IHMM Today April 23, 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

SCOTUS: “Significant” Harm Not Necessary to Advance Title VII Claims. On April 17, 2024, the Supreme Court of the United States issued a decision that could increase plaintiffs’ abilities to bring discrimination claims under Title VII of the Civil Rights Act of 1964. In Muldrow v. City of St. Louis, the plaintiff police officer alleged that she was discriminated against when she was forced to transfer to a new position with less desirable responsibilities, a different schedule, and fewer perks. The City of St. Louis argued—and the U.S. Court of Appeals for the Eighth Circuit held—that the forced job transfer was not discriminatory because the plaintiff retained her rank, salary, and benefits. The Supreme Court reversed, holding that “the transferee does not have to show … that the harm incurred was ‘significant,’ … [o]r serious, or substantial, or any similar adjective suggesting that the disadvantage to the employee must exceed a heightened bar.” Tiffany Cox Stacy, Morgan Pike Epperson, and Zachary V. Zagger have the details on what the case means for employers.

EEOC Issues Final Pregnancy Accommodation Regulations. On April 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published regulations implementing the Pregnant Workers Fairness Act (PWFA). The PWFA, which was passed by the U.S. Congress in late 2022 and has been in effect since June 2023, “[r]equires a covered entity to make reasonable accommodation to the known limitations of a qualified employee related to pregnancy, childbirth, or related medical conditions, absent undue hardship.” The final regulations largely track with the Commission’s proposal by provide specific definitions to these specific words, terms, and phrases (such as who is a “qualified employee” and what is a “related medical condition”). The regulations also provide examples of the types of accommodations, including but not limited to, allowing for more frequent breaks and standing/sitting, light duty, leave, and “temporarily suspending one or more essential functions of the position.” The final regulation includes “interpretive guidance” that is incorporated into the rule. The guidance includes more than seventy-five examples of hypothetical situations involving how the PWFA and EEOC’s implementing regulations might apply in the workplace. Charles L. Thompson, IV, Christine Bestor Townsend, Stacy M. Bunck, Tiffany Cox Stacy, Tina M. Bengs, and Zachary V. Zagger have authored a comprehensive article on the EEOC’s final rule and interpretive guidance.

Noncompete Ban Coming Soon? The Federal Trade Commission (FTC) announced this week that on Tuesday, April 23, 2024, at 2:00 p.m. (EDT), it “will vote on whether to issue a proposed final rule that would prevent most employers from enforcing noncompetes against workers.” The press release describes the FTC’s unique meeting and regulatory process as follows:

At the start of the meeting, the Commission will vote on whether to authorize public disclosure of the proposed final rule that is under consideration. Then, Chair Khan will offer brief remarks. Next, if the Commission votes to authorize public disclosure of the final rule under consideration, the Office of Policy Planning will give a staff presentation on the final noncompete rule under consideration. Finally, the Commission will vote on whether to issue the final rule.

This will obviously be a significant rulemaking, and readers can refresh their recollections of the details of the proposal here. The final rule is likely to be the subject of legal challenges. Christine Bestor Townsend, Scott R. McLaughlin, and Tobias E. Schlueter have provided additional analysis.

MSHA Finalizes Respirable Crystalline Silica Rule. On April 18, 2024, the U.S. Department of Labor’s (DOL) Mine Safety and Health Administration (MSHA) finalized its regulation, “Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection.” The final rule establishes a “permissible exposure limit (PEL) of respirable crystalline silica at 50 micrograms per cubic meter of air (µg/m3) for a full-shift exposure, calculated as an 8-hour time-weighted average (TWA) for all mines.” The final rule also requires mine operators to (1) conduct sampling for respirable crystalline silica; (2) install, use, and maintain feasible engineering controls as the primary means of controlling respirable crystalline silica; and (3) immediately report to MSHA and take corrective action to lower the concentration of respirable crystalline silica when an overexposure is identified. The regulation has phased in effective dates, depending on the provision and whether the operator is a coal mine or mental and nonmetal mine.

Su on the Hill. Believe it or not, it is already fiscal year (FY) 2025 spending season, and leaders of various federal agencies made their way to Capitol Hill this week to justify their budget requests before Congress. On April 17, 2024, it was Acting Secretary of Labor Julie Su’s turn, as she advocated for the DOL’s FY 2025 budget request before the House Subcommittee on Labor, Health and Human Services, and Education. Republicans on the committee expressed concerns over DOL’s latest apprenticeship proposal, the Office of Federal Contract Compliance Program’s rescission of the 2020 religious exemption rule, child labor matters, the H-2B visa system, and the DOL’s independent contractor rule, among other topics. With a divided Congress, the FY2 025 government funding negotiations are likely to remain contentious, particularly in an election year.

Workers Memorial Day – April 28

When the nation first observed Workers Memorial Day on April 28, 1970, an estimated 38 U.S. workers suffered fatal on-the-job injuries each day and many more endured debilitating respiratory diseases and other life-altering illnesses related to workplace exposures. Today, work-related injuries in the U.S. claim about 15 people’s lives a day. In 2022, a reported 5,486 workers suffered fatal injuries, an increase of 296 worker deaths from 2021.

This year, the Department of Labor’s Occupational Safety and Health Administration and Mine Safety and Health Administration will remind the nation of the importance of protecting workers as families, friends, co-workers and the community at-large gather across the country for Workers Memorial Day events on Sunday, April 28 to honor people who didn’t come home at the end of their shift.

“As we honor our fallen workers on Workers Memorial Day, we must remember that behind each workplace fatality there are loved ones enduring unimaginable grief,” said Assistant Secretary for Occupational Safety and Health Doug Parker. “It is for the lost workers and those left behind that we continue to fight for every worker’s right to a safe working environment. Our mission at OSHA is to ensure that when someone leaves for work, they know they’ll come home safe at the end of the day to the arms of their families and loved ones.”

Find a local worker’s memorial day event

EPA – Review of Secondary NAAQS

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.

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

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.

House & Senate Leaders Introduce Comprehensive Data Privacy Bill

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

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]).

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.

Needs Assessment Survey

STOP Grantees, one person on your team should have received a link to a survey earlier this month. This survey is an important part of our 2024 Technical Assistance (TA) process and allows us to better understand your experiences and training needs. To see how the survey has informed our work previously, check out this 3-page summary.

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.

• Funding Opportunity – NIJ FY24 Research and Evaluation on School Safety
• Funding Opportunity – School-Based Mental Health Services Grant Program
• Funding Opportunity – Mental Health Service Professional Demonstration Grant Program

Navigating the New Frontier: MSHA’s 2024 Silica Rule and Its Impact on Analytical Laboratories

As industrial hygienists and safety professionals, we are on the brink of a long overdue but significant regulatory shift with the introduction of MSHA’s silica rule, which is set to take effect in 2024. This rule will lower the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air (µg/m³) over an 8-hour time-weighted average, aligning with OSHA standards and reflecting an increased emphasis on miner health and safety. It will also introduce an action level for silica of 25 µg/m³ for a full-shift exposure, calculated as an 8-hour TWA. If exposure monitoring indicates an exceedance of the action level, then the mine operator would be required to conduct periodic sampling.

The rule will impact coal mines and all metal and nonmetal mining industries. This includes operations involved in the extraction and processing of minerals and materials that contain crystalline silica, such as underground and surface mining, quarries, sand and gravel extraction, and other activities related to the mining sector.

Read more here.

IHMM-HMS Event Calendar