Environmental, Health and Safety Compliance Newsletter
January 25 , 2008
MACTEC's Environmental, Health and Safety Compliance Newsletter is a bi-weekly newsletter highlighting regulatory updates and the latest legal and technical news for Environmental and Occupational Safety and Health professionals. This newsletter is also available for printing and downloading here. (90KB PDF)
In this issue
The $500 billion omnibus spending bill signed into law by President George W. Bush last month includes a provision requiring EPA to establish a mandatory greenhouse gas (GHG) reporting program. The law directs the EPA to publish a draft GHG reporting regulations within 9 months and final regulations within 18 months, which would be June 2009. The law, which could cover all U.S. industries, does not appear to pre-empt state GHG reporting standards that are being adopted by many states. EPA will have discretion in determining program source categories, reporting thresholds, and frequencies.
HR 2764 (Public Law No. 110-161) provides in pertinent part that, “Of the funds provided in the Environmental Programs and Management account, not less than $3,500,000 shall be provided for activities to develop and publish a draft rule not later than 9 months after the date of enactment of this Act, and a final rule not later than 18 months after the date of enactment of this Act, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States.”
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EPA Reports on Clean Water Infrastructure Needs
A new report from the EPA estimates $202.5 billion is the nationwide capital investment needed to control wastewater pollution for up to a 20-year period. Delivered to Congress this week, the 2004 Clean Watersheds Needs Survey summarizes the results of the agency's 14th national survey on the needs of publicly owned wastewater treatment works. The estimate includes $134.4 billion for wastewater treatment and collection systems, $54.8 billion for combined sewer overflow corrections, and $9.0 billion for stormwater management.
"Water infrastructure is a lifeline for health and prosperity in communities across America," said Assistant Administrator for Water Benjamin H. Grumbles. "EPA is working with our partners to promote sustainable solutions and help utilities and households save money, water and energy."
Communities across the country face challenges in sustaining their water infrastructure. EPA is working with states, tribes, utilities, and other partners to reduce the demand on infrastructure through improved asset management, improved technology, water efficiency, and watershed-based decision making, and is working with Congress to enact the Administration's Water Enterprise Bond proposal.
The report provides information to help the nation make informed decisions about pollution control needs necessary to meet the environmental and human health objectives of the Clean Water Act. The figures represent documented wastewater investment needs, but do not account for expected investment and revenues. Wastewater treatment utilities pay for infrastructure using revenue from rates charged to customers and may finance large projects using loans or bonds. State and federal funding programs, such as EPA's Clean Water State Revolving Fund program, are also available to help communities meet their wastewater pollution control needs. The needs in this survey represent a $16.1 billion (8.6%) increase (in constant 2004 dollars) over the 2000 report. The increase in overall national needs is due to a combination of population growth, more protective water quality standards, and aging infrastructure.
More information on the needs survey: http://www.epa.gov/cwns/.
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Federal law requires certain facilities that manufacture, process, or use any of 581 toxic chemicals to report annually to the EPA and their state on the amount of those chemicals released into the air, water, or soil. It also requires EPA to make this information available to the public electronically through the Toxics Release Inventory (TRI) database.
Facilities must either (1) submit a detailed TRI Form R for each designated chemical that they use in excess of certain thresholds or (2) file a simpler Form A certifying that they do not need to do so. To reduce companies' burden, EPA issued a rule in December 2006 intended to expand Form A eligibility for certain facilities and chemicals. The Government Accountability Office (GAO) was asked to analyze:
How EPA and others use TRI data
- Whether EPA followed internal guidelines in developing its rule
- The rule's impact on information available to the public
- The extent of burden reduction that is likely to result from EPA's changes
TRI data are used widely by nearly all EPA program offices in carrying out their missions and by other federal agencies, the states, and the public at large. The Internal Revenue Service, for example, uses the data to identify companies that release chlorofluorocarbons (chemicals that deplete the earth's ozone layer) to enforce a tax to help phase out their use. States use TRI data, among other things, to design pollution prevention initiatives, to calculate fees on emitting facilities, and to assist in emergency planning. Key users among the public include researchers, who use TRI data to assess environmental policies and strategies for pollution reduction, and individual citizens and local advocacy groups, who use it to learn about the type and quantity of toxic chemicals released in their communities.
According to a recent GAO report (http://www.gao.gov/new.items/d08128.pdf), EPA did not follow key steps in agency guidelines designed to ensure that it conducts appropriate scientific, economic, and policy analyses and receives adequate input from relevant program offices before finalizing a major rule. This occurred, in part, because EPA expedited the rule-making process in an effort to meet a commitment to the Office of Management & Budget (OMB) to provide burden reduction by the end of 2006. The schedule did not allow it to meet the guideline's provisions to complete economic analyses; evaluate the costs and benefits of the changes; or seek adequate input from EPA program offices that rely heavily on TRI data.
For example, although EPA held a Final Agency Review for program offices to state their position on the proposed rule, the review package did not include the burden reduction option and supporting analysis, which was proposed and adopted. GAO concluded that, while EPA estimated that its rule would affect reporting on less than 1% of the total release pounds nationwide, this aggregate national estimate masked the disproportionately large impact the rule would have on individual communities across the country.
GAO's analysis indicated that EPA would allow more than 3,500 facilities to no longer report detailed information about their toxic chemical releases and waste management practices. As a result, more than 22,000 of the nearly 90,000 TRI reports could no longer be available to hundreds of communities in states throughout the country. In addition, many commenters, including the attorneys general of 12 states and EPA's Science Advisory Board, stated that the changes will significantly reduce the amount of useful TRI information. EPA's estimated savings from the reduced reporting burden associated with the TRI rule—3 % of total annual burden hours, worth about $6 million annually—are likely overstated. EPA's projected savings are based on OMB-approved estimates of burden hours associated with completing Form R and Form A, but these estimates are based on outdated data. EPA's more recent engineering estimates—developed from a systematic examination of the amount of time needed to collect and report the data on Form R and Form A—suggest a lower overall burden associated with current TRI reporting and, consequently, 25% lower burden savings from the new rule.
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NIOSH Draft Offers Interim Guidance on Medical Screening of Workers Potentially Exposed to Engineered Nanoparticles
NIOSH is seeking public review and comment on a draft document of interim guidance concerning the medical screening of workers potentially exposed to engineered nanoparticles in the manufacture and industrial use of nanoparticles. The document is posted on the NIOSH Web page, http://www.cdc.gov/niosh/review/public/115/, along with details on how to submit comments to the NIOSH Docket. The guidance was developed to generate discussion, fill current knowledge gaps and provide interim recommendations until further scientific information becomes available.
Deadline for public comment is February 15, 2008.
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Ozone Can Affect Heavier People More
Researchers at the National Institute of Environmental Health Sciences, along with scientists from University of North Carolina at Chapel Hill and the U.S. Environmental Protection Agency analyzed previously-collected data on young, healthy, non-smoking men and women to see if they could answer that question. Their study provided the first evidence that people with a higher body mass index may have a greater response to ozone than leaner people.
A new study provides the first evidence that people with higher body mass index (BMI) may have a greater response to ozone than leaner people. Short-term exposure to atmospheric ozone has long been known to cause a temporary drop in lung function in many people. This is the first study in humans to look at whether body weight influenced how much lung function falls after acute ozone exposure. Ozone is formed in the atmosphere in the presence of sunlight from other pollutants emitted from vehicles and other sources. Exposure occurs when people inhale air containing ozone.
Researchers at the National Institute of Environmental Health Sciences (NIEHS), part of the National Institutes of Health, the University of North Carolina (UNC) at Chapel Hill, and the U.S. Environmental Protection Agency (EPA) analyzed data on young (18–35 years), healthy, non-smoking men and women to see if BMI - a measure of the amount of fat a person has - had an effect on lung response to acute ozone exposure. The study published this month in the journal Inhalation Toxicology found that ozone response was greater with increasing BMI.
"It has been known for a long time that in response to short-term exposure to ozone lung function tends to temporarily drop in many people. There has recently been interest in why some people's lung function drops more than others - - age and perhaps genetics, as well as diet may play a role, " said NIEHS researcher and co-author Stephanie London, M.D. "We were intrigued by recent mouse studies that showed that obesity increases lung responses to ozone and wanted to see whether this applied in humans."
To examine the question of whether higher body mass index influences ozone responses in humans, the investigators took advantage of an earlier study led by Milan J. Hazucha and colleagues at the Center for Environmental Medicine, Asthma and Lung Biology /UNC and the USEPA Human Studies Facility in Chapel Hill, N.C. From this study, BMI was determined in 197 subjects who had been exposed to ozone for 90 minutes, during which they alternated 20 minutes of exercise with 10 minutes of rest. The subject' lung capacity and function were tested immediately before and after the exposure period using spirometry, a basic lung function test that measures the speed and volume of how fast and how much air is breathed out of the lungs.
In general, the higher the BMI, the greater the ozone response, providing one more reason why maintaining a healthy body weight is important to your health. When subjects were put into categories of body fatness defined by the US Centers for Disease Control based on their BMI, the ozone-related drops in lung function, particularly the forced expiratory volume in one second (FEV1), were lowest in underweight people (BMI less than 18.5), greater in normal weight people (BMI 18.5 to 25) and greatest in overweight individuals (BMI above 25). BMI is a measure of fatness based on an individual's height and weight.
"It's notable that these results came out of a study that was done in a population of predominantly normal weight individuals," said London. "This suggests that these effects may be even more important in the general population where there are large proportions of overweight and obese individuals." An estimated two-thirds of U.S. adults are overweight or obese, with a BMI greater than 25, according to CDC.
The physiologic mechanisms responsible for the decline in lung function after ozone exposure with increasing BMI are not clear, although the authors suggest that perhaps circulatory hormones and other inflammatory factors may play a role. These factors have been shown to affect airway hyper-responsiveness and inflammation in animal models.
The authors note too that the study was limited in the small number of obese individuals (the subjects had not been selected with a study of BMI in mind) and by having only one measure of a person's body fat. Future studies of the effects of obesity on ozone response, they say, should include a targeted pool of obese and lower weight subjects, as well as measures of central adiposity such as waist circumference, given that fat deposited centrally may have a greater influence on an individual's respiratory response to ozone.
The study was supported by U.S. EPA Cooperative Agreement CR824915 and CR829522 and in part by the Division of Intramural Research, NIEHS, NIH, HHS.
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OSHA Extends the Comment Period for the Confined Spaces in Construction NPRM
The Department of Labor's Occupational Safety and Health Administration (OSHA) announced recently in the Federal Register that they have extended the public comment period for 30 days on the Agency's Confined Spaces in Construction Notice of Proposed Rulemaking. The Notice was originally published in the November 28, 2007, Federal Register (72 FR 67351).
The proposed rule addresses issues specific to the construction industry. It uses a step-by-step approach to confined space safety by explaining how to assess the hazards, classify the space, and implement effective procedures to protect employees. The rule would also require controlling contractors to coordinate confined space operations among a site's multiple employers.
Public comments must be submitted no later than February 28, 2008, and may be sent by regular mail, express mail, hand delivery, messenger, or by courier service. Comments should be sent to the OSHA Docket Office, Docket No. OSHA -2007-0026, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW, Washington, DC 20210. Comments are accepted electronically at http://www.regulations.gov. Comments may be submitted via FAX to 202-693-1648.
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Notice of Proposed Rulemaking Published for New Respirator Fit-Testing Protocol
OSHA published a Notice of Proposed Rulemaking for a new respirator fit-testing protocol—the Abbreviated Bitrex® Qualitative Fit-Testing (ABQLFT) protocol. The proposed rule would add the ABQLFT protocol as an alternative to the current OSHA-approved qualitative fit-test procedures. The ABQLFT protocol for the seven exercises listed in the existing OSHA-approved Bitrex fit-test procedure in the Respiratory Protection standard would shorten the duration of each of the seven fit-test exercises from one minute to 15 seconds. The proposed rule would apply to employers in shipyard employment, and the general and construction industries. Comments are being accepted until Feb. 25, 2008. The proposed rule is available online at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=20236.
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American Society of Safety Engineers Urge OSHA Rule Be Withdrawn
In a letter sent January 14, 2008, American Society of Safety Engineers' (ASSE) President Michael J. Thompson, CSP, urged Assistant Secretary of Labor Edwin G. Foulke, Jr., to withdraw the Direct Final Rule "Updating OSHA Consensus Standards Based on National Consensus Standards" published December 14, 2007 (72 FR 71061).
"The proposed amendments to Occupational Safety and Health Administration (OSHA) standards in this rulemaking go beyond the stated purpose of simply removing 'references to outdated consensus standards that have requirements that duplicate, or are comparable to, the requirements specified by other OSHA rules',” Thompson said. "The proposed amendments are inappropriate and, if adopted, would significantly impact the relevant standards’ effectiveness in protecting workers from occupational risks."
Thompson noted that in this direct final rule a proposal to get rid of obsolete or difficult to obtain consensus standards where other standards adequately protect workers would, at first glance, appear to make sense and be consistent with the mandate to use technical standards as a means to carry out OSHA’s policy objectives.
"However, this direct final rule fails to meet the mandate of Public Law 104-113 to “use technical standards that are developed or adopted by voluntary consensus standards bodies” because OSHA has failed to go one necessary step further by referencing the most current voluntary national consensus standards that are available from those bodies," Thompson said.
The work needed to comply fully with Public Law 104-113 is only partly done, he noted, and can be completed by withdrawing this direct final rule.
Thompson said ASSE has long advocated the use of occupational safety and health consensus standards by federal agencies like OSHA, as stated in its "Position Statement on the Role of Consensus Standards in Occupational Safety and Health." Thompson also said other governmental agencies should be encouraged to utilize these consensus standards – in accordance with "The National Technology Transfer and Advancement Act of 1995," and the Office of Management and Budget's “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities" – as they provide an efficient alternative to traditional public sector rule making.
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Americans’ Pessimistic View of Accident Prevention Poses Hurdle to Reducing Injuries
Nearly one in every three Americans believes nothing can be done to prevent accidental injuries, posing a major obstacle to national efforts to reverse escalating injury trends in the United States, according to a national survey of American attitudes on safety issues released recently by the National Safety Council at its annual safety and health meeting here.
This finding comes on the heels of an NSC injury report in June showing that accidental deaths and injuries are climbing and at current rates could hit an all-time high in the next few years if public action isn’t taken to reverse the trend.
Despite this pessimistic view on prevention, 58 percent of Americans believe accidental injuries are a serious public health concern, and 46 percent ranked accidental injuries as the greatest risk to their health and well-being, as opposed to less than 25 percent who ranked violent crime as the greatest risk.
“We’re encouraged that Americans recognize accidental injuries as a major concern in their everyday lives,” said NSC President and CEO Alan C. McMillan. “However, this survey clearly shows that we have our work cut out for us in educating Americans about how to prevent injuries from ever occurring.”
For example, NSC data shows that poisoning – particularly from overdoses of prescription and illicit drugs – is now the fastest-rising cause of accidental death, with major increases among working age adults.
Once a leading cause of death among children, today the death rate from poisoning for children under 6 years of age is just 0.4 per 100,000. Yet, survey results show that most people (81 percent) believe children are at greatest risk for poisoning, while less than 4 percent said adults.
When asked to rank potential causes of poisoning, 53 percent said household chemicals were most commonly associated with fatal poisoning while 34 percent pointed to drugs and medicine.
“It’s clear people don’t understand what is really happening in their homes and communities, which detracts from efforts to reduce injuries including deaths from poisonings,” said McMillan. “The fact is, we can control the risks of accidental deaths through education, and where we have buy-in from individuals, organizations, businesses and communities, the rate of accidental injuries decreases.”
The survey also indicates that the nation is receptive to safety advocacy efforts. A majority of the respondents believe they can act to prevent accidents, and three-quarters (76 percent) say their companies are concerned about injury prevention at work. This focus on occupational safety is reflected in a 17 percent decline in the workplace accidental death rate since 1992.
Respondents also expressed confidence in their employers’ ability to deal with emergency situations in the workplace. Sixty-one percent of respondents believe their employer is prepared to deal with emergency situations, compared with their family, at 57 percent, and their community, at 50 percent.
“These are positive developments that reinforce the Council’s commitment to work with employers to safeguard employees and their families where they are at greatest risk – in their homes and communities,” McMillan said.
Asked what precautions they have taken in their homes to prepare for an emergency, 84 percent of respondents said they have one or more smoke detectors, 63 percent have one or more first aid kits, and 46 percent have looked for and corrected hazardous areas or situations around the house.
One disturbing trend is that only 25 percent have taken a first aid/CPR/AED class in the last two years despite that fact the heart disease is the leading cause of death in the nation and 75-80 percent of cardiac arrests occur in homes.
Automobile accidents continue to be the leading cause of accidental deaths, although rates have declined in recent years as the NSC and other organizations have promoted seat belts, safety features and safe driving practices. Respondents to the poll overwhelmingly (89 percent) recognized that talking on a cell phone while driving is a dangerous distraction and 42 percent said they never do it.
When asked which of the following areas poses the greatest risk to their overall health and wellbeing, respondents rated accidental injuries (46 percent) higher than violent crime (25 percent), epidemics (11 percent), natural disasters and a terrorist attack (both 9 percent).
“We know safety works,” said McMillan, a former deputy assistant secretary of OSHA. “The greatest challenge we face is in reaching the public with information about their risks of unintentional injury and death and what they need to do to minimize those risks. We need to take the same energy and focus committed to workplace and transportation safety and apply it to where we now see the greatest need, and that is in our homes and communities.”
The survey of 1,614 randomly selected adults was conducted by InfoSurv Market Research Aug.7-14, 2007.
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RECENTLY PROMULGATED FEDERAL REGULATIONS
Toxic Substances
Air
Rule Clarification on CAA New Source Review Program
EPA has issued a final rule to clarify when industrial facilities making changes to equipment or processes may need to retain records documenting their emissions even if the changes do not trigger Clean Air Act New Source Review (NSR) permitting requirements. The rule clarifies when facilities must keep records and report emissions when a "reasonable possibility" test shows that projected emissions increases could equal or exceed 50 percent of the Clean Air Act's NSR significant levels for any pollutant. This rule does not change permitting requirements. The "reasonable possibility" test examines the difference between a project's baseline emissions and the sum of emissions projected to result from the project and emissions attributable to independent factors such as growth in market demand. Find the new rule and a fact sheet at http://www.epa.gov/nsr/actions.html.
Healthcare: EPA Clarifies Hazardous Waste Listing for Epinephrine (PO42)
EPA has clarified the hazardous waste listing for the commercial chemical product epinephrine (Hazardous Waste Code P042) under the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. This clarification is in response to recent inquiries from EPA regions, states, and the regulated community specifically regarding whether this listing includes epinephrine salts.
EPA has determined that the scope of the P042 listing does not include epinephrine salts. EPA also states that the regulatory clarification presented in this memorandum applies to the federal hazardous waste program. Most state regulatory agencies are authorized to implement the hazardous waste program in lieu of the federal program and some states may regulate epinephrine salts more stringently than the federal regulations.
Regulated entities should also contact their state regulatory agencies to ascertain the scope of the P042 listing in their state. Find the memo at http://www.epa.gov/region1/healthcare/pdfs/EpiMemo_Final.pdf.
To locate a state contact, see the HERC Hazardous Waste State Resources Locator at http://www.hercenter.org/hz.cfm.
New EPA Rule for Steel Manufacturing Regarding Motor Vehicle Scrap Metal
EPA issued new air emissions standards that requires steel manufacturers using electric arc furnaces to buy motor vehicle scrap from providers that participate in an EPA-approved program for the removal of mercury-containing switches. These switches were used for lighting in hoods and trunks and in some anti-lock braking systems of many vehicles manufactured prior to 2003. The standards are expected to reduce emissions of mercury and other toxic metals such as lead, manganese, nickel and chromium. See http://www.epa.gov/ttn/oarpg/t3/fact_sheets/eaf_fs_121707.html. Note to motor vehicle recyclers: Many states also require removal of mercury switches; check with your state environmental agency.
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RECENTLY PROMULGATED STATE REGULATIONS
Hazardous Materials/Waste
California - Unified Hazardous Waste and Hazardous Materials Management
Final rule of the California EPA amends regulations under 27 CCR 15290 and 15400.1 and 27 CCR, Division 1, Subdivision 1, Chapters 1 through 6, to reorganize and clarify forms under the Unified Hazardous Waste and Hazardous Materials Management Regulation Program (Unified Program). The rule also revises data elements of the supporting data dictionary for regulated activities, reports, and forms and deletes unnecessary provisions. The rule is effective Jan. 17, 2008. Contact: Loretta Sylve; Cal-EPA; (916-327-9558).
Virginia - Hazardous Waste Management
Final rule of the Department of Environmental Quality, Waste Management Board, amends regulations under 9 VAC 20-60-18 to update the incorporation by reference of EPA standards under Title 40 of the Code of Federal Regulations to July 1, 2007. The rule is effective Feb. 6, 2008. Contact: Robert Wickline; DEQ; (804-698-4213). Alabama - Universal Waste Management Proposed rule of the Department of Environmental Management would amend regulations under AAC 335-14-11-.01 regarding universal waste management. The proposal would incorporate changes to comply with federal and state requirements, add certain state-specific requirements, and clarify hazardous waste management standards. A hearing is scheduled for Feb. 6, 2008, in Montgomery. Comments are due Feb. 7, 2008. Contact: James Bryant; DEM, Land Division; (334-271-7771).
Alabama - Management of Specific Hazardous Wastes
Proposed rule of the Department of Environmental Management would amend regulations under AAC 335-14-7-.06 regarding the management of specific hazardous wastes and specific hazardous waste management facilities. The proposal would incorporate changes to comply with federal and state requirements, add certain state-specific requirements, and clarify hazardous waste management standards. A hearing is scheduled for Feb. 6, 2008, in Montgomery. Comments are due Feb. 7, 2008. Contact: James Bryant; DEM, Land Division; (334-271-7771).
Alabama - Hazardous Waste Generators
Proposed rule of the Department of Environmental Management would amend regulations under AAC 335-14-3-.03 and -.04 regarding standards applicable to generators of hazardous waste. The proposal would incorporate changes to comply with federal and state requirements, add certain state-specific requirements, and clarify hazardous waste management standards. A hearing is scheduled for Feb. 6, 2008, in Montgomery. Comments are due Feb. 7, 2008. Contact: James Bryant; DEM, Land Division; (334-271-7771).
Alabama - Identification and Listing of Hazardous Waste
Proposed rule of the Department of Environmental Management would amend regulations under AAC 335-14-2-.01, -.03, -.04, and -.05 and Appendices VIII and IX regarding the identification and listing of hazardous waste. The proposal incorporate changes to comply with federal and state requirements, add certain state-specific requirements, and clarify hazardous waste management standards. A hearing is scheduled for Feb. 6, 2008, in Montgomery. Comments are due Feb. 7, 2008. Contact: James Bryant; DEM, Land Division; (334-271-7771).
Illinois - Hazardous Materials Transportation
Notice of the Department of Transportation announces the issuance of a regulatory agenda that lists anticipated amendments to regulations under 92 IAC 107 through 180 to incorporate by reference federal hazardous materials transportation standards. Contact: Christine Caronna-Beard; DOT, Office of Chief Counsel; (217-524-3838).
Air
Alabama - General Provisions/Definitions
Final rule of the Department of Environmental Management, Air Division, amends regulations under AAC 335-3-1-.02 regarding definitions. The rule revises the definition of ''volatile organic compounds'' to be consistent with EPA regulations. The rule is effective Jan. 22, 2008. Contact: Chris Howard; DEM, Air Division; (334-271-7878).
Solid Waste
Maryland - Special Medical Wastes
Proposed rule of the Department of the Environment would amend regulations under COMAR 26.13.11.02, 12.05, and 13.03 regarding standards for and transportation of special medical waste. The proposal would revise the definition of ''special medical waste'' to make it consistent with the state Department of Health and Mental Hygiene and federal hazardous materials transportation standards. The proposal also would revise the standards on packaging and transportation of special medical waste to incorporate federal hazardous materials transportation standards. A hearing is scheduled for Feb. 4, 2008, in Baltimore. Comments are due Feb. 19, 2008. Contact: Gail Castleman; MDE; (410-537-3310).
Occupational Health and Safety
Vermont - VOSHA Safety and Health Standards for General Industry
Proposed rule of the Department of Labor, Vermont Occupational Safety and Health Administration (VOSHA), would amend regulations to incorporate federal OSHA standards for general industry under 29 CFR 1910. The proposal would revise the electrical installation standard and related definitions to reflect current industry practice and technology and updated standards of the National Fire Protection Association and National Electrical Code. Comments are due Jan. 15, 2008. Contact: Robert McLeod; DLI; (802-828-5084).
Indiana - Health and Safety Standards
Notice of the Occupational Safety Standards Commission announces the readoption without changes of regulations under 620 IAC 1-3 regarding health and safety standards. The rule addresses procedures concerning permanent and temporary variances. The rule is effective Dec. 28, 2007, and expires Jan. 1, 2015. Contact: Rick Ruble; Department of Labor; (317-233-8744).
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Web Sightings
Stormwater Pollution Prevention Plan (SWPPP) Guidance for Construction Operators
EPA’s Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites, is an easy-to-read reference for construction site operators who require a National Pollutant Discharge Elimination System (NPDES) permit for their stormwater discharges. The guide explains the basic principles of developing and maintaining an effective stormwater pollution prevention plan (SWPPP) and can be used at most construction sites in any state, territory, or in Indian country. A customizable SWPPP Template, an Inspection Template, two "model or example" SWPPPs, and other stormwater resources are also available. See www.epa.gov/npdes/swpppguide and the Construction Center at http://www.cicacenter.org/swppp.html. Printed copies of the guide are available from EPA's National Service Center for Environmental Publications, 1-800-490-9198, nscep@bps-lmit.com (document number EPA-833-R-06-004).
"Recycle Your Cell Phone. It's An Easy Call"
EPA's Office of Solid Waste has started a partnership with retailers to encourage recycling of old cell phones. Recycling a cell phone keeps hazardous materials out of the waste stream and saves resources. See http://www.epa.gov/cellphone/ to find out where to recycle your old cell phone.
New OSHA Publication Focuses on Security Personnel
Security personnel (i.e., guards) stand to benefit from a new publication by OSHA entitled Preparing and Protecting Security Personnel in Emergencies. This publication addresses emergencies involving hazardous substance releases and provides guidance for employers and their security personnel, who may be involved in the emergency response. Available online at http://www.osha.gov/Publications/3335-security-personnel.pdf.
Interested in Construction Safety and Health?
NIOSH announces the inaugural issue of the “National Occupational Research Agenda Construction Sector E-Newsletter.” This newsletter will cover news and activities of the Construction Sector Council and other new research and events of interest to our construction stakeholders. You can view the inaugural issue at http://www.cdc.gov/niosh/news/nora/construction/NORAconstNewsV1N1.html. Sign-up for future issues via the Web page, http://www.cdc.gov/niosh/news/nora/construction/.
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Ask an Expert
Sarah-Jane O’Brien, EHS Compliance/Risk Management, MACTEC’s Jacksonville, Florida Office
What is the required frequency of forklift inspections?
According to 29 CFR 1910.178(q)(7), OSHA requires that industrial trucks, including forklifts, be examined before being placed in service. The standard indicates that the inspection should be conducted at least daily. Where industrial trucks are used on a round-the-clock basis, they shall be examined after each shift. Defects or any condition adversely affecting the safety of the vehicle, when found, must be immediately reported and corrected.
In letters of interpretation published in 2000, OSHA indicated that examinations do not have to be in writing and do not have to be documented. However, documenting the inspection is a best management practice that we highly recommend.
For compliance assistance, contact Sarah-Jane at SROBrien@mactec.com, or contact your local MACTEC office.
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