IHMM Today January 10, 2023

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Tuesday, January 10, 2023

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.
Phone: 301-984-8969 | [email protected]
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From ASHM to CSHM – Build Your ESH Career

With graduation from an IHMM-approved college or university you became an Associate Safety and Health Manager [ASHM]. The next step is to become a Certified Safety and Health Manager [CSHM].

IHMM’s Certified Safety and Health Manager (CSHM®) credential recognizes environmental, health and safety managers who have a mastery of OSHA regulations and industry standards as well as exceptional management skills. The holder of this credential manages for worker and workplace safety. As a health and safety manager, you are focused on the safety of your employees and workplace. Now you can be recognized for your commitment with a CSHM® credential.

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?

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

Mike Howe, MS, CSSM, CSHM, Chair of the IHMM CSSM-CSSS Committee

IHMM is honored to highlight one of its committee Chairs, Mike Howe.

Mike is an experienced Environmental Health & Safety manager with primary career responsibilities within industry (e.g., manufacturing), and Education/Academics (e.g., Community & Technical College) for: EHS management, regulatory consultation and compliance, security and protective services, loss prevention, emergency preparedness and response, strategic planning and continuity-of-operations, ISO 9001 certification, leadership, employee management, progressive discipline, training & development, and other related HR functions.

When IHMM acquired ISHM in 2019 there were five credentials that came in the acquisition, two of which had no blueprints or examinations; the Certified School Safety Manager [CSSM] and the Certified School Safety Specialist [CSSS]. Unless IHMM could create new blueprints and examinations from the ground up, there could be no CSSM or CSSS credentials.

Thanks to the outstanding leadership of Mike Howe, and a few very dedicated members of his committee, IHMM has produced its first CSSM blueprint and is close to completing its first CSSM examination. IHMM intends on launching the real CSSM credential in February.

There is nothing stronger than the heart of a volunteer. With it beats the spirit of service, generosity and compassion…and the health and the wellbeing of the community, country and our world’, Kobi Yamada, in “The Heart of a Volunteer”

Mike Howe perfectly embodies the Yamada quote in reality, performance, and spirit. Nothing IHMM does could be accomplished without dedicated volunteers and we appreciate everything Mike Howe and his team does for us.

Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions

The Biden Administration’s Unified Agenda of Regulatory and Deregulatory Actions (Agenda) reports on the actions administrative agencies plan to issue in the near and long term. Released by the Office of Information and Regulatory Affairs, the Agenda provides important public notice and transparency about proposed regulatory and deregulatory actions within the Executive Branch.

The Regulatory Information Service Center (RISC) was created in June 1981. The Center undertakes projects that will facilitate development of and access to information about Federal regulatory and deregulatory activities. The Center’s principal publication is the Unified Agenda in coordination with the Office of Information and Regulatory Affairs. Since 1978, Federal agencies have been required by Executive orders to publish agendas of regulatory and deregulatory activities. RegInfo.gov displays editions of the Unified Agenda of Federal Regulatory and Deregulatory Actions beginning with fall 1995.

Read more > https://www.reginfo.gov/public/do/eAgendaMain

California OSHA – COVID-19 Prevention – Non-Emergency Regulation What Employers Need to Know

On December 15, 2022, the Occupational Safety and Health Standards Board voted to adopt nonemergency COVID-19 Prevention regulations. These regulations will take effect once they are approved by the Office of Administrative Law (OAL) in the month of January 2023 and will remain in effect for two years after the effective date, except for the recordkeeping subsections, which will remain in effect for three years. These regulations include some of the same requirements found in the COVID-19 Prevention Emergency Temporary Standards (ETS), plus new provisions aimed at making it easier for employers to provide consistent protections to workers and allow for flexibility if changes are made to CDPH guidance in the future.

Read more > https://www.dir.ca.gov/dosh/coronavirus/Non-Emergency-regs-summary.pdf

Register Now for
“Two Years Later: How Has the Chemicals
Strategy for Sustainability
Changed REACH and CLP Regulations?”
Webinar
January 17, 2023
10:00 a.m. – 11:00 a.m. (EST)
3:00 p.m. – 4:00 p.m. (GMT)
Register Now

On October 14, 2020, the European Commission adopted the Chemicals Strategy for Sustainability. The Strategy set into motion a series of remarkable actions by the European Chemicals Agency (ECHA) intended to transform the European Union (EU) into a sustainable and carbon neutral economy while improving protection of its people and the environment. The Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) and the Classification, Labeling and Packaging (CLP) regulations are the cornerstones for regulating chemicals in the EU. The Strategy necessarily involves modifications to REACH and CLP to effectuate the Strategy’s goals. This webinar will explore exactly how the Strategy is fundamentally reshaping the REACH and CLP regulations in ways that are resetting the global stage in terms of identifying new hazard classes and New Approach Methodologies (NAM) for identifying them. We will focus on the practical implications of a large number of secondary legislations in the EU that will undoubtedly change forever core concepts of chemical hazard, risk assessment, and risk management.

REACH and CLP experts from the Brussels-based consultancies of EPPA and ToxMinds and from The Acta Group (Acta®), with offices in Brussels, the U.K., and Washington, D.C., will discuss the regulatory, scientific, and policy changes that are influencing chemical management in the EU and beyond.

Who Should Attend?

Chemical product stewards, regulatory specialists focusing on industrial chemical management, toxicologists, lawyers, regulatory chemists, hazard communication specialists, government affairs specialists, trade specialists, and all others responsible for managing and advising on issues pertinent to chemical management are invited to attend.

The First Addendum to the 64th edition of the IATA issued

It didn’t take long for IATA to release the first addendum to the 64th edition of the IATA DGR.  Back on December 15th, 2022, IATA posted the first addendum, which includes corrections and revisions to the 2023 IATA Dangerous Goods Regulations. The addendum will go into effect on January 1st, 2023 and will last until December 31st, 2023.   Below are some details about what this Addendum will include.   

What does this Addendum Include?  

The addendum includes corrections and revisions, which consist of several packing instructions that have been amended. For example, Packing Instruction Y203 for limited quantities of aerosols will be removing the word “metals” referenced below: 

Aerosols and receptacles, small containing gas (gas cartridges) must meet the requirements of 6.4.4. The capacity of metal receptacles must not exceed 1,000 mL; plastic receptacles must not exceed 500 mL. Non-refillable metal aerosols and non-refillable receptacles containing gas (gas cartridges) containing toxic substances must not exceed 120 mL capacity. 

Read more > https://www.thecompliancecenter.com/the-first-addendum-to-the-64th-edition-of-the-iata-issued/

European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) 2023

From this page it is possible to view and download the text of the annexed regulations to the ADN as applicable from 1 January 2023 (ADN 2023) in PDF format. The electronic version of the publication is made available for information purposes only. To comply with the requirements of ADN, refer to the official UN official publication on paper.

View or download ADN 2023 (EN/FR/RU)

This publication can be obtained from distributors of United Nations Publications or from the UN Bookshop (see how to order).

Requests to use or reproduce excerpts or to photocopy should be addressed to the Copyright Clearance Center at copyright.com.

PHMSA offers Hazmat transportation training workshops and webinars

PHMSA offers Hazmat transportation training workshops and webinars throughout the year. These free training opportunities are for anyone who offers or transports hazardous materials in commerce, or has a desire to learn more about DOT’s Hazardous Materials Regulations (HMR).

PHMSA conducts webinars specialized to meet the needs of industry or the public safety community. Transportation webinars provide a basic overview of the regulatory requirements – what they are, how they apply, and how to comply with them – for shipping and transporting Hazardous Materials.

To register for any of the webinars below, please use the following link:
https://opsweb.phmsa.dot.gov/hm_seminars/default_webinar.asp

Read more >> https://www.phmsa.dot.gov/hazmat/seminars/webinars

Touting ‘Durable’ Approach, EPA Adopts Dual Tests In Revised WOTUS Rule

EPA and the Army Corps of Engineers have finalized their rule redefining “waters of the United States” (WOTUS) subject to the Clean Water Act (CWA), touting it as a “durable” policy that returns to pre-2015 standards while introducing several new exclusions from federal jurisdiction, including six new waivers for agricultural lands.

The agencies released a pre-publication version of the rule on Dec. 30, but have not yet scheduled it for publication in the Federal Register. The regulatory text notes that it will become effective 60 days after formal publication.

The Dec. 30 rule generally directs EPA and the Corps to apply pre-2015 WOTUS standards, but with an array of new additions and exclusions that the agencies say are needed to comply with high court decisions and otherwise stay within the limits of the statute.

–Inside EPA

CEQ Readies NEPA Climate Guide, Amid Queries On GHG ‘Significance’

The White House in the coming days is expected to release a long-awaited Council on Environmental Quality (CEQ) guidance addressing climate change issues under the National Environmental Policy Act (NEPA), amid questions about whether the guide will set project-level thresholds for “significant” greenhouse gas emissions.

In addition, observers are closely watching whether the forthcoming guidance will require agencies to use the social cost of carbon (SCC) metric to monetize projects’ climate-related damages, after an Obama-era guide only encouraged use of the tool.

The White House Office of Management & Budget (OMB) completed its review of the draft guidance Dec. 27, clearing the way for the document to be issued publicly, though it had not been released at press time. It is not known if CEQ will issue the guidance in proposed form, subject to a public comment process, or whether it will be immediately final.

OMB had been reviewing the guidance since July. CEQ had earlier said the document would be released in September 2021, meaning it is over a year late.

–Inside EPA

EPA Faces Crush Of Major Air Rules In 2023, Casting Doubt On Schedules

EPA plans to release an ambitious slate of proposed and final air regulations this year, according to its latest regulatory agenda, with several major rulemakings now scheduled for the spring as the agency strives to stick as closely as it can to its original timetable, though there is some doubt as to whether it can meet those deadlines.

Already behind its original target dates for several major rules, EPA hopes to catch up in 2023, according to the Fall Unified Agenda, itself released behind schedule Jan. 4.

For example, EPA is expected to release its proposal to tighten national ambient air quality standards (NAAQS) for particulate matter (PM) Jan. 6, and the agenda now lists the target date of a final version in August — less than a year after the proposal.

Typically, rules of this magnitude take about a year to finalize. EPA originally planned for a final PM NAAQS rule in the spring of 2023, but a final rule late in 2023 or even in early 2024 now appears more likely.

–Inside EPA

EPA Plans Likely Tightening Of Chemical, Oil Sector Air Toxics Rules

EPA is launching a new, near-term combined rulemaking that may tighten air toxics rules across several chemical and oil industry sectors, including refineries, ethylene production plants, miscellaneous organic chemical manufacturing (MON) and organic liquids distribution, according to the agency’s latest regulatory agenda.

The fall Unified Agenda released Jan. 4 lists a new cross-cutting rulemaking that would respond to various petitions for reconsideration from environmentalists or industry with regard to existing national emissions standards for hazardous air pollutants (NESHAP) rules for these sectors.

“In particular, the agency plans to reconsider certain aspects of similar standards that can be found in these NESHAP, including the work practice standards (WPS) for pressure relief devices (PRD) and emergency flaring, the WPS for degassing of floating roof storage vessels, as well as address certain other clarifications and technical amendments raised in petitions for reconsideration for each source category,” the agenda says.

EPA aimed to issue a proposed rule in December, the agenda indicates, but has already missed that deadline. The agenda specifies a target date of June for a final regulation, although that appears ambitious, given that the proposal has not yet been issued.

–Inside EPA

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

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.

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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.


IHMM GOVERNMENT AFFAIRS

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Beltway Buzz – Ogletree Deakins

The 118th Congress Is Here. Sort of. As required by the U.S. Constitution, the 118th Congress gaveled in on January 3, 2023. If there was any hope that a new year would bring new competence and cooperation within the U.S. Congress, that hope ended quickly, as the election for Speaker of the U.S. House of Representatives abruptly spiraled into an intraparty imbroglio for House Republicans. As of this writing, there is no Speaker of the House, which means that members of the House haven’t been sworn in and the House of Representatives is unable to conduct business. Assuming a Speaker will soon be elected, here is a glimpse of what the Buzz will be watching for in Congress in 2023:

  • Chairman Bernie. In the U.S. Senate, Vermont Senator Bernie Sanders is in line to grab the gavel for the U.S. Senate Committee on Health, Education, Labor and Pensions. Expect him to focus on healthcare, union organizing, and workplace safety (particularly in the warehouse, transportation, and logistics industries).
  • Republican Investigations. In the House, Republicans are likely to use their oversight authority to shine light on the regulatory agendas of agencies such as the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). These two agencies in particular will be the subjects of multiple information requests, congressional inquiries, and hearings.
  • Legislative Gridlock. A divided Congress—with a slim and embattled Republican majority in the House—likely means that our representatives will struggle to pass even the most innocuous legislation, much less major legislative vehicles such as immigration reform or the Protecting the Right to Organize (PRO) Act. This also signals the end (for the next two years) of large reconciliation-driven packages such as the American Rescue Plan Act and the Inflation Reduction Act.

2023 Omnibus Catch-up. Before diving into predictions for 2023, a quick review of the last two weeks is warranted. Our legislators are motivated by deadlines, and the end of the calendar year, the end of the 117th Congress, and a potential government shutdown all combined to push Congress to pass a $1.7 trillion omnibus spending package that included multiple provisions that will impact the workplace. Below is a brief description of the labor and employment policy provisions enacted in H.R. 2617, the “Consolidated Appropriations Act, 2023,” which will fund the federal government through September 2023.

  • Pregnant Workers Fairness Act. For a while, prospects of passage of the Pregnant Workers Fairness Act (PWFA) looked bleak, but the bill eventually passed as an amendment to the omnibus. The Buzz has been tracking the PWFA for some time. The new legislation, which will be enforced by the U.S. Equal Employment Opportunity Commission (EEOC), requires employers to provide reasonable accommodation—such as more frequent bathroom breaks or an easing of lifting requirements—to pregnant workers.
  • PUMP Act. The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act passed the House of Representatives in October 2021 by a vote of 276–149, with fifty-nine Republicans voting for passage. The bill then sat on Senator Charles Schumer’s desk until the end of December 2022 when the political winds blew favorably and the bill was included—like the PWFA—as an amendment to the omnibus. The new law extends current protections for nursing workers to salaried employees and includes an enforcement mechanism.
  • Retirement. Also included in the omnibus package were a handful of retirement-related bills referred to as SECURE 2.0, which aim to encourage individuals’ retirement savings by, among other things, increasing the minimum distribution age and requiring automatic enrollment in retirement plans.
  • Immigration Provisions. Although the Equal Access to Green Cards for Legal Employment (EAGLE) Act of 2022 did not make it across the finish line, the omnibus included several immigration-related provisions. The legislation extended the E-Verify program, the special program for nonministerial religious workers, and the Conrad 30 waiver program for doctors practicing in underserved areas. The legislation also authorized the U.S. Department of Homeland Security and the DOL to provide additional H-2B visas beyond the statutory limitation.
  • Agency Funding. Of course, the funding bill also accomplished what it was primarily intended to do: fund federal agencies. Here is how the relevant workplace agencies fared:
    • For the first time since 2014, the NLRB received increased funding. The Board will add an additional $25 million to its bottom line, bringing its budget to just a bit over $299 million. Importantly, the prohibition on electronic voting remains.
    • The EEOC received a $35 million increase to $455 million. The explanatory statement accompanying the bill directed the EEOC to report to Congress within thirty days of the bill’s enactment “on the actions the Commission intends to take in response to the data and recommendations” contained in the National Academies of Sciences, Engineering, and Medicine report on the EEOC’s flawed pay data collection. The statement also encouraged the EEOC to resuscitate the National Equal Pay Enforcement Task Force.
    • The DOL’s Wage and Hour Division received a $9 million increase to $260 million.
    • The Occupational Safety and Health Administration (OSHA) received a $20 million increase to a little over $632 million.

FTC Proposes Ban on Noncompete Agreements. Christine Bestor TownsendTobias E. Schlueter, and Collin K. Brodrick have everything you need to know about the Federal Trade Commission’s (FTC) notice of proposed rulemaking to ban the use of noncompete agreements. While the timing of the proposal was a surprise (it never appeared on any of the three previous regulatory agendas released since the Biden administration came into office), the regulated community knew that something was coming. On the campaign trail, then-candidate Joe Biden promised to “eliminate all noncompete agreements.” President Biden took steps to follow through with this promise by installing Lina Khan as chair of the FTC and issuing the highly controversial antitrust executive order. As the Buzz has documented, there is also the memorandum of understanding between the NLRB and the FTC that specifically targets noncompetes, as well as the U.S. Department of the Treasury’s report on alleged uncompetitive practices. A lot of political capital is behind FTC’s effort this week. The U.S. Chamber of Commerce has already blasted the proposal as “blatantly unlawful.”

Fall 2022 Regulatory Agenda Finally Unveiled. The administration released its Fall 2022 regulatory agenda … on January 4, 2023. Here is what the regulatory roadmap looks like for the DOL:

  • Wage and Hour Division
    • Overtime. A proposal to amend the Fair Labor Standards Act’s (FLSA) overtime regulations is scheduled for May 2023.
    • Independent Contractor. Comments on the proposal to amend the FLSA independent contractor regulations closed on December 13, 2022. A final rule is expected to be issued in May 2023.
    • Davis-Bacon Act. A final rule amending the Davis-Bacon Act’s implementing regulations is slated for February 2023.
  • OSHA
    • Walkaround Representative.” This proposal, which is scheduled to issue in May of 2023, would codify OSHA’s controversial 2013 “walkaround” letter.
    • COVID-19 in Healthcare Settings. The Office of Information and Regulatory Affairs completed its review of the final rule. A final rule was scheduled to be issued in December 2022, so it can happen at any point now. (John D. Surma and Savannah M. Selvaggio have the details.)
    • Injury and Illness Recordkeeping. A final rule is expected in March 2023.
    • Heat Stress and Illness. The Small Business Regulatory Enforcement Fairness Act (SBREFA) process is scheduled to begin in January 2023.
    • Workplace Violence in Health Care and Social Assistance. A SBREFA panel was scheduled to begin in late December 2022 or early this year.
  • OFCCP
    • Modernization. In April 2023, the Office of Federal Contract Compliance Programs (OFCCP) intends to issue a proposal to “modernize” its obligations for federal contractors and subcontractors.
    • Pre-enforcement Notice and Conciliation Procedures. In March 2023, OFCCP is expected to finalize a rule amending its procedures for conducting investigations of federal contractors and subcontractors.
    • Subcontractor Disclosure. In March 2023, OFCCP is expected to issue a proposal “requiring contractors to provide notice to OFCCP when they award supply and service subcontracts.” The purpose of the proposal is to make it easier for “the agency to schedule supply and service subcontractors for compliance evaluations.”
    • Religious Exemption Rule. More than one year in the making, a final rule rescinding OFCCP’s 2020 rule regarding the religious exemption contained in Executive Order 11246 was scheduled to be issued in December 2022.

Employment-Based Immigration Fees to Skyrocket. On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) proposed changes to its fee schedule. Based on the proposal, it appears that USCIS is trying to make up for funding shortages that have plagued the agency over recent years. Some of the proposed employment based increases include the following:

  • H-1B petitions would increase from $460 to $780 (a 70 percent increase).
  • H-1B Pre-Registration program fee would increase from $10 to $215 (a 2,050 percent increase).
  • L-1 petitions would rise from $460 to $1,385 (a 201 percent increase).
  • O-1 petitions would increase from $460 to $1,055 (a 129 percent increase).

According to the proposal, the increases are necessary “due to expanded humanitarian programs, higher demand, increased processing times, and a need for more USCIS employees.” Of course, increasing the fees is unlikely to resolve ongoing processing delays at USCIS. Comments are due by March 6, 2023.

PHMSA – Rulemakings and Regulatory News

Safety Device Classification

On October 13, PHMSA published the notice “Hazardous Materials: Safety Device Classification Policy,” to the Federal Register. This Notice details what PHMSA will consider when reviewing an approval application to use the shipping description “UN3268, Safety devices, electrically initiated, 9,” and establishes a policy for classifying subcomponents of existing safety devices as safety devices in their own right.  In addition, the policy states that PHMSA will balance the potential safety benefits to persons in vehicles, vessels or aircraft with the potential danger posed by shipping explosive materials that are not incorporated in a larger component device.

Link: https://www.federalregister.gov/documents/2022/10/13/2022-22200/hazardous-materials-safety-device-classification-policy?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list

HM-260B “Editorial Corrections and Clarifications”

On December 27, PHMSA published the Final Rule HM-260B, “Editorial Corrections and Clarifications,” which amends the Hazardous Materials Regulations (HMR; 49 Code of Federal Regulations (CFR) parts 171-180) to correct typographical errors and supply information or language that had been inadvertently omitted. Changes include fixing incorrect regulatory references and citations, addressing misstatements of certain regulatory requirements, as well as removing obsolete references to regulatory provisions, dates, and outdated concepts (such as other regulated materials-domestic (ORM-D)).

Link: https://www.federalregister.gov/documents/2022/12/27/2022-26960/hazardous-materials-editorial-corrections-and-clarifications?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list

Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018)

On December 21, PHMSA published the Final Rule “Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018),” which revises HMR requirements for lithium cells and batteries transported by aircraft. This follows the previous Interim Final Rule, published in March 2019, which responded to congressional mandates, prohibited the transport of lithium ion cells and batteries as cargo on passenger aircraft, required lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge aboard cargo-only aircraft when not packed with or contained in equipment, and limited the use of alternative provisions for smaller lithium cell or battery shipments to one package per consignment.

In response to subsequent comments, this final rule provides editorial amendments and modification of certain provisions, including marking requirements, requests for an extension on the compliance date, and exception for lithium cells or batteries used for medical devices with approval by the Associate Administrator.

Link: https://www.federalregister.gov/documents/2022/12/21/2022-27563/hazardous-materials-enhanced-safety-provisions-for-lithium-batteries-transported-by-aircraft-faa?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list

Frequently Asked Questions ( on the Applicability of the Hazardous Materials Regulations

In March 2022, PHMSA announced an initiative to publish frequently asked questions (FAQ) on its website to facilitate better public understanding and awareness of the HMR. The FAQ contained in this repository were informed by historical letters of interpretation and are meant to resolve recurring requests for common letters of interpretation.

This final notice, issued December 9, 2022, finalizes answers to the first set of twelve FAQs in response to stakeholder comments, and announces the topic for the next set of FAQs, pertaining to incident reporting requirements.

The initial notice requested comment on the initiative, and sought stakeholder input on the prioritization of future sets of FAQs. To encourage greater engagement, the comment period was extended an additional 60 days, until July 22, 2022. PHMSA also held a webinar to clarify the process and offer direct Q&A.

Link: https://www.federalregister.gov/documents/2022/12/09/2022-26808/hazardous-materials-frequently-asked-questions-applicability-of-the-hazardous-material-regulations?utm_medium=email&utm_campaign=subscription+mailing+list&utm_source=federalregister.gov

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.

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.

DailyGround Transportation for CarriersChemtrecOnline
DailyOSHA Hazard Communications StandardChemtrecOnline
DailyShipping Lithium Batteries and Cells TrainingChemtrecOnline
DailyHazmat General, Safety and Security Awareness Online Training CourseChemtrecOnline
DailyIATA Dangerous Goods Online Training for OperationsChemtrecOnline
Daily49 CFR TrainingChemtrecOnline
DailyIATA Dangerous Goods Online Training for Operations PersonnelChemtrecOnline

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.

DailyEPCRA Tier II ReportingBowen EHSOnline
DailyCHMM Online ReviewBowen EHSOnline
DailyEmergency Management Self-Paced PDCBowen EHSOnline
DailyAcute Toluene Exposure WebinarBowen EHSOnline

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.

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
  1. CE-1112: CDGP® Exam Prep – Columbia Southern University – Available On Demand
CHMM® Prep Courses
  1. Daily – CHMM® Online Review – Bowen
  2. Daily – CHMM® Prep Course – Institute of Safety & Systems Management
  3. Daily –Certified Hazardous Materials Managers (CHMM®) Exam Prep – SPAN Exam Prep, Division of ClickSafety
  4. February 7-8, 2023 – CHMM® Examination Prep Course – Online – PTP Consulting
CSHM® Prep Courses
  1. Certified Safety and Health Manager® (CSHM®) Exam Preparation Course – VUBIZ – Available on Demand

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.

  1. Go to https://hazmatsociety.org/education-training/
  2. 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.

Sponsored Content

A Collaborative Culture

There are 823 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

Ohio Safety Congress and Expo

Greater Columbus Convention Center

March 8-10, 2023

COSTHA Annual Forum and Expo

Embassy Suites by Hilton Dallas-Frisco Hotel & Convention Center

March 24-April 30, 2023

AIHce EXP 2023

Phoenix Convention Center

May 22-24, 2023

ASSP Safety Conference and Exposition

San Antonio, TX

June 5-7, 2023

National Safety Council Congress & Expo

New Orleans, LA

October 23-25, 2023

HMS EVENTS CALENDAR

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.

DateEventEvent ProducerLocation
DailyCHMM Exam Prep CourseInstitute of Safety & Systems Management

Online

DailyCE 1112- IHMM CDGP Exam Prep (online) Columbia Southern University

Online

DailyCE 1102- Industrial Hygiene for Safety Professionals (online) Columbia Southern University

Online

DailyCE 1105: Maritime Hazardous Materials Inventory Columbia Southern University

Online

DailyDOT NON-Bulk Training Compliance Associates

Online

DailyWebinar IATA Dangerous Goods Training Compliance Associates

Online

DailyOSHA 30 Construction (Online) ClickSafety

Online

DailyHAZWOPER Refresher (Online) ClickSafety

Online

DailyHAZWOPER 40-Hour All Industries (Online) ClickSafety

Online

DailyHAZWOPER 24-Hour All Industries (Online) ClickSafety

Online

Daily8-Hour HAZWOPER Refresher Course Hazmat School

Online

DailyDOT Hazmat Employee with Packaging Course Hazmat School

Online

DailyRCRA Hazardous Waste Generator Online Training Course Hazmat School

Online

DailyOSHA Asbestos Awareness TrainingHazmat School

Online

DailyCHMM Online Review Bowen

Online

DailyOnsite Lithium Battery TrainingCompliance Associates

Online

DailyOnsite ADR TrainingCompliance Associates

Online

DailyWebinar ADR TrainingCompliance Associates

Online

DailyOSHA Confined Space Operations TrainingHazmat School

Online

DailyIATA/IMDG Certification TrainingDGI

Online

DailyDangerous Goods Shipping Private WebinarDGI

Online

DailyCSHM Exam Prep CourseVubiz

Online

DailyGround Transportation for CarriersChemtrec

Online

DailyOSHA Hazard Communications StandardChemtrec

Online

DailyShipping Lithium Batteries and Cells TrainingChemtrec

Online

DailyHazmat General, Safety and Security Awareness Online Training Course Chemtrec

Online

DailyIATA Dangerous Goods Online Training for Operations Chemtrec

Online

Daily49 CFR TrainingChemtrec

Online

DailyIATA Dangerous Goods Online Training for Operations PersonnelChemtrec

Online

DailyOnline 2-Hour OSHA Bloodborne Pathogen TrainingHazmat School

Online

DailyOnline Heat Illness Prevention TrainingHazmat School

Online

DailyOnline OSHA 24-Hour HAZWOPER Training CourseHazmat School

Online

DailyEPCRA Tier II ReportingBowen EHS

Online

DailyEHS Training Self-Paced PDCBowen EHS

Online

DailyEmergency Management Self-Paced PDCBowen EHS

Online

DailyAcute Toluene Exposure WebinarBowen EHS

Online

DailyDangerous Goods Regulations [DGR] Initial Category 6IATA

Online

Jan 17, 2023DOT HAZMAT Shipping by Highway/RailPTP

Online

Jan 19, 2023RCRA – Hazardous Waste ManagementPTP

Online

Jan 24-26 20232023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness CourseNPETE

Medina, OH

Feb 14, 2023DOT HAZMAT Shipping by Highway/RailPTP

Online

Feb 16, 2023IATA Transportation of Dangerous Goods by AirPTP

Online

Feb 20-22, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Brunswick, GA

Feb 28-Mar 2, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness and PPE Hazard Assessment Course

NPETE

Las Vegas, NV

Mar 7-9, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Clyde, NC

Mar 14-16, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Johnstown, PA

Mar 21-23, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Wheeling, WV

Mar 21, 2023DOT HAZMAT Shipping by Highway/RailPTP

Online

Mar 23, 2023RCRA – Hazardous Waste ManagementPTP

Online

Mar 28-30, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Jasper, AL

Apr 4-6, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Durham, NC

Apr 11-13, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

McMinnville, TN

Apr 18-20, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Moorefield, WV

Apr 24-26, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Youngstown, OH

May 10-12, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Oak Ridge, TN

May 16-18, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Centreville, MI

Aug 25-27, 2023

2023 PHMSA HMIT Grant 24-Hour DOT HAZMAT Regulations Awareness Course

NPETE

Omaha, NE

IHMM AFFILIATIONS

9210 Corporate Boulevard, Suite 470
Rockville, Maryland, 20850
www.ihmm.org | [email protected]
Phone: 301-984-8969 | Fax: 301-984-1516

2023-01-09T21:07:16+00:00

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