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

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Inside IHMM

Creating a Collaborative Culture

There are 1,499 different conversations going on in the IHMM/HMS Collaboration platform this week.

Do you have a problem you need to solve and want the opinions of your colleagues? We created the COLLABORATION platform to enable our certificants to network, learn, and grow from one another.

This is where we collaborate with the best people in their fields, always willing to help one another lessen the stress of our jobs and where we strive as a team to make a difference of which we are proud.

You can collaborate here.

Access to COLLABORATION is through the same username/password you use to access your MYIHMM account. Are you having a problem? Contact Jimmy Nguyen at [email protected]

Washington’s Landscape Changes in January, 2025

• Republican Donald J. Trump was elected President on November 5th. Trump won 312 electoral votes to 226 for the Democrat Harris with a popular vote margin as well of 3,2 million votes. President-Elect Trump has just started naming nominees for Cabinet posts, among whom is Lee Zeldin, who formerly represented New York’s 1st Congressional District from 2015-2023 and has been nominated to become the new head of the U.S. Environmental Protection Agency. Zeldin has pledged to roll back regulations and unleash U.S. energy dominance.
• Republicans in races for the U.S. House, appear to have taken the majority with 218 seats with Democrats controlling 209, with 8 seats still to be decided. This means that Speaker Mike Johnson [R-LA 4th CD] will return as Speaker of the House. Republicans will command the Chairs of Committees and set the agenda for the next House of Representatives that begins January 3, 2024.
• Republicans in races for the U.S. Senate have won control of the Senate by picking up a net of 4 seats, controlling the Senate with 53 members to the Democrats 47. At this writing there is a spirited race for Majority Leader of the Senate to replace Mitch McConnell, among the leaders running are Senator Rick Scott [R-FL], Senator John Thune [R-SD], and Senator John Cornyn [R-TX].

IHMM Proposes Changes in Government Recognition of Credentials

1.  IHMM Sent a letter to the U.S. Department of the Interior, National Park Service, concerning the uses of professionally credentialed persons performing work for the Park Service.

2. IHMM Signs Letter Opposing Reductions in OSH Worker’s Pay – The IHMM Government Affairs Committee has agreed to sign a coalition letter opposing reductions in pay for IH and OSH employees. Here is the coalition letter we signed.

• Here is the response we received back from the VA.

3. 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.

4. 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.

All IHMM Government Affairs Projects Are Here

Beltway Buzz – Ogletree Deakins

Republicans Sweep. The Republican Party’s capture of the White House and both chambers of Congress this week will usher in a new labor, employment, and immigration policy agenda beginning in early 2025. Here is what employers can expect during the remaining weeks of 2024 and looking ahead to the new year.

Remainder of 2024: Playing Out the String. Congress will return to Washington, D.C., the week beginning November 13, 2024, and is scheduled to be in session for roughly five weeks prior to the end of the calendar year. Congress has a significant to-do list to get through during this lame-duck period, including funding the federal government beyond December 20, 2024, and passing the National Defense Authorization Act (setting policies and funding levels for the military), hurricane disaster relief, and the Farm Bill (setting agriculture, nutrition, and forestry policies), among other efforts.

Nominations will also be a priority for Senate Majority Leader Charles Schumer (D-NY), and he will likely focus on confirming President Biden’s nominees to lifetime appointments on the federal bench. Also looming large is the nomination of Lauren McFerran to another term on the National Labor Relations Board (NLRB), though it is unclear where this issue fits among Schumer’s priorities. McFerran’s term expires on December 16, 2024, and keeping her off the Board will allow President-elect Trump to immediately appoint two new Board members to join Marvin Kaplan to form a Republican majority.

2025: A New Congress and New Administration.

• Executive orders. As with many new administrations, the Trump administration is likely to begin with a flurry of executive orders. For newly inaugurated President Trump, such executive orders could be related to immigration (likely focusing on the border and travel), diversity equity and inclusion (DEI) in the federal government and federal contracting community, energy, regulatory reform, and international trade, among other topics. Agency rulemaking may be required to implement some of these executive orders, which will take time.

• Personnel. Confirmation hearings for judicial and agency appointments are likely to be a focus for the Senate in 2025. Because agency officials can be confirmed with a majority vote in the Senate, President Trump will have a relatively easy time getting people confirmed, though this is never a guarantee (see Julie Su and David Weil). “Personnel is policy” in Washington, D.C., and these officials will play an outsized role in shaping labor and employment policy regardless of the administration. President-elect Trump will likely draw on officials who served in his previous administration, as well as Republican members of Congress.

• Congress. As of this writing, Republicans will have at least a two-member majority in the U.S. Senate and are projected to maintain a slim hold on the U.S. House of Representatives. This “trifecta” presents Republicans with a realistic opportunity to pass legislation, though the Senate’s legislative filibuster—assuming it remains in place—may limit their ability to do so. Republican leaders in the Senate have gone on record stating that they would preserve the filibuster, but pressure from President Trump could change their minds.
  • Taxes. Much of the legislative debates during the first session of the 119th Congress will focus on taxes because many provisions of the 2017 Tax Cuts and Jobs Act (TCJA) will expire at the end of 2025. Republicans will seek to make these provisions permanent. As they did with the passage of the TCJA in 2017, Republicans in Congress will likely use the reconciliation process to advance tax cuts legislation, as it allows legislation to pass in the Senate through a simple majority vote. In particular, the Buzz will be interested to see if President-elect Trump’s “no tax on tips” promise gains any traction.
  • Immigration and energy. Congress will also focus on legislation to address security at the southern border and to require proof of citizenship to register to vote. Opening up more land for energy exploration and production and repealing the Inflation Reduction Act’s green energy provisions will also be priorities.
  • Labor and employment. This is not a favorite issue area for Republicans. Still, some issues to monitor include child labor, portable benefits, the Employee Rights Act, and anti-DEI measures. Along these lines, congressional Republicans could use their subpoena authority to investigate and shine a light on DEI and ESG practices in the private sector (this could include letters to CEOs from members of Congress requesting information or inviting them to testify about these practices). The Buzz also wonders whether Republicans would consider a federal paid family leave framework with language to preempt state/local laws.

• Supreme Court of the United States. With Republicans in control of Congress, legislative attempts to add justices to the Court or enact ethical/recusal reforms will go by the wayside (for now). Additionally, there could be opportunities for President Trump to appoint new justices to the Court, should Justice Clarence Thomas (age seventy-six) and/or Justice Samuel Alito (age seventy-four) choose to retire. President Trump appointed Justices Gorsuch, Kavanaugh, and Coney Barrett during his first term.

• U.S. Department of Labor (DOL).
  • The DOL in the new Trump administration will likely rescind Biden-era regulations relating to independent contractors, overtime, OSHA’s “walkaround” regulation, and prevailing wages on federal construction projects. It would also hit “pause”—at the very least—on the Occupational Safety and Health Administration’s (OSHA) pending regulatory proposal regarding heat in indoor and outdoor workplaces.
  • The DOL’s Wage and Hour Division will likely focus on voluntary compliance efforts, perhaps by reinstituting the Payroll Audit Independent Determination (PAID) program.
  • The Office of Federal Contract Compliance Programs (OFCCP) will also lean into compliance outreach and transparency. There may be conversations about combining OFCCP with the U.S. Equal Employment Opportunity Commission (EEOC), as this was proposed in the fiscal year 2018 budget proposal during the first Trump administration. This discussion happens in most Republican administrations, but it has always been abandoned due to logistical issues and concerns about combining the worst parts of both agencies (e.g., giving the EEOC debarment authority).
  • One caveat: President-elect Trump and Vice President-elect Vance have a populist bent to them, so it is possible that these political views may lead to some trepidation in withdrawing regulations that are perceived as “worker friendly.”

• • • National Labor Relations Board. It is highly likely that President Trump will fire NLRB General Counsel (GC) Jennifer Abruzzo very quickly—likely on Inauguration Day. A new acting general counsel will likely be appointed until a Senate-confirmed GC can be installed. Shortly thereafter, stakeholders can expect the new GC to issue a memorandum outlining his/her priorities. (Suffice it to say that General Counsel Abruzzo’s current efforts to outlaw noncompete agreements and limit employer speech would not be included in such a memo.)

  But reversing the Board’s recently union-friendly decisions may not be so easy. If Lauren McFerran is reconfirmed, as mentioned above, the NLRB will have a Democratic majority through August 2026, and the pro-union policies we have seen over the last several years will continue during that time. That said, there are current cases in the federal courts arguing that NLRB members—like Cabinet members—should serve at the President’s will, as opposed to set five terms. President Trump could run with this argument and fire McFerran (or even sitting Democratic members David Prouty or Gwynne Wilcox, which would raise a quorum issue). This would result in a big legal and political fight, which Trump may or may not want. On the other hand, if the Senate fails to confirm McFerran, then Trump would be free to nominate two Republicans (or one if President Biden’s Republican nominee, Joshua Ditelberg, is confirmed) to team with current Republican Marvin Kaplan.

• When Republicans do get a majority on the Board—whether in 2025 or 2026—they can be expected to roll back recent Board decisions second-guessing commonsense workplace policies, countenancing potentially harassing conduct under the rubric of protected concerted activity, expanding the type of remedies available, and green-lighting a form of unionization via card check, among other matters.
• • • U.S. Equal Employment Opportunity Commission. Similar to the NLRB, Democrats will have a three-member majority on the EEOC through the summer of 2026. However, President Trump is expected to make Republican commissioner, Andrea Lucas, the chair. This means that Lucas will control the Commission’s agenda, but she won’t have the votes. This will create a bit of a policy stalemate at the EEOC—which we saw for much of the first half of the Biden presidency, when the Commission was deadlocked with two Democrats and two Republicans—in terms of trying to make changes to its recent harassment guidance or pregnancy regulations. But, on the plus side for employers, it also means that the EEOC will not be able to advance its pending proposal to require employers to submit to the agency employee pay data.

  Additionally, President Biden, for all intents and purposes, fired President Trump–appointed EEOC general counsel, Sharon Fast Gustafson, two months into his term. In turn, we can expect newly inaugurated President Trump to ask for the resignation of the EEOC’s current general counsel, Karla Gilbride.

Immigration (DOL, U.S. Department of Homeland Security, U.S. Department of State). Whereas the Biden administration focused on streamlining and modernizing employment-based immigration processes, a Trump administration is expected to slow down processes and increase vetting and scrutiny of petitions. Stakeholders can expect an increase in requests for evidence, elimination of deference to prior approvals, roadblocks at U.S. consulates abroad, and the like. On the regulatory front, the administration my try to resuscitate its H-1B wage rule, which was struck down by a federal judge because the rule was not issued with the required notice-and-comment process. The administration could further propose eliminating work authorization for spouses of H-1B visa holders, something that the Trump administration forecasted in 2020, but never actually proposed.

Small factories, big fines: Tackling OSHA compliance

Small firms face higher average compliance costs, but understanding key safety standards and how to foster a strong safety culture can avoid employee injuries and hefty citations.

The majority of U.S. manufacturing firms are quite small. In 2021, roughly 98% of U.S. manufacturers had less than 500 employees, according to the National Association of Manufacturers, and three-quarters of firms had fewer than 20 employees.

Read more here.

Per- and Polyfluoroalkyl Substances (PFAS) News and Information

The attorneys, scientists, regulatory specialists, and business consultants of Bergeson & Campbell, P.C. (B&C^®) and our consulting affiliate The Acta Group (Acta^®) relentlessly participate in and track developments regarding the global regulatory approach to PFAS. We offer this constantly updated library of PFAS resources to help those in the chemical and chemical products industry understand what they need to know and what it means to their business.

EPA and Other Agency PFAS links:

• Recording, transcripts, and slides from EPA webinar “TSCA Section 8(a)(7) Rule: Reporting and Recordkeeping Requirements for PFAS” held January 25, 2024
• EPA PFAS Resource Page
• EPA List of PFAS for TSCA Section 8(a)(7) Rule
• PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024
• EPA PFAS Strategic Roadmap: Research Tools and Resources Webinar Archive
• EPA PFAS Resources, Data and Tools
• EPA PFAS Analytic Tools
• EPA Press Releases Related to PFAS
• European Chemicals Agency (ECHA) PFAS Resource Page
• OECD Portal on Per- and Polyfluoroalkyl Substances (PFAS)
• Minnesota Pollution Control Agency PFAS ban

NATE Highlights Revised ANSI/ASSP A10.48-2023 Standard

The Communications Infrastructure Contractors Association recently released a Climber Connection video about ANSI/ASSP A10.48-2023, “Criteria for Safety Practices with the Construction, Demolition, Modification and Maintenance of Communication Structures.”

NATE: The Communications Infrastructure Contractors Association today released a safety video highlighting the revised ANSI/ASSP A10.48-2023 Standard. The video is the sixth to debut as part of Volume 7 of the NATE Climber Connection series.

The ANSI/ASSP A10.48-2023 Standard – Criteria for Safety Practices with the Construction, Demolition, Modification and Maintenance of Communications Structures serves as the industry’s “playbook” and provides comprehensive safety guidance for the entire tower construction, service and maintenance activities work cycle.

“This video is a must watch for all stakeholders operating in the industry as it educates employers and employees alike on the updates that were made to the A10.48-2023 standard,” said Kathy Stieler, NATE’s Director of Safety, Health, and Compliance. “I would encourage all companies in the industry to purchase a copy of the updated A10.48-2023 Standard that is available on NATE’s website. “Embracing and implementing this comprehensive standard into daily communication tower activities will enhance the culture of safety and quality in the industry,” added Stieler.

The Association also encourages industry workers to subscribe to NATE’s YouTube Channel and share their comments on the video through social interaction on the Association’s Facebook, Instagram, LinkedIn, Reddit, Tumblr, Twitter and YouTube platforms.

Companies and employers are encouraged to purchase a copy of the revised ANSI/ASSP 10.48-2023 Standard which is available on NATE’s website at the following link:

https://lnkd.in/gUDp5_kR

OSHA Emergency Response Standard Hearing

Notice of Public Meetings: International Standards on the Transport of Dangerous Goods

PHMSA’s OHMS will be hosting public forums in advance of four international meetings to allow the public to give input on current proposals being considered by the International Civil Aviation Organization’s (ICAO) Dangerous Goods Panel (DGP) and the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The international meetings include:

• PHMSA Pre-UN Meeting: PHMSA TDG Public Meeting on November 13, 2024. Public Meeting in preparation for the 65th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods (TDG). If planning to attend in person, please register for the meeting here This meeting will be also held virtually via MS Teams: 9 am – 12 pm EDT Click here to join the meeting Dial in by phone: +1 509-931-1572 Phone Conference ID: 911 929 787#
• The 65th session of the UNSCOE TDG, scheduled for November 25 to December 3, 2024, in Geneva, Switzerland.

Each of these public meetings will be held approximately two weeks before the corresponding international meeting at U.S. Department of Transportation (DOT) Headquarters in Washington, DC (1200 New Jersey Avenue SE, West Building), with a remote participation option available. Specific information for each meeting, including date, time, conference call-in number, and details for advance registration will be posted when available on PHMSA’s website under “Upcoming Events.”

Federal Register here.

Empowering Education Leaders: A Toolkit for Safe, Ethical, and Equitable AI Integration

The U.S. Department of Education, Office of Educational Technology’s new Empowering Education Leaders Toolkit helps school leaders safely and equitably integrate AI into education. It provides steps for addressing issues like deepfakes, AI-generated school threats, and cyberbullying. The toolkit also offers guidance on protecting student privacy and data, ethical AI use, and presents an overview of federal laws and considerations. These are essential to anchoring and ensuring the use of AI in a safe, secure, and non-discriminatory manner. Explore the toolkit to learn about key considerations for AI in schools.

Learn More Here

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Creating a Culture of Support: Enhancing Staff Resilience in Emergency Situations

Available Now as an On-Demand Webinar

Emergency drills can be stressful for school staff, but integrating mental health support and breaking down safety silos can enhance resilience.

In this on-demand webinar, presenters from the Colorado School of Public Health share strategies for improving emergency drill systems through tailored training, staff feedback, and local resource identification. Participants will learn to customize training for their districts, facilitate effective feedback sessions, and implement changes based on staff input.

Watch Now Here

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OJJDP Launches New Curriculum

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) recently launched the Youth Hate Crimes and Identity-Based Bullying Prevention Curriculum, a key part of its initiative to address hate crimes and bullying. This 10-unit resource helps build protective factors in youth, change harmful behaviors, and educate professionals on using technology to reduce bias. It’s designed for youth-serving organizations, schools, and community groups to raise awareness and prevent identity-based bullying. Explore it today!

Learn More Here

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CISA Launches New Resource

Anonymous threats of violence, especially on social media, are common in K-12 schools. According to the FBI, schools faced over 6,000 such threats in 2022, causing fear, disrupting learning, and straining resources. To address this, CISA has released the Anonymized Threat Response Guidance: A Toolkit for K-12 Schools, which helps schools, law enforcement, and communities respond to and prevent anonymous threats. Explore the toolkit to learn actionable steps for improving school safety. Learn more here.

Calling All Safety Pioneers

If you’re part of an AIHA working group or technical committee, or have a strong interest in standards development, I encourage you to submit ideas for standards through the International Safety Equipment Association standards development portal. ISEA has been developing standards for product performance, use, hazard prevention, and other health, safety, and environmental issues for over 85 years. The organization includes leading safety equipment manufacturers as well as safety professionals in the education, consulting, testing, and advocacy fields.

Standards start as ideas and are drafted and developed through 12 ISEA product groups. These groups cover numerous safety categories including head protection, respiratory protection, emergency eyewash/shower, and heat stress, just to name a few. Consensus is achieved either through a formal panel review or by submission to an accredited standards committee. With either method, the standards undergo rigorous public review before they are approved by ANSI as American National Standards.

Read more here.

• ECHA adds one hazardous chemical to the Candidate List

• Testing proposals

• Call for evidence: screening report on tetraethyllead

• New substance evaluation conclusions published

• Assessment of regulatory needs report published 

• Endocrine and developmental immunotoxicity investigations in EOGRT studies

• Want to keep using Terbutryn and BIT under product-type 9?

• Revised guidelines for assessing confidentiality claims for biocides

• Upcoming webinars in November 2024

• Biocides decision on Union authorisation

IHMM-HMS Event Calendar