Current News

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 ]

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]

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 ]

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]

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 ]

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 ]

NORTH PLATTE, NE – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Western Engineering Company Inc. after an employee suffered fatal injuries after being pulled into an unguarded slat/drag conveyor at the company's North Platte, Nebraska, asphalt plant. OSHA proposed penalties totaling $89,032.

OSHA cited the company for seven serious violations of machine guarding, lockout/tagout and permit-required confined space standards, including failing to develop a confined space entry program; issue safety permits; test atmospheric conditions; and provide air testing and monitoring equipment. [ more ]

ORLANDO, FL – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited two contractors – PCL Construction Services Inc. and Universal Engineering Sciences – for safety violations after two employees suffered fatal injuries at a work site for the new JW Marriott Hotel in Orlando.

The workers were pouring concrete on the seventh floor when the support structure collapsed. OSHA found the contractors failed to inspect formwork, shoring, working decks, and scaffolds properly prior to construction to ensure that the equipment met the required specified formwork drawings. OSHA also issued PCL Construction Services Inc. a willful citation - for the maximum allowed by law - for failing to design, fabricate, erect, support, and brace the formwork so that it was capable of supporting vertical and lateral loads. The contractors collectively received three violations totaling $157,792 in proposed penalties. [ more ]

WASHINGTON, DC – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is requesting information as the Agency considers rulemaking to update the powered industrial trucks standards for general, maritime, and construction industries. The standards became effective in 1971, and were based on industry consensus standards from 1969. Since then, national consensus standards have been updated several times.

OSHA is requesting information on: the types, age, and usage of powered industrial trucks; maintenance and retrofitting; how to regulate older powered industrial trucks; types of accidents and injuries associated with operating these machines; costs and benefits of retrofitting the machines with safety features; and other components of a safety program. OSHA will use the information received in response to this request to determine what action, if any, it may take to reduce regulatory burdens and create jobs while improving worker safety. [ more ]

The EPA Acting Administrator signed the final rule, titled, "Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine" on December 11, 2018 and it was published in the Federal Register (FR) on February 22, 2019.

This final rule establishes cost- saving, streamlined standards for handling hazardous waste pharmaceuticals to better fit the operations of the healthcare sector while maintaining protection of human health and the environment. [ more ]

PICAYUNE, MS – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Heritage Plastics Inc. for exposing employees to amputations at the company's facility in Picayune, Mississippi. The plastics manufacturer faces $159,118 in penalties, including a willful violation that carries the maximum penalty allowed.

An employee suffered the amputation of four fingers when the mixing machine from which the employee was removing material unexpectedly started. OSHA inspectors determined that Heritage Plastics failed to require the use of a lockout device and train employees on procedures to control the release of hazardous energy. OSHA also cited the employer for failing to install machine guarding. The inspection is part of OSHA's National Emphasis Program on Amputations." [ more ]

n April 2, 2019, the Environmental Protection Agency (EPA) issued a proposed rule intended to modernize the regulations governing ignitable liquids hazardous waste determinations under the Resource Conservation and Recovery Act (RCRA). See Modernizing Ignitable Liquids Determinations, 84 Fed. Reg. 12539 (proposed Apr. 2, 2019) (to be codified at 40 CFR pts. 260, 261 and 266). Although it has been packaged as a codification of existing guidance that will not create new requirements or change existing requirements, the rule does propose to narrow one of the ignitability characteristic exclusions, which would thereby expand the definition of ignitable hazardous wastes. Therefore, the proposed rule could have a significant impact on mining companies, wastewater treatment systems, laboratories, and any generators that manage chemicals used for solvent properties. According to EPA, the proposed rule contemplates amendments to "clarify" certain issues related to the ignitability characteristic, including the exclusion for certain ignitable liquids containing alcohol, as well as how to sample wastes containing multiple phases when determining whether a waste exhibits the ignitability characteristic. [ more ]

WASHINGTON, DC – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is requesting information on a possible update to the Control of Hazardous Energy (Lockout/Tagout (LOTO)) standard. The Agency is interested in comments on the use of control circuit-type devices to isolate energy, as well as the evolving technology for robotics.

OSHA is requesting information about how employers have been using control circuit devices, including information about the types of circuitry and safety procedures being used; limitations of their use, to determine under what other conditions control circuit-type devices could be used safely; new risks of worker exposure to hazardous energy as a result of increased interaction with robots; and whether the agency should consider changes to the LOTO standard that would address these new risks. [ more ]

MACON, GA – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued a combined 22 citations to Kumho Tire Georgia Inc., Sae Joong Mold Inc., and J-Brothers Inc. after a follow-up inspection found safety and health hazards at the tire manufacturing facility in Macon, Georgia. The three companies collectively face $523,895 in proposed penalties.

OSHA cited Kumho Tire Georgia Inc. for exposing employees to fall, struck-by, and burn hazards; failing to follow hazardous energy control procedures when employees performed service and maintenance on machinery; failing to train employees on energy control procedures; and failing to provide machine guarding on various pieces of equipment throughout the facility. Proposed penalties total $507,299. OSHA initiated the follow-up inspection of the tire manufacturer after the Agency did not receive abatement documents regarding a June 2017 inspection and citations. The Agency has now placed Kumho Tire Georgia Inc. in the Severe Violator Enforcement Program. [ more ]

Pyrotechnics include many devices to launch, detonate, or initiate an explosive material. This site discusses common hazards and controls for workers involved in the outdoor display of fireworks. [ more ]

Riverside County District Attorney Mike Hestrin, along with the California Attorney General and several other district attorneys, announced an $11 million settlement has been reached in a lawsuit against AutoZone, Inc. after the company was accused of violating numerous hazardous waste and confidential consumer information laws.

The Riverside County DA's Office will receive $425,000 in penalties and $25,000 in investigative
and enforcement costs.

According to a news release by the Riverside County DA's office, Autozone was charged with "illegally disposing of millions of hazardous waste items, including used motor oil and automotive fluids, at landfills not authorized to accept hazardous waste." [ more ]

We recognize the need to digitally modernize and are studying the possibility of using electronic shipping documents for the transportation of dangerous goods.

Transport Canada (TC) is looking for your input as we try to identify timely and flexible solutions to update the Transportation of Dangerous Goods Regulations(External link) with paperless alternatives which will:

Improve supply chain management;
Reduce paper-burden; and
Increase compliance and efficiency for industry nationally and internationally.

We will carry out an in-depth review before any regulatory changes are proposed to ensure the same, or greater level of safety. [ more ]

On July 25, 2019, 3M Fall Protection announced an immediate stop use and product recall of the 3M™ DBI-SALA® Twin-Leg Nano-Lok™ edge and the Twin-Leg Nano-Lok™ Wrap Back Self-Retracting Lifelines. 3M determined that in a fall and under certain conditions, the energy absorber of these devices may not properly deploy which could expose the worker to serious injury or death. There have been no reports of accidents or injuries associated with this issue, but these products must be removed from service immediately.

[ more ]

EAU CLAIRE, WI ‒ The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Choice Products USA LLC for continually exposing employees to machine safety hazards at the cookie dough manufacturing facility in Eau Claire, Wisconsin. The company faces $782,526 in penalties, and has been placed in the agency's Severe Violator Enforcement Program.

OSHA cited Choice Products for five egregious willful violations for failing to implement and train employees on lockout/tagout procedures to prevent unintentional contact with machine operating parts during service and maintenance. Inspectors also determined that the company failed to install machine guarding, and comply with forklift regulations.

OSHA cited Choice Products for exposing employees to similar machine hazards following an October 2016 inspection. [ more ]