safety Council Congress & Expo

New Orleans, LA

October 23-25, 2023


IHMM has a companion organization for which education and training programs are presented and delivered.  The Hazardous Materials Society education and training website can be found here.

DateEventEvent ProducerLocation
DailyCHMM Exam Prep CourseInstitute of Safety & Systems Management


DailyCE 1112- IHMM CDGP Exam Prep (online) Columbia Southern University


DailyCE 1102- Industrial Hygiene for Safety Professionals (online) Columbia Southern University


DailyCE 1105: Maritime Hazardous Materials Inventory Columbia Southern University


DailyDOT NON-Bulk Training Compliance Associates


DailyOSHA 30 Construction (Online) ClickSafety


DailyHAZWOPER Refresher (Online) ClickSafety


DailyHAZWOPER 40-Hour All Industries (Online) ClickSafety


DailyHAZWOPER 24-Hour All Industries (Online) ClickSafety


Daily8-Hour HAZWOPER Refresher Course Hazmat School


DailyDOT Hazmat Employee with Packaging Course Hazmat School


DailyRCRA Hazardous Waste Generator Online Training Course Hazmat School


DailyOSHA Asbestos Awareness TrainingHazmat School


DailyCHMM Online Review Bowen


DailyOnsite Lithium Battery TrainingCompliance Associates


DailyOnsite ADR TrainingCompliance Associates


DailyWebinar ADR TrainingCompliance Associates


DailyOSHA Confined Space Operations TrainingHazmat School


DailyIATA/IMDG Certification TrainingDGI


DailyCSHM Exam Prep CourseVubiz


DailyCSMP Exam Prep CourseVubiz


DailyGround Transportation for CarriersChemtrec


DailyOSHA Hazard Communications StandardChemtrec


DailyShipping Lithium Batteries and Cells TrainingChemtrec


DailyHazmat General, Safety and Security Awareness Online Training Course Chemtrec


DailyIATA Dangerous Goods Online Training for Operations Chemtrec


Daily49 CFR TrainingChemtrec


DailyIATA Dangerous Goods Online Training for Operations PersonnelChemtrec


DailyOnline 2-Hour OSHA Bloodborne Pathogen TrainingHazmat School


DailyOnline Heat Illness Prevention TrainingHazmat School


DailyOnline OSHA 24-Hour HAZWOPER Training CourseHazmat School


DailyEPCRA Tier II ReportingBowen EHS


DailyEHS Training Self-Paced PDCBowen EHS


DailyEmergency Management Self-Paced PDCBowen EHS


DailyBasic Principles of Occupational HygieneAIHA



Certificate Program: Use of Direct Reading Instruments




How to Develop Creative Narrative for Better Training and Retention (AIHce EXP 2021 OnDemand)




Electrical Safe Work Practices With Application of NFPA 70E PDC Recording




Is Your Safety Training Good Enough? (AIHce EXP 2021 OnDemand)




All About Leading, Lagging, and Predictive Indicators (AIHce EXP 2021 OnDemand)




Elevating EHS Leading Indicators: From Defining to Designing Webinar Recording




Increasing Risk Awareness and Leveraging Risk Management to Catalyze a Culture of Learning and Health (AIHce EXP 2021 OnDemand)




Emergency Preparedness: Is the Workplace Truly Prepared for Emergencies? (AIHce EXP 2022 OnDemand)




Mitigation Through Decontamination PDC Recording




SDS & Label Authoring Course




Empowering Industrial Hygienists With Systems Thinking for ISO 45001 Webinar Recording




ISO 45001 OHSMS Update and Overview Webinar Recording




Fire and Explosion Hazards in the Process Industries PDC Recording




Decision Making in Managing Risk – Expand Context, Strengthen Skills PDC Recording




Risk Assessment Virtual Conference Recordings (2021): Introduction to Risk Assessment




Welding: An Exercise in Applied Industrial Hygiene




Response Considerations During an Outbreak or Pandemic

FEMA           Online

Environmental Health Training in Emergency Response Awareness Course

FEMA           Online

RCRA Hazardous Waste Management Online

Lion Tech



RCRA Hazardous Waste Management Refresher

Lion Tech


Dec 18-19, 2023 [Webinar] Hazmat Ground Shipper Certification (DOT)Lion Tech


Jan 4, 2024Innovative Approaches to Hands-On Fire Extinguisher Training: Unveiling the Digital AdvantageNational Safety Council


Jan 8-Apr 8, 2024Essentials of Hazardous Materials Management [EHMM] CourseFET, Inc


Jan 11, 2024Top 10 OSHA Injury Recordkeeping Challenges: Common Questions about the OSHA 300 LogNational Safety Council


Jan 15-17, 2024Essentials of Hazardous Materials Management [EHMM] CourseAHMP Cyber Chapter


Feb 1, 2024How to Understand & Apply ANSI Hand Safety StandardsNational Safety Council


Mar 4-6, 2024

Lithium Battery Logistics Safety Management (LIVE virtual classroom)




9210 Corporate Boulevard, Suite 470
Rockville, Maryland, 20850 | [email protected]
Phone: 301-984-8969 | Fax: 301-984-1516


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