IHMM Today April 9, 2024

Inside IHMM

A Collaborative Culture

There are 1,283 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

Congress on Spring Break … What’s on Deck? The U.S. Congress remains out on spring break this week and is scheduled to return to Washington, D.C., the week beginning April 8, 2024. With 2024 funding for the federal government wrapped up, upon its return, Congress will turn its attention to the myriad items that have stacked up on its to-do list. This includes authorizing funds to rebuild Baltimore’s Francis Scott Key Bridge and provide military aid to Ukraine. Additionally, Congress will likely consider a business-supported tax bill, social media legislation, the reauthorization of a post–9/11 provision of the Foreign Intelligence Surveillance Act, and the reauthorization of the Federal Aviation Administration, among other matters. At the Buzz, we will be particularly interested in Congressional Review Act resolutions addressing the National Labor Relations Board’s joint-employer rule and the U.S. Department of Labor’s independent contractor rule.

Federal Contractor News. The latest employment-related news from the federal contracting world includes the following:

• Federal contractor portal opens. On April 1, 2024, the Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal “where covered federal contractors and subcontractors must certify, on an annual basis, whether they are meeting their requirement to develop and maintain annual [affirmative action programs].” Covered contractors have until July 1, 2024, to register and certify their compliance. Instructions, frequently asked questions (FAQs), and how-to videos are provided by OFCCP.

• New veteran hiring benchmark. OFCCP has announced that, effective March 31, 2024, the national hiring benchmark for protected veterans is 5.2 percent. As Christopher J. Near points out, the benchmark has declined every year since its adoption in 2014.

Immigration News. The confluence of two recent U.S. Citizenship and Immigration Services (USCIS) final regulations—the H-1B modernization rule and the new fee schedule—contributed to a busy week as far as immigration policy goes:

• H-1B cap met. After extending the fiscal year (FY) 2025 H-1B registration period, USCIS has announced that it “has received enough electronic registrations for unique beneficiaries” to meet the FY 2025 cap for H-1B visas. According to the announcement, pursuant to a random selection process, USCIS has “notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.” USCIS began accepting petitions on April 1, 2024.

• New fee schedule in effect. USCIS was quick to remind filers that their petitions are subject to the new fee schedule that USCIS adopted on January 31, 2024. This new rule schedule went into effect on April 1, 2024, after a federal judge denied a legal challenge to enjoin the rule. According to USCIS, “Petitions postmarked on or after April 1, 2024, must include the new fees or [USCIS] will not accept them.”

• Work authorization extended. On April 4, 2024, USCIS announced the issuance of a temporary final rule to “increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days.” According to the news release, the rule “will prevent already work-authorized noncitizens from having their employment authorization and documentation lapse while waiting for USCIS to adjudicate their pending EAD renewal applications and better ensure continuity of operations for U.S. employers.” The rule applies to “(1) applicants who timely and properly filed their Form I-765 applications on or after Oct. 27, 2023, if the application is still pending on April 8, 2024; and (2) applicants who timely and properly file their Form I-765 application on or after April 8, 2024 and on or before Sept. 30, 2025.”

MSHA Silica Rule on the Way. Late last week, the Office of Information and Regulatory Affairs completed its review of the Mine Safety and Health Administration’s (MSHA) final silica rule. This means that a final rule is likely to be published in the Federal Register at any moment. William K. Doran and Margaret S. Lopez have the details on the changes proposed by MSHA.

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

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.

Reconsideration of the National Ambient Air Quality Standards for Particulate Matter

EPA – Accidental Release Prevention Requirements

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.

Deploying a Large-Scale Ergonomics Process Year by Year

Large organizations often launch ergonomics processes only to have them “fizzle” when the business climate changes, key participants join or depart, or the low-hanging fixes have been completed. Failure to initiate and maintain an effective process can result in loss of credibility and trust by employees and management, wasted resources, and poor results.

Read more here.

IHMM-HMS Event Calendar