Environmental Health and Safety Blog | EHSWire

Paula Kaufmann, CIH

The EPA hosted a 3-hour webinar on November 16, 2011 that reviewed the reporting process for the 2012 Chemical Data Reporting (CDR) Rule with a focus on joint reporting, considerations related to the reporting of byproducts, and updated information about registering for electronic reporting and for using the electronic reporting tool/  The EPA has posted the presentation slides online and expects to have a recording of the webinar available for viewing by December 1.

Webinar Take Aways – Still Many Questions

• The Agency has prepared a detailed instruction manual for the 2012 CDR that presents the reporting requirements using a decision logic diagram.


• Registration for the EPA Central Data Exchange (CDX) for CDR submission is scheduled to be opened on December 1.  The sign-up link will be posted on the IUR/CDR Home Page. (Emilcott will also post it on our TSCA Resource Web Page.)


• e-CDR web, the CDR reporting tool, is scheduled to be available in January.


• The TSCA Substance Registry Services (SRS) will be updated in January.


• Additional resources will continue to be posted at www.epa.gov/cdr.


• A few of the new requirements highlighted during the presentation brought in many questions during the subsequent 2-hour webinar Q&A – specifically concerning Contract Manufacturing, Joint Submission, and byproducts reporting.

Some of the questions not answered during the webinar that we found of particular interest are:

• What are the reporting responsibilities for toll manufacturers where the volume of a chemical made for one customer is less than 25,000 lbs but they manufacture for several customers putting the cumulative volume above the threshold?


• What does one do since the XML Schema that is currently posted does not function properly, and is stated to be the final version?


• Does starting material that is recycled (and reused) need to be reported since the material was not manufactured at the site?


• If off-specification material is reprocessed, does the material gained from the reprocessing get reported as a byproduct or is it included in the overall production volume?


• How does one account for non-isolated intermediates that are isolated and then reprocessed due to maintenance activities or upset conditions?


• What are the reporting responsibilities for an importer if the supplier does not agree to be a joint submitter?

As the reporting period nears we will be taking a careful look at the rationales and explanations provided in the Preamble to the Final Rule as the buck stops with the final rule as published.

If you need guidance for the EPA TSCA 2012 CDR Submission, Emilcott offers three helpful options

1. Contact Emilcott  directly with your questions about TSCA or other regulatory issues.


2. Subscribe to our free TSCA newsletter which delivers TSCA-related information just like this right to your mailbox.


3. Register for our free Dec 6 webinar:  Do You Understand TSCA 2012 CDR Requirements?

Paula Kaufmann, CIH

Did you know that the OSHA Illness and Injury Summary Log, 300A, is used for more than just recordkeeping at your site?  By documenting your company’s illness and injuries properly, you shape OSHA’s future initiatives!  Specifically, OSHA Summary 300A Forms are gathered by the OSHA Data Initiative (ODI) to help direct OSHA programs and measure its own performance.  

How does OSHA get this information?

OSHA gets these data from two sources:

• As part of an annual survey, the Bureau of Labor Statistics (BLS) sends injury and illness survey forms to randomly selected employers and uses the information to create the Nation's occupational injury and illness statistics.


• The OSHA Data Initiative mails its annual survey (in June) that collects data on injuries and acute illnesses attributable to work-related activities in private-sector industries from approximately 80,000 establishments in selected high hazard industries. In 2010, OSHA also collected this information from approximately 20,000 establishments in the construction industry in addition to the non-construction establishments. The Agency uses these data to calculate establishment-specific injury/illness rates, and in combination with other data sources, to target enforcement and compliance assistance activities. Traditionally, OSHA collects data from the establishments that meet the following categories, but as we saw in 2010, OSHA can expand these criteria.
  
  
  
  • Non-construction industries with 40 or more employees are chosen randomly
  
  
  • Non-respondents in the previous collection year
  
  
  • Site with an inspection or consultation visit for performance measurement
  
  
  • DART rate (days away from work, restriction or transfer) of 7.0 or higher in previous data collection
  
  
  
  

Does the data really help OSHA?

Now that OSHA has the data from BLS and the ODI, the Agency uses the information to

• Calculate and establish specific injury and illness incidence rates


• Develop targeted intervention programs (i.e., inspections and enforcement action)


• Assist inspectors so that they can direct their efforts to the higher incidents hazards that are hurting workers.


• Measure the success of agency efforts to reduce the number of workplace injuries and illnesses in select high-hazard industries


• Provide the base data for the BLS Annual Survey of Occupational Injuries and Illnesses, the Nation's primary source of occupational injury and illness data.

What is your role?

Be a savvy and educated reporter of your company’s illness and injury information. Understanding the OSHA 300 log reporting requirements will ensure an accurate portrayal of worker health and safety as well as maintaining OSHA compliance. Can you answer the following questions?

• How do I complete the OSHA 300 Log and Form 301?


• Am I required to post an OSHA Form 300A ? How do I know if I am exempt? 


• What is classified as a work-related illness or injury? 


• How do I fill the forms in correctly without over-reporting?


• Do I have to fill in the form if I have no recordable injuries or illnesses in the previous year? What are the rules for posting?


• Once the form is filled in and submitted, if requested by BLS or OSHA, are there other legal requirements I should know?

Not convinced that recordkeeping is important?

Besides providing a visible record of worker safety benchmarks and improvements (or worse, tragedies and reversals), establishments that are requested to but fail to submit a completed data collection form may be subject to OSHA enforcement actions, including the issuance of a citation and assessment of penalties!  So, take the time understand OSHA’s reporting requirements and implement them correctly – it affects your company and the nation’s workers.

If you need assistance with OSHA recordkeeping, Emilcott offers a variety of ways to help your business stay in compliance from a webinar-based course that outlines the rules and regulations to the development of complete health and safety plans. Or, if you have an OSHA recordkeeping question, just ask us!