IHMM Today May 21, 2024

Inside IHMM

A Collaborative Culture

There are 1,333 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]

IHMM Proposes Changes in Government Recognition of Credentials

IHMM submitted comments on OSHA Advisory Committee on Construction Safety and Health (ACCSH): Notice of Meetings concerning OSHA-2024-0002-0007, and highlighted the creation of IHMM’s Certified Pandemic Preparedness Specialist [CPPS] credential.

State of Maine Department of Environmental Protection is proposing to update Chapter 851, Standards for Generators of Hazardous Waste. In the current regulation, work is required by a professional engineer. IHMM is proposing to include an environmental professional as defined by 40 CFR §312.10.

Beltway Buzz – Ogletree Deakins

DOL Issues AI Principles for Developers and Employers. Pursuant to President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, this week the U.S. Department of Labor (DOL) released guidance it refers to as “Artificial Intelligence and Worker Well-being: Principles for Developers and Employers.” The nonbinding principles, which took 199 days to draft, “are not intended to be an exhaustive list but instead a guiding framework for businesses.” The principles are included below verbatim:

• [North Star] Centering Worker Empowerment: Workers and their representatives, especially those from underserved communities, should be informed of and have genuine input in the design, development, testing, training, use, and oversight of AI systems for use in the workplace.
• Ethically Developing AI: AI systems should be designed, developed, and trained in a way that protects workers.
• Establishing AI Governance and Human Oversight: Organizations should have clear governance systems, procedures, human oversight, and evaluation processes for AI systems for use in the workplace.
• Ensuring Transparency in AI Use: Employers should be transparent with workers and job seekers about the AI systems that are being used in the workplace.
• Protecting Labor and Employment Rights: AI systems should not violate or undermine workers’ right to organize, health and safety rights, wage and hour rights, and anti-discrimination and anti-retaliation protections.
• Using AI to Enable Workers: AI systems should assist, complement, and enable workers, and improve job quality.
• Supporting Workers Impacted by AI: Employers should support or upskill workers during job transitions related to AI.
• Ensuring Responsible Use of Worker Data: Workers’ data collected, used, or created by AI systems should be limited in scope and location, used only to support legitimate business aims, and protected and handled responsibly.

It remains to be seen whether one or more of these principles will be the basis for more robust guidance, rulemaking, or legislation in the future.

Senate Committee Advances Bill Prohibiting Arbitration of Age Claims. Late last week, the U.S. Senate Committee on the Judiciary voted to advance the Protecting Older Americans Act of 2023 (S.1979) by a vote of 15–6. The committee held a hearing in April 2024 on the bill, which would prohibit arbitration of age-related discrimination claims. Republican Senator Lindsey Graham (SC)—who is a cosponsor of the bill—voted in favor of the legislation, as did fellow Republicans Josh Hawley (MO), Chuck Grassley (IA), and John Kennedy (LA). With four Republicans already on board, it is quite possible that the bill could pass the Senate.

OSHA Heat Standard Moves Forward. At a recent meeting, the Occupational Safety and Health Administration’s (OSHA) Advisory Committee on Construction Safety and Health “unanimously recommended OSHA move forward expeditiously on the Notice of Proposed Rulemaking” to implement a heat standard for indoor and outdoor settings. As a reminder, John D. Surma and Savannah M. Selvaggio have an analysis of a “regulatory framework” that OSHA released in 2023 that forecasts what might be included in a proposed rule. The most recent regulatory agenda does not set forth a target date for when such a proposal might be issued.

Republican Legislators Seek to Rescind DOL’s Fiduciary Rule. It was a busy week for Senator Bill Cassidy (R-LA), who, in addition to dropping the defined benefit pension plan transparency bill mentioned below, also introduced a Congressional Review Act resolution to rescind the DOL’s fiduciary rule. Republican Senators Ted Budd (NC) and Roger Marshall (KS), as well as Democratic Senator Joe Manchin (WV), are cosponsors of the resolution. Representative Rick Allen (R-GA) introduced the companion resolution in the U.S. House of Representatives. Even if the resolution passes both chambers, President Biden will likely veto the measure. In this Congress, there have been approximately fifty Congressional Review Act resolutions introduced to rescind agency rules.

Republican Lawmakers Want Union Transparency. Federal law allows employers to speak with employees about the pros and cons of unionization, as long as they don’t threaten employees (e.g., “we’ll fire you if you organize”) or make promises (e.g., “we’ll give you all a right if you don’t organize”). Unions, on the other hand, do not have any limitations on what they can say during union organizing drives, but two recent Republican-sponsored bills would require transparency and accountability from unions when trying to organize employees.

• Senator Bill Cassidy, the ranking member of the U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee, introduced the “Making All Fund Information Available Act.” The bill would require union organizers to provide information regarding the financial health of their defined benefit pension plans to employees they represent or are attempting to organize. Previously, Senator Cassidy helped secure the return of $127 million that was incorrectly provided to the Central States Pension Fund pursuant to the American Rescue Plan Act (ARPA).
• Representative Burgess Owens (R-UT) introduced the “Start Applying Labor Transparency (SALT) Act” (H.R. 7784) to require more transparency from union salts, who are professional union organizers who seek employment at a specific employer with the sole intention of organizing the workforce. Currently, employers and their consultants are required to notify the DOL when they enter into agreements to provide assistance during a union organizing campaign, but there is no similar requirement when unions engage professionals for essentially the same purpose. The SALT Act would amend the Labor-Management Reporting and Disclosure Act of 1959 to require unions and their agents to file reports when deploying salts.

OSHA Updates Hazard Communication Standard

Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems

PHMSA Updates HM-215Q

The agency is correcting the HM-215Q final rule for international harmonization that was published in the Federal Register on April 10, 2024. The corrections address several errors to the hazardous material entries in the hazardous materials table. This correction is effective May 10, 2024. Corrections include changes to some label codes and special provision assignments, etc. The following materials are affected:

• UN3548, Articles containing miscellaneous dangerous goods, n.o.s.
  • UN3538, Articles containing non- flammable, non-toxic gas, n.o.s.
• UN2922, Corrosive liquid, toxic, n.o.s.
• UN2923, Corrosive solids, toxic, n.o.s.
• UN0512, Detonators, electronic programmable for blasting
• UN3129, Water- reactive liquid, corrosive, n.o.s.
• UN3148, Water-reactive liquid, n.o.s

Note that each material has its own set of changes. See the full correction here.

In a second correction published very late in the week, PHMSA revised the appearance of several pages in the Hazardous Materials Table as they were first displayed in rule document 2024–06956 beginning on page 25434 in the issue of Wednesday, April 10, 2024. (i.e., the original HM-215Q harmonization rule publication) Via the link below, the agency makes the following additional corrections to the HMT as found on pages 25473 through 25475.

The agency also published a multi-part ICR renewal request. Subjects covered include:

• Reporting and Recordkeeping requirements for flammable cryogenic liquids
  • Updating and creating new Basic Written Response Plans
  • UN Pressure Receptacle approvals, modifications, and recordkeeping

See the ICR renewals here.

OSHA Takes Critical Step in Heat Safety Rulemaking

Methylene Chloride; Regulation Under the Toxic Substances Control Act (TSCA)

Safe + Sound Week 2024

Safe + Sound Week will be held from August 12-18, 2024.

Registration will open in July. Resources on how to participate will be released in the coming months. Stay tuned for more information! In the meantime, visit the Safe + Sound event archive to view participation from previous years.  

NIOSH Mental Health Resources

NIOSH launched an Impact Wellbeing Guide: Taking Action to Improve Healthcare Worker Wellbeing. This Guide offers six concrete Action Steps that hospital leaders can take to accelerate or supplement professional well-being efforts in their hospitals. It was developed in partnership with the Dr. Lorna Breen Heroes Foundation and tested in six CommonSpirit hospitals across the U.S.

Participate in the Fall Stand-Down

The 11^th Annual National Safety Stand-Down to Prevent Falls in Construction will take place from May 6-10, 2024. Join us to help prevent fall hazards in the workplace by participating in the Stand-Down.

There Is More to TSCA Reporting Than CDR: TSCA Sections 8(a), (c), (d), and (e)

June 18, 2024
11:00 a.m. – 12:00 p.m. (EDT)

Register Now

Presenters:

Dave Turk, U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP)
Stephanie Griffin, EPA OCSPP
Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C^®)
Lynn L. Bergeson, Managing Partner, B&C

EPA has been using its Toxic Substances Control Act (TSCA) Section 8 authorities in new and different ways. These TSCA reporting obligations have been of interest to stakeholders, raising many good questions and interest in understanding why EPA is seeking information, how it relies upon the information it receives, and what is in scope under the various reporting obligations. We here at Bergeson & Campbell, P.C. think it is timely to schedule a webinar on TSCA Section 8 authorities and how EPA is implementing these authorities to assist in achieving TSCA goals.

We intend to address TSCA Sections 8(a), 8(c), 8(d), and 8(e), reminding participants about chemical data reporting (CDR), describing the per- and polyfluoroalkyl substance (PFAS) data reporting rule, and discussing EPA’s consideration of a tiered data reporting (TDR) rule.

B&C appreciates that EPA is working hard to reach out to traditional and non-traditional TSCA stakeholders. We see this webinar as an opportunity to address why these reporting authorities are critically important for the regulated community to share information and for EPA to consider such information in its regulatory initiatives.

Topics Covered:

• TSCA Section 8(a)
  • CDR Rule
  • PFAS Data Reporting Rule
  • Consideration of Potential TDR Rule
• TSCA Section 8(c): Allegations, Recordkeeping, and Production
• TSCA Section 8(d): Health and Safety Data Reporting (and current proposal)
• TSCA Section 8(e): Notification of Substantial Risk

TSCA Reform – 8 Years Later

June 26, 2024, 8:00 a.m. – 5:30 p.m. (EDT)
George Washington University Milken Institute School of Public Health, Washington, D.C., and via livestream

Save the date to join Bergeson & Campbell, P.C. (B&C^®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health for a day-long conference reflecting on the challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the Toxic Substances Control Act (TSCA) stands today. This year, the conference will be held in person at the George Washington University Milken Institute School of Public Health (and will be livestreamed via YouTube). CLE will be offered in select states for in-person attendees only. Please check ELI’s event page in the coming weeks for more information, including an agenda, CLE information, registration, and more. If you have questions in the meantime, please contact Madison Calhoun ([email protected]).

Informational Webinar:

Administrator Perceptions of School Safety Capacity and Sustainability Report

Launching on 5/22, this report provides valuable insights from education leaders nationwide. The insights were gathered through two focus group sessions and explore crucial information about implementing and sustaining school safety. Stay tuned for more information.

Networking Drop-In

BJA/COPS STOP grantees, join us on 5/15 from 12-1 PM ET or 3-4 PM ET, for our monthly Networking Drop-In session. This informal gathering allows you to connect, pose questions, and engage with fellow individuals involved in school safety initiatives. The sessions are not recorded. A Zoom link will be shared with you prior to the event (note: this link is the same every month). Add to Calendar.

• Funding Opportunity – NIJ FY24 Research and Evaluation on School Safety
• Funding Opportunity – School-Based Mental Health Services Grant Program
• Funding Opportunity – Mental Health Service Professional Demonstration Grant Program

Explore Our School Threat Assessment Toolkit:

Now Available in Interactive Web Format!

Five Trends in OEHS

Recently, AIHA retained the consulting firm Foresight Alliance to produce an environmental scan of trends affecting occupational and environmental health and safety. The report identifies trends across the following six areas: information flows, evolving science, workforce shifts, 21st-century health, politics and society, and industrial hygiene in an artificial intelligence (AI) world. A summary of the report will be included in the September issue of The Synergist. In the meantime, this post introduces a few of the trends mentioned in the report. These items are expected to continue to affect OEHS for the foreseeable future:

Read more here

IHMM-HMS Event Calendar