Thursday, January 12, 2023
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From ASHM to CSHM – Build Your ESH Career
With graduation from an IHMM-approved college or university you became an Associate Safety and Health Manager [ASHM]. The next step is to become a Certified Safety and Health Manager [CSHM].
IHMM’s Certified Safety and Health Manager (CSHM®) credential recognizes environmental, health and safety managers who have a mastery of OSHA regulations and industry standards as well as exceptional management skills. The holder of this credential manages for worker and workplace safety. As a health and safety manager, you are focused on the safety of your employees and workplace. Now you can be recognized for your commitment with a CSHM® credential.
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 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.
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.
FTC Proposes Ban on Noncompete Clauses
OSHA Proposes Penalties for Fencing Contractor After Worker Trapped Under Equipment Fatally Injured
Better Ways to Improve Worker Health and Safety in Small to Midsize Businesses
Top Ways to Create a Healthier Workplace in 2023
Almost One in Five Surveyed Workers Rate Their Mental Health as “Fair” or “Poor”
A Look at OSHA’s Severe Violator Enforcement Program
CSB finds 6 safety lapses in Wisconsin refinery explosion
US Department of Labor investigation of fatal equipment rollover incident finds Texas fencing contractor exposed workers to deadly safety hazards
Workplace fatalities increased nearly 9% in 2021
Tech Trends Changing Construction in 2023
OSHA Reporting Cheat Sheet
NIOSH Address Workplace Substance Abuse Recovery Issues
Furthering the ESG Conversation
New York adopts new labor law to ‘protect integrity of public work’
Regulatory Update: New Law Ends Sexual Harassment NDAs
Call for entries: Construction’s top women leaders 2023
Contractor fell from Mass General Hospital’s roof – now OSHA is involved
Cal/OSHA Adopts Non-Emergency COVID-19 Regulation
Overcoming Construction Management Inefficiencies with Offline Automation
Toilet Paper, Mushrooms Big Hits with OSHA Inspectors
OSHA Seeks Nominees for Advisory Committee
What’s New in Workplace Safety, Pay Equity, and Job Classification
Man Dies From Traumatic Injuries at West Fargo FedEx Facility; OSHA Investigating
US Probing Worker’s Death at Devon-Nabors Oil Rig in N Dakota
Trench Collapse Leads to Death of Worker in Dallas Suburb, Contractor Faces $165K in Proposed Penalties
Mike Howe, MS, CSSM, CSHM, Chair of the IHMM CSSM-CSSS Committee
IHMM is honored to highlight one of its committee Chairs, Mike Howe.
Mike is an experienced Environmental Health & Safety manager with primary career responsibilities within industry (e.g., manufacturing), and Education/Academics (e.g., Community & Technical College) for: EHS management, regulatory consultation and compliance, security and protective services, loss prevention, emergency preparedness and response, strategic planning and continuity-of-operations, ISO 9001 certification, leadership, employee management, progressive discipline, training & development, and other related HR functions.
When IHMM acquired ISHM in 2019 there were five credentials that came in the acquisition, two of which had no blueprints or examinations; the Certified School Safety Manager [CSSM] and the Certified School Safety Specialist [CSSS]. Unless IHMM could create new blueprints and examinations from the ground up, there could be no CSSM or CSSS credentials.
Thanks to the outstanding leadership of Mike Howe, and a few very dedicated members of his committee, IHMM has produced its first CSSM blueprint and is close to completing its first CSSM examination. IHMM intends on launching the real CSSM credential in February.
‘There is nothing stronger than the heart of a volunteer. With it beats the spirit of service, generosity and compassion…and the health and the wellbeing of the community, country and our world’, Kobi Yamada, in “The Heart of a Volunteer”
Mike Howe perfectly embodies the Yamada quote in reality, performance, and spirit. Nothing IHMM does could be accomplished without dedicated volunteers and we appreciate everything Mike Howe and his team does for us.
Speak Up for Safety Challenge
Workers are valuable partners in making the workplace safer and they should be encouraged to communicate with management about hazards on the job. 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 and to be #SafeAndSoundAtWork.
Read more > https://content.govdelivery.com/accounts/USDOL/bulletins/34159b7
Final Steps of OSHA’s Proposed Permanent COVID-19 Standard for Healthcare
The Occupational Safety and Health Administration’s (OSHA) COVID-19 rulemaking process has been quiet for a while, but recent activity appears to indicate we are now entering the final phase of a permanent COVID-19 standard for healthcare. On December 7, 2022, the agency submitted a final rule to the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs for review.
As a reminder, in June of 2021, OSHA implemented an emergency temporary standard for medical facilities, which mandated those sites follow requirements around personal protective equipment, ventilation, physical barriers and other protections to reduce the spread of COVID-19. Eventually, the agency withdrew the rule in December 2021, stating that it was working expeditiously to issue a final standard while also considering its broader infectious disease rulemaking.
OSHA’s public hearing for the rulemaking was held from April 27, 2022 to May 2, 2022, and since then we have been waiting. However, on December 7, 2022, the OMB updated its website to reflect that it officially has OSHA’s “Occupational Exposure to COVID-19 in Healthcare Settings” standard listed as “under review.”
Read more > https://ogletree.com/insights/final-steps-of-oshas-proposed-permanent-covid-19-standard-for-healthcare/
Chatham sheriff investigating death of worker who fell off home in Governor’s Club
29-year-old Gabriel Strathern of Chapel Hill died December 14 while cleaning gutters in Governor’s Club.
Family members told WRAL News OSHA and the Chatham County Sheriff’s office are investigating. Strathern leaves behind a 19-month-old son he was raising as a single father; Friends started a GoFundMe for him. WRAL News tried to reach out to the company he worked for, Squeaky Clean, but have not heard back.
Original article > https://www.wral.com/osha-chatham-sheriff-investigating-death-of-worker-who-fell-off-home-in-governor-s-club/20660611/
Top Construction Stories of 2022
We wouldn’t be where we are today without construction workers. Literally. They built the building, house or other structure you’re standing (or sitting) in this very moment.
Their impact is profound, and our economy would come to a screeching halt if they stopped. That’s why they were declared an essential service during the early days of COVID-19 lockdowns, alongside healthcare workers.
Construction has always been a dangerous field, but the past few years have pushed the industry to the limit. COVID-19, mental health concerns, labor shortages, and substance use and addiction have made it more difficult to keep workers safe, both on and off the clock. It’s also made it more challenging to retain and attract workers.
There are no shortages of other woes facing the construction industry, including supply chain delays and higher costs of raw goods. But there are also a number of reasons why construction workers can be proud—and a number of lessons we can learn from the construction industry as a whole.
These articles, as chosen by the editors of EHS Today, highlight some of those strides forward. They showcase how the industry is learning to adopt technology to appeal to the next generation of workers. They show how technology can be adapted to make the work less grueling and more inclusive. They also recognize the accomplishments of a select few that have been named to the 2022 class of America’s Safest Companies.
Read the stories by clicking here.
OSHA’s Most Interesting Cases
What happened – and lessons learned
Every OSHA investigation offers an opportunity for using what comes to light to help prevent similar incidents.
At the 2022 NSC Safety Congress & Expo in September, OSHA staffers highlighted three investigations – and the lessons learned – during the agency’s “Most Interesting Cases” Technical Session.
The panel for the session included:
- Brian Elmore, an OSHA inspector based in Omaha, NE
- Marie Lord, assistant area director of the OSHA office in Marlton, NJ
- Peter Vo, safety engineer in OSHA’s Houston South area office
Here are the cases they presented.
Case 1: Shelving collapse in a cold storage warehouse
Case 2: Lockout/tagout-related amputation
Case 3: Crane collapse
Original article > https://www.safetyandhealthmagazine.com/articles/23342-oshas-most-interesting-cases
Why Training is Still one of the Best Ways to Prevent Falls
Many organizations are not doing enough to address fall hazards, and their employees are paying the price.
Over the past decade, businesses and regulators have focused more on preventing fatal workplace falls. Unfortunately, falls continue to occur at an alarming rate. Falls are one of the leading causes of workplace death in the United States, according to the U.S. Bureau of Labor Statistics.
Although fall prevention has been a big topic of conversation within construction for many years, no industry is safe from fall hazards. In 2020, 368 construction workers died from falls, while 805 workers across all sectors lost their lives to falls.
Despite the high incident rate and increased awareness, many companies continue to struggle with fall prevention. In fact, fall protection has been the most cited OSHA violation for the past decade.
One of the most prominent hurdles organizations face when addressing fall hazards is how complex the subject can be. All the standards, regulations, equipment options and required training make managing the issue properly a real challenge for even the most safety-conscious companies.
Read more by clicking here.
US Department of Labor Investigation of Fatal Equipment Rollover Incident Finds Texas Fencing Contractor Exposed Workers to Deadly Safety Hazards
A federal workplace safety investigation into how a 15-year-old worker tragically suffered fatal injuries while installing fencing in Guthrie has found the employer failed to follow required workplace safety standards.
U.S. Department of Labor Occupational Safety and Health Administration inspectors went to the work site on July 6, 2022, and learned the teenager had been trapped under heavy equipment. They determined that Sheppard Farm and Ranch Services LLC of Robert Lee had illegally modified a Caterpillar loader and failed to provide adequate training or personal protective equipment, such as a hard hat, gloves and safety glasses. The company also did not report the workplace fatality within 8 hours after it occurred, another violation for which OSHA issued a citation.
Read more > https://www.dol.gov/newsroom/releases/osha/osha20230104-2
What ASSP Leaders Think OSHA Needs to Do
“Standards have no impact on where employee injuries are occurring,” says ASSP President Christine Sullivan. So OSHA should look at how it makes standards.
Talking the pulse of the leaders at ASSP –President Christine Sullivan, President-Elect Jim Thornton and Senior Vice President Pam Walaski – the organization asked them for their perspective on a number of issues in an article.
Here is what they said about what they would like to see from OSHA to help improve conditions for workers.
Sullivan: OSHA needs to reexamine the way it does standards. While standards are important for many organizations, the standards have no impact on where employee injuries are occurring. OSHA needs to use the data they are collecting from companies and do a better job using predictive analytics to focus their efforts on areas where they can make an impact.
Thornton: I think OSHA should require the recognition of qualified safety and health professionals for future regulations. Safety professionals will ensure requirements are properly followed and will be able to provide different control options for regulatory compliance. As a result, many more workers would have a safety professional looking out for their interests.
In addition, I think OSHA ought to consider more frequent use of the “negotiated rulemaking” method of developing OSH standards. Although the moniker carries a negative connotation, the concept is that the agency has the authority to bring affected stakeholders and technical experts together and develop “reasonable-yet-protective” OSH standards.
Walaski: Addressing emerging and changing hazards requires a process that is nimble, so relying on OSHA to promulgate regulations is unreasonable given that its process is part of the OSH Act and unlikely to be modified. However, the approaches and voluntary consensus standards that OSH professionals rely on are based on a model that includes all stakeholders and is revisited on a prescribed basis to be revised or reaffirmed.
I would like to see OSHA find a way to incorporate the required use of OSH professionals who use these standards into some of their activities. Perhaps local area directors who are negotiating with employers for the reduction of fines could require consultation as part of negotiations. In a way, this would expand the use of the consultation programs already in place.
Find the original article by clicking here.
US Department of Labor Again Finds Barley Supplier Exposing Workers to Workplace Safety Hazards at Wisconsin Malthouse
A Wisconsin company that supplies malt barley to major craft breweries, home breweries, and other spirit and food production in the Midwest has again been found exposing employees to dangerous workplace hazards by federal safety inspectors.
The U.S. Department of Labor’s Occupational Safety and Health Administration has proposed penalties of $174,351 to Briess Industries of Chilton after inspectors identified two repeated and 14 serious safety and health violations after responding to a complaint of unsafe working conditions at the company’s Manitowoc malthouse in August 2022. Inspectors found workers crafting the malt exposed to machine, respiratory protection, confined space and other hazards.
OSHA found the company – operating as Briess Malt & Ingredients Co. – exposed workers to amputation and other injuries by failing to adequately implement and periodically test procedures for controlling hazardous energy before servicing and maintenance. In 2019, OSHA cited the company for similar violations.
Federal safety inspectors also noted the company did not assess the safety and health hazards of malthouse confined spaces, as required. The company also failed to implement a permit required confined space program and train workers on the confined space hazards. Inspectors also found the company’s safety failures exposed employees to fall hazards from the roof, and entanglement and amputation hazards created by unguarded augers.
Read more > https://www.dol.gov/newsroom/releases/osha/osha20230110
Health and Well-Being Trends to Watch in 2023
Employers in 2023 will face above-average increases in healthcare costs, driven in part by pent-up demand for medical services.
To help employers try to get a handle on what the healthcare landscape will look like next year, The Business Group on Health recently released Trends to Watch in 2023.
“While each trend relates to employer health and well-being strategies, they also exist against the backdrop of the global economy, workforce trends, innovation, and the policy and regulatory environment,” said Ellen Kelsay, CEO of Business Group on Health, in a statement. “As such, factors that range from provider labor shortages to the increased cost of health care will affect employers and employees alike in the year to come.”
Click here for the full article and highlights from that report.
OSHA Record Keeping and Reporting Cheat Sheet
Don’t navigate the complexities of OSHA reporting alone. Download KPA’s OSHA Record Keeping and Reporting Cheat Sheet.
This cheat sheet covers:
Recordkeeping best practices and exemptions
Recordable injuries and illnesses vs. reportable injuries and illnesses
When and how to report events
OSHA Forms 300 and 300A, and electronic record submission
Original article > https://www.safetyandhealthmagazine.com/articles/23375-osha-record-keeping-and-reporting-cheat-sheet
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 Login.gov account to submit their 2022 workplace injury and illness data. Watch the video to learn how.
Read the original article > https://www.osha.gov/news/newsreleases/trade/01092023
Back to Basics: Workplace Stress
Stress impacts the health and mental wellbeing of employees in every industry. According to OSHA, mental health challenges can include clinical mental illness, substance use disorders, and emotions like stress, grief, and feeling sad and anxious, even when these feelings are temporary and not part of a diagnosable condition. Even though workplaces can induce stress, they can also provide resources, solutions, and activities to help improve mental wellbeing.
Read more > https://ehsdailyadvisor.blr.com/2023/01/back-to-basics-workplace-stress/
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.
IHMM Certified Pandemic Preparedness Specialist® [CPPS®] Credential
Dan Blankfeld, CSHM, CSMP, Chair of the Microcredential Task Force, is pleased to announce the release of the IHMM Certified Pandemic Preparedness Specialist [CPPS] credential blueprint. The Task Force received more than 200 suggestions for microcredentials that could be used in conjunction with existing IHMM credentials to add depth to specific knowledge and experience areas. Microcredentials are short, focused credentials designed to provide in-demand skills, know-how and experience.
A Certified Pandemic Preparedness Specialist® (CPPS®) Microcredential holder is first a CHMM or CSHM credentialed professional who has demonstrated, through education, experience, and examination, the ability to identify and assess the risks associated with pathogens and their effect on public health, commerce, industry, and/or government operation. The focus of the CPPS microcredential is to: assess and provide guidance concerning the preparedness levels of different entities, and develop and implement risk-reduction strategies.
The Task Force is making progress on the construction of the CPPS examination at this writing. We look forward to the completion of the examination and launch of the credential to the IHMM community and then begin working with federal officials from the CDC, NIH, and White House Pandemic Innovation Task Force on being better prepared for the next pandemic. Read the March, 2022 release from the White House here.
The new CPPS credential blueprint is found here.
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 > https://ihmm.org/wp-content/uploads/2022/11/OSHA-FY2023-Outreach-Initiatives.pdf
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.
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.
Go to > https://ihmm.org/scholarship/
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.
National Safety Council
IHMM is a member of the National Safety Council and is pleased to bring this important information to all of its certificants.
California adopts non-emergency COVID-19 regulations
OSHA’s proposal on electronic injury and illness data submission moves to final rule stage in latest regulatory agenda
FMCSA denies petition for federal recognition of hair-sample drug testing
Chemical Safety Board to chemical facilities: Remember cold-weather best practices
OSHA seeks nominees for advisory committee
OSHA, MSHA receive smaller-than-expected budget increases for FY 2023
What ASSP Leaders Think OSHA Needs to Do
Q&A: What OSH Professionals Need to Know About DEI and Workplace Safety
Workplace Safety Professionals Invited to DEI Summit
A Safety Professional’s Journey
The Conceptual Toolbox: 6 Ideas For Addressing Workplace Safety Issues
January 19, 2023 – So You’ve Digitized Inspections: What Next?
February 13, 2023 – SafetyFOCUS 2023 Virtual
March 2-30, 2023 – ONLINE COURSE: Safety Management I
March 2-30, 2023 – ONLINE COURSE: Safety Management II
March 3, 2023 – ONLINE COURSE: Enterprise Risk Management for Safety Professionals
IHMM GOVERNMENT AFFAIRS
Beltway Buzz – Ogletree Deakins
The 118th Congress Is Here. Sort of. As required by the U.S. Constitution, the 118th Congress gaveled in on January 3, 2023. If there was any hope that a new year would bring new competence and cooperation within the U.S. Congress, that hope ended quickly, as the election for Speaker of the U.S. House of Representatives abruptly spiraled into an intraparty imbroglio for House Republicans. As of this writing, there is no Speaker of the House, which means that members of the House haven’t been sworn in and the House of Representatives is unable to conduct business. Assuming a Speaker will soon be elected, here is a glimpse of what the Buzz will be watching for in Congress in 2023:
- Chairman Bernie. In the U.S. Senate, Vermont Senator Bernie Sanders is in line to grab the gavel for the U.S. Senate Committee on Health, Education, Labor and Pensions. Expect him to focus on healthcare, union organizing, and workplace safety (particularly in the warehouse, transportation, and logistics industries).
- Republican Investigations. In the House, Republicans are likely to use their oversight authority to shine light on the regulatory agendas of agencies such as the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). These two agencies in particular will be the subjects of multiple information requests, congressional inquiries, and hearings.
- Legislative Gridlock. A divided Congress—with a slim and embattled Republican majority in the House—likely means that our representatives will struggle to pass even the most innocuous legislation, much less major legislative vehicles such as immigration reform or the Protecting the Right to Organize (PRO) Act. This also signals the end (for the next two years) of large reconciliation-driven packages such as the American Rescue Plan Act and the Inflation Reduction Act.
2023 Omnibus Catch-up. Before diving into predictions for 2023, a quick review of the last two weeks is warranted. Our legislators are motivated by deadlines, and the end of the calendar year, the end of the 117th Congress, and a potential government shutdown all combined to push Congress to pass a $1.7 trillion omnibus spending package that included multiple provisions that will impact the workplace. Below is a brief description of the labor and employment policy provisions enacted in H.R. 2617, the “Consolidated Appropriations Act, 2023,” which will fund the federal government through September 2023.
- Pregnant Workers Fairness Act. For a while, prospects of passage of the Pregnant Workers Fairness Act (PWFA) looked bleak, but the bill eventually passed as an amendment to the omnibus. The Buzz has been tracking the PWFA for some time. The new legislation, which will be enforced by the U.S. Equal Employment Opportunity Commission (EEOC), requires employers to provide reasonable accommodation—such as more frequent bathroom breaks or an easing of lifting requirements—to pregnant workers.
- PUMP Act. The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act passed the House of Representatives in October 2021 by a vote of 276–149, with fifty-nine Republicans voting for passage. The bill then sat on Senator Charles Schumer’s desk until the end of December 2022 when the political winds blew favorably and the bill was included—like the PWFA—as an amendment to the omnibus. The new law extends current protections for nursing workers to salaried employees and includes an enforcement mechanism.
- Retirement. Also included in the omnibus package were a handful of retirement-related bills referred to as SECURE 2.0, which aim to encourage individuals’ retirement savings by, among other things, increasing the minimum distribution age and requiring automatic enrollment in retirement plans.
- Immigration Provisions. Although the Equal Access to Green Cards for Legal Employment (EAGLE) Act of 2022 did not make it across the finish line, the omnibus included several immigration-related provisions. The legislation extended the E-Verify program, the special program for nonministerial religious workers, and the Conrad 30 waiver program for doctors practicing in underserved areas. The legislation also authorized the U.S. Department of Homeland Security and the DOL to provide additional H-2B visas beyond the statutory limitation.
- Agency Funding. Of course, the funding bill also accomplished what it was primarily intended to do: fund federal agencies. Here is how the relevant workplace agencies fared:
- For the first time since 2014, the NLRB received increased funding. The Board will add an additional $25 million to its bottom line, bringing its budget to just a bit over $299 million. Importantly, the prohibition on electronic voting remains.
- The EEOC received a $35 million increase to $455 million. The explanatory statement accompanying the bill directed the EEOC to report to Congress within thirty days of the bill’s enactment “on the actions the Commission intends to take in response to the data and recommendations” contained in the National Academies of Sciences, Engineering, and Medicine report on the EEOC’s flawed pay data collection. The statement also encouraged the EEOC to resuscitate the National Equal Pay Enforcement Task Force.
- The DOL’s Wage and Hour Division received a $9 million increase to $260 million.
- The Occupational Safety and Health Administration (OSHA) received a $20 million increase to a little over $632 million.
FTC Proposes Ban on Noncompete Agreements. Christine Bestor Townsend, Tobias E. Schlueter, and Collin K. Brodrick have everything you need to know about the Federal Trade Commission’s (FTC) notice of proposed rulemaking to ban the use of noncompete agreements. While the timing of the proposal was a surprise (it never appeared on any of the three previous regulatory agendas released since the Biden administration came into office), the regulated community knew that something was coming. On the campaign trail, then-candidate Joe Biden promised to “eliminate all noncompete agreements.” President Biden took steps to follow through with this promise by installing Lina Khan as chair of the FTC and issuing the highly controversial antitrust executive order. As the Buzz has documented, there is also the memorandum of understanding between the NLRB and the FTC that specifically targets noncompetes, as well as the U.S. Department of the Treasury’s report on alleged uncompetitive practices. A lot of political capital is behind FTC’s effort this week. The U.S. Chamber of Commerce has already blasted the proposal as “blatantly unlawful.”
Fall 2022 Regulatory Agenda Finally Unveiled. The administration released its Fall 2022 regulatory agenda … on January 4, 2023. Here is what the regulatory roadmap looks like for the DOL:
- Wage and Hour Division
- Overtime. A proposal to amend the Fair Labor Standards Act’s (FLSA) overtime regulations is scheduled for May 2023.
- Independent Contractor. Comments on the proposal to amend the FLSA independent contractor regulations closed on December 13, 2022. A final rule is expected to be issued in May 2023.
- Davis-Bacon Act. A final rule amending the Davis-Bacon Act’s implementing regulations is slated for February 2023.
- “Walkaround Representative.” This proposal, which is scheduled to issue in May of 2023, would codify OSHA’s controversial 2013 “walkaround” letter.
- COVID-19 in Healthcare Settings. The Office of Information and Regulatory Affairs completed its review of the final rule. A final rule was scheduled to be issued in December 2022, so it can happen at any point now. (John D. Surma and Savannah M. Selvaggio have the details.)
- Injury and Illness Recordkeeping. A final rule is expected in March 2023.
- Heat Stress and Illness. The Small Business Regulatory Enforcement Fairness Act (SBREFA) process is scheduled to begin in January 2023.
- Workplace Violence in Health Care and Social Assistance. A SBREFA panel was scheduled to begin in late December 2022 or early this year.
- Modernization. In April 2023, the Office of Federal Contract Compliance Programs (OFCCP) intends to issue a proposal to “modernize” its obligations for federal contractors and subcontractors.
- Pre-enforcement Notice and Conciliation Procedures. In March 2023, OFCCP is expected to finalize a rule amending its procedures for conducting investigations of federal contractors and subcontractors.
- Subcontractor Disclosure. In March 2023, OFCCP is expected to issue a proposal “requiring contractors to provide notice to OFCCP when they award supply and service subcontracts.” The purpose of the proposal is to make it easier for “the agency to schedule supply and service subcontractors for compliance evaluations.”
- Religious Exemption Rule. More than one year in the making, a final rule rescinding OFCCP’s 2020 rule regarding the religious exemption contained in Executive Order 11246 was scheduled to be issued in December 2022.
Employment-Based Immigration Fees to Skyrocket. On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) proposed changes to its fee schedule. Based on the proposal, it appears that USCIS is trying to make up for funding shortages that have plagued the agency over recent years. Some of the proposed employment based increases include the following:
- H-1B petitions would increase from $460 to $780 (a 70 percent increase).
- H-1B Pre-Registration program fee would increase from $10 to $215 (a 2,050 percent increase).
- L-1 petitions would rise from $460 to $1,385 (a 201 percent increase).
- O-1 petitions would increase from $460 to $1,055 (a 129 percent increase).
According to the proposal, the increases are necessary “due to expanded humanitarian programs, higher demand, increased processing times, and a need for more USCIS employees.” Of course, increasing the fees is unlikely to resolve ongoing processing delays at USCIS. Comments are due by March 6, 2023.
HAZARDOUS MATERIALS SOCIETY
IHMM and HMS
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
CE-1112: CDGP® Exam Prep – Columbia Southern University – Available On Demand
CHMM® Prep Courses
Daily – CHMM® Online Review – Bowen
Daily – CHMM® Prep Course – Institute of Safety & Systems Management
Daily –Certified Hazardous Materials Managers (CHMM®) Exam Prep – SPAN Exam Prep, Division of ClickSafety
CSHM® Prep Courses
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 > 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.
- Go to https://hazmatsociety.org/education-training/
- 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 > https://hazmatsociety.org/professional-liability-insurance/
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.
There are 823 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 CONFERENCES FOR 2023
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.
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 3, 2023
ASSP Safety Conference and Exposition
San Antonio, TX
June 5-7, 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.