Current News

The Pipeline and Hazardous Material Security Administration has issued a notice regarding IATA and IACO's Jan. 1, 2017 changes to Lithium Battery markings. This notice address enforcement until PHMSA decides if it will adopt the IATA/IACO markings.

[Read the Notice]

DEEP has passed a new regulation adopting the EPA's 2013 Solvent-Contaminated Wipes Rule. This rule provides an exemption from hazardous waste requirements for certain solvent-contaminated wipes that meet specified management requirements. In particular, qualifying wipes may be: (1) laundered at certain laundry facilities; or (2) disposed of at certain in-state combustion facilities or at out-of-state combustion or landfill facilities meeting the requirements of the receiving state. [ more ]

One of the most common ways to measure the dangerousness of an occupation is by the total number of fatalities in a year. Going by that metric, truck drivers and material moving occupations are at the top of the list, with 1,388 fatal injuries in 2016, according to recent data compiled by the Bureau of Labor Statistics. In fact, that number is up 7% over the previous year, the highest it's been since 2007, and all told fatalities among drivers accounts for more than one-quarter of all work-related fatalities in the U.S. Little surprise, then, how much attention is being given to the development of autonomous vehicles and intelligent highway projects. [ more ]

Electronic manifesting for hazardous waste shipments began June 30, 2018.

Access the latest information on the EPA's E-Manifesting Portal.

Katt Training & Consluting can help your company transition to the new system. Please contact us for more information.

[The EPA's E-Manifesting Portal]

[EPA News Release]

ALBANY, NY – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited New Windsor-based Verla International LTD, and proposed fines of $281,220 for failing to protect its employees from dangerous chemicals, and other hazards.

In November 2017, OSHA investigated the cosmetics manufacturer after an employee was fatally injured in a fire. The company was cited for 11 violations for fall, and compressed air hazards, and for failing to ensure proper electrical grounding and bonding to prevent flammable vapors from igniting; properly dispose of flammable materials; develop and implement an emergency response plan; provide employees with first responder awareness level training; and record a workplace fatality in its OSHA 300 illness and injury log. [ more ]

Aerosol cans are widely used for dispensing a broad range of products including paints, solvents, pesticides, food and personal care products, and many others. The Consumer Specialty Products Association (CSPA) estimates that 3.82 billion aerosol cans were filled in the United States in 2015 for use by commercial and industrial facilities as well as by households. Aerosol cans can account for nearly 40 percent of retail items that are managed as hazardous waste at large retail facilities. [ more ]

WASHINGTON, DC – The U.S Department of Transportation's Federal Aviation Administration (FAA) proposes a $160,500 civil penalty against Woodioso Technology Limited of Hong Kong for allegedly violating the Hazardous Materials Regulations.

The FAA alleges that on January 3, 2017, Woodioso knowingly offered a shipment of 30 lithium ion batteries to United Parcel Service for shipment by air from Hong Kong to the company's service facility in Louisville, Kentucky. [ more ]

This matrix tracks state implementation of the Hazardous Waste Generator Improvement Rule. Updated monthly, the matrix provides key information on rulemaking status, publication date, public hearing dates and comment periods, and the rule effective date.

Information is collected by a professional legislative and regulatory tracking service that monitors the development and adoption of the regulations, and individually contacts State Agencies to assess their progress on the Generator Improvement rulemaking process.

Katt Training can help you navigate the new rules in your state. Please contact us for more information.

[Go to the Tracking Matrix]

MIAMI, FL – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) on Friday, September 14, cited multiple contractors for safety violations after one employee suffered fatal injuries and five other employees sustained serious injuries when a pedestrian bridge at the Florida International University campus in Miami collapsed. The five companies collectively received seven violations, totaling $86,658 in proposed penalties.

OSHA cited Figg Bridge Engineers Inc., a civil and structural engineering company; Network Engineering Services Inc. (doing business as Bolton Perez & Assoc.), a construction engineering and inspection firm; Structural Technologies LLC (doing business as Structural Technologies/VSL), specializing in post-tensioning in bridges and buildings; Munilla Construction Management LLC, a bridge and building construction company; and The Structural Group of South Florida Inc., a contractor specializing in concrete formwork. [ more ]

Find out about some of the changes in the 2019 Dangerous Goods Regulations including new shipping descriptions, changes to some special provisions and updates to some packing instructions.

[Read the document]

WASHINGTON, DC - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has updated the National Emphasis Program (NEP) on preventing trenching and excavation collapses in response to a recent spike in trenching fatalities.

OSHA's NEP will increase education and enforcement efforts while its inspectors will record trenching and excavation inspections in a national reporting system, and each area OSHA office will develop outreach programs. [ more ]

On May 12, 2016, OSHA published a final rule that, among other things, amended 29 C.F.R. § 1904.35 to add a provision prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses. See 29 C.F.R. § 1904.35(b)(1)(iv). In the preamble to the final rule and post-promulgation interpretive documents, OSHA discussed how the final rule could apply to action taken under workplace safety incentive programs and post-incident drug testing policies.

The purpose of this memorandum is to clarify the Department's position that 29 C.F.R. § 1904.35(b)(1)(iv) does not prohibit workplace safety incentive programs or post-incident drug testing. The Department believes that many employers who implement safety incentive programs and/or conduct post-incident drug testing do so to promote workplace safety and health. In addition, evidence that the employer consistently enforces legitimate work rules (whether or not an injury or illness is reported) would demonstrate that the employer is serious about creating a culture of safety, not just the appearance of reducing rates. Action taken under a safety incentive program or post-incident drug testing policy would only violate 29 C.F.R. § 1904.35(b)(1)(iv) if the employer took the action to penalize an employee for reporting a work-related injury or illness rather than for the legitimate purpose of promoting workplace safety and health. [ more ]

KANSAS CITY, MO – Arrow Plumbing LLC has ­admitted to willfully violating the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) safety standards ­by failing to require and enforce the use of trench boxes or other trench protection techniques ­at a home construction site in Belton, Missouri. An employee suffered fatal injuries when an unprotected trench collapsed on him as he worked.

Under terms of a stipulation and settlement agreement entered before the Occupational Safety and Health Review Commission, the Blue Springs, Missouri, company ­– and its successor company R2 Plumbing LLC ­– agreed to implement several safety enhancements. These include hiring a safety consultant to design and implement a trench safety program, and conduct safety and health audits; providing extensive training for employees; reporting trenching-related incidents and near misses to OSHA; conducting meetings at new worksites to address hazards; and completing OSHA construction, and trenching and excavation training courses. The company will also pay a civil monetary penalty of $225,000. [ more ]

SUMMARY:

OSHA is updating the agency's standard for cranes and derricks in construction by clarifying each employer's duty to ensure the competency of crane operators through training, certification or licensing, and evaluation. OSHA is also altering a provision that required different levels of certification based on the rated lifting capacity of equipment. While testing organizations are not required to issue certifications distinguished by rated capacities, they are permitted to do so, and employers may accept them or continue to rely on certifications based on crane type alone. Finally, this rule establishes minimum requirements for determining operator competency. This final rule will maintain safety and health protections for workers while reducing compliance burdens. [ more ]

WASHINGTON, DC – As the holiday season approaches, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and Wage and Hour Division (WHD) are reminding employers to protect worker safety and pay.

"Whether employees are stocking shelves, packing boxes, delivering products, or selling merchandise, they have the right to a safe workplace," said Acting Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt. "Employers should focus on their responsibility to protect all employees during the busy holiday season." [ more ]

WASHINGTON, DC — The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today issued a proposed rule to revise the beryllium standard for general industry. The proposed changes are designed to clarify the standard, and to simplify or improve compliance with the standard.

The proposed rule would amend selected paragraphs of the standard, including "Definitions," "Methods of Compliance," "Personal Protective Clothing and Equipment," "Hygiene Areas and Practices," "Housekeeping," "Medical Surveillance," "Hazard Communication," and "Recordkeeping." It would also remove the existing Appendix A, which lists suggested controls, and replace it with a new Appendix A, Operations for Establishing Beryllium Work Areas. [ more ]

PORT ST. LUCIE, FL - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Turnkey Construction Planners Inc. - a roofing contractor based in Melbourne, Florida - for exposing employees to fall hazards. The company faces $199,184 in penalties.

OSHA initiated an inspection as part of its Regional Emphasis Program on Falls in Construction. Inspectors observed employees working without the use of conventional fall protection at two separate worksites in Port St. Lucie, Florida. OSHA has cited the company four times in the past five years for similar violations. [ more ]

Below are the maximum penalty amounts adjusted for inflation as of Jan. 23, 2019.

Serious: $13,260 per violation
Other-Than-Serious: $13,260 per violation
Posting Requirements: $13,260 per violation
Failure to Abate: $13,260 per day beyond the abatement date
Willful or Repeated: $132,598 per violation

[Read the OSHA memo]

WASHINGTON, DC – To protect worker privacy, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued a final rule that eliminates the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA each year. These establishments are still required to electronically submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). [ more ]