Tighe & Bond Breakfast Seminar Series 2015
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The 2015 breakfast seminar covered regulatory updates on compliance issues including EPCRA, storage tank regulations, stormwater management, and industrial wastewater practices. Key updates were discussed, such as the Tier II reporting requirements, the multi-sector general permit for stormwater, and changes in industrial wastewater operator requirements. Attendees were advised on best practices for compliance audits, chemical control laws, and general environmental management strategies.
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Tighe & Bond Breakfast Seminar Series 2015
- 1. 2015 Breakfast Seminar 2015 Breakfast Seminar Doug Stellato Project Compliance Specialist [email protected] 413.572.3215 Jeffrey Bibeau Principal Compliance Specialist [email protected] 413.572.3243 Alan Stratton Project Manager [email protected] 413.875.1604
- 2. Follow Us On LinkedIn or Twitter! ■ @TigheBond ■ @dphorowitz
- 3. 2015 Breakfast Seminar Our Compliance Team Regulatory Compliance
- 4. Agenda ■ EPCRA Update ■ Storage Tank News ■ NPDES Stormwater Update ■ Industrial Wastewater Update ■ Chemical Control Laws Update ■ Compliance Audits Update
- 5. 2015 Breakfast Seminar Tier 2 Reporting
- 6. EPCRA Regulations Update ■ Tier II – 10,000 pounds storage of any chemical – Small quantities of extremely hazardous substances (355 chemicals) – Due every March 1st – Submitted to: » SERC » Local Emergency Planning » Fire Department
- 8. EPCRA Regulations Update ■ Tier II Manager System – Requires registration – Available now (register only) – ONLY impacts SERC filing » Not Emergency Planning » Not Fire Department
- 9. EPCRA Regulations Update ■ Please note the following prerequisites to use of the system: – Browser: Internet Explorer 10 or higher; Firefox 20 or higher; Chrome 26 or higher; – Components: Adobe Acrobat Reader (free download); – Settings: Enable Javascript in your Browser (browser setting) – Turn off the pop-up blocker in your Browser (browser setting).
- 10. ■ Consultants – Require an ‘authorization email’ – Sent by the facility to [email protected] – Contain » Name(s) of the consultant(s) » Name and address of the facility » Facility contact information – Enter ‘Tier II Manager System Consultant Authorization’ in the email subject line EPCRA Regulations Update
- 11. Fire Prevention Regulations Update
- 12. Fire Prevention Regulation Update ■ 502 CMR 5.0 – Tanks >10,000 capacity storing any fluid other than water – Regulation Changes » April 2015 » Consistency with national standards – EPA – West Virginia – New York » 1 year versus 5 year permits » Inspectors propose test protocol
- 13. UST Data Management System ■ MassDEP’s new system for managing UST data – Requires the person responsible for updating the information to submit a Proof of Identification (POI) form to MassDEP. – We recommend creating an account first, then submitting the form – otherwise it will go into a pile of “orphan” forms and will likely take longer to be processed.
- 14. New UST requirements ■ Included in the January 2015 UST regulation update – Hydrostatic or pressure testing of sumps and spill buckets no later than 1/2/2017. » Spill buckets need to be retested every 5 years – Compliance Certifications due 18 months after a Third Party Inspection.
- 16. 2015 Breakfast Seminar Regulatory Background ■ Point Source Pollution – Point Source = Any pipe, ditch, channel, tunnel, conduit, well… from which pollutants are or may be discharged. » Water Quality Act of 1965 » Federal Water Pollution Control Act Amendments of 1972 » Clean Water Act of 1977 Any discharge of pollutants from a "point source" into a "Water of the U. S." must have an NPDES permit.
- 17. 2015 Breakfast Seminar Regulatory Background ■ Non-Point Source Pollution – Non-Point Source = Any point which is not a point source from which pollutants are or may be discharged. » Phase 1 (1990) – Large/Medium Municipal Separate Storm Sewer Systems – Industrial Stormwater Discharges – Construction Sites of 5+ acres » Phase II (1999) – Small Municipal Separate Storm Sewer Systems – Construction Sites of 1+ acres
- 18. 2015 Breakfast Seminar Regulatory Background ■ Why look at Stormwater? – “Contaminated stormwater is a significant source of surface water pollution” ■ What is “Contaminated”? – Debris, chemicals, sediment or other pollutants that could adversely affect water quality.
- 19. 2015 Breakfast Seminar Regulatory Background ■ Industrial Stormwater Dischargers – Permit is required to allow stormwater to impact your site and discharge to a waterway. – Permit options: » Individual NPDES Permit (Including stormwater discharges) » Coverage under a Multi-Sector General Permit » Certify no exposure of industrial materials or operations
- 20. 2015 Breakfast Seminar Regulatory Background ■ Multi-Sector General Permit Background – In Massachusetts – EPA/Federal Permit » 1995: First Multi-Sector General Permit » 2000: Multi-Sector General Permit (expired 2005) » 2008 Multi-Sector General Permit (expired 2013) » 2015 Multi-Sector General Permit – Issued June 4, 2015
- 21. 2015 Breakfast Seminar Multi-Sector General Permit ■ How do you obtain coverage? – File Notice of Intent by Sept. 2, 2015 » Done through web-based CDX account – Threatened / endangered species or their critical habitat: » Submit eligibility forms 30 days before the NOI, or in most cases by August 2, 2015. ■ What else needs to be done? – Update the site Stormwater Pollution Prevention Plan (SWPPP) to meet 2015 MSGP and Sector-Specific standards – Post SWPPP online or provide details in NOI
- 22. 2015 Breakfast Seminar Stormwater Pollution Prevention Plan ■ What is a SWPPP? – A Management System document to: » Identify pollutant sources » Identify practices used to reduce pollutants » Identify the procedures to be used to comply with the MSGP ■ What has changed? – Maintain source controls to established standards – Discharge reports must be submitted electronically – Recordkeeping and reporting changes – Sector specific changes
- 23. 2015 Breakfast Seminar Stormwater Pollution Prevention Plan ■ What are Sectors and what do they mean? – Industrial activity categorized by SIC Code (29 Sectors) » Sector A: Timber Products » Sector U: Food and Kindred Products » Sector X: Printing and Publishing » Assigns specific monitoring, limitations, controls, etc. based on the assigned sector
- 24. 2015 Breakfast Seminar Stormwater Pollution Prevention Plan ■ What are the key elements of a SWPPP? – Form a SWPPP Team – Implement Best Management Practices (BMPs) – Conduct routine inspections (quarterly) – Conduct visual assessments (quarterly) – Conduct effluent monitoring (in some cases) » During representative stormwater event – Provide employee training – Submit reports, including annual SWPPP updates – Retain records / documentation
- 25. 2015 Breakfast Seminar Stormwater Pollution Prevention ■ Best Management Practices Techniques, activities, or structural improvements that help reduce the quantity and improve the quality of stormwater runoff. – Minimize Exposure – Good Housekeeping – Visual Inspections – Preventative Maintenance – Spill Prevention and Response Procedures – Employee Training
- 26. 2015 Breakfast Seminar Good Housekeeping BMPs ■ The practice of maintaining a clean and orderly work environment which will limit the amount of pollutants entering the stormwater discharge – Sweeping: Indoor/outdoor dry material spills or dust accumulation – Shoveling: For dry material spills or wet solids – Vacuuming/pumping system: For dry or wet materials – Sorbents & gelling agents: For liquid clean-up
- 27. Good Housekeeping BMPs ■ Waste Disposal Practices – Waste to be Removed Routinely & Materials Will be Segregated – Proper Receptacles in Place and Containers to be Free of Leaks, Corrosion or Other Structural Defects – Outdoor Receptacles have covers ■ If in doubt… Never use the drain!
- 28. 2015 Breakfast Seminar Erosion Control BMPs ■ Leave as much vegetation on site as possible ■ Minimize the time that soil is exposed ■ Prevent run-off from flowing across disturbed areas ■ Stabilize disturbed soils ■ Minimize “off pavement” vehicle traffic ■ Hay bales / Silt fence / Stone / Erosion control blankets
- 30. 2015 Breakfast Seminar Industrial Wastewater Update ■ 257 CMR 2.0 – Operator Requirements – Plant Grading ■ 314 CMR 7.0 – Regulatory Reform ■ 314 CMR 12.00 – Operation & Maintenance Manual Approximately 1,300 Permitted Plants in Massachusetts
- 31. ■ 257 CMR 2.00 – Certification of Operators of Wastewater Treatment Facilities – updated December 2013 ■ 314 CMR 7.00 – Sewer System Extension and Connection Permit Program – updated April 2014 ■ 314 CMR 12.00 – Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers – updated April 2014 Massachusetts Industrial Wastewater Regulations Update
- 32. 257 CMR 2.00 ■ Describes Operator Licensing and Requirements ■ Grading of Wastewater Treatment Systems ■ No Significant Changes
- 33. ■ Sewer Extension and Connection Permitting – Updated April 25, 2014 ■ Significant Changes – Permitting Structure – Removed Definitions – Removed Certain Requirements related to sewer extensions – Moved Certain Requirements to 314 CMR 12.00 (Industrial User Requirements) – Removed Sections 314 CMR 7.00
- 34. ■ Old Permitting Structure - IWPS – IW38 - Greater than 50,000 gpd to an IPP POTW – IW39 - Greater than 25,000 gpd to a Non-IPP POTW – Compliance Certification - Less than 25,000 gpd to a Non- IPP POTW – Permit by Rule - Less than 50,000 gpd to an IPP POTW ■ New Permitting Structure - IWPS – BRP WP 91 – Only for Permits Required by DEP – BRP WP 92 - Greater than 25,000 gpd to a Non-IPP POTW 314 CMR 7.00 (cont.)
- 36. ■ Industrial User Requirements Moved to 314 CMR 12.00 – General and Specific Prohibitions – Design and Construction Standards for IWPS – O&M Requirements – Recordkeeping Requirements – Decommissioning IWPS 314 CMR 7.00 (cont.)
- 37. ■ Industrial User Requirements Removed from 314 CMR 7.05 – Grading of IWPS (general classifications) – Staffing Requirements – Provisions for Fully automated and batch discharges ■ What does this mean? – Grading of all IWPS through DEP approval – All IWPS must be staffed at all times during discharge – Staffing plans approved by DEP and Board of Certification of Operators 314 CMR 7.00 (cont.)
- 38. ■ Operation and Maintenance Regulations – Updated April 25, 2014 ■ Affects Industrial and Municipal Facilities ■ Significant Changes – Sewer System Authorities – Changes to pump station inspections – Includes definitions moved from 314 CMR 7.00 – Includes industrial requirements moved from 314 CMR 7.00 – Updates to sewer use rules for FOG 314 CMR 12.00
- 39. ■ Treatment Works Requirements and IWPS – O&M submitted to DEP for approval – Staffing plan submitted to DEP for approval – Updated every two years – Contracts submitted to DEP for approval 314 CMR 12.00 (cont.)
- 40. ■ IWPS Requirements – General and Specific Prohibitions Updated (mercury) – Design and Construction Standards for IWPS (no changes) – O&M Requirements (no changes) – Recordkeeping Requirements – Document review of IWPS and O&M manual annually – Notify sewer authority and POTW of discharge of “toxic pollutants” – Decommissioning IWPS (no changes) 314 CMR 12.00 (cont.)
- 41. Industrial Wastewater Update EXAM RESULTS http://www.neiwpcc.org/training/mwotexamresults.asp
- 42. Wastewater Operator Exam Update 2012 – Sep 2015 Total Exams Total Passing % Passing Total Failed % Failing Required % for Passing Grade Industrial 1 298 163 55% 135 45% 66% Industrial 2 773 491 64% 282 36% 66% Industrial 3 127 33 26% 94 74% 65% Industrial 4 150 28 19% 122 81% 65% Municipal 1 81 66 81% 15 19% 66% Municipal 2 375 187 50% 188 50% 66% Municipal 3 215 132 61% 83 39% 65% Municipal 4 582 187 32% 395 68% 65% Combined 5 355 122 34% 233 66% 65% Combined 6 416 83 20% 333 80% 70% TOTALS 3372 1492 44% 1880 56%
- 43. Industrial Wastewater Update ■ New England Interstate Water Pollution Control Commission (NEIWPCC) – Wastewater Treatment Plant Operator Training – Wastewater Treatment Plant Operator Examinations – Exams registered online » AMP Centers (Holyoke, Framingham, Boston – H&R Block Locations)
- 44. Industrial Wastewater Update ■ Take Aways – Check your plant grading – Align your staff – Pick the right exam
- 46. ■ Alphabet Soup of Regulations ■ Control the manufacture, import, export of chemicals and labeling of products ■ Substances, articles, etc. ■ Thresholds ■ Warning Labels Chemical Control Laws
- 47. ■ REACH ■ SVHC ■ RoHS ■ WEEE ■ CA Prop 65 ■ TSCA ■ CONEG ■ JIG ■ CEPA Chemical Control Laws ■ CPSIA ■ Ozone ■ GLBTS ■ Lacey Act ■ Conflict Minerals ■ Customer Specific ■ DMF ban ■ GADSL ■ IEC 62474 ■ AICS ■ EINECS ■ IECSC ■ MITI/ENCS ■ KECI ■ NZIoC ■ PICCS
- 48. ■ REACH – Registration, Evaluation, Authorisation and Restriction of Chemicals – Addresses the production and use of chemical substances (i.e. everything made of atoms) – Potential impacts on both human health and the environment. Chemical Control Laws - REACH
- 49. ■ SVHC – Substances of Very High Concern – European Chemicals Agency (ECHA) – Article 57 of REACH – Updated every 6 months – 0.1% – Future likely to be legally restricted Chemical Control Laws - SVHC
- 50. ■ RoHS – Restriction of Hazardous Substances Directive – Took effect on 1 July 2006 – Restricts (with exceptions) the use of six hazardous materials – Manufacture of various types of electronic and electrical equipment – Closely linked with the Waste Electrical and Electronic Equipment Directive (WEEE) – China RoHS Chemical Control Laws - ROHS
- 51. ■ CA Prop 65 – Formally titled "The Safe Drinking Water and Toxic Enforcement Act of 1986“ – California Law passed in 1986 – OEHHA – Protect drinking water sources from toxic substances that cause cancer and birth defects – Reduce or eliminate exposures – Requires warnings – No threshold – “safe harbor levels” Chemical Control Laws – CA Prop 65
- 52. ■ TSCA – Toxic Substances Control Act – Reporting, testing and restrictions of chemicals – TSCA inventory – SNURs – “5e” Consent Orders – TSCA Search Chemical Control Laws – TSCA
- 53. ■ CONEG – Coalition of Northeastern Governors – Toxics in Packaging Clearinghouse ■ JIG – Joint Industry Guide for electrotechnical products – Declarable Substance List ■ CEPA – Canadian Environmental Protection Act – DSL/NDSL Chemical Control Laws – North America
- 54. ■ CPSIA – Consumer Product Safety Improvement Act – Phthalates/Lead Paint in toys ■ Ozone – EPA Clean Air Act – Ozone-Depleting Substance Ban ■ Great Lakes Binational Toxics Strategy – EPA & Environment Canada – Two levels of substances Chemical Control Laws – North America
- 55. ■ Lacey Act – USA conservation law – Illegal to import illegal fish, wildlife or plants ■ Conflict Minerals – Securities and Exchange Commission – Conflict minerals from Congo ■ Customer Specific Requirements – Chemical specific lists from customers – BPA, latex, formaldehyde, VOCs, etc. Chemical Control Laws – North America
- 56. ■ DMF Ban – European Union – Dimethyl fumarate (CAS# 624-49-7) ■ GADSL - Global Automotive Declarable Substance List ■ IEC 62474 – International Electrotechnical Commission database on material declaration ■ AICS - Australian Inventory of Chemical Substances ■ EINECS - European Inventory of Existing Commercial Chemical Substances Chemical Control Laws – Other
- 57. ■ IECSC - China Inventory of Existing Chemical Substances ■ MITI/ENCS – Japanese Existing and New Chemical Substances – Ministry of International Trade and Industry ■ KECI - Korea Existing Chemicals Inventory ■ NZIoC - New Zealand Inventory of Chemicals ■ PICCS - Philippine Inventory of Chemicals and Chemical Substances ■ EU 2009/48/EC Safety of Toys Chemical Control Laws – Other
- 58. ■ How do we ensure compliance? ■ Material Safety Data Sheets are key ■ Review current regulatory lists ■ Calculate concentrations ■ Contact your local Chemical Control Laws Expert! Chemical Control Laws
- 60. 2015 Breakfast Seminar Audits On the Rise! ■ All Agencies ■ Multi-Media ■ Detailed Record Request ■ Site Inspections
- 61. 2015 Breakfast Seminar Reporting Tips ■ Inaccurate reports can lead to compliance issues with other programs ■ Maintain chemical inventory ■ Maintain accurate equipment inventory ■ Know your waste streams ■ MANAGEMENT OF CHANGE!
- 62. 2015 Breakfast Seminar Final Thoughts ■ Command & Control of Documents -MANAGEMENT OF CHANGE! ■ Planning new installations? – Let us know! – Air, wastewater, chemical usage ■ Advocate Honesty Internally – We’re not here to step on toes – Better us than the regulators ■ We are on YOUR side!
- 64. 2015 Breakfast Seminar Tighe & Bond Breakfast Seminar Series Environmental Regulatory Update December 1, 2015 Portsmouth, NH Jeffrey P. Bibeau, REM Associate Tighe & Bond 53 Southampton Road Westfield, MA 01085 413.572.3243 [email protected]
- 65. 2015 Breakfast Seminar Agenda ■ NHDES Enforcement in New Hampshire ■ EPA Proposed RCRA Amendments
- 66. 2015 Breakfast Seminar Acronym Cheat Sheet ■ EPA – Environmental Protection Agency ■ DEEP – Department of Energy & Environmental Protection ■ NOV – Notice of Violation ■ NOD – Notice of Deficiency ■ EMS – Environmental Management System ■ SEP – Supplemental Environmental Project ■ VOC – Volatile Organic Compound ■ CAA – Clean Air Act ■ CWA – Clean Water Act ■ EPCRA – Emergency Planning & Community Right to Know Act ■ RCRA – Resource Conservation Recovery Act ■ NPDES – National Pollutant Discharge Elimination System ■ BACT – Best Available Control Technology ■ NESHAP- National Emission Standards for Hazardous Air pollutants. ■ BWP – Bureau of Waste Prevention ■ PTE – Permanent Total Enclosure
- 67. 2015 Breakfast Seminar NHDES Enforcement Examples ■ 10/6/15: OSRAM Systems (Manchester) for a $1,100 penalty (Hazardous Waste) – Cited for numerous hazardous waste violations – Failed to: 1. include time of inspection & inspector’s name on the inspection log 2. characterize floor wash water 3. label hazardous waste & EPA Id # 4. document a training with written job descriptions & maintain an updated contingency plan 5. open universal waste containers
- 68. 2015 Breakfast Seminar NHDES Enforcement Examples 10/6/15: OSRAM Systems (Manchester) for a $1,100 penalty (Hazardous Waste) – NHDES decided to not pursue enforcement except for the hazardous waste characterization of the floor wash
- 69. 2015 Breakfast Seminar NHDES Enforcement Examples ■ 4/3/15 Lakes Region Manufacturing (Belmont) for $3,800 (Hazardous Waste) – Failed to: – perform a haz waste determination on spent parts washers solvent – to train employees – submit contingency plans – provide emergency telephone within 100- feet of the HW storage area – Include EPA ID #’s on manifests
- 70. 2015 Breakfast Seminar NHDES Enforcement Examples ■ 6/23/15 Blue Ribbon Cleaners for $3,200 (Exeter) (Hazardous Waste) – Failed to: – Perform HW determination on the treated dry cleaning separator water – Disposing of HW to the Exeter POTW – Open containers of HW – Improper labelling (didn’t ID the contents) of HW
- 71. 2015 Breakfast Seminar Enforcement News ■ Information regarding enforcement is posted on the NHDES web site – Watch these postings for trends in enforcement action and fines – http://www2.des.state.nh.us/legal/
- 72. 2015 Breakfast Seminar EPA Hazardous Waste Regulations Proposed EPA Hazardous Waste Generator Regs Jeffrey P. Bibeau, REM Associate Environmental Compliance
- 73. 2015 Breakfast Seminar EPA Hazardous Waste Generator Regs ■ Proposed EPA Hazardous Waste Generator Regulations • On September 25, 2015 EPA published proposed Hazardous Waste Generator Regulations • This is the most significant re-write of EPA’s RCRA rules in about 30 years • The public comment period of the proposed regs is extended until December 31, 2015
- 74. 2015 Breakfast Seminar EPA Hazardous Waste Generator Regs ■ Proposed EPA Hazardous Waste Generator Regulations • Two key elements of the proposed regs include: 1. Generating hazardous waste during an episodic event to avoid a higher generator status 2. Allowing conditionally exempt small quantity generators to send it’s HW to LQG under the control of the same person
- 75. 2015 Breakfast Seminar EPA Hazardous Waste Generator Regs ■ Proposed EPA Hazardous Waste Generator Regulations • CESQG waste consolidation: Some companies would like to consolidate waste from multiple CESQGs for more efficient shipping and HW management (currently LQG needs a permit to receive CRSQG wastes) • Episodic Generation: Current RCRA rules lack flexibility to address episodic change in a generator’s regulatory category Generators must comply with comprehensive set of regulations (LQG) for a short period of time
- 76. 2015 Breakfast Seminar EPA Hazardous Waste Generator Regs ■ Proposed EPA Hazardous Waste Generator Regulations • Contingency Plan Executive Summary: The Contingency Plans LQGs are required to submit to local emergency responders are lengthy Responders want quick access to the most important information in the Plan EPA is proposing for ”new” LQGs to include an executive summary that has the most critical information for immediate response (types/amounts of HW, map of site, location of water supply, and emergency contact)
- 77. 2015 Breakfast Seminar EPA Hazardous Waste Generator Regs ■ Proposed EPA Hazardous Waste Generator Regulations • Hazardous Waste Determinations • Labeling (hazard associated with the waste) • Satellite Accumulation Area Provisions (open containers allowed under limited circumstances) • 50-foot Requirement (can store HW within 50-feet of property line if ok’s by Fire Department) • Lastly the proposed regulatory re-write includes 60+ changes to the regulations (small & big) !!!
- 78. 2015 Breakfast Seminar Thank You Questions? Jeff Bibeau 413-572-3243 [email protected]
- 79. 2015 Breakfast Seminar Health and Safety Update 2015 Alan Stratton Project Manager Tighe & Bond 413.875.1604 [email protected]
- 80. 2015 Breakfast Seminar Agenda ■ Enforcement Initiatives – Enforcement Weighting System – Emphasis Programs – Recent Changes / Programs to Monitor ■ Emergency Planning ■ OSHA Updates – Top 10 – Enforcement / Inspection News
- 81. 2015 Breakfast Seminar Enforcement Initiatives ■ OSHA Inspection Program - Background – In FY 2014, federal / state OSHA conducted 36,163 / 47,217 inspections – Some require far more time and resources than others ■ New – Enforcement Weighting System – Effective October 1, 2015 – OSHA will move away from tallying the number of inspections – Emphasis will be quality over quantity – OSHA Assistant Secretary Dr. David Michaels: » “OSHA has never set quotas for inspections and that will not change.”
- 82. 2015 Breakfast Seminar Enforcement Weighting System ■ How does it Work? – Inspections will be assigned “Enforcement Units” » Routine Inspections count as one unit » More complex categories are assigned higher numbers, up to 9 – Process Safety Management inspections = 7 – Inspections related to chemicals with no P.E.L. = 3 ■ Impact (Per OSHA) – “OSHA will be able to tackle more complicated, time-consuming cases” – “You’ll see more complex and impactful inspections” – “The new system will focus resources on more meaningful inspections” – “OSHA will monitor this approach and make adjustments as needed”
- 83. 2015 Breakfast Seminar Emphasis Programs ■ Federal OSHA – Trenching & Excavation (1985) – Combustible Dust (2008) – Silica (2008) – Lead (2008) – Hexavalent Chromium (2010) – Shipbreaking (2010) – Process Safety Management (2011) – Isocyanates (2013) – Primary Metal Industries (2014) (Iron foundries and manufacturing of nails, insulated wires and cables, steel piping, and copper and aluminum products) – Federal Agencies (2015) – Hazardous Machinery (2015) (Machinery likely to cause amputations)
- 84. 2015 Breakfast Seminar Emphasis Programs ■ OSHA – Region 1 – All 2014 (Local and Regional) – Health High Hazard – Top 100 (NAICS with high DART Rate) – Fall Hazards – Crane Operation in Construction – Residential Construction – Mast Climbing Work Platforms – Crystalline Silica Exposure in Construction – Scrap, Waste and Refuse Industries – Powered Industrial Trucks – Noise in the Workplace
- 85. 2015 Breakfast Seminar Recent Changes – Programs to Watch ■ Hazard Communication Global Harmonized System (Final - March 26, 2012) – Phase-in still in progress » Distributors may ship with old labels until 12-1-2015 » Update HazCom Plan and finish training by 6-1-2015 – New OSHA inspection Directive issued July 20, 2015
- 86. 2015 Breakfast Seminar Recent Changes – Programs to Watch ■ OSHA Recordkeeping Rule Changes (Final - September 11, 2014) – Within 8 Hours: Fatalities – Within 24 Hours: In-patient hospitalizations / Amputations / Loss of eye » Does not include an inpatient hospitalization for diagnostic testing or observation only.
- 87. 2015 Breakfast Seminar Recent Changes – Programs to Watch ■ Confined Space Entry – Construction (Final – May 4, 2015) – More closely aligns with General Industry – Temporary enforcement policy expired on October 2, 2015 ■ Process Safety Management (Pre-Rule stage) – Seeks to modernize regulations and identify best practices
- 88. 2015 Breakfast Seminar Recent Changes – Programs to Watch ■ Combustible Dust (Pre-Rule stage) – Likely no earlier than 2016 ■ Emergency Response and Preparedness (Pre-Rule stage) – Updates to reflect current practices
- 89. 2015 Breakfast Seminar Emergency Planning
- 90. 2015 Breakfast Seminar Emergency Planning ■ Emergency Situations – Fire Explosion Medical – Spill Natural Disaster Workplace violence – Bomb threat Active shooter Confined Space
- 91. 2015 Breakfast Seminar Emergency Planning ■ Is it an emergency? – Incipient Fire? » Can be managed with a trained employee and extinguisher – Incidental Release? » Can be managed with a trained employee and adequate PPE – Minor First-Aid? » Can be managed with a trained employee (First aid/CPR/BB Pathogens)
- 92. 2015 Breakfast Seminar Emergency Planning ■ So it’s not an Emergency – What the Plan? – Make decisions how to respond – Designate employees to take action – Provide training and resources ■ It is an Emergency - What’s the Plan? – Make decisions how to respond » Evacuate Everyone (Where/how)? » Call for Help (Who would you call)? » Respond with Emergency Response Team (Internal / External)? – Designate employees to take action – Provide training and resources – What happens when it happens at night?
- 93. 2015 Breakfast Seminar Emergency Planning ■ Emergency Plans – Emergency Action Plan (29 CFR 1910.38) » When an OSHA standard requires one » Most applicable: – If your workplace has fire extinguishers and employees will be evacuating due to a fire, then you must have an Emergency Action Plan. – The only exemption is if you have an in-house fire brigade, every employee is trained as part of the fire brigade and no one evacuates. » Focus is on Evacuation Procedure & Employee Accounting
- 94. 2015 Breakfast Seminar Emergency Planning ■ Emergency Plans – Fire Prevention Plan (29 CFR 1910.39) » If employees are not trained / authorized to use fire extinguishers » When an OSHA standard requires one (Ethylene oxide, methylenedianiline, 1,3 butadiene) – Process Safety Management (29 CFR 1910.119) Risk Management Plan (40 CFR 68) » Emergency Response Plan (Can be Emergency Action Plan)
- 95. 2015 Breakfast Seminar Emergency Planning ■ Will Your Employees Respond to an Emergency? – Site Must have an Emergency Response Plan (29 CFR 1910.120) » Required for facilities who respond to hazardous substance releases » Required if site has an Emergency Response Team » Plan must detail procedures to handle anticipated emergencies – What is required of Emergency Responders » HAZWOPER training » Training on site Emergency Response Plan » Medical Surveillance Program
- 96. 2015 Breakfast Seminar OSHA Updates I’m from OSHA. I’m here to help.
- 97. 2015 Breakfast Seminar OSHA Updates Top 10 List 1. Fall Protection (1926.501) – 6,721 (Citations) a) Residential Construction b) Unprotected sides and edges 2. Hazard Communication (1910.1200) – 5,192 a) Employee information and training b) Written HazCom program c) Maintaining MSDS/SDS d) Labeling Preliminary figures for Fiscal Year 2015 (Oct. 1, 2014 – September 30, 2015)
- 98. 2015 Breakfast Seminar OSHA Updates Top 10 List 3. Scaffolding (1926.451) – 4,295 a) Fall protection b) Improper design / construction 4. Respiratory Protection (1910.134) – 3,305 a) Written program b) Medical Evaluations c) Fit testing Preliminary figures for Fiscal Year 2015 (Oct. 1, 2014 – September 30, 2015)
- 99. 2015 Breakfast Seminar OSHA Updates Top 10 List 5. Lockout / Tagout (1910.147) – 3,002 a) Training employees b) Application of energy control procedures 6. Powered Industrial Trucks (1910.178) – 2,760 a) Ensuring competency b) Unsafe equipment Preliminary figures for Fiscal Year 2015 (Oct. 1, 2014 – September 30, 2015)
- 100. 2015 Breakfast Seminar OSHA Updates Top 10 List 7. Ladders (1926.1053) – 2,489 a) Positioning with less than 3 feet above top surface b) Improper use 8. Electrical – Wiring Methods (1910.305) – 2,404 a) Flexible cords b) Abrasion hazards Preliminary figures for Fiscal Year 2015 (Oct. 1, 2014 – September 30, 2015)
- 101. 2015 Breakfast Seminar OSHA Updates Top 10 List 9. Machine Guarding (1910.212) – 2,295 a) Improper guards b) Anchoring fixed machinery 10.Electrical – General Requirements (1910.303) – 1,973 a) Examination of electrical equipment b) Identification of manufacturer and ratings Preliminary figures for Fiscal Year 2015 (Oct. 1, 2014 – September 30, 2015)
- 102. 2015 Breakfast Seminar OSHA Inspection News ■ OSHA Recordkeeping Rule Changes (Finalized Sept. 11, 2014) – OSHA estimates 200 – 250 reported incidents per week – Roughly 40% result in an on-site inspection – Roughly 50% OSHA conducts a “rapid response investigation” » Sending a letter asking for details / corrective actions ■ OSHA budget increased by 7% in FY2016 (Starting October 1, 2015) – Total Budget is $592.1 million – 9% increase in enforcement funds ($226 million) – Estimated 90 new OSHA positions / ~ 60 in enforcement – Enforcement commitment: » “To deter employers who put their workers’ lives at risk. “
- 103. 2015 Breakfast Seminar OSHA Inspection News ■ Two NY contractors indicted by state, fined by OSHA after worker is killed in trench collapse – OSHA cited two contractors following a trench collapse that buried 22-year-old laborer Carlos Moncayo beneath tons of soil and debris at a Manhattan construction site. – OSHA found that Moncayo's death could have been prevented if cave-in protection had been used. – In connection with Moncayo's death, officials from both companies were indicted for manslaughter and other charges. – "Managers were aware of these deadly hazards and did not remove employees from the trench, even after warnings from project safety officials,“ – OSHA issued each employer two citations for willful violations and proposed fines of $140,000.
- 104. 2015 Breakfast Seminar Thank You Alan Stratton Project Manager 413.875.1604 [email protected] Offices throughout New England www.tighebond.com
- 105. 2015 Breakfast Seminar Thank You!! One University Avenue, Suite 104 Westwood, MA 02090 781.708.9820 l 177 Corporate Drive Portsmouth, NH 03801 603.433.8818 l 446 Main Street Worcester, MA 01605 508.754.2201 4 Barlows Landing Road, Unit #18 Pocasset, MA 02559 508-564-7285 l 213 Court Street, Suite 900 Middletown, CT 06457 860-704-4760 l 1000 Bridgeport Avenue Shelton, CT 06484 203-712-1100 Tighe&Bond 53 Southampton Road Westfield, MA 01085 413.572.3200