Here we are sweltering in late July! Much of the nation is in the grip of record-breaking heat, so all of us need to be sure to pay extra attention to heat safety—let’s keep our fellow employees protected from heat exhaustion and heat stroke, both potentially dangerous conditions that can severely injure or even be fatal to people and animals. If you have workers that labor outdoors or in non-air-conditioned spaces, it’s time to be extra cautious and vigilant. Remember—plenty of breaks, cool water available, shelter from the sun wherever possible, and frequent checks on employees at risk. Let’s get everyone safely to the cooler fall months! Here’s the latest regulatory news:
Transport Canada
The ministry published a rule amending its TDGR regulations in miscellaneous ways. Among the many changes:
- various actions affecting Class 2 gases and cylinders
- changes to dangerous goods safety mark requirements
- revisions to overpack rules
- actions addressing Class 7 materials
- rules regarding equivalency certificates (Canada’s version of Special Permits)
- Revisions to the DGL
- Updates to Special Provisions
- Revisions to the various appendices, especially schedule 3
For full details and the actual language of the new rule, see the link HERE
OSHA
In a major action affecting the administration of workplace safety records, OSHA is amending its occupational injury and illness recordkeeping regulation to require certain employers (i.e., affected NAICS codes) to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA is amending its regulation to:
- require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year.
- require establishments with 20 to 249 employees in certain industries continue to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year.
- require establishments with 250 or more employees to electronically submit information from their Form 300A to OSHA on an annual basis.
- update the NAICS codes used in appendix A, which designates the industries required to submit their Form 300A data as outlined above
- add appendix B, which designates the industries required to submit Form 300 and Form 301 data as outlined above.
In addition, establishments will be required to include their company name when making electronic submissions to OSHA. OSHA intends to post some of the data from the annual electronic submissions on a public website after identifying and removing information that could reasonably be expected to identify individuals directly, such as individuals’ names and contact information. This final rule becomes effective on January 1, 2024. See the full information HERE
FMCSA
The agency published proposed amendments to its Hazardous Materials Safety Permits (HMSPs) regulations to incorporate by reference the updated Commercial Vehicle Safety Alliance (CVSA) handbook containing inspection procedures and Out-of-Service Criteria (OOSC) for inspections of shipments of transuranic waste and highway routecontrolled quantities (HRCQs) of radioactive material (RAM). The OOSC provide enforcement personnel nationwide, including FMCSA’s State partners, with uniform enforcement tolerances for inspections. Currently, the regulations reference the April 1, 2022, edition of the handbook. Through this notice, FMCSA proposes to incorporate by reference the April 1, 2023, edition. Comments must be received on or before August 23, 2023. Find out more HERE
EPA
The agency is extending the comment period for the proposed rule entitled ‘‘Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA)’’ that published in the Federal Register on May 26, 2023. In response to requests for additional time to develop and submit comments on the proposed rule, EPA is extending the comment period for an additional 14 days, from July 25, 2023, to August 8, 2023. Find out more HERE
The agency is seeking comment on an upcoming ICR related to providing protection for workers from adverse health effects associated with occupational exposure to Methylenedianiline, a hazardous chemical. See the action and how to comment HERE
The agency, in a final rule, is removing the ‘‘emergency’’ affirmative defense provisions from the EPA’s title V operating permit program regulations. These provisions established an affirmative defense that sources could have asserted in enforcement cases brought for noncompliance with technology-based emission limitations in operating permits, provided that the exceedances occurred due to qualifying emergency circumstances. These provisions, which have never been required elements of state operating permit programs, are being removed because they are inconsistent with the EPA’s interpretation of the enforcement structure of the Clean Air Act (CAA or the Act) in light of prior court decisions from the U.S. Court of Appeals for the D.C. Circuit. See the full rule addressing this rather complex subject.
Summer DG Fun
In the spirit of summer fun, even PHMSA is taking a hand. With many children out of school, the agency has released an activity book featuring it’s occasional mascot, “Haz Matt” that serves as a primer on what hazardous materials are and how to identify them amongst the things that children might be expected to be exposed to. These can include things like matches, cosmetics, hobby supplies, and so forth. It’s a kid-friendly way to start learning about our industry and how to help keep people safe. And hey—we all know that we’ll need a new generation of “hazmat nerds” to carry on our work someday. Maybe you know a child that would be interested. Here’s a link to the new downloadable publication.
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