Recording Reportable Injuries and Illnesses has always been challenging, and today we are once again faced with a new challenge called COVID-19. OSHA has posted some information on its web page to help employers with the recordable illness question. OSHA recordkeeping requirements at 29 CFR Part 1904 mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log.
This guidance is found at the following OSHA.gov link, in a blue box along the right side of the page. You can also visit OSHA’s Injury and Illness Recordkeeping and Reporting Requirements page for more information.
2155 W. Sherman Boulevard
Muskegon, Michigan 49441
As EHS professionals, many of us have been asked to work from home. Our jobs are essential even vital to the work that is done, but they are not necessarily critical to getting the product made. In other words, we don’t have to be on the front line creating the product. We are not at the press making sure the product is made correctly or operating an ammonia system to ensure that it functions properly. Of course, I’m making an assumption here, that you are not able to do some or most of your regular duties at the plant and have been asked to work from home.
To quote the Talking Heads, “You might ask yourself,” What should I be doing during this time away from the plant? How can I be most useful? What needs some long overdue attention? How can I stay in contact with and support the production supervisors concerning routine and COVID-19 safety concerns and questions? Well, here are a couple of ideas.
chatting with them as often as you can. Talk about accidents, die changes, preventative maintenance and other challenges through face-to-face via video conferencing. Using these systems takes a little getting used to but once everybody gets the hang of it, video-conferencing is a powerful tool in your communication arsenal. Depending on your computer platform, phone OS, etc. Facetime, Skype, Zoom, Microsoft Teams and other options are available to you.
Review, Revise and Update Safety and Environmental Plans and Procedures
Haz Com Plan, LOTO Program, BBP Exposure Control Plan, Emergency Action Plan, the list goes on. It is always a challenge to get these documents read and updated annually or every two years to make sure that contact and lead personnel information is current, emergency equipment lists are still accurate, and procedures still make sense for today’s operations.
So this new situation may be a good opportunity to take a good solid look at your existing plans. Does it read well? Is it understandable? Or do you need to have someone take a red pen to it so it is easier to read and understand?
Now may also be a great opportunity to streamline and combine plans where you can. For example, required storm water management plans (SWPPP) and oil spill prevention plans (SPCC) tend to have allot of overlapping requirements. Why not combine the two and operate under one plan instead of two? It just might be easier to manage.
If you have a hazardous waste contingency plan, maybe you can combine it with your emergency action plan (EAP). Again, lots of overlap between the two plans. When you are doing this, It is also a good opportunity to contact the supervisors and managers and get their input over a video chat. They’ll appreciate it and you won’t be working in a vacuum.
Dust off the Emergency Response Plan (ERP)
Speaking of emergency plans, one such plan that always needs personal attention is the EAP or Emergency Response Plan (ERP), depending on where you fall in the regulations. Most of the time we don’t need to use these plans, which is wonderful. But, when we do need to use them, they need to accurate. Contact information must be up-to-date. Procedures must be appropriate. People need to know what they should do. These plans minimize problems, prevent issues from becoming catastrophes, and most importantly, they keep people safe.
When was the last time you reviewed your facility’s ERP / EAP?
Emergency response plans and/or procedures (ERP, EAP, Hazardous Waste Contingency plan) are required by a number of regulations:
It is also important to note that the EAP is supposed to cover the entire facility even when there is a certain plant operation that requires special attention. For example, ammonia refrigeration facilities are covered by the PSM Standard and therefore are required to address emergency planning and response (29 CFR 1910.119(n)). This includes, “an emergency action plan for the entire plant,” not just the ammonia system. Sometimes we see companies prepare a ERP for the ammonia system and an EAP for the rest of the plant. The problem here is that you now have two separate plans to maintain and there should only be one for the whole facility.
In addition, OSHA says that EAPs must be reviewed with employees when the plan is developed, or when an employee’s responsibilities change or when the plan changes. But it doesn’t say how often the Plan itself must be reviewed. Now might be a perfect time.
The OSHA and MIOSHA websites have an abundance of information as well as eLearning materials. The National Safety Council (NSC) and the American Society of Safety Professionals (ASSP) also have online classes available. Of course, there is also learning by traditional methods such as reading a book.
Here are some helpful links to help you in your EAP/ERP review and continuing education:
2155 W. Sherman Blvd.
Muskegon, Michigan 49441
Unfortunately, the 2020 MSC has been cancelled due to COVID-19. Normally, the MSC is a great opportunity to collect great infrormation, expand your network and reconnect with friends. We often gather great information that helps us improve our EHS programs. We hope everyone has patience, follows the Michigan and federal guidelines, and joins in preventing the spread of the disease. Check out our article on COVID-19 on our web page or on Facebook. Hope to see you all next year!
Believe it or not, Michigan is in the process of adopting the federal Hazardous waste Generator Improvement Rule (GIR) sometime this Spring. Now I know what you’re thinking, Trump was supposed to get rid of all those pesky hazardous waste rules. Well, he is still working on that, but in the meantime the Michigan legislature is doing something that makes sense for the hazardous waste management community. The GIR became effective (as far as the feds go) back in May 30, 2017. EGLE is off the hook for adopting the rule until the Michigan legislature adopts the rule which is currently in the works. No, we still don’t have an effective date for Michigan’s version of the rules, but it is hoped that EGLE will know in the next few months.
This final rule includes over 60 changes to the GIR regulations that clarify existing requirements, increase flexibility, and improve environmental protection. Some changes reorganize the regulations or make minor technical corrections. Here are some of the highlights:
Episodic Waste Events: Allowing a very small quantity generator (VSQG, formerly CESQG) or a small quantity generator (SQG) to maintain its existing generator category in the case of an event in which the VSQG or SQG generates a quantity of hazardous waste in a calendar month that would otherwise bump them into a more stringent generator regulatory category. We have worked with clients as they wrestled with the old rule after they performed a cleanup, plant maintenance, found obsolescent chemicals on their premises, or they made changes to operations that left them with a large amount of chemicals they no longer needed and it threw them over the limits. Allowing episodic waste events will be a welcome change.
Waste Co-Mingling: This rule provides some cost savings to companies by allowing a VSQG to send its hazardous waste to a sister company (with the same owner/operator) so that it can be consolidated with the larger facility’s waste streams and then be sent to a TSDF.
Emergency Response Plan Notifications: The rule includes Local Emergency Planning Committees among those organizations with which a generator may make response arrangements.
Quick Reference Guides: The GIR requires that new and existing LQGs submit quick reference guides to local emergency responders. The quick reference guides are intended to provide easy access to key information during an event.
SQG Re-Notification: SQGs will be required re-notify EGLE every four years regarding their generator status. Currently, SQGs only notify once under the current system.
Labeling and Marking Containers: GIR revises the regulations for the labeling and marking of containers and tanks so that these labels and markings clearly indicate the hazards of the waste contained inside the container.
Keep up on the latest regarding GIR by checking out the EGLE GIR web page. We’ll also keep an eye on it and report back in future newsletters.
Stopping the spread of the virus is the only effective method we have of preventing more infections. Current prevention recommendations have included washing hands more often, cleaning contaminated surfaces and staying away from large gatherings. In response, trade shows and sporting events have been cancelled and churches and theatres are closing their doors for a week or two and are adopting a wait-and-see attitude. Universities and K-12 have extended spring break and cancelled on-campus classes and are moving to online learning until things improve. Recently, even bars and restaurants are being asked to restrict customers or only provide carryout.
In the meantime, EHS professionals and HR departments should be following the recommendations from their local and state officials and from OSHA and MDHHS. Those recommendations are aimed at “flattening the Curve” (curve of infection) which means slowing the spread of infection to avoid overwhelming the healthcare system. See this article from the University of Michigan.
So, the current infection curve for the COVID-19, that is the number of people becoming infected, is exhibiting an exponential increase. So, as time goes on, we see an increasing number of infected people at an increasing rate. The infection rate topic is illustrated in a Washington Post article that shows a simulated virus in some random, simulated settings. It’s all based on computer models, but it illustrates the point about spreading of infection. If we self-quarantine ourselves (within reason), even for a short while, we help slow down the spread of the disease.
OSHA’s guideline 3990 can be found at this OSHA link. This guide provides lots of information about COVID-19 and recommendations for you to consider for inclusion in your Infectious Disease Preparedness and Response Plan (IDRP). Some topics you will find interesting include:
The MDHHS has Interim Guidelines for a variety of workplace, school, church and social settings. They include:
The bottom line for managing this disease is to be COVID-Wise, be prepared, avoid exposure and don’t spread it yourself. As always, arm yourself with knowledge. Keep up to date on the latest recommendations from your state and local officials. Here are some other good COVID-19 sources of information to share with your executives and workers:
OSHA COVID-19 Web Page
Center for Disease Control - COVID-19 Page
MDHHS COVID-19 Web Page
The Michigan Safety Conference is one of the best local safety conventions around. Everything from the very informative speakers and seminars, the exciting exhibits and vendors, to the quality of the food. It's all Top Notch.
This year's conference is Tuesday and Wednesday, April 7th & 8th at the DeVos Place in Grand Rapids.
Although the majority of topics are safety-related, you will also find some environmental seminars as well. We all know that getting a solid safety program in place and keeping it running has its challenges. So, I'm looking forward to attending the seminar entitled "Transformation Change: A Proven Process for Sustainable Safety Success.
Sign up today to save your spot at this year's Michigan Safety Conference. Click on the button below
Check out these photos of the event. We collected lots of tiny pieces of trash and many big ones. We made good use of plastic grocery bags!!!! We even had to go back and pick up some stuff that was just too heavy to bring to the pavillion!!! Stay tuned for future cleanup events. Thank you all!!!
We’ve all cursed them, those dreaded low-battery beeps in the middle of the night. But, what came next? Did we replace the battery or just rip it out and go back to sleep. Then what? Did we remember a day or two later to replace the battery or did we forget about it until a smoky kitchen reminded us of our folly?
Well, NFPA has a new report out that provides some sobering information to consider. The report focuses mainly on smoke alarm presence and performance in home fires reported to local fire departments across the U.S. Additional topics include the benefits of working smoke alarms, reasons why smoke alarms fail to operate, smoke alarm performance by power source, the difference in smoke alarm performance in one- or two-family homes vs. apartments, and characteristics of fatal home fire victims with and without working smoke alarms.
Some report highlights include:
The report can be found at the NFPA website.
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
The USEPA published a final rule, entitled, “Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine” in the Federal Register on February 22, 2019. According to the USEPA announcement, the 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.
This final rule will help protect drinking and surface water reducing the amount of hazardous waste pharmaceuticals entering waterways by 1,644 to 2,300 tons on an annual basis. To accomplish this the rule will prohibit disposal of pharmaceuticals in the sanitary sewer by all facilities subject to the rule. This action will help address the issue highlighted by a growing body of publicly available studies documenting the presence of pharmaceuticals in drinking and surface waters as well as their negative impacts to aquatic and riparian ecosystems.
In addition, FDA-approved, over-the-counter nicotine replacement therapies (i.e., nicotine patches, gums and lozenges) will no longer be considered hazardous waste when discarded. This will result in significant cost savings and burden reduction in the management of these types of nicotine wastes.
Finally, the final rule reaffirms EPA’s long-standing policy that non-prescription pharmaceuticals and other unsold retail items that have a reasonable expectation of being legitimately used/reused or reclaimed are not solid waste. It also provides regulatory certainty that the Resource Conservation and Recovery Act (RCRA) applies when healthcare facilities send unused, unsaleable prescription hazardous waste pharmaceuticals to reverse distributors to receive manufacturer credit. Simultaneously, the rule incorporates flexibilities to accommodate current reverse distribution business practices to facilitate its implementation.
SRM will keep you posted on this important development.
iJuly 1st is right around the corner. We hope most of you are either done or well on your way to completing your TRI number crunching. While there is still plenty of time to get the TRI reports completed, keep in mind there are some potential pitfalls that can stop you in your tracks:
Due Diligence - TRI Applicability Determination
If you are a small but growing company, don’t ignore the TRI reporting again this year because you have never had to report in the past. Do your annual Due Diligence and prepare some calculations and analysis that you can place in a compliance folder for when MDEQ or USEPA come to visit. This way you can easily demonstrate that your facility in not required to report. Your facility is required to report if it meets ALL three of these threshold criteria:
SRM can help you with your TRI determination. USEPA also has resources to help you at their website.
TRI-Me Web Access
USEPA requires companies to update their passwords. If you are running short on time or the certifying official is going out of town on a long business trip in two days, updating crucial information can pose a problem. What if you need to change the certifying official due to corporate reorganization? Changing information in the TRI-ME system can take a week or two to complete and can be disruptive. So you shouldn’t wait until the last minute to update your information. A good rule of thumb is to get onto the CDX system sooner rather than later and make sure you and your certifying official can access the CDX system and your TRI forms. Update your passwords as necessary.
Check Your Formulas
If you are like many TRI preparers, you use spreadsheets to estimate chemical usage and emissions. As we enter or remove data from year to year we can move linked data cells around the worksheet causing errors in the calculations. In addition, “Fat-Finger Syndrome” is still incurable and people often delete or move links without even knowing it. So, take some time every year to examine your formulas and links between worksheets to ensure data integrity.
Contact SRM if you have questions about TRI applicability or reporting.