IHMM Today is an online publication of the Institute of Hazardous Materials Management® (IHMM®).

Other than content specifically provided by IHMM, articles contained in IHMM Today are compiled from

independent sources and do not necessarily reflect the opinions of IHMM.

Inside IHMM

Creating a Collaborative Culture

1,550 different conversations are going on in the IHMM/HMS Collaboration platform this week.

Do you have a problem you need to solve and want the opinions of your colleagues? We created the COLLABORATION platform to enable our certificants to network, learn, and grow from one another.

This is where we collaborate with the best people in their fields, always willing to help one another lessen the stress of our jobs and where we strive as a team to make a difference of which we are proud.

You can collaborate here.

Access to COLLABORATION is through the same username/password you use to access your MYIHMM account. Are you having a problem? Contact Jimmy Nguyen at [email protected]

Sponsored Content

IHMM Proposes Changes in Government Recognition of Credentials

1. IHMM is circulating a letter with the Intersociety Forum [ISF] to communicate to the new Administration the value of the EHS communities of practice.
2. IHMM has filed comments in the OSHA proposed Heat rule, underscoring IHMM’s commitment to bringing our SMEs expertise to an important public policy issue as well as highlighting the value of our certifications and those who hold them.
3. IHMM has filed comments on the OMB Inquiry concerning the EPA and DOL proposed regulatory measures concerning Methylene Chloride on December 13, 2024.
4. IHMM Sent a letter to the U.S. Department of the Interior, National Park Service, concerning the uses of professionally credentialed persons performing work for the Park Service.
5. IHMM Signs Letter Opposing Reductions in OSH Worker’s Pay – The IHMM Government Affairs Committee has agreed to sign a coalition letter opposing reductions in pay for IH and OSH employees. Here is the coalition letter we signed.

• Here is the response we received back from the VA.

4. 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.

5. 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.

All IHMM Government Affairs Projects Are Here

Beltway Buzz – Ogletree Deakins

NLRB: New Acting GC; Former Member Challenges Removal. There is a lot going on at the National Labor Relations Board (NLRB) these days. In fact, the Board may find itself embroiled in a case involving the constitutional powers of the presidency. Again.

• General Counsel Musical Chairs. President Donald Trump removed Jessica Rutter from her position as acting general counsel at the Board and replaced her with William B. Cowen, who has served as regional director in the Board’s Los Angeles Regional Office (Region 21) since 2016. Cowen has held various positions at the Board over the years, including a stint as a Board member in 2002. Thomas M. Stanek and Zachary V. Zagger have the details.
• Former Member Wilcox Challenges Her Removal. Former NLRB member Gwynne Wilcox has filed a lawsuit challenging her removal from the Board. Wilcox claims that her termination was unlawful, as the National Labor Relations Act allows the president to remove Board members only “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” Wilcox claims that she was never provided a hearing and that the email she received notifying her of her removal failed to identify any neglect of duty or malfeasance. Wilcox seeks a court order reinstating her to her position on the Board. The lawsuit likely sets up a protracted legal challenge testing the president’s constitutional power to remove officials from multimember boards and commissions, such as the NLRB and the U.S. Equal Employment Opportunity Commission (EEOC).
• Board Operations Update. As the Buzz noted last week, with only Chair Marvin Kaplan and Member David Prouty remaining, the Board lacks an operating quorum. To address stakeholder concerns about the situation, the Board released a statement noting that field offices “will continue their normal operations of processing unfair labor practice cases and representation cases” and that “all representation cases may continue to be processed.”

EEOC Update. The EEOC still lacks a quorum and a Senate-confirmed general counsel, but there is now some clarity.

• After removing EEOC General Counsel Karla Gilbride, President Trump appointed Andrew Rogers as acting general counsel. Rogers previously served as EEOC Chair Andrea Lucas’s chief counsel. As such, there is likely to be substantial alignment between the general counsel’s office—which oversees the enforcement at the EECO—and the commissioner’s office.
• Like the NLRB, the Commission lacks a quorum (only Chair Andrea Lucas and Commissioner Kalpana Kotagal remain), which places limitations on its policy-making agenda. Accordingly, this week the Commission released a series of frequently asked questions (FAQs) addressing “The State of the EEOC.” The FAQs note, “The lack of a quorum of Commissioners does not impact the intake, processing, investigation, or resolution of charges of discrimination, nor does it impact the issuance of notices of right to sue.” On the other hand, the FAQs are clear that the lack of a quorum prohibits the Commission from engaging in rulemaking, issuing new policies, or rescinding guidance documents.

New Acting Director at OFCCP. Lauren B. Hicks and T. Scott Kelly have the details on the appointment of Michael Schloss as acting director and deputy director of policy at what is left of the Office of Federal Contract Compliance Programs (OFCCP).

DHS Terminates TPS for Venezuela. On February 5, 2025, Secretary of Homeland Security Kristi Noem published a notice in the Federal Register that terminates the October 3, 2023, designation of Venezuela for Temporary Protected Status (TPS), effective April 7, 2025. A second group of Venezuelan nationals who have protection through a separate TPS designation that expires on September 10, 2025, are not affected by this action. Federal law provides that there is no judicial review of “any determination of the [Secretary] with respect to the designation, or termination or extension of a designation, of a foreign state” for TPS. Jennifer M. Cofer and Kristen M. Tully have the details.

Anti-DEI Bill Introduced. This week, Senator Eric Schmitt (R-MO) and Representative Michael Cloud (R-TX) reintroduced the Dismantle DEI Act. In many ways, the bill mirrors some of the executive actions we have seen President Trump take with regard to diversity, equity, and inclusion (DEI). For example, the bill would eliminate DEI offices, training, grants, and programs within the federal government. Unlike the executive orders, which can be repealed, the bill would codify these provisions into federal law. The bill would also prohibit the federal government from contracting with entities that engage in “a prohibited diversity, equity or inclusion practice.” The bill could serve as the subject for hearings and press conferences on Capitol Hill but is unlikely to pass the U.S. Senate as long as the legislative filibuster is intact.

EPA Accelerates Hazardous Debris Cleanup After LA Wildfires

As of February 10, 2025, one of the most significant news stories concerning hazardous materials involves the U.S. Environmental Protection Agency’s (EPA) ongoing efforts to clean up hazardous debris following the recent Los Angeles wildfires. The EPA is working under a directive to expedite the removal of dangerous materials, including batteries, paint cans, and chemicals, from affected areas such as Altadena. This initial phase of the cleanup is crucial to ensure the safety of residents and the environment before larger debris removal operations commence. The agency faces challenges due to the extensive range of affected properties and the risks posed by materials like lithium-ion batteries. The EPA plans to temporarily store hazardous materials on federally owned land, a decision that has raised safety concerns among local communities. To meet the administration’s directive for rapid and safe debris clearance, the EPA is increasing personnel and deploying additional resources.

–Reuters

Abolish OSHA?

As of February 10, 2025, a significant workplace safety story in the United States involves recent proposals by some Republican lawmakers to disband the Occupational Safety and Health Administration (OSHA). Established in 1970 under the U.S. Department of Labor, OSHA is responsible for ensuring safe working conditions by setting and enforcing standards to prevent workplace hazards. The push to eliminate OSHA has intensified following its enforcement of COVID-19 vaccination measures during the Biden Administration. Proponents of disbanding argue that federal regulation of private workplaces is unconstitutional and advocate for state-level oversight instead. However, critics warn that abolishing OSHA could lead to decreased workplace safety, as companies might not voluntarily maintain safety standards without federal enforcement.

Rep. Andy Biggs [R-AZ, CD] has sponsored H.R. 86, the “Nullify Occupational Safety and Health Administration Act.” which as of this writing has no co-sponsors, and the same legislation in the last Congress went nowhere.

See >  https://www.congress.gov/119/bills/hr86/BILLS-119hr86ih.pdf 

NPRM: Advancing Safety of Highway, Rail, and Vessel Transportation

Deadline: April 28, 2025

On October 28, HM-265 Notice of Proposed Rulemaking (NPRM) titled “Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation” was published to the Federal Register. This NPRM proposes amendments to improve the safety and efficiency of hazardous materials transported by highway, rail, and vessel, as well as several amendments for all modes of transportation. Specifically, some of the proposed amendments include:

• Adopting the 2017 Rail Safety Advisory Committee Hazardous Materials Issues Working Group recommendations
• Removing the delegation to the Association of American Railroads as the sole source for tank car design approvals and tank car facility quality assurance program approvals
• Revising the UN ID number marking requirements for motor carriers who transport different types of petroleum distillate fuels (e.g., gasoline and diesel fuel) in multiple trips in the same day
• Updating cargo tank manufacture and inspection requirements to address safety deficiencies noted during inspections
• Removing the requirement for security awareness training for hazmat employees who manufacture packagings and do not come into contact with hazardous materials in transport.

As with any NPRM, PHMSA needs your input! We’ve extended the comment period, meaning that all comments must be received by April 28, 2025.

Notice to Public Safety Answering Points (PSAP, e.g., 9-1-1 call centers)

Starting on June 24, 2025, the six Class I railroads are required to begin complying with the requirements of the HM-263 Real-Time Train Consist Information final rule.

This rule requires that, for any accident involving a train transporting hazardous material, or any incident involving the release or suspected release of hazardous materials from a car on a train, railroads must make a telephone call to the primary Public Safety Answering Point (PSAP) informing them of the incident or accident. Then, the railroad must transmit train consist information directly to the primary PSAP, in a form that the PSAP is able to receive and use.

Train consist information includes:

• The railroad’s designated emergency response point of contact (including contact phone number)
• the position in the train and contents of each hazardous material rail car, listed by reporting mark and number
• The point of origin and destination of the train
• Shipping paper information (e.g., UN ID number, proper shipping name, hazard class, packing group, technical name (if applicable), number and type of packages
• Emergency response information required by § 172.602(a) of this subchapter.

This information is critical for first responders to protect themselves and their communities during the initial stages of a response to a train accident or incident involving hazardous materials.

PHMSA Letters of Interpretation (LOI): Lithium Batteries

PHMSA’s Standards and Rulemaking team issues Letters of Interpretation (LOIs) in direct response to stakeholder requests. These letters are meant to clarify the proper application of the Hazardous Materials Regulations (HMR) in specific scenarios which may not be immediately clear in the regulatory text. While LOIs cover a wide range of hazmat topics, we have received several inquiries related to the transportation of lithium batteries. In response, PHMSA recently issued the following LOIs, focused on:

24-0034 – “DDR battery determination of HMR applicability”
24-0041 – “Lithium Batteries State of Charge”
24-0064 – “Foam Battery Trays”
24-0085 – “Shipper’s Agent for Shipping Lithium Batteries.”

You can find past LOIs via the search tool on PHMSA’s Letters of Interpretation webpage or the PHMSA oCFR tool, which offers search criteria based on keyword, regulatory citation, or date.

PHMSA has also developed a set of FAQs based on common LOI topics, which may help streamline your search. While individual LOIs are based on specific circumstances and are not applicable to other scenarios that may be similar, PHMSA’s FAQs have been through a notice and comment process and the responses can be widely applied.

Do you have a regulatory question, and can’t find it an answer in previous guidance or LOIs? Reach out to the Hazardous Materials Information Center (HMIC) at 1-800-467-4922 or [email protected] for assistance with next steps!

Interested in being the first to know when PHMSA posts notices and rulemakings to the Federal Register? Receive email notifications from the Federal Register whenever PHMSA posts by visiting the Federal Register site and clicking ‘Subscribe’ at https://www.federalregister.gov/agencies/pipeline-and-hazardous-materials-safety-administration.

February ICC Compliance Bulletin

As we step into a brand-new year, we’re excited to bring you the February edition of our ICC Compliance Bulletin. This issue is filled with key updates and insights to help you navigate the ever-evolving landscape of dangerous goods regulations and set a strong foundation for compliance in 2025.

🔍 This Month’s Spotlights:

• “What’s New in the IMDG Code Amendment 42-24?” explains the latest updates to International Maritime Dangerous Goods Regulations, effective January 1, 2025.
• 6 New Year’s Resolutions for Safety Professionals” challenges safety experts to start 2025 with fresh goals for workplace safety. From learning key lessons from 2024 to staying ahead of regulatory updates and fine-tuning training, this article offers practical steps to enhance safety culture and compliance.
• “PHMSA Increases Penalties for 2025” alerts shippers to higher fines for dangerous goods violations. With penalties rising again, staying compliant through proper training is more crucial than ever.
• “Winter Driving Tips” highlights essential precautions for staying safe on snowy roads. From clearing ice off your vehicle to packing emergency supplies, these tips help both commercial and personal drivers navigate winter’s unpredictability.

Safe+Sound Week 2025 – August 11-17, 2025

Safe + Sound Week will be August 11-17, 2025. This year’s focus area is emergency preparedness and response. Stay tuned for more information!

Response-Ready Workplace Challenge

Workplace emergencies can happen at any time. It’s important for workers to be aware of emergency procedures and know what to do in case of an emergency. Are your workers familiar with your emergency action plan (EAP)?

Prepare for Safe + Sound Week 2025!  Take the Response-Ready Workplace Challenge.

1. Review your EAP.
2. Hold a toolbox talk or safety meeting to review your EAP.
3. Download your challenge coin.

Share that you took the challenge on social media using #SafeAndSoundAtWork and #ResponseReady.

FY2025 STOP School Violence Program Funding

The Bureau of Justice Assistance (BJA) has announced the FY2025 STOP School Violence Program funding opportunity. This program aims to enhance school security by implementing evidence-based measures to prevent violence. These measures include training for students, school personnel, and law enforcement and implementing technology and infrastructure to improve school safety.

Here are key details about the opportunity:

• Purpose: To develop or improve violence prevention programs and school safety initiatives that address the unique needs of schools and communities.
• Eligibility: Local and tribal governments, state agencies, public and private schools, and non-profit organizations are typically eligible to apply.
• Funding Uses:
  • Training to prevent student violence against others and themselves.
  • Development of threat assessment and intervention teams.
  • Technologies or systems to address school violence.

For comprehensive information on the FY2025 STOP School Violence Program funding opportunity, please refer to the official solicitation document provided by the Bureau of Justice Assistance (BJA):

This document offers detailed guidance on eligibility criteria, application procedures, funding categories, and program requirements. It is essential to review this solicitation thoroughly to ensure a complete and accurate application.

Additionally, the BJA’s official website provides a list of current funding opportunities, including the FY2025 STOP School Violence Program:

_____

• 2/19 – Preventing Mass Attacks in Our Communities
  Hosted by the Department of Homeland Security
• 3/19 – Enhancing School Safety Using Behavioral Threat Assessment

Hosted by the Department of Homeland Security

Exploring Careers in Sustainability: Job Titles, Career Paths, and More

Sustainability has become a common topic in politics, work, and life. The rapidly growing awareness of environmental preservation, ethical consumption, and the consequences of past and current political and economic practices are all reflected in the job market, where the demand for sustainability professionals is booming.

Multiple factors are contributing to this change, including the incorporation of sustainability practices into business strategy. Companies have shifted their models for success to account for the long-term environmental effects, ethics, labor, and logistical implications of their business practices.

Read more here.

• One Health: EU agencies unite to tackle azole fungicide resistance in Aspergillus fungi
• New proposal to harmonise classification and labelling
• Timelines available for substances identified as hazardous under other legislation
• Want to keep using ADBAC (C12-C14) in product-type 22?
• Reminder: Maintenance of ECHA Accounts portal and further work on certain IT tools
• Tender notices for nanomaterial studies
• REACH committee meets in February – draft agenda available

IHMM-HMS Professional Development