IHMM Today April 16, 2024

Inside IHMM

A Collaborative Culture

There are 1,304 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]

IHMM Proposes Changes in Government Recognition of Credentials

IHMM submitted comments on OSHA Advisory Committee on Construction Safety and Health (ACCSH): Notice of Meetings concerning OSHA-2024-0002-0007, and highlighted the creation of IHMM’s Certified Pandemic Preparedness Specialist [CPPS] credential.

State of Maine Department of Environmental Protection is proposing to update Chapter 851, Standards for Generators of Hazardous Waste. In the current regulation, work is required by a professional engineer. IHMM is proposing to include an environmental professional as defined by 40 CFR §312.10.

Beltway Buzz – Ogletree Deakins

DOL OT Rule Imminent. On April 10, 2024, the Office of Information and Regulatory Affairs completed its review of the U.S. Department of Labor’s rule that makes changes to the overtime regulations implementing the Fair Labor Standards Act. This means that the new rule could be published any day now. As a reminder, the proposed regulation increased the salary basis threshold to at least $55,068 per year.

U.S. Senate Sends Joint-Employer Rescission to POTUS. On April 10, 2024, the U.S. Senate voted 50-48 to approve a Congressional Review Act resolution rescinding the National Labor Relations Board’s (NLRB) joint-employer rule. Senators Joe Manchin (D-WV), Kyrsten Sinema (I-AZ) and Angus King (I-ME) voted with Republicans to rescind the rule that NLRB Member Marvin Kaplan described as “an unprecedented and unwarranted expansion of the Board’s joint-employer doctrine.” The U.S. House of Representatives passed a resolution to rescind the rule back in January 2024. Accordingly, the resolution will head to President Biden’s desk, and the White House has already stated that the president will veto the resolution. But while the president’s expected rejection of Congress may have political ramifications, readers should recall that the U.S. District Court for the Eastern District of Texas already struck down the Board’s joint-employer rule and reinstated the Board’s 2020 rule.

NLRB: Election Petitions, ULPs Increase. According to a recent National Labor Relations Board press release, both representation petition filings and unfair labor practice (ULP) charges have increased during the first six months of fiscal year (FY) 2024, when compared with the same period in FY 2023. Between October 1, 2023, and March 1, 2024, 1,618 representation petitions were filed, compared to 1,199 during the first half of the previous fiscal year—an increase of 35 percent. According to the press release, this increase “is driven by a spike in employer-filed RM-petitions … accompanied by an uptick in employee-filed RC-petitions” after the Board adopted its new recognition standard. Unfair labor practice charges increased from 9,612 in the first half of FY 2023 to 10,278 in the previous six months—a 7 percent  increase. The press release concludes with the agency bemoaning how underfunded it is, as Congress is in the early stages of FY 2025 funding debates, despite just wrapping up FY 2024 funding several weeks ago.

Fed Agencies Release Joint Statement on AI Enforcement. On April 4, 2024, nine federal agencies, including the Department of Labor (DOL), the Equal Employment Opportunity Commission, the Consumer Financial Protection Bureau, and the Department of Justice, released a “Joint Statement on Enforcement of Civil Rights, Fair Competition, Consumer Protection, and Equal Opportunity Laws in Automated Systems.” The statement, which doesn’t contain any new guidance and simply chronicles previous examples of the signatory agencies’ efforts regarding artificial intelligence, is perhaps meant to serve as a precursor to guidance that is expected later this month from the DOL and other agencies pursuant to President Biden’s October 2023 executive order on artificial intelligence. The statement concludes with the following: “Today, our agencies reiterate our resolve to monitor the development and use of automated systems and promote responsible innovation. We also pledge to vigorously use our collective authorities to protect individuals’ rights regardless of whether legal violations occur through traditional means or advanced technologies.”

NLRB GC Continues to Seek Expanded Remedies. The NLRB’s general counsel has been clear about her intentions to expand the types of remedies available in situations involving unlawful workplace conduct. This week, she issued a memorandum to NLRB Regional Directors explaining that they should seek expanded remedies in cases involving unlawful work rules because “mere rescission of an overbroad, unlawfully promulgated, or unlawfully applied rule or contract term does not expunge discipline imposed under those unlawful provisions or retract related legal enforcement actions, and thus fails to make impacted employees whole.” According to the memorandum, in addition to rescinding an unlawful rule, “Regions should seek settlements that include make-whole relief for employees who were disciplined or subject to legal enforcement as a result of an unlawful work rule or contract term.”

Senate Committee Scrutinizes Arbitration Agreements. On April 19, 2024, the U.S. Senate Committee on the Judiciary held a hearing entitled, “Small Print, Big Impact: Examining the Effects of Forced Arbitration.” Hearing witnesses and senators—both Democrat and Republican—who oppose arbitration used the hearing to promote existing bills that erode the arbitration process. These bills, which were introduced following passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act in 2022, include the “Protecting Older Americans Act of 2023,” which would prohibit arbitration of age related discrimination clams and is co-sponsored by Republican senators Lindsey Graham (R-SC) and Chuck Grassley (R-IA). The hearing also covered the Ending Forced Arbitration of Race Discrimination Act of 2023 and the Forced Arbitration Injustice Repeal (FAIR) Act .

House Committee Examines Portable Benefits. On April 11, 2024, the House Education and the Workforce Subcommittee on Workforce Protections held a hearing entitled “Unlocking Opportunity: Allowing Independent Contractors to Access Benefits.” As the title implies, the hearing focused on the concept of portable benefits for independent contractors. According to Subcommittee Chair Kevin Kiley (R-CA), pigeon-holing workers into the “employee” or “independent contractor” buckets might not be ideal in the modern economy, and an option moving forward might be to “transition to a new model in which benefits are attached to the worker and not the employer.” While a portable benefits framework on the federal level is likely still a long ways away, this week’s hearing is perhaps a sign of where this debate may be heading.

EPA Issues PFAS Water Rule – Indiana AG Files Lawsuit

On April 10, 2024, the EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS.  To inform the final rule, EPA evaluated over 120,000 comments submitted by the public on the rule proposal, as well as considered input received during multiple consultations and stakeholder engagement activities held both prior to and following the proposed rule. EPA expects that over many years the final rule will prevent PFAS exposure in drinking water for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious PFAS-attributable illnesses. Read more here.

The same day EPA released the PFAS water rule, the Office of the Indiana Attorney General filed a lawsuit against 22 companies, alleging that they knew the health risks and potential damages caused by so-called “forever chemicals” that they manufactured. The lawsuit includes this text referencing to the new MCL:

“As adopted as a final rule on April 10, 2024, the MCLs will require public water systems across the United States to monitor for these PFAS, notify the public of detections, and take action to remove PFAS concentrations above those levels”

Read the Indiana AG lawsuit here.

National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review

This action finalizes the residual risk and technology review (RTR) conducted for the Commercial Sterilization Facilities source category regulated under national emission standards for hazardous air pollutants (NESHAP) under the Clean Air Act. The EPA is finalizing decisions concerning the RTR, including definitions for affected sources, emission standards for previously unregulated sources, amendments pursuant to the risk review to address ethylene oxide (EtO) emissions from certain sterilization chamber vents (SCVs), aeration room vents (ARVs), chamber exhaust vents (CEVs), and room air emissions, and amendments pursuant to the technology review for certain SCVs and ARVs. In addition, we are taking final action to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including removing exemptions for periods of SSM. We are also taking final action to require owners and operators to demonstrate compliance through the use of EtO continuous emissions monitoring systems (CEMS), with exceptions for very small users of EtO; add provisions for electronic reporting of performance test results and other reports; and include other technical revisions to improve consistency and clarity. We estimate that these final amendments will reduce EtO emissions from this source category by approximately 21 tons per year (tpy).

DATES:

This final rule is effective on April 5, 2024. The incorporation by reference (IBR) of certain material listed in the rule is approved by the Director of the Federal Register April 5, 2024. The incorporation by reference (IBR) of certain other material listed in the rule was approved by the Director of the Federal Register before February 27, 2021.

Federal Register Here

Hazardous Materials: Information Collection Activities

Action

Notice and request for comments.

Summary

In accordance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requests (ICRs) discussed below will be forwarded to the Office of Management and Budget (OMB) for renewal and extension. These ICRs describe the nature of the information collections and their expected burdens. A Federal Register notice and request for comments with a 60-day comment period on these ICRs was published in the Federal Register on January18, 2024 [89 FR 3494] under Docket No. 2024-0001 (Notice No. 2024-01). PHMSA received a comment from the National Propane Gas Association in support of the burden estimates for the three OMB control numbers outlined in the 60-day notice.

Document

View PDF

Safe + Sound Week 2024

Safe + Sound Week will be held from August 12-18, 2024.

Registration will open in July. Resources on how to participate will be released in the coming months. Stay tuned for more information! In the meantime, visit the Safe + Sound event archive to view participation from previous years.  

NIOSH Mental Health Resources

NIOSH launched an Impact Wellbeing Guide: Taking Action to Improve Healthcare Worker Wellbeing. This Guide offers six concrete Action Steps that hospital leaders can take to accelerate or supplement professional well-being efforts in their hospitals. It was developed in partnership with the Dr. Lorna Breen Heroes Foundation and tested in six CommonSpirit hospitals across the U.S.

Participate in the Fall Stand-Down

The 11^th Annual National Safety Stand-Down to Prevent Falls in Construction will take place from May 6-10, 2024. Join us to help prevent fall hazards in the workplace by participating in the Stand-Down.

PHMSA 2024 Emergency Response Guidebook and Mobile application is Now Available!

Quickly Identify Hazardous Materials Emergency Procedures

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) on Friday announced the publication of the 2024 Edition of its Emergency Response Guidebook (ERG). This newly revised manual is free of charge to emergency responders and provides guidance on what to do during the initial stages of a hazmat transportation incident.

“The United States is home to the largest and most sophisticated hazardous materials transportation network in the world,” said Secretary of Transportation Pete Buttigieg. “To keep this network safe and running, we’ve updated the Emergency Response Guidebook and are distributing almost two million copies to first responders across the country.”

The ERG contains an indexed list of hazardous materials and their associated ID numbers, general hazards they pose, and recommended safety precautions. PHMSA will distribute more than 1.8 million copies of the guidebook to firefighters and other first responders across the country.

“For more than 50 years, the Emergency Response Guidebook has provided emergency responders with critical information on how to respond to hazmat incidents,” said PHMSA Deputy Administrator Tristan Brown. “PHMSA is proud to develop and distribute this critical safety resource that supports the heroic men and women who are on the frontlines of hazmat safety.”

Deliveries of the ERG began in February and will continue throughout 2024. The ERG is available to public safety agencies in all states, territories, and tribal entities for free through their designated state emergency management coordinators’ offices. PHMSA has also developed a free ERG app for IOS and Android.

PHMSA Publishes Final Rule HM-219D

Now Available: Expanded Hazardous Materials Commodity Flow Statistics

The U.S. Census Bureau and PHMSA’s OHMS jointly developed the 2021-2022 Expanded Hazmat Supplement (EHS), a first-of-its-kind dataset for public release. This dataset is an expansion of the 2022 Commodity Flow Survey (CFS), informed by supplemental questions about hazardous materials and new data from hazmat shippers who use DOT-regulated specification packaging.

This data includes types of hazmat shipped, packaging specifications, quantity and weight of hazmat, and the primary mode of transportation. Making this data available will help to enhance public and first responder safety, research and data-driven decision-making, social and environmental responsibility, and risk assessment and mitigation.

Access the dataset here

EPA Proposes to Require Submission of Health and Safety Studies for 16 Chemicals Being Considered for TSCA Risk Evaluation

EPA published on March 26, 2024, a proposed rule requiring manufacturers (including importers) of 16 chemical substances to submit copies and lists of certain unpublished health and safety studies to EPA. 89 Fed. Reg. 20918. EPA identified 15 of the chemical substances as potential candidates for prioritization through a screening process based on a combination of hazard, exposure (including uses), and persistence and bioaccumulation characteristics. EPA also included the N-(1,3-Dimethylbutyl)-N’-phenyl-p-phenylenediamine (6PPD) transformation product 2-anilino-5-[(4-methylpentan-2-yl) amino]cyclohexa-2,5-diene-1,4-dione (6PPD-quinone) due to a response to a recent citizen’s petition filed under Section 21 of TSCA on 6PPD and 6PPD-quinone. According to the proposed rule, health and safety studies sought by this action will help inform EPA’s responsibilities pursuant to TSCA, including prioritization, risk evaluation, and risk management. Comments are due May 28, 2024. For more information on the proposed rule, please read the full memorandum.

Read more here

National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review

EPA Bans Ongoing Uses of Asbestos

Harmonizing TSCA Consent Orders with OSHA HCS 2012

May 14, 2024
11:00 a.m. – 12:00 p.m. (EDT)
Register Now

Register now to join Bergeson & Campbell, P.C. (B&C^®) for “Harmonizing TSCA Consent Orders with OSHA HCS 2012,” a complimentary webinar covering case studies and practical applications of merging the requirements for consent order language on the Safety Data Sheet (SDS).

Toxic Substances Control Act (TSCA) consent orders and Significant New Use Rules (SNUR) are issued under Section 5 for specific chemicals. These U.S. Environmental Protection Agency (EPA) consent orders and SNURS often include requirements to add hazard communication language to SDSs. Communicating this language to commercial partners can be challenging as implementing these measures must be harmonized with requirements under the U.S. Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS). Simultaneously fulfilling the requirements of both TSCA and OSHA HCS is critical for companies that are preparing HCS elements for products used in the workplace. This webinar explores these challenges and offers suggestions to resolve them.

TSCA Reform – 8 Years Later

June 26, 2024, 8:00 a.m. – 5:30 p.m. (EDT)
George Washington University Milken Institute School of Public Health, Washington, D.C., and via livestream

Save the date to join Bergeson & Campbell, P.C. (B&C^®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health for a day-long conference reflecting on the challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the Toxic Substances Control Act (TSCA) stands today. This year, the conference will be held in person at the George Washington University Milken Institute School of Public Health (and will be livestreamed via YouTube). CLE will be offered in select states for in-person attendees only. Please check ELI’s event page in the coming weeks for more information, including an agenda, CLE information, registration, and more. If you have questions in the meantime, please contact Madison Calhoun ([email protected]).

US Department of Labor issues final rule to clarify rights to employee representation during OSHA inspections

The U.S. Department of Labor on March 29th announced a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration compliance officer during an inspection of their workplace will be published in the Federal Register on April 1.

The Occupational Safety and Health Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorize another employee to serve as their representative or select a non-employee. For a non-employee representative to accompany the compliance officer in a workplace, they must be reasonably necessary to conduct an effective and thorough inspection.

The final rule is here

Federal Register Notice here

The rule is effective May 31, 2024

EPA Issues Draft Risk Evaluation for Formaldehyde, Preliminarily Finds That Formaldehyde Poses Unreasonable Risk to Human Health

2024 National Safety Stand Down to Prevent Falls in Construction

In advance of the 11^th Annual National Safety Stand-Down to Prevent Falls in Construction on May 6 – 10, 2024, we want to share several new tools and resources to assist workplaces in preparing for and participating in the Stand-Down, as well as ways to get involved:

• 2024 Fall Stand Down Poster
• 2024 Stand-Down officially announced:
  • February 1, 2024 OSHA QuickTakes

• Resources and Handouts:
  • 2024 Fall Stand-Down Poster (English/Spanish) (also attached)
  • Hardhat Stickers and Hazard Alert Cards

• Get Involved:
  • If you plan to host a free event that is open to the public and want to post your event on OSHA’s webpage, you may submit the event details here or contact your Regional Stand-Down Coordinator to learn more.
  • Do you have fall prevention resources in other languages? We would love to include them in our Fall Prevention Resources: Additional Languages Page. Please send resources to Jessica Bunting: [email protected]

As a reminder, anyone who wants to prevent fall hazards in the workplace can participate in the Stand-Down. Companies can conduct a Safety Stand-Down by taking a break for a toolbox talk or other safety activities such as conducting safety equipment inspections, developing rescue plans, or discussing job-specific hazards. Consider planning a stand-down event that works for your workplace.  See Highlights from Past Stand-Downs.

STOP TTA Quarterly Meetings (Spring 2024) – STOP Grantees

Join us for a networking event featuring guest speaker Kate Clabaugh, Director of Government Affairs at the National Parent Teacher Association. Kate will discuss the PTA’s collaboration with Everytown for Gun Safety, share insights from a nationwide survey, and address questions on family involvement in school safety. Additionally, Dr. Justin Heinze, Co-Director of the NCSS, will provide valuable insights on program evaluation. Don’t miss this chance to discuss family engagement strategies, access new resources, and network with fellow grantees.  Register Here.

Networking Drop-In

BJA/COPS STOP grantees, join us on 5/15 from 12-1 PM ET or 3-4 PM ET, for our monthly Networking Drop-In session. This informal gathering allows you to connect, pose questions, and engage with fellow individuals involved in school safety initiatives. The sessions are not recorded. A Zoom link will be shared with you prior to the event (note: this link is the same every month). Add to Calendar.

Controls for Workplace Violence

This blog post is based on a presentation given by Eva Glosson at AIHce EXP 2023. An expanded version was published in AIHA’s ebook, Trends and Emerging Issues in OEHS. AIHA Connect 2024 will be held May 20–22 in person at the Greater Columbus Convention Center, Columbus, Ohio, and virtually. To learn more about the keynote sessions, view the conference agenda, or register, visit the conference website.

Incidents of violence in the workplace are becoming more frequent, Eva Glosson explained in their AIHce EXP 2023 session “Last Day On The Job – Occupational Homicide and Workplace Violence.” Glosson cited the United States Bureau of Labor Statistics’ National Census of Fatal Occupational Injuries for 2021, which found that fatal workplace injuries had increased by 8.9 percent since the previous year’s survey. “What happens in the workplace is a reflection of what is happening in the community because the workplace really is a subset of our communities as a whole,” they said.

Read more here.

IHMM-HMS Event Calendar