IHMM Remotely Proctored Exams Available Now
IHMM is pleased to announce that 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 of this year.
About 60% 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, CHMP, or CDGP exams or Kaylene Cagle at [email protected] for the CSHM or CSMP exams.
Phone: 301-984-8969 | [email protected]
Tuesday, March 16, 2021
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.
Below you will see the 8 credential badges that are now in each 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.
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IHMM UPDATES
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.
OSHA is enhancing COVID-19 worker protections
In response to President Biden’s executive order on protecting worker health and safety, the U.S. Department of Labor’s Occupational Safety and Health Administration has launched a national emphasis program focusing enforcement efforts on companies that put the largest number of workers at serious risk of contracting the coronavirus. The program also prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for exercising other rights protected by federal law.
“This deadly pandemic has taken a staggering toll on U.S. workers and their families. We have a moral obligation to do what we can to protect workers, especially for the many who have no other protection,” said Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick. “This program seeks to substantially reduce or eliminate coronavirus exposure for workers in companies where risks are high, and to protect workers who raise concerns that their employer is failing to protect them from the risks of exposure.”
NEP inspections will enhance the agency’s previous coronavirus enforcement efforts, and will include some follow-up inspections of worksites inspected in 2020. The program’s focused strategy ensures abatement and includes monitoring the effectiveness of OSHA’s enforcement and guidance efforts. The program will remain in effect for up to one year from its issuance date, though OSHA has the flexibility to amend or cancel the program as the pandemic subsides.
Read more > https://www.osha.gov/sites/default/files/enforcement/directives/DIR_2021-01_CPL-03.pdf
Creating the Water Workforce of the Future:
Webinar Series
Cultivating a Positive Workforce Culture From Apprenticeship to Career
April 1, 2021
12:00 p.m. – 1:30 p.m. Eastern Time
Register Here
This program is worth 1.5 IHMM CMPs
A career in the water sector offers meaningful and challenging work that makes a difference in local communities. By building an inclusive and supportive workplace that encourages employee growth, the sector can attract and retain the qualified candidates it needs.
Please join EPA on April 1, 2021, to hear from leaders in the water sector who are embracing the challenge of “Creating the Water Workforce of the Future.”
Joone Lopez from Moulton-Niguel Water District will describe her organization’s journey to build a culture that allowed MNWD to become recognized as one of the outstanding water utilities in the country.
Tim Friday and Eric Dunker from Castle Rock Water and Arapahoe Community College will then describe a utility/community college partnership that trains and places students into jobs in the water workforce.
Moderator
Jim Horne, U.S. EPA
Speakers
From Moulton Niguel Water District (Southern California)
• Joone Lopez: General Manager
From Castle Rock Water & Arapahoe Community College (Greater Denver Area)
• Tim Friday: Assistant Director
• Eric Dunker: Associate Vice President and Dean of Arapahoe Community College: Business, Technology, and Workforce Partnerships
WEBINAR
Thursday, March 18th, 2:00 p.m. ET (1 hour)
Click here to register and submit a question for our presenters in advance.
This program is worth 1.0 IHMM CMPs
CPWR-NIOSH COVID-19 Webinar
An Update on COVID-19 Vaccinations and Q&A with CDC’s Essential Workers Team
Welcome:
Chris Trahan Cain, CIH, Executive Director, CPWR
Presenter:
CAPT Lisa Delaney, MS, CIH, Associate Director of the Emergency Response and Preparedness Office at the National Institute for Occupational Safety and Health (NIOSH), Lead of the Essential Workers Team on CDC’s COVID-19 Vaccine Task Force
Q&A Moderator:
Doug Trout, MD, MHS, Chief, Hazard Evaluations and Technical Assistance Branch, DFSE, NIOSH
This webinar is a follow-up to January’s session on Vaccination & Ventilation: A Conversation about Next Steps in COVID-19 Prevention. The leader of the CDC’s Essential Workers Team will elaborate on what we know about the current COVID-19 vaccines and address your unanswered questions.
Click here to register and submit a question for our presenters in advance.
ISO 45001 The First Global OSH Workplace Standard
ISO 45001 is a global standard for occupational safety and health management systems that provides practical solutions for worker safety. It can help create a global foundation of worker safety standards and inspections that can be used by all global supply chains, for all industries, and cover contractors and subcontractors in every country that supply products into these supply chains.
IHMM and Tom Slavin were proud to have worked with others worldwide in the development of this standard. Now, HMS Education and Training is developing modules of training around this standard. The CSHM and CSMP revisions will also include the 45001 standard in their new blueprints.
IHMM is where certificants not only find the latest in standards of performance, IHMM and HMS is where certificants will find the education and training backing the credentials.
IHMM & AHMP Launch 45 in 5 – National Credential Recognition – 21 States Targeted
On January 25th, we began outlining the strategy to go after the 21 states in yellow, above.
This is just the beginning. Here is the present composition of the 45 In 5 Task Force and the states we are focusing on. More people may volunteer anytime! https://ihmm.org/45-in-5-task-force/
- The State of Nebraska under 178 NAC Chapter 24 of the Department of Health and Human Services regulations recognizes the CHMM as eligible for remediation services. Thank you, Mary Duda.
- The State of California, Yuba Water Agency, PG&E Corp, Comcast, City of Elk Grove, Kaiser Permanente, thank you Cheryl Stith, who is working with Bart Miller on other agencies in California as well
- Sean Strong in the State of Colorado reports that the State DOT recognized the CHMM for positions there and he’s getting the documentation of that for us.
- At our March meeting, we further discussed efforts underway in Washington state, Iowa, and also organizing filing an initiated federal rulemaking to amend 40 CFR § 310.12 /Definitions to include the CHMM.
- Robert Wilkinson is working in the State of Tennessee on credential recognition
- Ineke Abunwass is helping us in the State of Georgia with credential recognition
- Jerome Fields, Eric Johnson, and Tony Uliano are working in the State of Washington on credential recognition
- Bill Diesslin in the State of Iowa is working on credential recognition there under a groundwater program
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.
Since the launch, we have added Delaware, Florida, Texas, California, Washington, Georgia, Ohio, Tennessee, Alabama, Maryland, Virginia, Massachusetts, Missouri, Iowa, North Carolina, Colorado, Missouri, Kansas, Oklahoma, Nebraska, and New Mexico as the next states for us to work on with 42 volunteers.
Now 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 45 other states 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.
The Task Force meets again in April
IHMM Certificant Recognition
Last week IHMM completed inserting new credential badges in every certificant’s MYIHMM account. Everyone may access those badges for use in their email signatures, LinkedIn accounts, and other social media and communications media. 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.
This week we thank our certificants again. Throughout our certificant’s MYIHMM accounts will be placed 10 Year, 20 Year, and 30 Year badges signifying their longevity as an IHMM certified professional.
IHMM NEWS RECENT UPDATES
EPA Seeks Additional Public Comment on Final PBT Rules, Announces No Action Assurance for Final Rule on PIP (3:1)
EPA Will Not Enforce the PIP (3:1) Rule’s Compliance Deadline for Uo to 180 days
Climate Risk Disclosures Face Increased Scrutiny and Potential Change to Reporting Requirements
Ranking Members on House Committee on Science, Space, and Technology Urge EPA to “Expedite” Reevaluation of TSCA Systematic Review
House Committee Holds Hearing on “Restoring the Vital Mission of EPA”
OSHA – National Advisory Committee on Occupational Safety and Health (NACOSH)
House Passes American Rescue Plan Act of 2021 – On to the President
Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Delay of Effective Date
Business Loan Program Temporary Changes; Paycheck Protection Program-Revisions to Loan Amount Calculation and Eligibility
Biden Environmental Agenda So Far
COVID-19 National Emphasis Program and Updated Interim Enforcement Response Plan
National Primary Drinking Water Regulations: Lead and Copper Rule Revisions; Delay of Effective Date
EPA Receives Petition Seeking RCRA and TSCA Regulatory Action for Phosphogypsum and Process Wastewater
Senate Confirms Biden’s Pick to Lead E.P.A.
Tips on Creating an Effective Electrical PPE Program
Employees and the COVID-19 Vaccine: How to Encourage Vaccination Thoughtfully
OSHA reveals most cited violations
EPA should ‘reconsider’ strategy for chemical risk evaluations: National Academies
OSHA Prepares Major Update to Hazcom2012
IHMM is a member of the National Safety Council and is pleased to bring this important information to all of its certificants.
New Ways of Working Safely
Situational Awareness
Commit to a Culture of Learning
FACE Report: Roofer Falls 30 Feet From Rain Slicked Roof
NSC Impact Tracks
The NSC Impact Tracks provide valuable educational opportunities for safety professionals looking to enhance their career, brush up on their skills and earn CEUs in the comfort of their home or office. This new virtual opportunity provides a day of topically focused education featuring five 60 minute technical sessions, lunch and stretch breaks, and an opening welcome from NSC President & CEO, Lorraine Martin. Each session will be taught by leading safety and subject experts in the field.
SAVE MY SPOT
NSC Webinars
Please join us in participating in Safe + Sound Week from August 9-15, 2021. Safe + Sound Week is a nationwide event held each August to show your business’s commitment to keep workers safe year-round. Safe + Sound Week is also a time when information and ideas are shared to help get your safety and health program started or improve an existing program.
Download the Save the Date and share that you’ll be participating in Safe + Sound Week on social media using #SafeAndSoundAtAWork.
Registration opens in July and will be announced via IHMM Today and EHS Professional.
Sean Grady, CHMM – The Environmental Transformation Podcast
Who is ready for a Solar Revolution?
The current podcast episode is about Solar Energy and how it can help address climate change. This source of renewable energy is one of the ways that we can minimize our dependency on fossil fuels and reduce our greenhouse gas emissions. In an ideal world, Solar Energy systems would be commonplace and installed on all new and existing buildings.
Just imagine what that world would look like if solar panels were on every roof top in America, or for that matter on all buildings around the world. Better yet, try and envision how much cleaner our air would be and how much renewable energy would be collectively generated, consumed, and stored in the utility grid. All that renewable energy would ultimately reduce our dependency on energy derived from fossil fuel. We may still need to rely on a small amount of fossil fuel to support the demand during peak demands and seasonal changes, but only as a back-up.
Read more > https://www.seankgrady.com/blog/who-is-ready-for-a-solar-revolution/
Building Climate Change Resilience Virtual Training
EPA’s Creating Resilient Water Utilities initiative is providing free virtual training sessions on its Climate Resilience Evaluation and Awareness Tool (CREAT) for the Northeast climate region of the country. This training assists drinking water, wastewater, and stormwater utilities in planning for and adapting to climate change threats with a focus on resilience building and infrastructure financing. The Association of Metropolitan Water Agencies, National Association of Clean Water Agencies, National Association of Water Companies, and NEIWPCC are helping to coordinate and co-sponsoring these events.
Training Objectives
• Conduct a risk assessment using CREAT;
• Identify and share information on adaptation strategies to build utility long-term resilience; and
• Share information on available resources for financing resilience and adaptation.
Upcoming Sessions
- CREAT Module 5 (Risk Assessment) and an overview of local financial resources utilities can apply for to fund adaptation measures
- Session 4: March 23, 10:00 a.m. – 12:00 p.m. E.T
- A brief overview of previous information, then open agenda for attendees to ask questions about using CREAT, how to apply it to their circumstances, and how to seek funding for adaptation strategies. (Optional)
**Earn Continuing education units (CEUs) from select states **
REGISTER HERE
HMS and Earning Certification Maintenance Points [CMPs]
IHMM created HMS, in large measure, so that IHMM certificants could have one, central place within which to find professional development courses in which to earn certification maintenance points. HMS courses cover all of IHMM’s 8 credentials, not only one.
We’ve made it easy to find CMPs.
- Go to https://hazmatsociety.org/
- Go to the Education and Training tab
- Scroll down until you see these buttons…and click on the CMPs button
- The system will produce a listing of the programs on the platform that have already been reviewed and given CMP ratings. You can find the programs suitable for you.
For example, one of the programs is from Columbia Southern University, offered online, has 36 CMPs attached, and is FREE. This is only one example. There are hundreds of programs on HMS.
What Can You Expect From OSHA in the New Administration?
The Superheroes of Safety Training Answer Your Questions
ASSP Publishes Revised Standard for Fall Protection
Biden Administration Signals Strong Support for Worker Safety
Safety News You Need: Worker Health
Why Your Team Needs Safety Leadership Training in 2021
IHMM is a member of ASSP and is pleased to provide this information to all of our certificants.
HMS UPDATES
HMS Donations
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.
HMS Education and Training
Hazardous Materials Society now has 14,918 education and training programs on its website https://hazmatsociety.org/education-training/ with more coming every week. Certificants will note that most of these programs carry a CMP value, making it easier to know in advance what to expect. The HMS Education and Training platform also provides a wide variety of courses for professional development across all of IHMM’s credentials – and more are being developed by the HMS Education and Training Committee.
This is the center of education and training for IHMM certificants and prospective certificants. Among these more than 15.000 programs are webinars delivered online and virtually all carry IHMM CMPs values with them for your annual / 5-year CMP planning. SEE: https://hazmatsociety.org/education-training/
HMS Affinity Programs – RCM&D Professional Liability Insurance
With more than 27,000 people – here is where HMS leverages our numbers for member’s benefit. There is strength and value in numbers and that translates into lower costs for you.
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.
IHMM/HMS Coronavirus Resources
In February of 2020, the World Health Organization’s director-general has declared a public health emergency of international concern over the ongoing outbreak of respiratory illness caused by a novel coronavirus. On March 13, 2020 President Trump declared a national emergency for the United States. IHMM and HMS’ first concern is with the safety and health of all of us; our staff and families, colleagues, certificants and members. We will update this page regularly as credible, authoritative information is available.
INFORMATION FOR HEALTHCARE PROFESSIONALS, PUBLIC HEALTH PROFESSIONALS, AND LABORATORIES.
COVID-19 Data Tracker By State
COVID-19 Case Investigation and Contact Tracing in Non-Healthcare Workplaces
COVID-19 Weekly Review – March 12th
CDC Communications Toolkit
State Vaccination Distribution Plans
New! Vaccine Data Dashboard. We now have a specific dashboard dedicated to state vaccination plans, updated daily. For each state, you’ll find:
- Current distribution phase,
- Brief overview of state plan,
- Current and future eligible populations, and
- Links to state documentation.
HMS Jobs Board
We invite our participating companies to post their available employment opportunities here. There is no charge for this service. HMS staff reviews each proposed posting for clarity and completeness before posting to the public view and may remove a posting without notice.
Environmental Protection Specialist
University of Texas Medical Branch at Galveston University of Texas Medical BranchGalveston, Texas U.S.Dangerous Goods Expert
ICAO International Civil Aviation Organization Achieve the sustainable growth of the global civil aviationRiyadh, Saudi Arabia
Member Benefits of Hazardous Materials Society
81% 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.
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.
Product Showcase
Self-Paced, Top-Rated Online Hazmat Training CHEMTREC, the world’s leader in hazmat emergency response, can help keep your company safe and compliant with our online hazmat training courses. Available training includes Hazmat General, Safety and Security Awareness, 49 CFR, IATA, Lithium Battery Shipping and more. Sign up today! |
A Collaborative Culture
There are 370 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. 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> https://community.ihmm.org/home
HSC can help you innovate! Hazmat Safety Consulting, LLC can help you navigate the complexities around applying for special permits and approvals. We have helped our clients acquire precedent-setting permits and help them manage their renewals. With our experience working at the UN, we can also help with Competent Authority and international approvals.
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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 Jim Drosdak at [email protected] and he’ll be happy to help you.
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 2021
IHMM will attend and support a number of conferences and trade shows throughout 2021, virtually as well as in-person as COVID issues allow. Below are the first few conferences we have coming up early in 2021.
COSTHA 2021 Annual Forum
April 2021
Greenville, South Carolina
This event is to be run entirely virtually.
IHMM GOVERNMENT AFFAIRS
IHMM is a member of the National Professional Certification Coalition
The Professional Certification Coalition [PCC] is a national organization made up of certification bodies whose shared interests surround the protection of private credentials from the encroachment of government. Here are the priority areas of focus for IHMM and the PCC as of March.
Beltway Buzz – Ogletree & Deakins
President Biden Signs Sixth COVID-19 Aid Package Into Law. President Joe Biden promised the country an enormous economic rescue plan, and this week he delivered. On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021, a massive $1.9 trillion aid package that was passed using the arcane budget reconciliation process in Congress. Zero Republicans in the U.S. House of Representatives and U.S. Senate voted in favor of the legislation. We have all the details on how the law addresses individual stimulus checks, unemployment insurance, multiemployer pension plans, increased workplace safety enforcement, and more.
PRO Act Passes House. On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize (PRO) Act of 2021 (H.R. 842) by a vote of 225–206. Five Republicans voted in favor of the bill, and one Democrat, Representative Henry Cuellar (TX-28), voted against the bill. The bill would, among other things, overturn 27 states’ right-to-work laws, enact a card check organizing scheme, and nationalize California’s AB 5 test for independent contractors. The bill faces an uphill climb in the Senate, as long as the legislative filibuster holds. But that won’t stop the bill’s proponents from putting a ton of political capital behind its passage. Helping to enact the PRO Act is the AFL-CIO’s top priority for 2021—even ahead of worker safety amidst the COVID-19 pandemic—and the labor organization is pushing senators to eliminate the filibuster if necessary.
DOL Moves to Rescind Trump-Era Wage and Hour Rules. On March 11, 2021, the U.S. Department of Labor (DOL) announced plans to rescind two significant regulations of the Trump-era DOL Wage and Hour division.
- The independent contractor rule under the Fair Labor Standards Act was finalized on January 7, 2021. As the Buzz recently reported, the effective date of the regulation was pushed back from March 8, 2021, to May 7, 2021. But as we surmised last week, this postponement merely delayed the inevitable, which was announced this week: the DOL will seek to rescind the regulation.
- The Fair Labor Standards Act joint-employer rule took effect in March 2020, but it was subsequently vacated by a federal district judge in New York. The rule had established a clear four-factor test for determining joint-employer status.
Comments on both proposals are due by April 12, 2021, which, quite frankly, seems like a rather quick turnaround time when dealing with two proposals. Don’t be surprised if this isn’t the last time the administration regulates in these areas.
Biden Boots EEOC’s Top Lawyer. On March 5, 2021, President Biden removed Sharon Fast Gustafson from her position as general counsel of the U.S. Equal Employment Opportunity Commission (EEOC). Gustafson’s term was not set to expire until 2023, and the applicable provision in Title VII of the Civil Rights Act of 1964 does not indicate that the GC serves at the pleasure of the president (“There shall be a General Counsel of the Commission appointed by the President, by and with the advice and consent of the Senate, for a term of four years”). President Biden did not provide a reason for the termination, but in a letter objecting to her removal, Gustafson wrote the following: “Your request that I resign provided no reason for the request, and I do not know which of your advisors recommended that you make the request. But please be aware that there are those who oppose my advocacy on behalf of employees who experience religious discrimination and on behalf of constitutional and statutory protections for religious entities.” The administration has not announced a nominee to replace Gustafson.
Beware the Ides of March. As a reminder to workplace safety stakeholders, the Buzz notes that pursuant to President Biden’s workplace safety executive order, we could see the Occupational Safety and Health Administration issue an emergency temporary standard—or standards—before March 15, 2021.
DHS Abandons Public Charge Rule. On March 9, 2021, the U.S. Department of Homeland Security (DHS) announced that it would no longer pursue appeals of federal court decisions that invalidated or enjoined the 2019 “public charge” rule. DHS stated that doing so was “neither in the public interest nor an efficient use of limited government resources.” In the meantime, pursuant to Executive Order 14012, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” DHS has started its review of the public charge rule.
NLRB Withdraws Proposal on Student Employment. On March 12, 2021, the National Labor Relations Board (NLRB) announced the withdrawal of its regulatory proposal to exempt from the coverage of the National Labor Relations Act students who, in connection with their undergraduate and graduate studies, perform services for financial compensation for colleges or universities. The Board reasoned that the action would allow it to “focus its limited resources on competing Agency priorities, including the adjudication of unfair labor practice and representation cases currently in progress.” With the proposal out of the way, look for increased union organizing on college campuses.
Important Elements of the American Rescue Plan of 2021
On March 11, 2021, President Joe Biden signed into law the American Rescue Plan Act of 2021—a $1.9 trillion economic relief package. While the legislation marks the first major legislative victory for President Biden and the administration, it is the sixth federal legislative relief package aimed at addressing the COVID-19 pandemic and its economic fallout. The legislation continues some programs established in these previous efforts, but it also adds some important components. Set forth below are some of the major provisions of the American Rescue Plan Act.
Direct Stimulus Payments
The legislation provides the third round of direct-payment stimulus checks to eligible recipients. Individuals with yearly adjusted gross incomes of $75,000 or less will receive checks in the amount of $1,400 (plus $1,400 for each eligible dependent). Those earning more than $75,000 will receive less than $1,400, and the benefit is completely phased out for individuals earning $80,000 or more.
For married couples, each spouse is entitled to $1,400 ($2,800 for both), but the threshold is a total yearly income of $150,000 or below and phases out for couples earning $160,000 or more each year.
Unemployment Insurance
The American Rescue Plan Act extends the three major unemployment insurance programs created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and continued in the Consolidated Appropriations Act (CAA), 2021.
- The Pandemic Unemployment Assistance (PUA) program, which is for workers who are not traditionally eligible for unemployment insurance (such as independent contractors), was set to expire on March 14, 2021. It has now been extended through September 6, 2021, and the number of eligibility weeks have been increased from 50 weeks to 79 weeks.
- Pandemic Emergency Unemployment Compensation (PEUC) provides additional weeks of unemployment insurance benefits to individuals who have exhausted their state unemployment benefits. PEUC was also set to expire on March 14, 2021, but the program has been extended through September 6, 2021. Additionally, eligibility weeks have been increased from 24 weeks to 53 weeks.
- The Federal Pandemic Unemployment Compensation (FPUC) program supplement of $300 per week, which was also set to expire on March 14, 2021, will be extended through September 6, 2021.
Significantly, under the American Rescue Plan Act, benefits recipients who earn less than $150,000 each year are not required to include the first $10,200 of unemployment benefits as income for the 2020 tax year.
Multiemployer Pension Plan Fix
The American Rescue Plan Act establishes a fund for the Pension Benefit Guaranty Corporation to provide financial assistance to “critical and declining” plans to ensure that benefits are paid through the 2051 plan year. This financial assistance is not a loan, and there are no repayment obligations for plans receiving assistance. Withdrawal liability rules remain unchanged, and the legislation does nothing to address the problems that resulted in the multiemployer pension crisis in the first place.
COBRA Coverage Premium Assistance
Beginning April 1, 2021, through September 30, 2021, eligible individuals who have been laid off, furloughed, or had their hours reduced can choose to continue group health benefits without having to pay COBRA premiums.
Affordable Care Act Subsidies
The American Rescue Plan Act provides premium subsidies for individuals purchasing health insurance on the Affordable Care Act exchanges through 2022. The subsidies are scaled as income increases, but, under the law, individuals will not be required to pay more than 8.5 percent of his or her income for a health insurance plan purchased on an exchange.
Employer Tax Credits
The American Rescue Plan Act extends tax credits to offset costs for employers that voluntarily provide Families First Coronavirus Response Act (FFCRA) emergency paid sick leave or expanded family and medical leave to employees. The tax credits are available from April 1, 2021, through September 30, 2021. In addition to the permitted FFCRA emergency sick leave reasons, credits are available for sick leave wages paid when an “employee is seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID-19 and such employee has been exposed to COVID-19 or the employee’s employer has requested such test or diagnosis, or the employee is obtaining immunization related to COVID-19 or recovering from any injury, disability, illness, or condition related to such immunization.” Similarly, tax credits for emergency paid family leave can be taken for leave granted when an employee cannot work or telework as a result of having to care for a child whose school has been closed due to the pandemic, for the existing six FFCRA sick leave reasons, and for two additional testing and immunization reasons.
Additionally, the employee retention credit established under the CARES Act is continued through December 31, 2021. The provision allows certain businesses to claim a tax credit for qualifying wages paid to employees.
Relief for Small Employers
Two existing Small Business Administration (SBA) CARES Act relief programs receive monetary injections under the American Rescue Plan Act. The Paycheck Protection Program receives another $7.25 billion, though it is not extended beyond its current expiration date of March 31, 2021. Another $15 billion is set aside for the Economic Injury Disaster Loan program.
Additionally, the American Rescue Plan Act appropriates $28.6 billion to establish the “Restaurant Revitalization Fund,” which will also be administered by the SBA. Entities eligible for grants through this fund include restaurants, bars, lounges, caterers, and other concerns with no more than 20 locations that are not publicly traded entities. Money received under the program may be used for “[p]ayroll costs,” rent and mortgage payments, “[u]tilities,” maintenance costs, “[f]ood and beverage expenses,” “[p]aid sick leave,” and other prescribed costs.
Federal Contractors
CARES Act Section 3610 reimburses federal contractors for paid leave that they provide to certain employees or subcontractors who are unable to work or telework due to the pandemic. The program was extended by the CAA through March 31, 2020. The American Rescue Plan Act further extends the program through September 30, 2021.
DOL Worker Safety Activities
The American Rescue Plan Act appropriates $200 million for the U.S. Department of Labor’s (DOL) Wage and Hour Division, Office of Workers’ Compensation Programs, Office of the Solicitor, Mine Safety and Health Administration, and Occupational Safety and Health Administration (OSHA) “to carry out COVID-19 related worker protection activities, and for the Office of Inspector General for oversight of the Secretary’s activities to prevent, prepare for, and respond to COVID-19.” More specifically, “[n]ot less than” $100 million is reserved for OSHA, and at least $5 million of that amount is for “enforcement activities related to COVID-19 at high-risk workplaces including health care, meat and poultry processing facilities, agricultural workplaces and correctional facilities.”
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IHMM EVENTS CALENDAR
IHMM NOW HAS A COMPANION ORGANIZATION FOR WHICH EDUCATION AND TRAINING PROGRAMS ARE PRESENTED AND DELIVERED. THE CALENDAR IN THIS SPACE FROM THE IHMM WEBSITE IS BEING REPLACED BY THE HAZARDOUS MATERIALS SOCIETY WEBSITE AND THE EDUCATION AND TRAINING SECTION FOUND HERE: https://hazmatsociety.org/education-training/
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