Environmental Health and Safety Blog | EHSWire

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Topics: Emilcott, Occupational Safety and Health Administration (OSH, OSH Act of 1970, Occupational Safety and Health ACT, OSHA Progression

Our blog, The Challenge of Dust Control on Construction Sites in Winter, continues to get viewed 2 years after its initial posting! 

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Topics: Emilcott, dust control, dust control in winter, controlling dust on construction sites in winter, Challenge of Dust Control on Construction Sites in

by Barbara Alves

As part of the Center for Disease Control and Prevention (CDC), the National Institute for Occupational Safety & Health (NIOSH) is founded on a mission “to provide national and world leadership to prevent workplace Illness and Injury”. 

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Topics: Emilcott, NIOSH, EHS, Environmental, Health and Safety Professionals, NIOSH Total Worker Health Program

Those in the world of Chemistry and Chemical Manufacturing are hoping that 2013 is the year that the Toxic Substances Control Act (TSCA) will be modernized. Updates to TSCA would reflect five years of work by organizations such as the American Chemistry Council (ACC) and the Society of Chemical Manufacturers & Affiliates (SOCMA) to ensure workplace and environmental safety in terms of toxic substances. 

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Topics: Emilcott, Toxic Substances Control Act (TSCA), 2013 TSCA Modernization, Modernizing TSCA, American Chemistry Council (ACC), Society of Chemical Manufacturers & Affiliates (SO

There has been a lot of talk about the sequestration and across the board budget cuts. OSHA is not exempt from the March 1^st mandate. In fact, OSHA is directed to cut it’s $564.8 million budget by 8.2 percent. Safety advocates estimate OSHA will conduct 2,100 fewer inspections this year to comply with terms of the sequester.  What do the $46 million in budget cuts mean for your business? It means being more compliant than ever.

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Topics: Emilcott, Occupational Safety and Health Administration (OSH, OSHA, Sequester Cuts Affect OSHA

The Environmental Protection Agency (EPA) has released detailed information on the use of chemicals and chemical production in the United States in a February 11, 2013 Chemical Data Reporting (CDR). This public document contains data collected by the EPA in 2012 under the CDR Rule which requires manufacturers and importers to submit information about the chemicals produced or imported during in 2011.

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Topics: Emilcott, The Environmental Protection Agency (EPA), Chemical Data Reporting (CDR), Toxic Substances Control Act, EPA’s 2012 CDR information

The following are important regulatory submission dates for 2013. These apply to regulations such as the EPA TSCA New Chemicals, OSHA Injury and Illness Recordkeepingand Reporting, the NJ Emission Statement Rule and many others. 

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Topics: Emilcott, EPCRA Section 312, NPDES, EPA TSCA, OSHA Injury, NJ Emission Rule, EPA Resource Conservation and Recovery Act

by Bruce D. Groves

On August 16, 2012, OSHA issued its criteria of when an employer could be removed from their Severe Violator Enforcement Program (SVEP).  The SVEP has been in effect since June 2010, replacing OSHA’s much-criticized Enhanced Enforcement Program (EEP). The SVEP is intended to focus the agency’s enforcement resources on those employers believed to demonstrate “indifference” to their responsibilities to workplace safety by committing any of the following:

• Any violation categorized as “Egregious”


• One or more Willful, Repeat or Failure-to-Abate violations associated with a fatality or the overnight hospitalization of three or more employees


• Two or more Willful, Repeat or Failure-to-Abate violations in connection with a high emphasis hazard (generally speaking, the subjects of OSHA’s special emphasis programs, including falls, amputations, grain handling, etc.)


• Three or more Willful, Repeat or Failure-to-Abate violations related to Process Safety Management (prevention of the release of  a highly hazardous chemical)

Considering that OSHA’s mission is to not only to protect worker safety, but reduce workplace hazards through both enforcement and outreach, recognition of an employer who turns their safety efforts around and improves working conditions for employees is good policy. Generally, an employer may be considered for removal from the program after:

1. A period of 3 years from the date of the final disposition of the SVEP inspection citation items including: failure to contest, settlement agreement, Occupational Safety and Health Review Commission final order or court of appeals decision; and


2. All affirmed violations have been abated, all final penalties have been paid, the employer has abided by and completed all settlement provisions and has not received any additional serious citations related to the hazards identified in the SVEP inspection at the initial establishment or at any related establishments.

In the event an employer fails to adhere to the terms and provisions of the agreement, the employer will remain in the program for an additional 3 years and will then be reevaluated. Except in cases where national corporate-wide settlements are involved, approval of the employer's removal will be at the discretion of the regional administrator or designee and will be based on an additional follow-up inspection and IMIS/OIS data.

For more information visit http://s.dol.gov/VD.

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Topics: Emilcott, OSHA, workplace safety, General Industry H&S, SVEP, Severe Violator Enforcement Program, OSHA Compliance

On August 17, 2012 OSHA (Occupational Safety and Health Administration) issued a direct final rule and notice of proposed rulemaking regarding cranes and derricks. The final rule serves to protect workers from dangers commonly found with hoisting equipment in construction. It applies the requirements of the 2010 standard for cranes and derricks, which are standardly used in demolition and underground construction of shafts and sub-shafts, among other structures. Rules already in place for underground construction and demolition by other construction sectors are the guiding force behind this final rule, and several errors in the 2010 rulemaking are now corrected, to make it easier to understand and employ by employers and workers.



This direct final rule becomes effective on November 15, 2012, barring significant adverse comments by September 17 ^th of this year. Should OSHA receive enough adverse comments, the notice of proposed rulemaking allows it to prolong the notice-and-comment part of the rulemaking initiative, by removing the direct final rule until a later date.

Interested parties may use this link: http://www.regulations.gov to register comments via the Internet. Comments may also be sent by FAX or mail; details can be found at the Federal Register.  All comments must be submitted by September 17, 2012.

OSHA’s official mandate is that it ensures safe working conditions for employees by regulating and enforcing consistent standards, and providing training, education and assistance. You can learn more about OHSA and see the official notice regarding final rule and notice of proposed rulemaking at their website: http://www.osha.gov.

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Topics: Emilcott, OSHA, General Industry H&S, OSHA Compliance, cranes and derricks standard, General EHS, Construction H&S, Subpart CC, 1926.800, Underground Construction

June 13, 2012:  The EPA has changed its EPCRA Section 312 Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II), adding new requirements and optional data elements. The Environmental Protection Agency has also made revisions to some current data elements in the chemical reporting section, to streamline the process of reporting and making it easier for facilities, states, and local officials to abide by reporting requirements.



Its final ruling has the EPA adding new mandatory data elements to the Tier I and II forms as follows (an update from the EPA's Superfund, TRI, EPCRA, RMP, and Oil Information Center):

“The facility's latitude and longitude; identification numbers assigned under the TRI program and risk management program; whether the facility is manned or unmanned; the maximum number of occupants present at the facility at any one time; whether the facility is subject to EPCRA Section 302 and the Clean Air Act Section 112(r) risk management program; contact information for the individual responsible for completing the forms; emergency coordinator contact information for facilities subject to EPCRA Section 302; and e-mail addresses for the owner or operator and emergency contact. The rule also revised the range codes on the forms for the maximum amount and the average daily amount of the hazardous chemical at the facility and added optional data elements for the facility phone number and parent company contact information.”

The changes also include items specific to the Tier II forms, with different data fields added to enable reports on pure chemicals and mixtures. In addition, facilities will be required to provide detailed descriptions of storage types and conditions, rather than previously-mandated codes. Revisions also include the new ability of facilities to report additional state or local requirements, or to voluntarily report hazardous chemicals lower than the current reporting thresholds.

This rule will become effective January 1, 2014. Facilities are required to comply with new regulations starting with reporting year 2013, and due March 1, 2014.

Additional information can be found at the EPA's website: www.epa.gov/emergencies/content/epcra

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Topics: Emilcott, EPCRA Section 312, General Industry H&S, General EHS, EPA, Emergency and Hazardous Chemical Inventory Forms, Clean Air Act Section 112, EPCRA