IHMM Today May 7, 2024

Inside IHMM

A Collaborative Culture

There are 1,304 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

FTC Prohibits Non-Competes. On April 24, 2024 the Federal Trade Commission voted 3-2 to finalize its Non-Compete Clause Rule, which effectively prohibits the use of non-compete provisions. The rule fulfills—at least for the time being—a 2020 campaign promise that then-presidential candidate Joe Biden made to “eliminate all non-compete agreements.” The sweeping rule contains an expansive definition of non-compete agreements, which includes other contractual arrangements such as certain nondisclosure and training repayment agreements. The rule also applies retroactively by invalidating non-compete contracts that have already been negotiated and bargained over. If this sounds a lot like contract law, you’re spot on. As contractual agreements, non-competes have traditionally fallen under the purview of state contract law. This is part of why the employer community is so concerned with the FTC’s action. Already, multiple legal challenges have been filed challenging the regulation. Scott R. McLaughlin, Christine Bestor Townsend, James J. Plunkett, and Tobias E. Schlueter have the details.

DOL Finalizes Overtime Changes. On April 23, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division released its regulation, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.” As suspected, the final regulation increases the salary threshold for exempt status (i.e., employees making below this prescribed status will automatically be eligible for overtime pay), increases the highly compensated employee (HCE) exemption, and includes an automatic salary escalator provision. The regulation takes a tiered approach to increasing the salary threshold. Beginning on July 1, 2024, the figure will jump from the current $35,568 to $43,888. The figure will then increase to $58,656 on January 1, 2025. In addition, beginning July 1, 2027, this salary threshold level will automatically update—without notice-and-comment rulemaking—every three years. Charles E. McDonald, III, Keith E. Kopplin, and Zachary V. Zagger have the details. If this all sounds familiar, recall that DOL attempted a similar increase of the salary threshold in 2016, only to have it invalidated in federal court. The Buzz expects no shortage of legal challenges this time around, too.

DOL Issues Final Fiduciary Rule. On April 25, 2024, the DOL’s Employee Benefits Security Administration published a final rule entitled, “Retirement Security Rule: Definition of an Investment Advice Fiduciary.” According to the rule’s preamble, “The final rule defines when a person is a fiduciary in connection with providing advice to an investor saving for retirement through a workplace retirement plan or other type of retirement plan such as an IRA.” Pursuant to the final rule, an individual will be considered an investment advice fiduciary if he or she provides a recommendation (for a fee) while (1) either directly or indirectly making professional investment recommendations to investors on a regular basis; or (2) while representing or acknowledging that he or she is acting as a fiduciary. DOL states, “The final rule is designed to ensure that retirement investors’ reasonable expectations are honored when they receive advice from financial professionals who hold themselves out as trusted advice providers.” Like the overtime rule, DOL issued a similar fiduciary rule in 2016 that was also struck down.

OSHA Publishes 2023 Injury and Illness Statistics. Late last week, the Occupational Safety and Health Administration published 2023 workplace injury and illness data. The data includes “specific information submitted by more than 375,000 establishments on OSHA Form 300A Summary of Work-Related Injuries,” as well as “partial data from more than 850,000 OSHA Form 300 Log of Work-Related Injuries and Illnesses and Form 301 Injury and Illness Incident Report records.” Covered employers are required to submit the data annually pursuant to OSHA’s Improve Tracking of Workplace Injuries and Illnesses regulation published in July 2023.

DOL on the Clock for AI Best Practices. April 27, 2024, is the deadline for the DOL to issue best practices pursuant to President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The executive order (EO), issued on October 30, 2023, gives DOL 180 days to “publish principles and best practices for employers that could be used to mitigate AI’s potential harms to employees’ well-being and maximize its potential benefits.” Other employment policy–related directives in the EO, such as guidance relating to AI and the Fair Labor Standards Act and guidance for federal contractors regarding nondiscriminatory hiring involving AI, are either not time bound, or are due within one year of the EO, respectively.

ASSP – Safety Success Stories: Using ISO 45001 to Reduce Risks in Manufacturing

ISO 45001 is the world’s international standard for occupational health and safety, issued to protect employees and visitors from work-related accidents and diseases. ISO 45001 certification was developed to mitigate any factors that can cause employees and businesses irreparable harm. Its standards are the result of great effort by a committee of health and safety management experts who looked closely at a number of other approaches to system management — including ISO 9001 and ISO 14001. In addition, ISO 45001 was designed to take labor standards, conventions and safety guidelines from the International Labour Organization into consideration.

ISO 45001 is incorporated into several of IHMM’s credentials, so is important to IHMM and the OSH community of practice.

Learn more about ISO 45001 here.

Hazmat/Dangerous Goods Transportation Updates

EPA – PFAS National Drinking Water Regulation / NEPA Implementing Regulations Part 2

EPA Issues Asbestos Part 2 Draft Risk Evaluation, Preliminarily Determines That Asbestos Poses Unreasonable Risk to Human Health

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances, Releases CERCLA Enforcement Discretion Policy

EPA – Review of Secondary NAAQS

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.

EPA Proposes to Require Submission of Health and Safety Studies for 16 Chemicals Being Considered for TSCA Risk Evaluation

EPA published on March 26, 2024, a proposed rule requiring manufacturers (including importers) of 16 chemical substances to submit copies and lists of certain unpublished health and safety studies to EPA. 89 Fed. Reg. 20918. EPA identified 15 of the chemical substances as potential candidates for prioritization through a screening process based on a combination of hazard, exposure (including uses), and persistence and bioaccumulation characteristics. EPA also included the N-(1,3-Dimethylbutyl)-N’-phenyl-p-phenylenediamine (6PPD) transformation product 2-anilino-5-[(4-methylpentan-2-yl) amino]cyclohexa-2,5-diene-1,4-dione (6PPD-quinone) due to a response to a recent citizen’s petition filed under Section 21 of TSCA on 6PPD and 6PPD-quinone. According to the proposed rule, health and safety studies sought by this action will help inform EPA’s responsibilities pursuant to TSCA, including prioritization, risk evaluation, and risk management. Comments are due May 28, 2024. For more information on the proposed rule, please read the full memorandum.

Read more here

National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review

Harmonizing TSCA Consent Orders with OSHA HCS 2012

May 14, 2024
11:00 a.m. – 12:00 p.m. (EDT)
Register Now

Register now to join Bergeson & Campbell, P.C. (B&C^®) for “Harmonizing TSCA Consent Orders with OSHA HCS 2012,” a complimentary webinar covering case studies and practical applications of merging the requirements for consent order language on the Safety Data Sheet (SDS).

Toxic Substances Control Act (TSCA) consent orders and Significant New Use Rules (SNUR) are issued under Section 5 for specific chemicals. These U.S. Environmental Protection Agency (EPA) consent orders and SNURS often include requirements to add hazard communication language to SDSs. Communicating this language to commercial partners can be challenging as implementing these measures must be harmonized with requirements under the U.S. Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS). Simultaneously fulfilling the requirements of both TSCA and OSHA HCS is critical for companies that are preparing HCS elements for products used in the workplace. This webinar explores these challenges and offers suggestions to resolve them.

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]).

2024 National Safety Stand Down to Prevent Falls in Construction

In advance of the 11^th Annual National Safety Stand-Down to Prevent Falls in Construction on May 6 – 10, 2024, we want to share several new tools and resources to assist workplaces in preparing for and participating in the Stand-Down, as well as ways to get involved:

• 2024 Fall Stand Down Poster
• 2024 Stand-Down officially announced:
  • February 1, 2024 OSHA QuickTakes

• Resources and Handouts:
  • 2024 Fall Stand-Down Poster (English/Spanish) (also attached)
  • Hardhat Stickers and Hazard Alert Cards

• Get Involved:
  • If you plan to host a free event that is open to the public and want to post your event on OSHA’s webpage, you may submit the event details here or contact your Regional Stand-Down Coordinator to learn more.
  • Do you have fall prevention resources in other languages? We would love to include them in our Fall Prevention Resources: Additional Languages Page. Please send resources to Jessica Bunting: [email protected]

As a reminder, anyone who wants to prevent fall hazards in the workplace can participate in the Stand-Down. Companies can conduct a Safety Stand-Down by taking a break for a toolbox talk or other safety activities such as conducting safety equipment inspections, developing rescue plans, or discussing job-specific hazards. Consider planning a stand-down event that works for your workplace.  See Highlights from Past Stand-Downs.

Informational Webinar:

STOP School Violence Program FY2024 Solicitation Networking Drop-In

The Bureau of Justice Assistance (BJA) and the Community Oriented Policing Services (COPS) office have released their 2024 solicitations. If you’re an interested applicant, there will be a live, informational webinar on 5/9 from 3:00 – 4:30 PM ET. If you have any questions regarding the BJA, COPS, or the (not yet released) OJJDP solicitations, you can submit them via the form linked on the webinar page by 5/6. To learn more and register for the webinar, click on the button here.

It’s National Youth Violence Prevention Week, an annual event aimed at raising awareness about the pressing issue of youth violence and fostering dialogue on effective prevention strategies. It marks a collective effort to empower communities, educators, parents, and young people with the tools and knowledge needed to address and mitigate violence among youth. We offer the following resources to help support the school community in youth violence prevention efforts:

• Youth Violence Prevention Action Kit
• What is Youth Violence? Video
• Promoting Mental Health and Well-Being in Schools: An Action Guide for School and District Leaders
• Bullying Prevention and Preparedness Modelling Webinar

2024 STOP Solicitations

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

Worker’s Memorial Day 2024

Recently, I had the honor of presenting at the Worker’s Memorial Day Expo, hosted by OSHA, and of attending the wreath-laying ceremony in honor of fallen workers nationwide. Attendees at these events had the opportunity to meet and speak with the families of workers whose lives were cut short by workplace hazards, most of which were preventable.

After speaking with these families, one thing became clear: when a worker is killed on the job, it isn’t just the families who grieve. Their communities grieve, too. Every fallen worker is a son, a daughter, a father, a mother, a neighbor, a friend, or a part of a larger community. I’m not afraid to share that it brought a few tears to my eyes, listening to the toll that workplace hazards have taken on countless families across the country.

Read more here.

IHMM-HMS Event Calendar