Senators Introduce The Protecting Firefighters from Adverse Substances (PFAS) Act of 2019

This week, U.S. Senators Cory Gardner (R-CO), Gary Peters (D-MI), Dan Sullivan (R-AK), and Maggie Hassan (D-NH) introduced legislation that would require FEMA to develop guidance for firefighters and other emergency response personnel on best practices to protect them from exposure to PFAS and to limit and prevent the release of PFAS into the environment.

“Our firefighters and emergency responders in Colorado and around the country risk everything to protect our communities, and it is our duty to make sure they are educated on the best ways to avoid and mitigate any PFAS exposure during emergency response and training activities,” said Senator Gardner. “This bipartisan legislation will provide resources to help educate our first responders and limit PFAS exposure. PFAS contamination is a serious issue facing our communities, and I will continue working to make sure Coloradans are provided with the most up to date information concerning PFAS as research regarding their effects on human health continues.”

“Firefighters are unfortunately exposed to extremely high levels of PFAS chemicals in the line of duty. Despite evidence linking PFAS to serious health problems, very little has been done to address the impact these chemicals can have on the health of the brave men and women who look out for our own safety,” said Senator Peters. “I’m proud to lead the way on this bipartisan initiative, which will encourage safer practices and raise awareness about the emerging public health risks that these forever chemicals pose to the heroes that keep our communities safe in emergency situations.”

“As Congress continues to understand and address the risks of certain PFAS chemicals to our first responders and the environment in which it’s used, I am glad to join a strong, bipartisan coalition focused on addressing this challenge,” said Senator Sullivan. “This bill is yet another important step toward employing safer practices, limiting exposure to our brave emergency personnel, reducing impacts on our communities, and exploring effective and responsible alternatives to PFAS.”

“Firefighters and first responders put their lives on the line every day to help others – and it is our responsibility to do everything we can to protect their health and safety,” said Senator Hassan. “Given the extensive health issues that can arise from exposure to PFAS chemicals, I joined my colleagues in introducing this bipartisan bill to help protect first responders from the risks of these dangerous chemicals.”

To view the press release on this bill please visit here.

The Cal/OSH Standards Board unanimously approved emergency protections for workers exposed to wildfire smoke. It applies to workplaces where the Air Quality Index reaches 151 – unhealthy – and when employers “should reasonably anticipate” that employees may be exposed to wildfire smoke. Exempted are indoor workplaces and enclosed vehicles with filtered air, firefighters engaged in wildland firefighting, and employees with short-term exposure to the foul air (no more than one hour).

Employers will have to monitor their worksites during fire season to check for particulate matter 2.5, the pollutant of concern. Employers would then have to move workers to an indoor location with filtered air or move them to a location where the AQI is below 151. If that’s not feasible, they will have to provide workers with respirators, such as N95s, for voluntary use and train them on the new regulation.

Only in extreme situations – an AQI above 500 – will respirator use be mandatory. Cal/OSHA says such situations are “very rare,” as Division of Occupational Safety and Health Deputy Chief for Health Eric Berg says. But employer representatives say they are not as rare as the Division characterizes them.

See the Cal-OSHA Reporter article here for more information on the Standards Board decision and the steps required to formalize this as a law.

Effective 8 a.m., Wednesday, July 24, 2019: Due to the current and forecasted hot, dry conditions, specified outdoor recreational fires (campfires, fire bowls, and fire pits) have been restricted throughout unincorporated and incorporated areas of Spokane County by order fire marshals and county officials. The restrictions will continue until further notice and are subject to change depending on conditions.

Citizens may still use backyard barbecues, manufactured portable outdoor fireplaces or other patio/deck warmers, provided the appliance has a spark arrester and a chimney, approved fuel is used, and weather conditions support safe recreational fires. Approved fuels include seasoned (clean/dry) firewood, briquettes, propane, or natural gas.

Details, including photos of devices allowed/not allowed are linked here.

Washington State E2SHB2158

According to a March 20, 2019 article in the Seattle Time, Microsoft and UW leaders  wanted to establish a dedicated workforce education investment fund that will create the learning opportunities that our state’s families need and deserve. The new fund would do this in three ways.

1. Expand access for all deserving students with more funding for financial aid like the state need grant, guaranteeing this grant is available to all who are eligible. And let’s make it usable for the broader range of 21st century learning opportunities that have become important.
2. Expand the state’s learning opportunities in all areas of postsecondary education. Many of today’s students and tomorrow’s workforce will benefit by pursuing career pathways that take them through community and technical colleges or apprenticeships, with counseling support to provide students from all backgrounds the help they need to complete their education and seek a new job.
3. Expand capacity at our public community and technical colleges and our four-year colleges and universities so deserving students can obtain the credentials our employers are requiring.

The legislative took this proposal and ran with it.  A brief Summary of the Engrossed 2nd Substitute Bill which passed both the House and the Senate on Sunday April 28th:

• Establishes a Legislative Workforce Education Investment Accountability and Oversight Board.
• Establishes the Washington College Grant Program, the Washington Student Loan Program, and a career connected learning cross-agency work group and grant program.
• Makes changes to the Working Connections Child Care Program and the Washington State Opportunity Scholarship. Imposes a 20 percent business and occupation (B&O) surcharge on the income from service and other activities of select businesses.
• Imposes a 33.33 percent B&O surcharge on the income from service and other activities of advanced computing businesses with revenue of more than $25 billion but less than $100 billion.
• Imposes a 66.66 percent B&O surcharge on the income from service and other activities of advanced computing businesses with revenue of more than $100 billion. Establishes a Workforce Education Investment Account.
• Makes biennial operating budget appropriations for the 2019-21 biennial.

See the summary here for more information on each of these aspects of the new legislation heading to the Governor Monday.

The Department of Ecology adopted amendments to Chapter 173-303 WAC Dangerous Waste Regulations on January 28, 2019.  The amendments become effective 90 days after adoption on April 28, 2019.   These regulations set standards for the safe management of dangerous wastes. Ecology amended specific sections of the dangerous waste regulations to incorporate new federal hazardous waste rules, including but not limited to:

1)     Conditional Exclusions for Solvent-Contaminated Wipes
2)     Revisions to the Definition of Solid Waste
3)     Revisions to the Export Provisions of the Cathode Ray Tube (CRT) Rule.
4)     Hazardous Waste Generator Improvements Rule
5)     Hazardous Waste Export-Import Revisions
6)     Hazardous Waste Electronic Manifest Rule

Amendments also include several state-initiated technical and editorial corrections and clarifications. Substantive changes include, but are not limited to:

• Changes to the PCB waste exclusion to reduce duplicative regulation of state-only PCB wastes also regulated under the Toxic Substance Control Act 40 CFR Part 760.
• Above-ground signage requirements for underground dangerous waste tanks to increase safety awareness.

A summary of the amendments is available here.  Contact Spring Environmental for additional guidance on implementing the new rules.

It’s time to prepare, certify and post your OSHA 300A Annual Summary of workplace injuries and illnesses in your workplace. This is required for all U.S. employers, except those with ten or fewer employees or those whose NAICS code is in the set of low-hazard industries exempt from OSHA’s injury and illness recordkeeping requirements.

In addition, by March 2, 2019, establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses. If employers in State Plan states (e.g. Washington) have questions about their obligation to submit injury and illness information, please contact your State Plan office.

Washington has seen a dramatic shift in oil transportation recently, both in the types of oil and in the locations where large quantities of oil are transported. These changes affect the risks associated with oil transportation. Many communities don’t have response resources for spills of oil or hazardous materials. To help solve this problem, the Washington State Department of Ecology provides equipment and training grants to emergency responders. These grants help local communities effectively prepare for and respond to spills.

Funding is available for the following entities:

• Washington counties, cities, and municipalities
• Other state recognized local governments
  • Ports
  • Public utility districts
  • Other special purpose districts (e.g., Clean Air Agencies, Fire Protection)
• Federally recognized tribal governments
• Washington state agencies

To be considered, the community the agency responds to must have a substantial threat of an oil spill or hazardous materials incident occurring in their jurisdiction. The grant is primarily intended to assist emergency responders in purchasing equipment they would not otherwise be able to purchase.

Grant applications will be accepted January 2, 2019 – March 6, 2019. See Ecology’s grant website for further information.

Decontamination is a vital part in any emergency response effort.  You never know what you may have come in contact with that can affect not only your health, but the health of those around you.  For decontamination to be effective, preparedness is the key.  It is important that you maintain open communications on the hazards that you face in your work or hazard environment.  You should also establish operational and emergency procedures to be prepared for an incident response.  Personnel protective equipment selection criteria should be put into place as well to ensure the safety and health of the responders.  Some elements to consider are the levels of protective equipment that may be required, whether it’s disposable or re-usable, how to layer to avoid cross-contamination during doffing procedures, whether physical, chemical or combination decontamination will be used, and how to collect and dispose of contaminated items.  Overall, communication, training, practice drills and periodic program reviews will provide feedback to ensure that your decontamination plan is effective, up-to-date, and ready for implementation should an event occur.

For more information on decontamination, review chapter 10 of DHHS (NIOSH) Publication Number 85-115 @ https://www.cdc.gov/niosh/docs/85-115/pdfs/85-115-d.pdf?id=10.26616/NIOSHPUB85115

Restrictions on outdoor burning and the use of uncertified wood burning stoves and fireplaces begins at 10 a.m., Sunday, November 18, 2018. The ban will remain in place until further notice.

Spokane Regional Clean Air Agency is issuing the “Stage 1 Burn Ban” because concentrations of air pollutants are expected to increase putting residents at risk. Under a Stage 1 “yellow” burn ban: 

• The use of uncertified wood stoves, fireplaces, inserts and other uncertified wood-burning devices is prohibited in the Smoke Control Zone, unless they are a home’s only adequate source of heat.*
• EPA-certified wood stoves, pellet stoves and other certified wood-burning devices are allowed.
• All outdoor burning is banned throughout Spokane County.

* If you don’t have an adequate source of heat, contact Spokane Clean Air for an exemption. Click here for details.

OSHA has scheduled a Notice of Proposed Rulemaking for March 2019 in regards to the agencies intention of updating the current Hazard Communication Standard.  The current standard, which is derived from the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), was issued in 2012.  The GHS is a living document and therefor has had many revisions made to it since its inception in 2008.  The current GHS-HazCom was based on the third edition of the GHS and now OSHA is looking to incorporate revisions 4 through 7 into the new standard.

With the inclusion of the 4 revisions, there are many areas for potential change within the GHS-HazCom.  Some possible changes are:

• Updates to multiple SDS sections to provide further clarity and instruction
• Updated labeling elements e.g. hazards, guidance, precautionary statements
• New physical hazard class, categories and categorization criteria

Additional details are available from OSHA and Lexology.