Sponsored Content
Tuesday, February 21, 2023
IHMM Today is an online publication of the Institute of Hazardous Materials Management (IHMM)
are compiled from independent sources and do not necessarily reflect the opinions of IHMM.
Sponsored Content
Home | IHMM Credentials | Certificants | About IHMM | Event Calendar | Archive | Advertise with IHMM
Why We Exist
We believe there is only one fragile Earth; our passion is to protect it.
Our Vision
IHMM credentials and competency standards are embraced worldwide.
Our Mission
IHMM delivers professional standards of the highest excellence for credentials and administers and promotes accredited credential programs for professionals in the hazardous materials, health, safety, and dangerous goods communities of practice.
IHMM Credential Recognition
Below you will see the credential badges that are now in each CHMM, CHMP, CDGT, CDGP, Student CHMM, CSHM, CSMP, and ASHM certificant’s MYIHMM account. Every IHMM certificant may use these badges, linked as those below are to their IHMM credential page, for their email signatures, business cards, and other social media applications. You’re justifiably proud of the accomplishment of having earned your credential and you can show the rest of the world. Simply right-click on the badge of choice, then save as to your computer, and then load it to wherever you want to use it, and please link that back to https://ihmm.org/.
IHMM Certificant Recognition
Throughout our certificant’s MYIHMM accounts are placed 10 Year, 20 Year, and 30 Year badges signifying their longevity as an IHMM certified professional.
With a link from your credential badge to the IHMM website [see above] you can not only stand out as an IHMM-certified professional, you can also promote IHMM credentials to others. Right-click on the badge of choice, save as to your computer, then load it to whatever medium you choose.
IHMM has Distinguished Diplomates and Fellows of the Institute badges to the appropriate people in the MYIHMM database. These two badges are accompanied by lapel pins sent to each of those distinguished by holding these designations.
IHMM is in all 50 of the United States and in 85 countries around the World.
IHMM In-Person or Remotely Proctored Exams
The American National Standards Institute [ANSI] has approved Kryterion Remotely Proctored Exams for IHMM’s CHMM, CHMP, and CDGP exams. IHMM has been using the Kryterion Remotely Proctored Exams for the CSHM and CSMP exams since April 2020.
76% of Kryterion in-person testing centers have reopened. If you prefer the comfort and convenience of taking your exam from your home or office instead of at a Kryterion center, IHMM is ready to enroll you in a remotely proctored examination.
Please contact either Kortney Tunstall at [email protected] for the CHMM, Student CHMM, CHMP, or CDGP exams or Kaylene Cagle at [email protected] for the Student ASHM, CSHM, or CSMP exams.
IHMM Credentials Accredited By
Need Help? On the IHMM website just click on the “NEED HELP?” button
and let us know what you need and the right person will get right back with you.
IHMM RECENT NEWS
Covanta facility fire lingers in Florida
Blast at Ohio factory scatters molten debris, starts fire; 14 injured
Cantwell Initiates Committee Inquiry Into Railroads’ Handling of Hazardous Materials
Ohio governor says FEMA will provide resources to East Palestine
Ohio train derailment: Governors DeWine, Shapiro to visit East Palestine Tuesday
Joint Statement from Ohio Governor DeWine and FEMA Regional Administrator Sivak
East Palestine Train Derailment Information
Bungled messaging over Ohio train crash allowed chaos to reign
Buttigieg: Expect more federal regulation on rail safety
Updated: Lithium-ion battery collection reaches new high
Scientists Make Breakthrough for ‘Next Generation’ Cancer Treatment
Fairer Way to Fight Climate Change?
Clean Water Act Methods Update Rule for the Analysis of Effluent
Drinking Water Contaminant Candidate List 6-Nominations
Certain New Chemicals; Receipt and Status Information for January 2023
Biden-Harris Administration Reaffirms Scientific, Economic, and Legal Underpinnings of Limits on Toxic Air Pollution from Power Plants
EPA Mid-Atlantic Region schedules March 2 virtual listening session on PFAS Strategic Roadmap
EPA Region 8 announces March 8 Virtual Listening Session on Strategic Roadmap for PFAS contaminants
EPA Announces Both EPA and FDA Seek Public Input on Modernizing Their Approach to Oversight of Certain Products
Maine Proposes Rule to Clarify Reporting Requirements for PFAS in Products
EPA Updates TSCA Inventory, Plans Next Update in Summer 2023
All Things Chemical®: Health Canada’s Update to Rev 7/8 of GHS — A Conversation with Karin F. Baron [PODCAST]
Canadian PFAS Drinking Water Standards Proposed
PFAS Regulation and Insurance Coverage Implications
EPA Accepting Public Comments on Candidates to Be Ad Hoc Reviewers for Draft Documents Related to Cumulative Risk Assessment under TSCA
ECHA publishes PFAS restriction proposal
ECHA adds nine hazardous chemicals to Candidate List
US Department of Labor seeking public comments on modernizing program that recognizes employers committed to best safety, health practices
Survey seeks the state of safety at manufacturing and warehousing facilities
Use of personal sensors to monitor worker stress may come with privacy issues
‘Safety Break’: Oregon OSHA’s annual stand-down set for May 10
OSHA updates data used for its Site-Specific Targeting Program
Charting the 2023 maritime regulatory landscape
Back to Basics: Workplace Noise Exposure
Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Definition of Hazmat Employee
PHMSA Releases Hazmat FAQs
EPA employees voice concerns about low pay, understaffing, burnout
Radioactive waste isn’t going away. We’ve found a new way to trap it in minerals for long-term storage
Nearly 80,000 pounds of nuclear waste shipped from Oak Ridge
Construction’s labor gap tops 500M
7 Ways Construction Firms Can Boost Efficiency
The Top 10 Rules for Process Safety
You never know when you’re gonna fall off a climbing wall
Is This the Year We Learn How to Teach Gen Z?
IHMM On NPR Concerning East Palestine, Ohio
The Institute of Hazardous Materials Management [IHMM] has been contacted by National Public Radio [NPR] to provide subject matter expertise on the events surrounding the train derailment and subsequent hazardous materials controlled burn in East Palestine, Ohio.
IHMM Board Chair William M. Diesslin, CHMM, was interviewed by NPR for the story that also focused on former EPA Administration Stan Meiburg.
IHMM regularly engages with the news media to encourage the use of IHMM’s subject matter experts to provide background as well as public information on issues concerning hazardous materials management, dangerous goods transportation, environmental protection, workplace health, and safety.
Thank you, Bill.
–Washington Post
ASTM-E1527-21 Now In Force
The new ASTM E1527-21 includes the following significant changes:
- Changes to the definition of a Controlled REC (“CREC”) to provide clarification as to the treatment of regulatory closure letters and satisfaction of current unrestricted use criteria – the standard now provides greater specificity and examples of CRECs;
- Changes to the definition of “de minimis condition”, which is now defined in terms of a condition related to a release – the new standard also provides various examples of de minimis conditions;
- Changes to the definition of a Historical REC (“HREC”) to clarify that a site must meet current unrestricted use criteria without any property controls – the new standard provides various examples of HRECs;
- Expansion of historical research required to be conducted to include various new sections, including requirements related to property identification history and historic uses of adjoining properties; and
- Changes to the viability period of Phase I reports – the reports are now valid for 180 days from the date of certain report components prior to the date of acquisition, or for leases or refinancing, the date of the intended transaction, and the report must identify the dates of these components in the report.
Conclusion
The inclusion of “likely release” and the broad definition of “likely” indicates that the new ASTM E1527-21 standard will result in more discretion for consultants to include conditions as RECs, but less discretion to exclude conditions from consideration as RECs, particularly where there is some evidence for their presence. Whether or not to conduct the optional emerging contaminant review could have important legal implications, particularly as the regulatory landscape shifts with regard to PFAS. Having specialized legal counsel to help define the scope of a review at the start of a transaction, and which has the expertise to work with consultants during environmental diligence review before issues arise, will be critical to a successful and timely closing of a corporate or real estate transaction.
More from ASTM HERE
Changes to hazardous material shipping regulations in 2023
The International Air Transport Association (IATA) published updated regulations manuals for 2023, which may impact University units and departments that ship dangerous goods by air. Notable changes include:
- Package dangerous goods with other goods: A package containing dangerous goods in excepted quantities may also contain goods not subject to the regulations (refer to paragraph 2.6.5.1).
- Maximum quantity of batteries on cargo aircraft limited to 400 Kg per package: The maximum net quantity per package on cargo aircraft only has changed from “NO LIMIT” to 400 Kg and items must be packed in a UN specification packaging; applies to UN2794 (Batteries, wet, filled with acid), UN2795 (Batteries, wet, filled with alkali), and UN 3292 (Cells containing sodium) in paragraph 4.2.
- Special Provision added to items on the List of Dangerous Goods: Special Provision A154 was added to the entries for UN3171 (Battery-powered vehicles), UN3528, UN3529, and UN3530 (Engines and machinery), UN2990 and UN3072 (Life-saving appliances), and UN3166 (Vehicles) in paragraph 4.2.
- Packing Instructions for batteries installed in equipment: PI 870 was revised to remove reference to the packing provisions for batteries installed in equipment. Where batteries are installed in equipment, the correct classification is UN3171, Battery-powered equipment and PI 952 applies.
If you ship hazardous materials by air, be sure to carefully review the changes. If you any questions, feel free to contact EH&S Environmental Programs at [email protected].
Visit the Shipping Hazardous Materials webpage for additional information.
Creating the Water Workforce of the Future:
Webinar Series
It Really Matters: Ensuring Diversity, Equity, and Inclusion in the Water Workforce
March 21, 2023
2:00 p.m. – 3:30 p.m. Eastern Time
Register Here
More than ever, today’s water sector must focus on recruiting and retaining a truly diverse set of talented individuals and ensuring equity in the workspace they will inhabit. Diversity, Equity, and Inclusion are not just words on paper – they are an essential part of any organization in the 21st century. This webinar will focus on efforts by one of the nation’s leading utilities in Louisville, Kentucky to embrace these attributes followed by a presentation on an innovative program by the Water Environment Federation (WEF) to increase the number of talented individuals from minority institutions that seek and embrace a career in water.
This webinar is part of an ongoing webinar series hosted by EPA, in partnership with leading water sector organizations around the country. More information on this webinar series can be found at
https://www.epa.gov/sustainable-water-infrastructure/water-sector-workforce-webinars
EU-wide enforcement of safety data sheets launched
National enforcement authorities have started inspecting the compliance of safety data sheets for chemicals sold on the EU market. Checking safety data sheets was agreed by ECHA’s Enforcement Forum as this year’s harmonised enforcement project (REF-11).
The main objective is to assess whether duty holders have updated and provided safety data sheets according to the new requirements of Annex II to REACH.
The operational phase for this project continues throughout 2023 and the results will be reported in 2024.
2023 National Safety Stand Down to Prevent Falls in Construction
As recently announced, the 10th Annual National Safety Stand-Down to Prevent Falls in Construction will occur May 1-5, 2023 and we wanted to alert you to the following tools and resources to assist workplaces in preparing for and participating in the Stand-Down:
- 2023 Stand-Down officially announced:
- February 15, 2023 OSHA QuickTakes
- Resources for Planning:
- NEW Handouts for Workers:
- Get Involved:
- Do you have fall prevention resources in other languages? We would love to include them in our Fall Prevention Resources: Other Languages Page. Please send resources to Jessica Bunting: [email protected]
As a reminder, anyone who wants to prevent hazards in the workplace can participate in the Stand-Down. Companies can conduct a Safety Stand-Down by taking a break to have a toolbox talk or another safety activity such as conducting safety equipment inspections, developing rescue plans, or discussing job specific hazards. See Highlights from the Past Stand-Downs and reports evaluating previous events.
EPA Facing Tough Fight As States Sue Over Interstate Air Plan Disapproval
EPA appears headed for a tough legal battle that may define its future policy on interstate air pollution, as states begin litigation against the agency’s sweeping disapproval of their plans to limit cross-state ozone, which is a prerequisite to the expansion of the Cross-State Air Pollution Rule (CSAPR) that officials plan to soon propose.
Utah and Texas have already filed suit in regional appellate courts over EPA’s Feb. 13 rule that disapproves the state implementation plans (SIPs) of 19 states. While EPA only published the disapproval Feb. 13, EPA Administrator Michael Regan signed the measure on Jan. 31.
The states’ now-disapproved SIPs are required to meet the Clean Air Act’s “good neighbor” requirement that states mitigate their interstate emissions, in this case to ensure attainment of the 2015 ozone national ambient air quality standards (NAAQS).
EPA rejected plans from states that relied on Trump-era guidance that the agency has now contradicted, though not yet rescinded, as well as those that relied on earlier Obama-era practice.
However, many states objected strenuously to EPA’s proposed disapprovals, saying that EPA summarily rejected their plans so it can impose a federal implementation plan (FIP) to expand CSAPR instead.
This sets the stage for a broad legal fight to play out in multiple courts. Should EPA lose these cases, it would not then be able to finalize the equally controversial planned enlargement of CSAPR to new states and industries.
–Inside EPA
Regan Offers Assurances On Train Derailment Risks Amid Criticisms
EPA Administrator Michael Regan is seeking to assure community members and Ohio officials that they can trust EPA and state testing for contamination stemming from the massive hazardous substance release due to a train derailment amid criticism that the agency is sending conflicting messages and should undo Trump-era rollbacks.
Regan addressed community concerns in a Feb. 16 press conference in East Palestine, OH, where on Feb. 3 a train carrying hazardous materials — including vinyl chloride, isobutylene, ethylene glycol monobutyl ether, ethylhexyl acrylate, and butyl acrylate — derailed, prompting significant environmental concerns and chemical fears for residents.
EPA and the state have “pledged to be fully transparent,” Regan told the press conference, adding that “if we say that the water is safe, and the air is safe, we believe it because we’ve tested it and the data shows that.”
He added that EPA’s current air quality testing has not detected any levels of health concern in the community associated with the train derailment and that the agency plans to continue conducting around-the-clock monitoring to ensure resident safety.
Additionally, he emphasized that EPA is supporting state efforts in determining the spill’s impact on surface and groundwater as well as ensuring that the derailment has not had an effect on drinking water supplies, as the state has taken the lead in addressing the disaster.
“The community has questions and we hear you, we see you and . . . we will get to the bottom of this. Anything the state needs, we will be here to help,” Regan said.
But despite Regan’s efforts to ease public health concerns, community members and environmentalists are raising concerns over the long-term health impacts that any exposures may have on residents.
–Inside EPA
EPA Facing Tough Fight As States Sue Over Interstate Air Plan Disapproval
EPA appears headed for a tough legal battle that may define its future policy on interstate air pollution, as states begin litigation against the agency’s sweeping disapproval of their plans to limit cross-state ozone, which is a prerequisite to the expansion of the Cross-State Air Pollution Rule (CSAPR) that officials plan to soon propose.
Utah and Texas have already filed suit in regional appellate courts over EPA’s Feb. 13 rule that disapproves the state implementation plans (SIPs) of 19 states. While EPA only published the disapproval Feb. 13, EPA Administrator Michael Regan signed the measure on Jan. 31.
The states’ now-disapproved SIPs are required to meet the Clean Air Act’s “good neighbor” requirement that states mitigate their interstate emissions, in this case to ensure attainment of the 2015 ozone national ambient air quality standards (NAAQS).
EPA rejected plans from states that relied on Trump-era guidance that the agency has now contradicted, though not yet rescinded, as well as those that relied on earlier Obama-era practice.
However, many states objected strenuously to EPA’s proposed disapprovals, saying that EPA summarily rejected their plans so it can impose a federal implementation plan (FIP) to expand CSAPR instead.
This sets the stage for a broad legal fight to play out in multiple courts. Should EPA lose these cases, it would not then be able to finalize the equally controversial planned enlargement of CSAPR to new states and industries.
–Inside EPA
OSHA’s Safe + Sound Campaign is a nationwide opportunity to raise awareness and understanding of the value of proactive occupational safety and health (OSH) programs in all workplaces. Look for the 2023 Safe+Sound program in August this year.
Safe + Sound emphasizes the need for safety programs at small- and mid-sized businesses, which are more likely to have limited resources dedicated to safety. As you know, effective OSH programs can help organizations identify and manage workplace risk before they cause injury or illness, improving sustainability and the bottom line. Safety and health management systems are a critical best practice to ensure that OSH programs achieve significant results and lower risk exposure.
Earn a Challenge Coin
Workers are an important resource for identifying workplace hazards and implementing changes. Safety reporting systems allow ideas and suggestions for improving safety to be captured.
Take the Speak Up for Safety Challenge! Review your safety reports with a team to find common themes and opportunities to improve your overall workplace safety and health performance.
Complete the challenge and earn your virtual challenge coin! Then, share the results in your workplace and on social media to show how you encourage workers to #SpeakUpForSafety to be #SafeAndSoundAtWork.
Your Partner Punch List
We would appreciate if you could support Safe + Sound by doing the following:
- Promote the Speak Up for Safety Challenge to your stakeholders
2023 IHMM Certificant Survey
This is our 2023 IHMM certificant survey. Your feedback allows us to gather broad based information about the needs and preferences of our certificants that leads to improving our services and credentials.
Please take a few minutes and answer the 19 questions posed in this survey and help us improve our services.
Take the short survey here >> https://www.surveymonkey.com/r/IHMM2023
Top 4 Projects in February, 2023
NY Department of Labor rulemaking concerning the recognition of the CSHM and CSMP
Work with Eric Vega in Puerto Rico concerning credential recognition
Review of the Governor of Nevada’s Executive Order concerning licensing boards and potential for recognition of the CHMM
Scheduling meetings with the Maryland Congressional delegation concerning the Certified Pandemic Preparedness Specialist [CPPS] credential
In 2019 Mark Bruce from AHMP and Gene Guilford from IHMM worked on a project to get the Commonwealth of Pennsylvania to recognize the CHMM and CDGT credentials. With Mark’s work on the ground in Pennsylvania, we succeeded.
- 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 2021 Mark at AHMP and Gene at IHMM has launched 45 in 5, getting the other 45 states to recognize our credentials in 5 years. If we can find a volunteer like Mark in other states [see above] we can work with those volunteers on crafting the right message to the right agencies in state governments across the country. If we find enough volunteers we can get this done in less than 5 years.
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
IHMM Scholarship Program
The Institute of Hazardous Materials Management is pleased to have created $32,000 in academic scholarships, divided equally between $16,000 for students enrolled in undergraduate or graduate education in approved schools and who are also Student CHMMs, and $16,000 for students enrolled in undergraduate or graduate education in approved schools and who are also Student ASHMs.
IHMM seeks to foster the growth and academic success of students whose courses of education, and participation in one of our Student certifications, will lead to those students becoming fully-certified IHMM credential holders later in their professional lives.
Go to > https://ihmm.org/scholarship/
IHMM CHMMⓇ 2022 Salary Survey
IHMM is pleased to release its 2022 salary survey for Certified Hazardous Materials ManagersⓇ [CHMMⓇ] across a broad range of position titles in the CHMMⓇ community of practice.
You may download the CHMM survey here.
IHMM CSHMⓇ 2022 Salary Survey
IHMM is pleased to release its 2022 salary survey for Certified Safety and Health Managers Ⓡ [CSHMⓇ] across a broad range of position titles in the CSHMⓇ community of practice.
You may download the CSHM survey here.
Sponsored content
IHMM – 26 Fellows Are Mentors
IHMM Fellows Committee Chair Atanu Das, CHMM, is leading the effort within the IHMM Collaboration networking platform to provide instruction to the more than 75 IHMM Fellows in becoming mentors.
Given the extraordinary experience Fellows have, this is a unique opportunity for IHMM Fellows to help guide more recent certificants in their professional development activities.
IHMM’s Collaboration platform contains a “Mentor Match” module [see below at right] that allows mentors to signup designating the hours, number of mentees, subject areas, and length of time they wish to mentor – as well as allowing mentees to signup requesting assistance in specified areas. The mentor match module does the rest by matching mentors and mentees.
#1 – Recertification Video
#2 Recertification Video
IHMM Recertification Videos
IHMM is pleased to release two YouTube instructional videos about navigating the IHMM recertification process. These step-by-step videos easily enable IHMM certificants to start and complete a recertification application.
While the full recertification cycle is 5 years, IHMM encourages all certificants to start a recertification application and add certification maintenance points as they are earned to make the final submission quick and easy to accomplish.
Retiring? IHMM Invites You to Become an Emeritus
You may have decided, after a long and successful career, to retire from active daily duty. Congratulations. That doesn’t mean you have to completely disengage from your profession. IHMM is pleased to offer Emeritus status to all certificants who will no longer be actively engaged in their communities of practice but who still want to stay in touch. Please let us know when you’re approaching that decision and we will assist you in the credential transition.
Please contact Margaret Toscano at [email protected] and she’ll be happy to help you.
National Safety Council
IHMM is a member of the National Safety Council and is pleased to bring this important information to all of our certificants.
NSC News
OSHA says its new authority to issue nonimmigrant status visas will aid investigations
Survey seeks the state of safety at manufacturing and warehousing facilities
‘Three strikes’: Study finds people won’t forgive robot co-workers for repeated mistakes
Use of personal sensors to monitor worker stress may come with privacy issues
Uterine cancers related to 9/11 now covered by WTC Health Program
‘Safety Break’: Oregon OSHA’s annual stand-down set for May 10
NSC Webinars
Sponsored Content
American Society of Safety Professionals
IHMM is a member of the American Society of Safety Professionals and is pleased to bring this important information to all of our certificants.
Registration Open – June 5-7, San Antonio
ASSP News
Episode 100: Assessing and Reducing the Amount of Waste Coming from Your Work Site
A WISE Mentoring Success Story: Michelle Arias
Disproportionate Impacts of Work
Q&A: What OSH Professionals Need to Know About DEI and Workplace Safety
SafetyFOCUS Can Fulfill a New Year’s Resolution
NIOSH Challenge Aims to Improve Respirator Fit Testing
Episode 98: OSHA Recordkeeping: What Safety Professionals and Employers Need to Know
ASSP Webinars
March 1 – Pandemic Challenges: How to Return to Work Safely
March 8 – Legal Framework and Workplace Best Practices for Infectious Disease Including COVID-19
March 2-30, 2023 – ONLINE COURSE: Safety Management I
March 2-30, 2023 – ONLINE COURSE: Safety Management II
March 3, 2023 – ONLINE COURSE: Enterprise Risk Management for Safety Professionals
IHMM GOVERNMENT AFFAIRS
Sponsored Content
Beltway Buzz – Ogletree Deakins
Wilson Leaving FTC. Christine Wilson, the only Republican commissioner serving on the Federal Trade Commission, announced this week that she would be resigning her position. In an opinion piece printed by an internationally circulated publication, Wilson cited as her reason for resigning “concerns about the honesty and integrity of [FTC chair] Ms. Khan and her senior FTC leadership.” Wilson also expressed substantive concerns regarding the Commission’s proposal to ban noncompete agreements. While many factors influence the rulemaking process, the absence of a dissenting voice at the Commission could have a significant impact on the substance and timing of any final noncompete rule.
Wage and Hour Nominee Blocked in Committee. This week, the U.S. Senate Committee on Health Education, Labor and Pensions failed to advance the nomination of Jessica Looman to be administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). The vote split along party lines, with eleven Democrats voting in favor and ten Republicans voting in opposition. However, one of those affirmative votes was cast by proxy for Senator Bob Casey (D-PA), who was not in attendance due to health-related reasons, and could not be used to break a tie vote under Senate rules. Senator Bill Cassidy (R-LA), ranking member of the committee, criticized Looman’s work as principal deputy administrator of the WHD, which, he said, “has issued multiple proposed rules that would effectively destroy the independent contracting and franchising industries, revealing an antiquated approach to a twenty-first century workforce.” Separately, the committee voted 12–9 to advance the nomination of Karla Gilbride to be general counsel of the U.S. Equal Employment Opportunity Commission.
WHD Issues Guidance on Breaks While Teleworking. On February 9, 2023, the Wage and Hour Division issued a field assistance bulletin (FAB) on “Telework Under the Fair Labor Standards Act and Family and Medical Leave Act.” The FAB addresses the following issues relating to teleworking employees:
- At-home breaks. The FAB notes that as in the traditional workplace setting, short breaks of twenty minutes or less are compensable, “regardless of whether the employee works from home, the employer’s worksite, or some other location that is not controlled by the employer.” Conversely, breaks that are twenty minutes or more during which the employee is completely relieved of their duties, as well as bona fide meal breaks of thirty minutes or more, are not counted as hours worked when teleworking.
- Nursing employees. The guidance clarifies that the Fair Labor Standards Act’s (FLSA) requirements that covered employees be provided with a “reasonable break time” and place (other than a bathroom) to express breast milk also applies when the employee is working remotely from home or another location (e.g., a client worksite). The FAB further explains that employers are not required to compensate employees for breaks taken to express milk, unless the employer generally provides compensated breaks.
- Family and Medical Leave Act (FMLA) application. The FAB states, “Employees who telework are eligible for FMLA leave on the same basis as employees who report to any other worksite to perform their job.” The FAB continues, “When an employee works from home or otherwise teleworks, their worksite for FMLA eligibility purposes is the office to which they report or from which their assignments are made.”
OFCCP Extends Time for FOIA Objectors. This week brings further news regarding the Office of Federal Contract Compliance Programs (OFCCP) and its potential release of certain federal contractors’ EEO-1 data pursuant to a Freedom of Information Act (FOIA) request. In order to perform “additional quality assurance checks” to ensure that it has an accurate list of contractors that have not objected to the disclosure of this information, OFCCP announced that it is further extending the time for contractors to file their objections from February 17, 2023, until March 3, 2023. According to the announcement, by February 17, 2023, OFCCP will publish an updated list of contractors that have not objected to the release of their EEO-1 data, and “[t]his updated list will remove contractors that [OFCCP has] identified as incorrectly included” or otherwise objected during the beginning of February 2023. OFCCP will publish an updated list of nonobjectors by March 10, 2023, and provide one final opportunity to object by March 17, 2023. OFCCP’s actions follow a February 10, 2023, letter from House Committee on Education and the Workforce Chairwoman Virginia Foxx (R-NC) that expressed her concern that “OFCCP has not taken the necessary steps to notify federal contractors, especially smaller employers, that the non-objector list may have errors or that employers were required to submit objections previously to prevent their sensitive data from being released.”
EEOC Receives Comments on Draft Enforcement Plan. Late last week was the deadline for the regulated community to submit comments on the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed Strategic Enforcement Plan for 2023–2027. Groups representing employers urged the Commission to refrain from supporting calls for the creation of new causes of action and burdens of proof relating to employers’ use of artificial intelligence and also cautioned the EEOC against targeting lawful arbitration agreements. These same commenters urged the Commission to issue guidance or regulations to clarify terms in the recently enacted Pregnant Workers Fairness Act. Comments from civil rights groups recommend “us[ing] the full force of the EEOC’s powers to proactively investigate discrimination in the use of hiring technologies” and encourage the EEOC to target industries that partner with independent contractors.
Stateside Visa Renewals on the Way? Christina M. Kelley has the scoop on the U.S. Department of State’s plans to launch a pilot program that will allow certain H and L visa holders to renew their visas within the United States, rather than having to travel abroad to do so at a U.S. embassy or consulate. While details of the plan are unavailable, it is intended to ease the current visa backlog resulting from COVID-19 disruptions, and it is expected to launch sometime this year.
OSHA Update. The Occupational Safety and Health Administration (OSHA) remains quite busy. For example:
- OSHA to AZ: If you like your plan, you can keep your plan. OSHA announced this week that it is rescinding its proposal to revoke Arizona’s state workplace safety plan, and that the plan will therefore stay in place. According to OSHA, Arizona has satisfactorily taken steps to adopt federal standards and penalty levels, among other actions.
- Immigration status for certain workers. On February 13, 2023, the DOL announced that, effective March 30, 2023, OSHA will have the authority to issue certifications in support of applications for U Nonimmigrant Status and T Nonimmigrant Status visas. These visas provide immigration status to noncitizens who assist law enforcement in investigating and prosecuting certain crimes, including human trafficking. The move piggybacks on the U.S. Department of Homeland Security’s recently streamlined process for workers seeking deferred action when they cooperate with labor violation investigations.
- Investigations in the absence of a complaint or accident. Finally, check out John D. Surma’s and David B. Walston’s explainer on OSHA’s update to its Site-Specific Targeting program. According to the update, the program is intended to direct OSHA’s “enforcement resources to those workplaces with the highest rates of injuries and illnesses.”
HAZARDOUS MATERIALS SOCIETY
IHMM and HMS
The graphic to the left illustrates the relationship between IHMM and HMS. IHMM formed HMS to serve IHMM’s certificants. IHMM offers a variety of professional credentials and HMS creates education and training programs to serve the applicants and certificants of those credentials.
AT HMS/Rockville – FREE US DOT PHMSA HMIT GRANT HAZARDOUS MATERIALS REGULATIONS AWARENESS TRAINING WORKSHOP – BASIC – 24 IHMM CMPs
2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course – BASIC – Rockville, MD
June 6 @ 8:00 am – June 8 @ 5:00 pm – FREE
Register Here > https://hazmatsociety.org/training/2023-phmsa-hmit-grant-24-hour-dot-hazmat-regulations-awareness-course-rockville-md/
AT HMS/Rockville – FREE US DOT PHMSA HMIT GRANT HAZARDOUS MATERIALS REGULATIONS AWARENESS TRAINING WORKSHOP – ADVANCED – 28 IHMM CMPs
2023 PHMSA HMIT Grant 28-Hour DOT HAZMAT Regulations Awareness Course – ADVANCED – Rockville, MD
June 13 @ 8:00 am – June 15 @ 5:00 pm – FREE
Register Here > https://hazmatsociety.org/training/2023-phmsa-hmit-grant-28-hour-dot-hazmat-regulations-advanced-course-rockville-md/
FREE US DOT PHMSA HMIT GRANT HAZARDOUS MATERIALS REGULATIONS AWARENESS TRAINING WORKSHOP – 24 IHMM CMPs
Courses are here> Go to https://hazmatsociety.org/education-training/ Under “Find Training,” Search for NPETE>
These workshops are offered with U.S. DOT PHMSA HMIT (Hazardous Materials Instructor Training) Grant support to the National Partnership for Environmental Technology Education (National PETE). This training is FREE for employees and federal, state, county, and local government employees involved in DOT HazMat Shipping, Receiving and Handling via Ground, Air, and Vessel Transportation.
The workshop curriculum is in accordance with 49 CFR § 172.704 for General Awareness, Function-Specific, Safety, and Security Awareness training requirements. Class size is limited to 10-15 students with mask/social distancing protocols, so act fast. Minimum of 6 attendees is needed to confirm the class.
Registration: Contact Mr. Raymond Davis, CHMM, IHMM Fellow, NPETE US DOT PHMSA HMIT Grant Project Coordinator/Instructor at [email protected]
Please provide Mr. Davis with the following registration information via email to [email protected]
Your name, Your company, Your company address/city/state/zip, Phone number, and Email
Upon receipt of your registration information, the address of the training location will be provided.
CHEMTREC, HMS Training Partner, Adds Courses for IHMM Certificants
CHEMTREC, an HMS training partner, has had 6 courses approved in advance for earning IHMM recertification certification maintenance points. We are pleased to promote these programs as reviewed and approved by the HMS Education and Training Committee, chaired by Diana Lundelius. Thank you CHEMTREC, and thank to HMS’ Education and Training Committee.
Bowen EHS, HMS Training Partner, Adds Courses for IHMM Certificants
Bowen EHS, an HMS training partner, has had 4 courses approved in advance for earning IHMM recertification certification maintenance points. We are pleased to promote these programs as reviewed and approved by the HMS Education and Training Committee, chaired by Diana Lundelius. Thank you Bowen EHS and thank to HMS’ Education and Training Committee.
Thank you Bowen EHS for contributing programs enabling IHMM certificants to engage in professional development and earn important CMPs! All three of the new Bowen EHS programs are available online and on demand.
| Daily | EPCRA Tier II Reporting | Bowen EHS | Online |
| Daily | CHMM Online Review | Bowen EHS | Online |
| Daily | Emergency Management Self-Paced PDC | Bowen EHS | Online |
| Daily | Acute Toluene Exposure Webinar | Bowen EHS | Online |
Thank you Bowen EHS for contributing programs enabling IHMM certificants to engage in professional development and earn important CMPs! All three of the new Bowen EHS programs are available online and on demand.
Florida Southwestern State College & IHMM
Hazmat Train the Trainer – March 6, 2023 to April 16, 2023
Course Length: Thirty (30) hours of guided coursework completed over 5-weeks (participants work independently on their own time, but must meet required, paced milestones).
Course Dates: March 6, 2023 to April 16, 2023
Course Description: Hazardous materials are everywhere and integral to life in the US, whether it’s the fuel for our cars, energy storage devices for our computers, paints or fire extinguishers to keep us safe. The global hazardous materials safety system depends heavily on the training of employees responsible for preparing, loading, unloading and transporting these commodities around the world. This course, coming soon to FSW, will provide tools and guidance on how to plan, develop and deliver a hazardous materials training program for your company’s employees.
Whether you are trying to improve your skillset for the job that you have, or trying to increase your capabilities for your next job, this course will help you play an integral role in the safe transport of goods around the world. In addition to hazmat general awareness training, this course will provide guidance on adult learning philosophies, course development tools and evaluating your company’s operations to meet the regulatory requirements for hazmat training.
Register > https://hazmatsociety.org/training/hazmat-train-the-trainer/
Easily Find Courses to Help You Pass IHMM Credential Exams
A core mission of HMS is education and training. Part of that mission includes assembling the best and most effective courses to assist IHMM applicants in passing their IHMM credential exams.
CDGP® Prep Course
CE-1112: CDGP® Exam Prep – Columbia Southern University – Available On Demand
CHMM® Prep Courses
Daily – CHMM® Online Review – Bowen
Daily – CHMM® Prep Course – Institute of Safety & Systems Management
Daily –Certified Hazardous Materials Managers (CHMM®) Exam Prep – SPAN Exam Prep, Division of ClickSafety
CSHM® Prep Courses
IHMM and HMS Tie Exam Preparation Together for Applicants
Every IHMM certification that requires an examination has a section of its website entitled Examination Preparation.
Connected to the Examination Preparation panel is a companion panel that is Find a Course to Prepare for the Exam.
You see the Find a Course to Prepare for the Exam panel from the CHMM site at left.
When you click on the Find a Course to Prepare for the Exam panel it takes the applicant directly to the HMS site where all CHMM prep courses may be found and chosen.
For the 397 CHMM applicants IHMM had on August 31, 2022, all 397 looking for CHMM prep courses could see and chose their favored CHMM exam prep course. If your course is not on the HMS platform, none of the 397 CHMM applicants could find you.
If you want your CHMM prep course on the HMS platform so it can be found by IHMM CHMM applicants, contact Gene Guilford at [email protected]
HMS Makes Finding Courses to Earn CMPs Easy
Every year more than 1,600 IHMM certificants have to recertify their credentials, evidenced their continuing commitment to improvement and learning to elevate their professional credential.
Earning Certification Maintenance Points [CMPs] is illustrated under Recertification of Your Credential, that includes the Recertification Claims Manual – Appendix A, that details all of the ways a certificant may earn CMPs > https://ihmm.org/recertification-claims/
Having mastered that manual, how does an IHMM certificant find courses to earn CMPs?
HMS has made that simple and easy.
- Go to https://hazmatsociety.org/education-training/
- Scroll down until you see a row of buttons…click on the CMPs button
The system will then generate all of the courses on the HMS E&T platform with IHMM CMPs already attached.
The next developments by the HMS E&T committee will refine available courses’ CMPs by individual credential!
HMS Certified Dangerous Goods Professional [CDGP] Exam Prep
The Columbia Southern University/HMS CDGP prep course is found here on the Hazardous Materials Society [HMS] education and training website > https://hazmatsociety.org/training/ce-1112-cdgp-exam-prep/2022-02-02/
The CSU CDGP exam prep course is delivered entirely online and may be initiated by any CDGP applicant at any time. The CDGP applicant has up to 10 weeks to complete the prep course, though an extension of the 10 weeks may be requested from CSU directly. The CSU CDGP exam prep course contains 8 modules covering the 4 principle texts involved in the CDGP exam, as follows:
- UN Recommendations on the Transport of Dangerous Goods, and
- International Civil Aviation Organization’s Technical Instructions (ICAO TI), and
- International Air Transport Association’s Dangerous Goods Regulations (IATA DGR), and the
- International Maritime Organization’s Dangerous Goods Code (IMDG Code).
More information on the IHMM Certified Dangerous Goods Professional [CDGP] credential may be found here > https://ihmm.org/cdgp/
Applications for the 2023 HMS Scholarship Awards Now Open
The HMS scholarship award is given annually to undergraduate and graduate students whose academic program and research studies have the potential to address the most serious issues in handling hazardous materials, dangerous goods, environmental issues, health & safety challenges. Applicants must be U.S. citizens or permanent residents enrolled in accredited U.S. academic institutions.
DEADLINE TO SUBMIT SCHOLARSHIP AWARD APPLICATIONS IS December 1, 2023. All submissions and associated materials must be submitted using the online form.
Scholarship Winners Will Be Announced at the HMS Annual Meeting.
For More Information, Visit > https://hazmatsociety.org/scholarship/
Donate to HMS
One of the most important projects of the Hazardous Materials Society is our Scholarship Program.
HMS wants to make it as easy as possible for those who cannot always afford to participate in pursuing certification, or keeping up with professional development, or attending great conferences and receiving outstanding training. HMS does not solicit contributions from the general public. HMS does ask IHMM’s certificants and their companies and our education and training vendors to consider a contribution.
Here, through your generosity, you can make a difference in promoting the ability of those who can afford it least to become participants in our communities of practice.
It’s never too late to make a difference, so don’t let this opportunity to make a difference pass you by. Please consider a tax-deductible donation of $250, $500 or what you can to help build HMS’s effort to help others in our communities of practice.
RCM&D Professional Liability Insurance
HMS is proud to have partnered with RCM&D to be able to offer an outstanding comprehensive professional liability insurance program to IHMM certificants. Here, you will find information about this important program offering Environmental Consultants and Engineers Professional Liability coverage. This coverage is intended to add protection for loss stemming from actual or alleged negligent acts, errors and omissions in performing professional services.
For more information see > https://hazmatsociety.org/professional-liability-insurance/
Member Benefits of Hazardous Materials Society
99% of IHMM certificants are aware of the Hazardous Materials Society, which we appreciate. IHMM established the Hazardous Materials Society in order to support and provide services to IHMM certificants.
Did You Know?
Your company’s membership dues for Associate Membership in the Hazardous Materials Society (HMS) are 100% tax-deductible and your participation directly supports scholarship and education/training opportunities for professionals working in hazmat and EHS. Joining as an Associate Member expresses your commitment and your company’s leadership in giving back to our professional community. Join today to claim your tax deduction for the 2020 tax year while expressing your company’s professional affiliation and accessing tools for your marketing and business development plans.
As an IHMM certificant, you pay no dues to take advantage of IHMM’s Foundation at HMS. We do appreciate IHMM’s certificants encouraging their companies to contribute.
To learn more about what HMS is doing now and what they are planning for the future, please see the new Member Benefits page here.
A Collaborative Culture
There are 868 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]
Columbia Southern University
The Hazardous Materials Society [HMS] is a partner of Columbia Southern University. Columbia Southern University is an online university based in Orange Beach, Alabama, that strives to change and improve lives through higher education by enabling students to maximize their professional and personal potential.
A subsidiary of Columbia Southern Education Group, CSU offers online degree programs at the associate, bachelor, master, doctorate or certificate levels in a multitude of areas such as occupational safety and health, fire administration, criminal justice, business administration, human resource management, health care administration and more. CSU also features undergraduate and graduate certificate programs to provide focused training in specialized areas for adult learners.
Click on the CSU graphic at left and learn more about the professional development and degree program opportunities at CSU.
IHMM CONFERENCES FOR 2023
IHMM will attend and support a number of conferences and trade shows throughout 2023, virtually as well as in-person as resources allow. Below are some of the conferences IHMM will support in 2023.
Are there conferences you believe IHMM should attend that do not appear here? If so, let us know by sending an email to [email protected]
ASSP Greater San Jose and San Francisco Chapters Safety Symposium
San Ramon Marriott – Thank you Bart Miller for leading this effort
March 9, 2023
COSTHA Annual Forum and Expo
Embassy Suites by Hilton Dallas-Frisco Hotel & Convention Center
April 30 – May 24, 2023
National Safety Council Congress & Expo
New Orleans, LA
October 23-25, 2023
IHMM has a companion organization for which education and training programs are presented and delivered. The Hazardous Materials Society is IHMM’s Professional Association and HMS’ education and training website can be found here. These events are produced independently of IHMM, and their providers have no access to IHMM certification examinations or program information other than that which is publicly available.
IHMM AFFILIATIONS
9210 Corporate Boulevard, Suite 470
Rockville, Maryland, 20850
www.ihmm.org | [email protected]
Phone: 301-984-8969 | Fax: 301-984-1516