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Category Archives: Regulation Updates
OSHA Proposed Amendment to Occupational Injury and Illness Recordkeeping Regulation
OSHA is proposing to amend 29 CFR 1904.41, Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA. By revising reporting requirements, they are hoping to identify workplaces where employees are at higher risks. The proposed rule would also help OSHA leverage their resources to continue to promote increased transparency throughout the workforce. According to the news release from OSHA on 28 March 2022, the proposed rule would also:
- “Require establishments with 100 or more employees in certain high-hazard industries to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year.
- Update the classification system used to determine the list of industries covered by the electronic submission requirement.
- Remove the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually.
- Require establishments to include their company name when making electronic submissions to OSHA.”
To review the summary of changes and submit formal comments click here. Comments must be submitted by May 31, 2022
Wildfire Smoke Rule Enacted to Protect Workers
Washington State Department of Labor & Industries (L&I) filed an emergency rule effective July 16, 2021, to protect workers from potential hazards related to wildfire smoke. The emergency rule applies to workplaces where employers “reasonably anticipate that employees may be exposed to wildfire smoke.” Wildfire smoke exposure is potentially a serious health risk to all workers, but those working outside in industries such as construction and agriculture are significantly impacted.
Inhalation of particulate matter measured at 2.5 micrometers (PM2.5), which is elevated during wildfire smoke events, has been shown to cause adverse cardiovascular health effects. The emergency rule includes employer requirements for checking PM2.5 levels, communication, training, monitoring, and implementation of various exposure controls, as well as requirements for providing respiratory protection when PM2.5 levels reach certain levels.
The rule goes into effect July 16, 2021, and enforcement of the rule occurs at later dates: July 23, 2021, for exposure controls and the respiratory protection provision, and August 2, 2021, for worker training.
For more information regarding the rule, its requirements and exemptions, and wildfire smoke hazards, see https://lni.wa.gov/safety-health/safety-topics/topics/wildfire-smoke.
DNR Extends Burn Ban to Include Campfires (7/2/2021)
All campfires are prohibited, including campfires in campgrounds, in Spokane County.
Rule burns (burns without a written permit issued by DNR) and permit burns continue to be prohibited by DNR within Spokane County.
“The record-breaking temperatures we saw last weekend have left our state bone dry,” said DNR Commissioner Hilary Franz, “and the risks from fireworks and other holiday activities make the situation even more precarious. I am asking everyone in Washington to do their part to protect our firefighters and our communities this summer. Please do not start a fire outside, and please do not set off your own fireworks this weekend.”
Learn more about DNR burn restrictions.
Outdoor Recreational Fires and Open Burning also continue to be restricted due to the hot, dry conditions and fire danger in Spokane County.
Learn more at SpokaneCleanAir.org/burning/burn-restrictions/.
Spokane Area Burn Ban (effective 6/4/2021)
Fire Marshals from Spokane Valley Fire Department (SVFD), City of Spokane Fire Department (SFD), Spokane County, City of Cheney, City of Airway Heights, and City of Deer Park have all enacted the Fire Danger Burn Restriction. Due to short-range weather forecast, along with the low amount of rainfall this spring in Spokane County and discussions with our area Fire Chief partners, we feel it is prudent to initiate Burn Restrictions for Spokane County until further notice.
Unauthorized open burning and unauthorized recreational fires are restricted until this order is lifted or unless otherwise permitted by law enforcement or authorized agencies. Rule burns (burns without a written permit issued by DNR) and permit burns are prohibited by DNR within Spokane County. Campfires are only allowed in approved designated campgrounds.
Breathing smoke affects the respiratory system and is especially harmful to everyone and most especially, younger, and elderly generations, and those with heart and respiratory conditions. Details, including photos of devices allowed/not allowed can be found here.
EPA’s Leadership
On March 11th, Michael S. Regan was sworn in as Administrator of the Environmental Protection Agency replacing Andrew S. Wheeler.
Prior to his nomination as EPA Administrator, Michael Regan served as the Secretary of the North Carolina Department of Environmental Quality (DEQ), Associate Vice President of U.S. Climate and Energy, and as Southeast Regional Director of the Environmental Defense Fund, and national program manager responsible for designing strategic solutions with industry and corporate stakeholders with the USEPA.
Other EPA administrative staff include Chief of Staff Dan Utech (1/20/2021) and Special Assistant to the Administrator John Lucey (1/20/2021). The Deputy Administrator position is still vacant but 1/15/2021 Biden identified Janet McCabe as his nominee. EPA’s administrative organization chart is available at https://www.epa.gov/aboutepa/organization-chart-office-administrator.
OSHA’s Leadership
On April 9th, President Biden announced Doug Parker is his nominee to lead OSHA, replacing Acting Assistant Secretary of OSHA Loren E. Sweatt . From the official announcement (link below)
Doug “previously served in the Obama Administration as Deputy Assistant Secretary for Policy in the Department of Labor’s Mine Safety and Health Administration, and was a member of the Biden-Harris transition team focused on worker health and safety issues. He also held positions as a senior policy advisor and special assistant at the Department of Labor. He currently serves as chief of California’s Division of Occupational Safety and Health (Cal/OSHA)”.
Other OSHA leaders include Chief of Staff Leah Ford (2/16/2021), Principal Deputy Assistant Secretary James Frederick (1/28/2021), Deputy Assistant Secretary for Pandemic and Emergency Response Joseph Hughes, Jr. (1/28/2021), and Deputy Assistant Secretary Amanda Edens (4/1/2021). OSHA’s administrative organization chart is available at https://www.osha.gov/sites/default/files/OSHAorgchart.pdf.
Safety Fest 2021 (Boise) – Chemical PFAS
Beth Hodgson presented today at the Safety Fest of the Great Northwest virtual conference on “Chemical PFAS – Health & Remediation Update”. Polyfluroalkyl Substances (PFAS) are manmade chemicals with a carbon and fluorine atom backbone that are “forever” chemicals. Copies of the handouts, EPA December 2021 guidance, and EPA FACT sheet are available here.
Happy New Year
Beth Hodgson and the staff at Spring Environmental wish you a Happy New Year and encourage you to register early for your 2021 training. https://springenvironmental.com/training/registration/
Check out our LinkedIn and FaceBook pages for more about Spring Environmental and plans for 2021.