IHMM In-Person or Remotely Proctored Exams
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, 2020.
About 65% of Kryterion in-person testing centers have reopened. If you prefer the comfort and convenience of taking your exam from your home or office instead of at a Kryterion center, IHMM is ready to enroll you in a remotely proctored examination.
Please contact either Kortney Tunstall at [email protected] for the CHMM, CHMP, or CDGP exams or Kaylene Cagle at [email protected] for the CSHM or CSMP exams.
Tuesday, October 19, 2021
IHMM Today is an online publication of the Institute of Hazardous Materials Management (IHMM)
are compiled from independent sources and do not necessarily reflect the opinions of IHMM.
IHMM Credential Recognition
Below you will see the credential badges that are now in each CHMM, CHMP, CDGT, CDGP, Student CHMM, CSHM, CSMP, and ASHM 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. Simply right-click on the badge of choice, then save as to your computer, and then load it to wherever you want to use it, and please link that back to https://ihmm.org/.
IHMM Certificant Recognition
IHMM has 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. Right-click on the badge of choice, save as to your computer, then load it to whatever medium you choose.
Throughout our certificant’s MYIHMM accounts are also now placed 10 Year, 20 Year, and 30 Year badges signifying their longevity as an IHMM certified professional.
IHMM has also added Distinguished Diplomates and Fellows of the Institute badges to the appropriate people in the MYIHMM database. These two badges will be accompanied by new lapel pins to be sent to each of those distinguished by holding these designations.
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.
Update Your IHMM Credential Record
Each IHMM certificant has their own private, personal record. Updating your record with the correct information is an important requirement of being an IHMM certificant. We’ve made updating your record simple to do, and it starts at the IHMM website at https://ihmm.org/, and the toolbar at the top as seen below.
First, click on the MYIHMM button, shown below highlighted in RED.
That brings you to this screen…
If you have forgotten your username or password, click on FORGOT USERNAME/PASSWORD and enter your email address and we’ll take care of the rest.
Forgotten which email address you used to register and can’t retrieve your user/pass? Then please contact anyone of the following who can assist you:
Jimmy Nguyen – [email protected]
Kaylene Cagle – [email protected]
Jim Drosdak – [email protected]
Kortney Tunstall – [email protected]
Mikki Shea – [email protected]
IHMM Helps You Recertify Your Credential
You worked hard and committed time and resources to earn your credential. Every 5 years you need to recertify that credential in order to keep it. In the past year and a half recertification has become more of a challenge.
We recently spoke with a certificate we will call Jim, a very nice certificant who was worried he would not have enough points to recertify because the pandemic had kept him from traveling to conferences. Jim told us about all the things he couldn’t do because of the pandemic, so we asked if he’d mind doing a little exercise we like to do with someone when they don’t think they will have enough points to recertify.
We started by going over his recertification cycle dates, so we were on the same page regarding when activities could be claimed. Then we went over his employment during the 5 year period, to determine how many Continuing Education/Professional Development points he would need to enter to reach the remaining CMPs needed to recertify.
As Jim was employed full-time, he earned 20 CMPS per year giving him the maximum 100 CMPs claimable for employment, which is HALF of the total CMPs needed to recertify. After that we reviewed the activities he’d already entered, and he still needed 40 CMPs. So we chatted about what else he does in the community, outside of work. During that chat, Mr. Lamb shared that he is a member of the National Guard, and that keeps him from doing too much in the way of recertification activities.
Like a ray of sunlight shining down, we found his source of overlooked points. We explained that when in his Guard capacity MANY of his activities in that role meet the criteria for CMP activity claim eligibility. In an instant, he went from struggling to find activity points, to having to decide which activities would be the largest and easiest to enter to keep his typing load to a minimum.
The lesson here is: Don’t forget that if you have more than one job (whether it is paid OR volunteer), any employment over and above the 100 CMPs maximum claimed for Employment are likely to be eligible to be used as Professional Development. Activities can qualify either by the nature of the employment, training, coursework, or service provided, or the training it requires to DO. It is a matter of figuring out which type of activity it is and how to enter it.
As long as the activity relates to one (or more) area of the blueprint, it can be claimed.
Earning CMPs is NOT all about attending conferences or seminars in person. IHMM has created HMS to make it easier to find CMPs right online > https://hazmatsociety.org/training/category/cmps/ so every certificate can make use of resources enabling them to more easily recertify. Guidance on recertifying your credential is found here > https://ihmm.org/credentials/#recertification
For more information contact: Jim Drosdak at [email protected]
June Brock-Carroll, Board Member and Treasurer
IHMM 2021 Board of Directors Election
Each year, one or more seats are about to become vacant on the IHMM Board of Directors as a person’s term or tenure is ending. In 2021, the position held for the CHMP seat on the Board will become vacant as June Brock-Carroll’s first term ends on 12/31/2021.
June is running for re-election to another 4-year term, unopposed.
June’s Nomination Papers Are Here
Every IHMM certificant in good standing will receive an email from IHMM with a discreet identification number that may only be voted once. The Election begins October 1, 2021, and runs through October 31, 2021. Results will be announced on November 9, 2021, in IHMM Today.
IHMM is a Strategic Partner of IATA and is pleased to pass along this important information to our certificants
IATA 2021 Global DG Confidence Outlook
IATA recently partnered with Labelmaster and Hazardous Cargo Bulletin to gather feedback on the level of confidence most DG professionals have about their dangerous goods shipments across the globe.
The objective of this survey was to outline if most dangerous goods professionals are confident that their shipments are compliant, and follow the industry regulations and best practices.
Here are the key takeaways that were found after analyzing the results:
- Dangerous goods professionals found that despite the range of supply chain challenges, their organizations managed the pandemic reasonably well
- Many dangerous goods professionals are confident that things are getting back to normal. 37% said that things are already back to normal, while 29% said that things will be back to normal within the year
- Despite positive sentiment, DG pros are signaling there are still critical organizational issues to be addressed. The most pressing being organizational awareness and infrastructure (50%), training curriculum that meets goals and supports remote learning (46%), harmonized regulations and interpretations (44%) and DG technology (42%)
If you want to read the full survey, you can view the results here
Roundtable Discussion for Utilities on A Compendium of U.S. Wastewater Surveillance to Support COVID-19 Public Health Response
October 26, 2021
11:00 a.m. – 12:30 p.m. Eastern Time
Register Here
The United States Environmental Protection Agency (EPA) recently released the report A Compendium of U.S. Wastewater Surveillance to Support COVID-19 Public Health Response. EPA created this compendium to document efforts across the country to support the surveillance of SARS-CoV-2 through wastewater sampling and to guide those interested in implementing wastewater surveillance in the future by elaborating on funding, project management, results, and potential actions to prevent the continued spread of COVID-19. To support this goal, the compendium documents the efforts of federal, state, local, and tribal agencies—as well as associations, universities, and the private sector—throughout 2020 and into early 2021 to explore federal and other funding sources, develop and implement wastewater surveillance for SARS-CoV-2, and provide information on program implementation through case studies.
EPA is hosting a roundtable discussion based on the compendium to better understand the role and needs of wastewater surveillance for utilities and underserved communities. The discussion includes experts selected to represent a range of stakeholders. Over the 90-minute facilitated meeting, panelists will discuss and provide input for three main topics:
- Dissemination of information on wastewater surveillance to utility stakeholders
- Use of wastewater surveillance to provide targeted outreach to underserved communities
- Gaps and opportunities from the utility perspective
You are invited to listen and to disseminate the information to your members on the interactive roundtable discussion and provide your feedback.
For any questions related to this announcement, please contact [email protected]. Do not respond directly to this message, as this inbox is not monitored.
Driving Employee Participation in Safety through Representation
Save the Date!
The next installment of the Safe + Sound Partner Seminar Series will take place on November 16, 2021 at 1:00 p.m. Eastern Time. Join the National Safety Council (NSC) and the Safe + Sound Campaign for a webinar on “Driving Employee Participation in Safety through Representation,” which focuses on building employee engagement around safety by ensuring everyone has a voice at the table. This webinar will also examine how to set clear, measurable goals around participation and representation.
Registration Link:
https://nsc-org.zoom.us/webinar/register/WN_uW89Tf0vT-q-IimfwT0H4Q
Time Is Running Out
The Safe + Sound partner survey will close on Monday, October 18th. We want to hear from you! Please fill out the survey and help us improve Safe + Sound.
Encourage Workers to Participate
Workers often know the most about potential workplace hazards associated with their jobs, and they may be able to recommend simple, effective solutions. Managers should create an environment where workers feel encouraged to speak up and offer their input. Learn how to include worker participation in your safety and health policy. Download the Worker Participation Worksheet – Inclusion in your Policy worksheet now! The purpose of the Safe + Sound worksheets is to provide concrete activities to help you develop and implement your safety and health program.
FEDERAL CREDENTIAL RECOGNITION – CALL TO ACTION – Freedom to Invest in Tomorrow’s Workforce Act
CALL TO ACTION – Representative Spanberger of Virginia’s 7th Congressional District has drafted legislation entitled, H.R. 2171, “Freedom To Invest in Tomorrow’s Workforce Act.” This legislation expands the provisions of existing law with respect to the allowable uses of Section 529 education tuition accounts to include most expenses paid by the holders of private professional certifications. We need you to contact your House and Senate members to ask them to co-sponsor this legislation.
CLICK HERE TO PARTICIPATE
You can support this effort with your voice and message. Go here> https://ihmm.org/45-in-5-task-force/ and fill out your contact information where provided and help to pass H.R. 2171/S. 905.
Call for Volunteers – Student CHMM Committee
From Spring 2020 through Early Summer 2021 IHMM ran a pilot program for the newly created Student CHMM credential. See > https://ihmm.org/student-chmm/ The pilot program involved two colleges that brought forth 90 Student CHMM applications. Having successfully conducted this pilot program, IHMM now seeks to have a small group of volunteers oversee and help to guide the program.
You can learn more about the program here > https://ihmm.org/ihmm-student-chmm-committee/ including the charter of the committee as approved by the IHMM Board of Directors.
If you would like to help increase interest in IHMM credentials among college students, this is your opportunity to make a meaningful and valuable contribution to IHMM and to college students before they graduate from college and start their professional hazmat careers.
Go here > https://ihmm.org/ihmm-student-chmm-committee/ and volunteer today! Preference is given to CHMMs.
IHMM Board Approves Federal Credential Recognition Rulemaking
The IHMM Board has approved a proposal for IHMM to create an initiated rulemaking at EPA to amend 40 CFR § 312.10 – Definitions to include CHMMs, as well as a petition to the Small Business Administration recognizing CHMMs for the purposes of conducting Phase I and Phase II site assessments.
Important to these efforts will be every non-government credential holder to support the effort when the time is right. IHMM will notify all very soon.
IHMM Announces New CHMP Test Specification [Blueprint] Effective 2022
The Institute of Hazardous Materials Management (IHMM) conducts a Job Task Analysis (JTA) to validate all certification examinations every five years, or more often if circumstances warrant. The Job Task Analysis identifies the performance areas and associated knowledge, tasks, skills, and abilities relating to the credential. During the JTA process, a new blueprint is created that reflects the consensus of the profession and is validated by survey participants. The blueprint provides the areas of competency that a minimally qualified candidate must have to be deemed competent.
The IHMM CHMP Scheme Committee has conducted a comprehensive Job Task Analysis (JTA) based on psychometric principles during a yearlong series of 2- or 1- hour web meetings and has completed a new JTA and blueprint for the CHMP examination.
IHMM would like to extend a special thank you to the CHMP Scheme Committee members. The success of this project is attributed to the time and effort put in by the Subject Matter Experts (SMEs). The SMEs were fully engaged in the process and committed to the mission of IHMM and the CHMP credential. Thank you for volunteering your time and your expertise. Your hard work strengthens the CHMP credential!!
Working under the guidance of a trained psychometrician from Certification Management Services (CMS), the CHMP Scheme committee composed of nine (9) Subject Matter Experts (SMEs) developed the new JTA and blueprint. Other facilitators include Kevin Herron, Chair of the CHMP Scheme Committee, and M. Patricia Buley, IHMM’s Director of Certification and Accreditation.
Subject Matter Expert | Organization |
| Kevin Herron, Chair | Univar Solutions |
| Mark Crawford | Robindale Energy |
| David Hall | Roche Molecular Systems |
| James McIntyre | University of Illinois Fire Service Institute |
| Jeffrey Parks | Dyno Nobel Inc. |
| James Sizemore | D.H. Griffin Wrecking |
| William Tomlinson | Professional Training Association Inc. |
| Jake Trahan II | Nutrien |
| Rick Wolf | Univar Solutions |
The eligibility requirements for the CHMP examination will remain the same.
- Five (5) years of relevant experience with responsibilities directly relating to hazardous materials and or waste in the workplace.
- Or an Associate degree from an accredited college or university in applied science or related field degree; for example, in hazardous materials management, environmental science, environmental management, physical or life science or environmental technology, plus three (3) years of relevant experience with responsibilities directly relating to hazardous materials and or waste in the workplace.
The following is a synopsis of the changes:
- A significant amount of the general concepts identified in the current blueprint are carried over to the new blueprint.
- All the Domains are streamlined.
- All the Tasks are modified to test objectives.
- Testing objectives were added for all the Domains, increasing the focus on Application, rather than simply knowledge of concepts or definitions.
- The Domain weights (percent of the exam) shifted slightly for all the Domains.
The new CHMP examination blueprint will go into effect in 2022 and is found HERE.
Government Agencies That Recognize the IHMM Credentials
Here is a small sampling of the government agencies that recognize IHMM Credentials
EPA Administrator Regan Announces Comprehensive National Strategy to Confront PFAS Pollution
Democrats Debating Cuts to Reconciliation Package
Global Tax Deal Faces Hurdle in U.S.
Ninth Edition of GHS Includes Revisions to Chapter 2.1 (Explosives) and Decision Logic
National Environmental Policy Act Implementing Regulations Revisions
CDC- Informational Meeting: The Importation of Infectious Biological Agents, Infectious Substances and Vectors; Public Webinar
Du Pont, PMNA settle with EPA on waste-related accusations
Request for Nominations of Experts to the EPA Office of Research and Development’s Board of Scientific Counselors
Addition of Certain Chemicals; Community Right-to-Know Toxic Chemical Release Reporting
Announcement of the Board of Directors for the National Environmental Education Foundation
EPA Announces Next Steps to Enhance Scientific Integrity and Strengthen New Chemical Safety Reviews
Are Drinking Water Providers Liable Under RCRA for Contaminants They Didn’t Introduce?
EPA Updates Confidential Status of Chemicals on TSCA Inventory
Baby Steps Toward a New WOTUS Rule
A Look at OSHA’s Top 10 Most Frequently Cited Standards for FY 2021
IATA launches CEIV lithium battery certification program
CSB urges EPA, OSHA to revise chemical safety rules
More than 13,000 vehicles transporting hazardous materials/dangerous goods were inspected during CVSA’s unannounced five-day inspection initiative
Embracing Digital Training to Improve Dangerous Goods Compliance
National Safety Council
IHMM is a member of the National Safety Council and is pleased to bring this important information to all of its certificants.
‘Safety doesn’t care about yesterday’: Brian Fielkow encourages forward-thinking, prevention mindset during Leadership Keynote
Campbell Institute Workshop focuses on building safety culture amid outside pressures
Check out the ‘On the Safe Side’ podcasts recorded live from Congress & Expo
Save the date: 2022 NSC Safety Congress & Expo
Fall Protection remains atop OSHA’s ‘Top 10’ list of most frequently cited violations
NSC Webinars
October 20 – Heat Stress and Vector-Borne Disease: Mother Nature vs. Flame-Resistant and Arc-Rated Clothing
October 20 – Forklift Operator Training: Tips for an effective program
October 20 – Risk Assessment Methods for Machine Safety and Cobots
October 21 – Surviving Safety: Excelling as a Safety Professional While Maintaining Individual Wellness
October 21 – Safety Management vs. Safety Leadership
October 21 – Surviving Safety: Excelling as a Safety Professional While Maintaining Individual Wellness
October 26 – OSHA Update: Catch up on the latest rules, enforcement trends, and initiatives
October 27 – Top 5 OSHA Safety Training Topics: Answers to Who Should be Trained, When, and Why
October 27 – Roundtable Discussion on Water Sector Lessons Learned from the COVID-19 Pandemic
October 27 – Machine Safety – Incorporating Interlocking Switches and Other Safety Devices
October 28 – How to Effectively Identify & Control Electrostatic Sparks During Your Dust Hazards Analysis
November 3 – OSHA’s First Aid Requirements: Top FAQs – Answered!
November 10 – Top 10 OSHA Citations: What Are They and How Do I Avoid Them?
November 10 – Drinking Water Utility Spill Response Webinar
HMS Education and Training
Hazardous Materials Society now has 6,347 education and training programs on its website, 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.
IHMM applicants and certificants are free to search the landscape for training. IHMM wanted to make that task easier by aggregating training in one place if you choose to use it. Among these more than 11.000 programs are webinars delivered online and virtually all carry IHMM CMPs values with them for your annual / 5-year CMP planning.
Hazardous Materials Society [HMS] Scholarship Applications – DEADLINE November 1, 2021
Dan Levine, Chair of the HMS Scholarship Committee is pleased to announce that HMS Scholarship applications for 2021 are live and available on the HMS website.
Visit the HMS Scholarship page and click the big red button that says APPLY NOW GET THE APPLICATION FORM HERE!
Thank you to Dan and his committee for getting the HMS Scholarship open in 2021, and for more information and the application form, please visit the website link above.
U.S. Environmental Protection Agency
Do you want to hold polluters accountable? Clean up contaminated sites? Address environmental crimes?
The U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance [OECA] is holding a Virtual Career Fair on Wednesday, October 20, 2021, at 9.30 am Eastern. For more information on the OECA Virtual Career Fair, including an opportunity to register please visit https://lnkd.in/gbZQwz2v Space is limited, so sign up early!
Donate to 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.
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.
In February of 2020, the World Health Organization’s director-general has declared a public health emergency of international concern over the ongoing outbreak of respiratory illness caused by a novel coronavirus. On March 13, 2020 President Trump declared a national emergency for the United States. IHMM and HMS’ first concern is with the safety and health of all of us; our staff and families, colleagues, certificants and members. We will update this page regularly as credible, authoritative information is available.
INFORMATION FOR HEALTHCARE PROFESSIONALS, PUBLIC HEALTH PROFESSIONALS, AND LABORATORIES.
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.
A Collaborative Culture
There are 514 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.
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 some of the conferences IHMM will support in 2021.
Are there conferences you believe IHMM should attend that do not appear here? If so, let us know! Send an email to Diane McLevy and tell us what conferences we should attend.
EnviroWorkShops 2021 Global Enviro Summit
POSTPONED to April 4-7, 2022
Charlotte, North Carolina
Contaminated soil, groundwater, and the air is a global issue and over $1 trillion is spent every year to mitigate pollution. There is a lot still to learn from each other on how each segment of the environmental industry impacts the next. The 2021 Global EnviroSummit is postponed until April 4-7, 2022 due to COVID-19 Delta variant.
With over 75 speakers from around the globe, the EnviroSummit is likely the first environmental conference that will have presentations from all 6 continents about 4 different themes – Remediation, Air Quality, Vapor Intrusion, and Wastewater.
Federation of Environmental Technologists Environment 2021 Conference
December 7-9, 2021
The Ingleside Hotel, Pewaukee, Wisconsin
This will be an in-person event – more information here.
IHMM is a member of the Professional Certification Coalition and is pleased to pass along this important information concerning credential recognition.
IHMM & PCC Meets with Congressman Derek Kilmer [D-WA, 6th CD]
Representative Derek Kilmer (D-WA), the author of the forthcoming REBUILD Skills Act, which the PCC has developed with the Congressman’s staff and other congressional staff.
The Resources and Education to Build [REBUILD] Skills Act, being drafted now, would create a federally funded Career Rebuilding Scholarship Fund administered by approved certification organizations and worker training programs. We are working with a state agency now to assist a laid-off worker seeking certification to transition to a new career. In addition, we work with hundreds of the more than 250,000 servicemen and women who muster out of the Armed Services each year, many of whom do not have degrees and have less than 3 years in a MOS [military occupation code]. We assist people with identifying their MOS with a companion private certification that is widely recognized by the private sector or among state agencies.
Beltway Buzz – Ogletree & Deakins
Congressional Update: Debt Limit Crisis and Reconciliation Plans. Both the U.S. Senate and U.S. House of Representatives were officially out this week, but the U.S. Congress still made some news.
- The House on October 12, 2021, passed a $480 billion increase in the debt limit to narrowly avoid a first-ever default on the nation’s debts. The Senate approved the increase on a party-line vote last week. As the Buzz previously mentioned, the fix is only temporary, and Congress will have to revisit the issue in December 2021 or January 2022.
- On October 11, 2021, Speaker Nancy Pelosi (D-CA) issued a “dear colleague” letter outlining the path forward for the Build Back Better Act (the “human infrastructure bill” that the Democrats are pursuing through the budget reconciliation process). Looking to trim the overall costs of the bill in order to achieve buy-in from all Democrats, Speaker Pelosi states in the letter, “Overwhelmingly, the guidance I am receiving from Members is to do fewer things well so that we can still have a transformative impact on families in the workplace and responsibly address the climate crisis.” What remains in the bill and what ends up on the cutting-room floor remains to be seen.
OSHA COVID-19 ETS Coming. The Occupational Safety and Health Administration (OSHA) sent the much-anticipated COVID-19 vaccination emergency temporary standard (ETS) to the Office of Information and Regulatory Affairs (OIRA) this week. With OIRA review being the last major step in the regulatory process, the ETS will likely be issued imminently. Even at this late stage, the substance of the ETS is not public. As a reminder, the ETS—which will be effective immediately upon publication in the Federal Register and will not be a proposed rule—is expected to require employers with 100 or more employees to have their employees vaccinated or submit to weekly testing.
Texas Showdown. Of course, the feds aren’t the only regulators making policies with respect to vaccines in the workplace. Tiffany Cox Stacy and Christine Bestor Townsend have an excellent breakdown of Texas Governor Greg Abbott’s recent prohibition on mandatory COVID-19 vaccination requirements. The feds’ going one way on vaccination requirements and Texas lawmakers’ going the other way has obviously created confusion for many employers and raised questions that will likely end up in the courts. The Buzz suspects that we will be hearing a lot about the United States Constitution’s supremacy clause in the coming months.
DHS Issues Memo on Worksite Raids … and More? On October 12, 2021, Secretary of Homeland Security Alejandro Mayorkas issued a memorandum entitled “Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual.” The memo directs the leaders of U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP), to “no longer conduct mass worksite operations” and instead “maximize the impact of … [enforcement] efforts by focusing on unscrupulous employers who exploit the vulnerability of undocumented workers.” Part of the strategy includes potential relief from deportation to “[i]ncrease the willingness of workers to report violations of law by exploitative employers and cooperate in employment and labor standards investigations.”
While the memo focuses on immigration-related worksite enforcement operations, reading between the lines perhaps signals a broader, more aggressive agency enforcement model that transcends the U.S. Department of Homeland Security. Indeed, the memo states, “[W]e must adopt immigration enforcement policies to facilitate the important work of the Department of Labor and other government agencies to enforce wage protections, workplace safety, labor rights, and other laws and standards.”
EBSA Proposes ESG Rule. The U.S. Department of Labor continues its efforts to reverse Trump-era policies. This week, the Employee Benefits Security Administration (EBSA) proposed rolling back regulations that require private-sector employee benefit plan fiduciaries to solely consider “‘pecuniary factors’” when making investments. Instead, the proposed rule “makes clear that climate change and other ESG [environmental, social, or governance] factors are often material and that in many instances fiduciaries to [sic] should consider climate change and other ESG factors in the assessment of investment risks and returns.” Stakeholder comments are due on or before December 13, 2021.
Congress and Influenza. COVID-19 is not, of course, the first public health crisis Congress has had to deal with. When the 1918 influenza pandemic struck, Washington, D.C., was hit hard. Just as the current Congress has adapted its rules and protocols to ensure legislators’ safety against COVID-19, the House of Representatives in 1918 took similar precautions against influenza. With many members, including Speaker James “Champ” Clark (D-MO) and Majority Leader Claude Kitchin (D-NC) absent because of illness, the House shuttered its doors and essentially stopped operating in the early part of October 1918. But with the need to take action to address the pandemic, the House met in mid-October to pass legislation to bolster the U.S. Public Health Service’s (PHS) efforts to combat the virus. However, with so many members ravaged by influenza (there were fewer than 50 members in attendance), the House did not have a quorum to pass the legislation. The problem was resolved on October 15, 1918—103 years ago today—when the few members present came to an agreement to pass a bill by unanimous consent. The resulting “Joint Resolution to Establish a Reserve of the Public Health Service,” which created a reserve corps of the PHS, represents an early attempt to address public health emergencies on a national scale.
Rulemakings and Regulatory News
The Pipeline and Hazardous Materials Safety Administration (PHMSA) is responsible for rulemakings, letters of interpretation and controlled correspondence, petitions for rulemaking, National Transportation Safety Board (NTSB) recommendations, administrative appeals, paperwork reduction initiatives, international position papers, and agenda items for hazardous materials transportation safety.
PHMSA Safety Advisory Notice: Roadway Striping and Use of Non-DOT Specification Cargo Tanks
On August 12, 2021, PHMSA published a safety advisory notice concerning roadway striping and the use of non-DOT specification cargo tanks, per 49 CFR § 173.5a(c). The notice was developed after recent inspections detected a trend of non-compliance with testing of non-DOT specification cargo tanks. Roadway striping stakeholders appear to be unaware of the requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for the use of non-DOT specification cargo tanks and other requirements (e.g., training, shipping papers). PHMSA will be initiating additional outreach efforts to reach stakeholder audiences that may not normally consult the HMR. Planned outreach includes webinars and communication with roadway striping industry associations.
For more information, visit: https://www.phmsa.dot.gov/news/phmsa-safety-advisory-notice-roadway-striping-and-use-non-dot-specification-cargo-tanks.
Notice of Proposed Rulemaking HM-215P – Harmonization with International Standards NPRM
On August 10, 2021, PHMSA published a notice of proposed rulemaking (NPRM), HM-215P “Hazardous Materials: Harmonization with International Standards,” to the Federal Register. This NPRM proposes amendments to the HMR to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. The comment period for this NPRM ends on October 12, 2021.
The NPRM can be viewed here: https://www.federalregister.gov/documents/2021/08/10/2021-15425/hazardous-materials-harmonization-with-international-standards
Final Rule HM-215K: ORM-D Phase-out
After December 31, 2020, hazmat shippers can no longer use the ORM-D Consumer Commodity marking on packages containing limited quantities of low risk hazardous materials. Final Rule (FR) HM-215K revised the HMR to align with international standards and specified the phase-out of the marking for limited quantity materials reclassed as “other regulated material” (ORM-D). Packages must be marked with the Limited Quantity marking as prescribed in § 172.315 of the HMR.
For more information, visit: https://www.phmsa.dot.gov/training/hazmat/orm-d-phase-out.
Workshops, Webinars, and Events
PHMSA offers hazardous materials transportation training workshops and webinars. These free training opportunities are for anyone who offers or transports hazardous materials in commerce or has a desire to learn more about the HMR.
For more information, visit: https://www.phmsa.dot.gov/hazmat/seminars/webinars.
Office of Hazardous Materials Safety 2021 Research, Development & Technology Forum
The Office of Hazardous Material Safety (OHMS) Research, Development & Technology (RD&T) Branch will be hosting the 2021 RD&T Forum from October 12th to the 15th. The forum will focus on outreach and engagement with stakeholders, particularly in the hazardous materials industry and research community. Topics include program overviews, risk analysis, energy products, and packaging. The goal is to showcase the RD&T program initiatives, as well as the current priorities of the research program, and to provide attendees an opportunity to interact with PHMSA’s top leaders and subject matter experts. Additionally, this is an opportunity to receive feedback from stakeholders on research gaps and needs that RD&T can use to craft project funding priorities.
For more information, visit https://www.federalregister.gov/documents/2021/09/23/2021-20599/hazardous-materials-public-meeting-notice-for-the-research-development-and-technology-forum.
If you are interested in attending the event, please fill out the registration form here: https://forms.office.com/pages/responsepage.aspx?id=WyTNxPBElUOhqjhI0lj3i42Qs1CodOdEpKD7cpFYhKRUNE9LRTlWVkI3QjlFSkhIUVFZNVFNWEpUSi4u.
Publications News
PHMSA develops compliance assistance materials that make it easier to understand and comply with the HMR. All publications below are available at: https://www.phmsa.dot.gov/training/hazmat/publications.
DOT Chart 17
The DOT Chart for hazardous material placard, label, and marking specifications has been updated to the newest version, “Chart 17,” and is now available on PHMSA’s website.
Physical copies of the Chart 17 Poster can be ordered inside the PHMSA Portal system at: https://portal.phmsa.dot.gov/PHMSAPortal2/.
Registration Process
The 2021 Registration Process Information brochure is now available online. This publication discusses PHMSA’s Hazmat Registration program and explains who must register, when and how to register, registration costs, and other important information. Click here to see the full brochure.
How to Use the HMR
The HMR are issued by PHMSA and govern the transportation of hazmat in all modes of transportation—air, highway, rail, and water. The HMR are divided into four general areas: operational rules: hazmat identification and classification, hazard communication, packaging requirements. The HMR must be used to determine the requirements for shipping hazmat and should be treated as a technical or reference book. Our “How to Use the HMR” book will help you comply with those requirements. Click here to see the full booklet.
7 Useful Tips (English/Spanish)
This poster will help you ship hazardous materials safely in commerce by providing guidance for classifying materials, training employees, registering, selecting approved packaging, marking and labeling packages, verifying highway transport and placarding requirements, and preparing shipping papers. Click here to see the full poster.
Updates to the Federal Hazardous Materials Law Regulations September 2021
The Federal Hazardous Materials Transportation law (Federal Hazmat law), 49 U.S.C. § 5101 et seq., is the basic statute regulating hazardous materials transportation in the United States. Click to view Federal Hazardous Materials Transportation Law: An Overview.
Lithium Battery Guide
This newly developed publication is designed to assist shippers of all technical backgrounds and experience levels to understand and comply with the HMR requirements for shipping lithium cells and batteries. The publication simplifies the complex and varied requirements into scenario-based shipping guides based on battery type, size, and chemistry. Keep an eye out for an upcoming webinar introducing the guide and its use coming later in 2021! Click to view the publication here.
Hazmat Transportation Training Modules
OHMS has developed a free online training module program for hazmat employees and employers to meet the requirements for general awareness/familiarization training and security awareness training, both of which are required by the HMR. New features and interactivity have been added in 2021. Click here to visit the training website to register.
Vendor Alert: 884 – How much of this business did you get?
IHMM has seen a 100% jump in applications and examinations over 2019, and for the first 8 months of 2021, we stand at 884. 244 new certificants and 640 more awaiting examinations. How much of this business did your company see?
If you’re missing out contact Diane McLevy at [email protected] and see how you can benefit from a relationship with IHMM and HMS.
IHMM-HMS EVENTS CALENDAR
IHMM has a companion organization for which education and training programs are presented and delivered. The Hazardous Materials Society is IHMM’s Professional Association and HMS’ education and training website can be found here.
IHMM AFFILIATIONS
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Rockville, Maryland, 20850
www.ihmm.org | [email protected]
Phone: 301-984-8969 | Fax: 301-984-1516