EHS Professional – March 7, 2024

IHMM Enters Its 40th Year

On December 3, 1984 the Institute of Hazardous Materials Management was created with the Certified Hazardous Materials Manager® [CHMM®] credential.  John H. Frick, Harold M. Gordon, John J. McCambridge, and Richard A. Young created what would become an Institute that offers 11 professional credentials across Hazardous Materials/Dangerous Goods and EHS Work Place Safety communities of practice in all 50 of the United States and 85 other countries.

IHMM thanks its hundreds of volunteer leaders, thousands of certificants and companies who support IHMM through strengthening its ability to extend its reach and allow us all to live up to why we exist our vision, and our mission…

Why We Exist

Our Vision

Our Mission

IHMM Organizing Broader Government Affairs Activities – Call for Volunteers

In strategic planning on August 17, 2023 IHMM created a strategic imperative to create a broader government affairs operation on behalf of, and with the assistance of, all of IHMM’s certificants.

If you want to make a difference in the recognition of your credentials and build on the successful record we have achieved thus far – we need you to volunteer. Learn more by visiting our Government Affairs Committee page, and get involved with government affairs. You can volunteer for one, two, three or all four of the segments of the committee’s work. That’s up to you!

Beltway Buzz, Ogletree Deakins

Latest Government Shutdown Avoided. Another week in Washington, D.C., and our legislators have avoided yet another shutdown. At least this time, there seems to be a bit of a plan to put a bow on this debate once and for all (until, of course, discussions begin for the fiscal year (FY) 2025 spending kickoff). Here is what happened this week. With spending for certain government functions set to expire on March 1, 2024, the U.S. Congress passed—and President Biden signed—a continuing resolution that will extend six government funding bills (including funding for the U.S. Equal Employment Opportunity Commission (EEOC)) until March 8, 2024, and a remaining six bills (including funding for the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB)) until March 22, 2024. There is still a ways to go before this matter is completely wrapped up, but the initial threat of a federal shutdown this week has been avoided.

Senate Committee (Barely) Approves Su (Again). On February 27, 2024, during a closed-door meeting, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) voted to advance the nomination of Julie Su to be secretary of labor. The 11–10 party-line vote (with no Republicans voting for Su) was the second time the HELP Committee had voted to approve Su’s nomination (and with an identical vote tally). In a speech this week on the floor of the U.S. Senate, Senator Bill Cassidy (R-LA), ranking member of the committee, noted that since Su’s original nomination in 2023, “concerns over Ms. Su’s leadership of DOL have grown.” Senator Cassidy also noted that he had made a formal request of Committee Chair Bernie Sanders (I-VT) to hold a hearing for Su, but “the Chair denied our request and is instead ramming through Ms. Su’s nomination behind closed doors without a full public hearing in the Committee.” Senator Cassidy continued, “The Chair’s decision to not hold a public hearing on Ms. Su is unacceptable and shows a lack of transparency from the Majority. It undermines the Committee’s constitutional duty to advise and consent on presidential nominees.” The next step for Su is a vote on the Senate floor, though it is unclear how or why she may have the necessary votes this time around.

EEOC Announces 2023 EEO-1 Reporting Window. The EEOC has announced that the 2023 EEO-1 Component 1 data collection will open on April 30, 2024, and employers will have until June 4, 2024, to file their reports. Of course, the Buzz will be watching for future attempts by the Commission to amend the EEO-1 report to require the disclosure of employee wage and hours worked data. To that end, in approving this EEO-1 information collection, the Office of Management and Budget (OMB) noted the following: “OMB also recommends that EEOC seek the input of affected stakeholders about any revisions as early as possible, and provide respondents with ample notice before making revisions in order to minimize burdens.” James A. Patton, Jr., and Kiosha H. Dickey have the details.

H-1B Registration Kicks Off With New Process. The FY 2025 H-1B cap lottery selection process will open at noon on Wednesday, March 6, 2024. Pursuant to the rule finalized by U.S. Citizenship and Immigration Services (USCIS) on February 2, 2024, (“Improving the H-1B Registration Selection Process and Program Integrity”), the beneficiary-centric selection procedure will be implemented for H-1B visa holders, in which “[e]ach unique beneficiary who has a registration submitted on their behalf will be entered into the selection process once, regardless of how many registrations are submitted on their behalf.” The changes are intended to increase the integrity of the process and reduce fraud.

OSHA Reporting Deadline. March 2, 2024, is the deadline for covered employers to electronically submit their required injury and illness reporting information to the Occupational Safety and Health Administration (OSHA).

OFCCP Seeks Fed Contractor Data. In a surprise move that was not forecasted in recent regulatory agendas, late last week the Office of Federal Contract Compliance Programs (OFCCP) published a notice of its intent to resurrect the Monthly Employment Utilization Report (CC–257). According to the notice, “With the proposed CC– 257, construction contractors will provide information on employee work hours and employee count by race/ ethnicity, gender, and trade in the covered area.” Covered construction contractors would be required to provide this information to OFCCP on a monthly basis. Despite the proposed change in policy and the potential costly burden on contractors, OFCCP is proposing this change via the Paperwork Reduction Act, rather than through the Administrative Procedure Act’s rulemaking process. Emily M. Halliday and Lauren B. Hicks have the details.

A Commanding Vote. On February 28, 2024, the U.S. House of Representatives passed, by a vote of 348–55, the D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act (H.R. 4984). If enacted, the bill would require the secretary of the interior to transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the District of Columbia. Looking down the road, the bill would potentially enable the National Football League’s Washington Commanders to play their home games on the site (the franchise played at RFK Stadium from 1961 through 1996). The Commanders currently play their home games in Maryland, and judging from the vote tally on the bill, it looks like Maryland wants to keep it that way. Of eight representatives from Maryland, seven voted against the bill, and one—Representative Jamie Raskin (D)—did not vote.

Professional Certification Coalition

IHMM is a member of the PCC. The PCC monitors state and federal legislative and regulatory activity affecting professional certification on an ongoing basis. The PCC has compiled several “Watchlists” identifying and analyzing provisions in pending legislation at both the state and federal level that, under applicable rules, may still be enacted in the current legislative session.  Depending on the carry-over rules in the relevant legislature, the charts listing current legislation may include bills introduced in a prior year.  In addition, the PCC compiles each year a chart of enacted legislation that affects certification. The charts include hyperlinks to every bill or executive order. Note that the Watchlist and the Enacted Legislation document do not include profession-specific legislation and do not include regulatory initiatives. The charts will be updated as needed based on new developments.

State legislation tracked this week…

• 2023 Accomplishments and 2024 Priorities

Daylight Saving: Suggestions to Help Workers Adapt to the Time Change

Spring forward Fall back. Once again, the change comes this Sunday.

We all know the saying to help us remember to adjust our clocks for daylight saving time changes (this Sunday in case you are wondering). But, what can we do to help workers adjust to the effects of the time change?  A few studies have examined these issues but many questions remain on this topic including the best strategies to cope with the time changes.

By moving the clocks ahead one hour in the Spring, we lose one hour which shifts work times and other scheduled events one hour earlier. This pushes most people to have a one hour earlier bedtime and wake up time. In the Fall, time moves back one hour.  We gain one hour which shifts work times and other scheduled events one hour later thereby pushing most people to have a one-hour later bedtime and wake-up time.

Read more.

EPA – Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review

This document is unpublished. It is scheduled to be published on 03/08/2024.

Once it is published it will be available on this page in an official form. Until then, you can download the unpublished PDF version.

Although we make a concerted effort to reproduce the original document in full on our Public Inspection pages, in some cases graphics may not be displayed, and non-substantive markup language may appear alongside substantive text. If you are using public inspection listings for legal research, you should verify the contents of documents against a final, official edition of the Federal Register. Only official editions of the Federal Register provide legal notice of publication to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507. Learn more here.

Does Your Training Content and Software Align with OSHA Regulations?

Effective workplace training should include the right training software and content to ensure compliance and enhance workplace safety.

Just like with any governing body, understanding and addressing OSHA requirements can feel daunting. After all, they have published nearly 1,000 standards across four main categories: Construction, Maritime, Agriculture and General Industry.

In many cases, an OSHA regulation is straightforward regarding what is required, but when it comes to employer-provided safety training, things can get a little unclear. There are currently more than 100 OSHA standards where training is required — and things are not consistent from one to another.

Keep reading to learn about some of the different nuances of OSHA requirements and how to identify the right training software and training content that will help you meet — and even exceed — your training needs.

Read more by clicking here.

Public Comment Period on Draft Guidance for Future CSO Permitting

On February 20, 2024, EPA announced in the Federal Register that it is seeking public comment on the Draft Guidance for Future National Pollutant Discharge Elimination System (NPDES) Permits for Combined Sewer Systems. This draft guidance highlights the available paths forward for permitting communities with combined sewer overflows (CSOs) at the next stage in their programs. It summarizes options under the Clean Water Act that are articulated in the original 1994 CSO Control Policy as well as the option to use EPA’s 2012 Integrated Planning Framework to look holistically at future investments.

Comments on the draft guidance can be submitted at http://www.regulations.gov under Docket ID: EPA–HQ–OW–2023–0475. The comment period ends on March 21, 2024.

For any questions related to this announcement, please contact [email protected].

Inside EPA Updates

EPA Officials ‘Very Focused’ On Looming CRA Deadline For ‘Priority’ Rules

EPA’s policy chief is acknowledging that officials are striving to avoid the risk that “priority” regulations could be quickly rescinded by a hostile Congress and president next year, as the agency faces a deadline later this spring to avoid such a scenario under the Congressional Review Act (CRA).

GOP States Push Constitutional Claims In Legal Attack On Amended WOTUS

A coalition of 24 Republican state attorneys general (AG) is stepping up its constitutional claims over the Biden administration’s final “waters of the United States” (WOTUS) rule, warning that it is plagued by violations of Due Process, the Commerce Clause, the major-questions doctrine, and the Tenth Amendment.

Climate Penalty’ Worsening Air Pollution, Sharpening EPA Policy Dilemma

Recent studies are projecting that a warming climate is significantly worsening air quality in the United States, thwarting efforts to cut pollution and meet EPA’s tougher fine particulate matter (PM2.5) standards as well as its existing ozone limits, even as scientific evidence continues to suggest health harms at ever lower levels of pollution.

EPA Drops Existing Gas Plants From GHG Rule But Eyes Future Measure

EPA is announcing plans to scale back the scope of its pending power plant greenhouse gas standards by removing proposed controls on existing natural gas plants, though the agency is coupling the move with a pledge to tackle those facilities’ emissions as part of a broader multi-pollutant strategy addressing GHGs, criteria pollutants and air toxics.

EPA Readies ‘Imminent’ PFAS Order Under Lagging TSCA Testing Strategy

EPA’s TSCA office is preparing for “imminent” release of a fourth PFAS testing order as part of its strategy for gathering data on the chemicals, while officials wrestle with how to broaden the program’s scope, an EPA toxics official told the agency’s recent closed-door “workshop” on ways to bolster the lagging testing program

–Inside EPA

U.S. Department of Education Opens Applications for Two K-12 Mental Health Programs to Increase the Number of Mental Health Providers in Schools

The U.S. Department of Education (Department) today opened applications for the School-Based Mental Health and Mental Health Service Professional Demonstration grant competitions to help bolster the pipeline of mental health professionals serving in schools and expand student access to school-based mental health services and supports.

President Biden named tackling the mental health crisis, particularly among youth, a key pillar in his Unity Agenda for the nation. And, in line with the Administration’s goals, these programs play a key role in doubling the supply of qualified mental health professionals in our nation’s schools. These newly-opened applications build on the progress made through the Bipartisan Safer Communities Act to advance the Biden-Harris Administration’s efforts to integrate mental health services into our schools as part of the President’s National Mental Health Strategy. Many school districts across the country are facing an increased need for mental health services for their students, while at the same time, often struggling to find qualified mental health professionals to provide these services. The Administration has continued to request additional funding to sustain and expand efforts nationwide to provide more school-based health services, and pending appropriations the Department anticipates making approximately $38 million available across both competitions in Fiscal Year 2024.

Read more by clicking here.

EPA – Waste Emissions Charge for Petroleum and Natural Gas Systems

OSHA and MSHA will host events leading up to Workers Memorial Day

Ahead of Workers Memorial Day, which will take place April 28, OSHA and the Mine Safety and Health Administration will host events to honor and recognize workers who lost their lives on the job.

Scheduled events will begin with OSHA’s virtual Awareness Conference, set for 8:45 a.m. Eastern on April 22. The next day, the agencies will host virtual sessions on the families of fallen workers, among other topics.

A Workers Memorial Expo is set for 9 a.m.-4 p.m. Eastern on April 24 at the Frances Perkins Building in Washington, D.C. On April 25, OSHA and MSHA staff will gather in the same building to honor fallen workers with a ceremony and a wreath-laying event, which can be viewed via Zoom from 1-2:15 p.m. Eastern.

Registration is required to attend each event virtually or in-person.

Read the original article by clicking here.

EPA – Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors Voluntary Remand Response and 5-Year Review

The EPA is proposing amendments to the new source performance standards (NSPS) and emission guidelines (EG) for large municipal waste combustion (MWC) units. These proposed amendments reflect the results from a reevaluation of the maximum achievable control technology (MACT) floor levels, a 5-year review, and the removal of startup, shutdown and malfunction exclusions and exceptions. These proposed amendments also streamline regulatory language, revise recordkeeping and electronic notification and reporting requirements, re-establish new and existing source applicability dates, clarify requirements for certain air curtain incinerators, close a 2007 proposed reconsideration action, correct certain typographical errors, make certain technical corrections, and clarify certain provisions in the NSPS and EG. These proposed amendments would revise all emission limits in the EG, except for carbon monoxide (CO) limits for two subcategories of combustors, and all nine emission limits in the NSPS. The EPA is reevaluating the MACT floors in response to the EPA’s voluntary remand of the large MWC rules following a petitioner’s request that the EPA review the MACT floors for large MWC units in consideration of a D.C. Circuit Court decision on MACT floor issues. The 5-year review is required by the Clean Air Act (CAA). The proposed amendments would result in an estimated 14,000 tons per year reduction in regulated pollutants.

DATES:

Comments must be received on or before March 25, 2024. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before February 22, 2024.

Public hearing: If anyone contacts us requesting a public hearing on or before January 29, 2024, we will hold a virtual public hearing. See SUPPLEMENTARY INFORMATION for information on requesting and registering for a public hearing.

Read the proposed amendments here.

Understanding Firearm-Related Injury and School Violence

Episode 4: Anonymous Reporting Systems

In this episode, Dr. Libby Messman shares how anonymous reporting systems can be crucial in maintaining a safe and secure environment. We delve into the research surrounding the effectiveness of anonymous reporting systems and provide an overview of the existing systems currently in place.

Listen Here

Expert Video: School Threat Assessment in Florida

In this video, Dr. Jenn Maeng presents findings from a new technical report on threat assessment. The report examines Florida threat assessment case data from the 2021-2022 school year, highlighting outcomes for over 22,000 cases.

• 3/8 – Enhancing School Safety Using Behavioral Threat Assessment Webinar
  Hosted by The National Center on Safe Supportive Learning Environments
• 4/4 – Preventing Mass Attacks in Our Communities Webinar Hosted by the U.S. Secret Service National Threat Assessment Center

School Threat Assessment Toolkit

The School Threat Assessment Toolkit, releasing 3/6, offers schools guidance on employing behavioral threat assessment (TA) and management to prevent violence. Developed with input from various experts and organizations, it provides training, implementation, and assessment tools for school TA teams while safeguarding student rights. Learn more here.

The Mining Industry and Reproductive Health: Protecting Pregnant Workers

Mining remains a male-dominated industry: the analytics firm McKinsey estimates that women comprise only 8 to 17 percent of the global mining workforce. Women are more likely to leave this industry before reaching middle management positions and often report being sidelined by their colleagues, struggling to access advanced leadership and technical positions, and having difficulty adapting to company cultures, McKinsey finds. According to a survey of Australian mining industry workers, 35 percent of women respondents had experienced sexist hostility within the past 12 months. OEHS professionals can expect workplace discrimination to affect women in mining in other countries, too.

Read more here.

• Over 20 percent of REACH registration dossiers checked for compliance

• Ad hoc consultation on harmonised classification and labelling

• Consultation on derogation to the exclusion criteria

• Notify Capsicum oleoresin expeller pressed in product-type 19

• Public hearing: SCHEER guidelines on presence of phthalates in certain medical devices

IHMM Credential Recognition

The highest priority of IHMM’s Government Affairs Committee is the recognition of IHMM’s credentials by government. We have made substantial progress in the two years we have undertaken this endeavor, as outlined in detail here > https://ihmm.org/credential-recognition/

In this project we have 45-in-5, increasing the number of states that recognize IHMM credentials.

• 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 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

FET Environment 2024

October 29, 30, 31, 2024

Marriott Milwaukee West, Waukesha, WI