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. There are Kryterion centers available world-wide and we also offer remotely-proctored testing wherever you are.
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 23, 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.
Follow IHMM on Twitter
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.
In support of the Fall Prevention Campaign and National Safety Stand-Down on May 3-7, 2021, we wanted to make you aware of an educational webinar on Fall Harness Fit: The Basics in coordination with the National Roofing Contractors Association (NRCA). The webinar is scheduled for April 28, 2021, at 1:00 PM (Eastern) and will include speakers from OSHA, NRCA, and CPWR. More information on the webinar and registration is available here.
In addition to the Fall Harness Fit webinar, two new Spanish resources are available for your use in support of the Campaign and National Safety Stand-Down:
- Small Contractors Section (Plan. Provide. Train.) – https://stopconstructionfalls.com/planificar-proporcionar-capacitar/
- General Spanish Resources page – https://stopconstructionfalls.com/prevent-falls-training-other-resources/en-espanol/
Creating the Water Workforce of the Future:
Webinar Series
Creating the Water Workforce of the Future: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
Event Information: Fall Harness Fit: The Basics
Registration is required to join this event. If you have not registered, please do so now here.
Event status: Not started (Register)
Date and time: Wednesday, April 28, 2021 1:00 pm
Eastern Daylight Time (New York, GMT-04:00)
Change time zone
Wednesday, April 28, 2021 12:00 pm
Central Daylight Time (Chicago, GMT-05:00)
Wednesday, April 28, 2021 11:00 am
Mountain Daylight Time (Denver, GMT-06:00)
Wednesday, April 28, 2021 10:00 am
Pacific Daylight Time (San Francisco, GMT-07:00)
Program: CPWR Informational Webinar Series
Duration: 45 minutes
Description:
In order for a personal fall arrest system to effectively protect workers in the event of a fall, it’s critical that the harness fits properly and is worn as intended. In support of the OSHA-NIOSH-CPWR Campaign to Prevent Falls and National Safety Stand-Down on May 3-7, 2021, CPWR is partnering with the National Roofing Contractors Association (NRCA) to provide an educational webinar on this topic. During this 30-minute presentation followed by Q&A, you’ll hear from the experts at NRCA about how to know whether a harness fits correctly, including demonstrations and descriptions of how it should look and feel when on, and why fit is so important.
Welcome: Scott Ketcham, Director, OSHA’s Directorate of Construction
Panel:
Thomas Shanahan, CAE, VP Enterprise Risk Management and Executive Education, National Roofing Contractors Association (NRCA)
Harry Dietz, Director, Enterprise Risk Management, NRCA
Rich Trewyn, Director, Enterprise Risk Management, NRCA
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 April 6th
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
House Passes PPP Extension Bill; Senate Vote Expected
Tax Day for individuals extended to May 17: Treasury, IRS extend filing and payment deadline
Independent Contractor Status Under the Fair Labor Standards Act; Withdrawal
Clean Water Act Effluent Limitations Guidelines and Standards for the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category
National Primary Drinking Water Regulations: Lead and Copper Rule Revisions; Delay of Effective Date
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.
Spring Arrives with a Slate of Exciting
Virtual Events and Trainings
Bergeson & Campbell, P.C. (B&C®) is pleased to share information regarding a full slate of upcoming opportunities for chemical industry stakeholders to stay abreast of key regulatory developments both in the United States and internationally. We hope you will join B&C professionals, industry colleagues, and regulatory agency speakers for one or more of these events.
Key Regulatory Updates: Europe, Asia and the Americas 2021
March 23-25, 2021
Register here
Chemical Watch presents Key Regulatory Updates: Europe, Asia and the Americas 2021, taking a close look at the latest updates in chemicals control legislation across Europe, Asia, and the Americas. Lynn L. Bergeson, Managing Partner, B&C, will present ” TSCA Enforcement under the Biden Administration” and Lisa R. Burchi, Of Counsel, B&C, will present “FIFRA Hot Topics.”
Global Chemical Regulations Conference (GlobalChem) 2021
March 29, 2021 – April 1, 2021
Register here
Richard E. Engler, Ph.D., Director of Chemistry, B&C, will present “Plastics and UNEA” during the conference on March 31, 2021. Dr. Engler presented “CBI Challenges and Opportunities” during the Pre-Conference TSCA Workshop on March 10, 2021, and this event is now available to stream on the GlobalChem website. B&C is a proud sponsor of GlobalChem.
What To Expect From the Biden EPA?
March 30, 2021
2:00 p.m. – 3:00 p.m. EDT
Register here
Business & Learning Resources (BLR®) is hosting “What To Expect From the Biden EPA?,” a webinar presented by Lynn L. Bergeson. With Joe Biden now occupying the White House, the U.S. Environmental Protection Agency (EPA) will plot a much different course than the one it has been on for the past four years under the Trump administration. This webinar will explore what Biden’s initiatives look like in practice for the regulated community, what other action can be expected, and how much effort will be put into walking back the Trump policies.
Product Stewardship and the Pandemic: Surviving and Thriving in Disruptive Times
March 31, 2021
1:30 p.m. – 3:00 p.m. EDT
Register here
The COVID-19 global pandemic has had far-reaching impacts on business operations. While we are all eager to put the pandemic behind us, other catastrophic events will inevitably occur. To strengthen organizational resilience going forward, we must examine lessons learned and position product stewardship as a key player in business continuity and crisis management.
This complimentary future-focused webinar will identify the broad range of complex, unresolved, and evolving issues product stewards have faced and continue to face because of the pandemic. Lynn L. Bergeson will moderate as Tina Armstrong, Ph.D., Principal Scientist and Vice President at the global consultancy firm Arcadis; Jon Hellerstein, CIH, CSP, a career environmental health professional; Louise Proud, leader of the Environment, Health, and Safety program for Pfizer Inc.; and Al Iannuzzi, Ph.D., Vice President, Sustainability, at The Estée Lauder Companies, present.
TSCA Tutor® On-Demand Virtual Training
Available 24/7/365
Enroll Online
B&C’s TSCA Tutor online e-training platform offers expert, efficient, essential TSCA training. Professionals seeking TSCA training can preview and enroll in on-demand classes to complete at their own pace and timing.
TSCA Tutor online training courses include:
• Video lessons.
• Detailed handout materials, including copies of all presentations and relevant course materials from EPA and other sources.
• Customizable, yet detailed and ready-to-use Standard Operating Procedures (SOP) for the regulatory topic covered in the session.
Interested professionals should visit www.TSCAtutor.com to view sample course segments and purchase modules. Volume discounts are available for companies wishing to purchase courses for multiple employees.
Building Climate Change Resilience Virtual Training
Building Climate Change Resilience Virtual TrainingEPA’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.
Safety News You Need: OSHA Top 10
Upcoming ASSP Education Includes Free OSHA Webinars
March Ladder Safety Month Focuses on Securing The Leading Cause of Fatal Falls in Construction
Guidelines Aim to Prevent Needlestick Injuries at COVID-19 Vaccine Sites
OSHA Program Aims to Protect High-Risk Workers From Coronavirus
Safety News You Need: Construction Safety and Health
CDC Guidelines for Implementing a Workplace COVID-19 Vaccination Program
ASSP Webinars
April 15: ONLINE COURSE: Safety Management I
April 27: Live Virtual Classroom: Math Review for Certification Exams
April 28 – 30: Live Virtual Classroom: ASP Exam Prep
April 28 -30: Live Virtual Classroom: CSP Exam Prep
April 29 – May 27: ONLINE COURSE: Risk Assessment Course
IHMM is a member of ASSP and is pleased to provide this information to all of our certificants.
HMS UPDATES
HMS Donations
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.
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
IHMM/HMS Coronavirus ResourcesIn 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 19th
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 375 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.
|
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
Well, Now What Do We Do? It seems like months (or, more accurately, a year) since the Buzz hasn’t had to provide an update on COVID-19 relief legislation or negotiations. Hopefully, that is good news and a positive sign that we are turning the corner on the pandemic. So what has been occupying legislators in D.C. this week? Let’s take a look:
- The U.S. Senate has turned its attention in the near term to confirming President Joe Biden’s nominees for the federal bench and executive branch agencies. For example, on March 18, 2021, the Senate confirmed former California attorney general Xavier Becerra as secretary of health and human services. The Buzz is particularly interested in the Senate’s vote on the nomination of Boston mayor Martin Walsh to be secretary of labor. The confirmation vote is expected to take place on March 22, 2021.
- On March 17, 2021, the Senate Committee on the Judiciary held a hearing on the Equality Act (H.R. 5/S.393), comprehensive legislation that would codify federal civil rights protections for LGBTQ individuals and prohibit discrimination based on sex, sexual orientation, and gender identity. The Equality Act passed the U.S. House of Representatives on February 25, 2021. As the Buzz previously mentioned, despite strong support from the business community, the Equality Act faces an uphill battle for passage in the Senate.
- On March 18, 2021, the House Committee on Education and Labor held a hearing on several workplace antidiscrimination bills, including the Pregnant Workers Fairness Act (H.R. 1065), which would require covered employers to make reasonable workplace accommodations for “workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition”; the Paycheck Fairness Act (H.R. 7), which would limit employers’ defenses under the Equal Pay Act and require employers to submit employee compensation data to the federal government; and the Protecting Older Workers Against Discrimination Act, which would amend federal employment law to allow a plaintiff to establish an unlawful employment practice by showing that retaliation, age, or disability was a motivating factor in the practice, though other factors may have influenced the practice. Look for these bills to begin moving in the House shortly.
- On the immigration front, on March 18, 2021, the House passed the American Dream and Promise Act of 2021 (H.R. 6), significant legislation that would provide a pathway to citizenship for individuals who were brought to the United States as children (known as DREAMers), as well as recipients of Temporary Protected Status. The House also approved the Farm Workforce Modernization Act of 2021 (H.R. 1603), a measure that would provide a pathway to citizenship for eligible farm workers and update the H-2A temporary agricultural worker program. The U.S. Chamber of Commerce supports both bills.
Workplace Safety Update. The Buzz had expected that the Occupational Safety and Health Administration (OSHA) would issue an emergency temporary standard (ETS) on COVID-19 prevention by March 15, 2021, the due date set forth in President Biden’s “Executive Order on Protecting Worker Health and Safety.” Well, the Ides of March have come and gone, and an ETS has not been issued. However, it has been reported that OSHA will, in fact, issue an ETS; the ETS will just arrive a little later than anticipated. In the meantime, Eric Hobbs and Phillip Russell have the scoop on OSHA’s release of a new National Emphasis Program on March 12, 2021, “to ensure that employees in high-hazard industries or work tasks are protected from the hazard of [COVID-19].”
Deputy Secretary Hearing. On March 16, 2021, the Senate Committee on Health, Education, Labor and Pensions held a hearing on the nomination of Julie Su to serve as deputy secretary of labor. Su currently serves as secretary of the California Labor and Workforce Development Agency (LWDA). During the hearing, Republican lawmakers focused on Su’s leadership of the LWDA, and, specifically, how the labor agency’s Employment Development Department handled fraudulent unemployment insurance claims. They also expressed concern that Su might exceed her role as deputy secretary and instead act as a de facto secretary of labor.
DOL Weighs in on H-1B Wage Methodology. This week, the U.S. Department of Labor’s (DOL) Employment and Training Administration announced a further delay in the effective date of the rule entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The original regulation was finalized in the final days of the Trump administration and was set to go into effect on March 15, 2021. That effective date was postponed until May 14, 2021, by the Biden administration. This latest proposal would extend the effective date to November 14, 2022. The DOL reasons that the delay is necessary “to thoroughly consider the legal and policy issues raised in the rule, and offer the public, through the issuance of a separate Request for Information, an opportunity to provide information on the sources and methods for determining prevailing wage levels covering employment opportunities that United States (U.S.) employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas or through H-1B, H-1B1, or E-3 nonimmigrant visas.”
New Acting GC at EEOC. President Biden appointed Gwendolyn Young Reams as the acting general counsel of the U.S. Equal Employment Opportunity Commission (EEOC). Reams replaces Sharon Fast Gustafson, who was recently removed from the general counsel position. Reams previously served for 20 years as the Commission’s associate general counsel for litigation management services.
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.”
CHEMTREC’s Online Hazmat Training Meets U.S. DOT Training Requirements!
CHEMTREC, the world’s leader in hazmat emergency response, can help keep your company safe and compliant with its self-paced online hazmat training courses. Available training includes 49 CFR, Hazmat General, Safety and Security Awareness, IATA, and Lithium Battery Shipping. Sign up today!
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/
9210 Corporate Boulevard, Suite 470, Rockville, Maryland, 20850
www.ihmm.org | [email protected]
Phone: 301-984-8969 Fax:301-984-1516