Audit, Compliance and Risk Blog

Late in May 2015, the Department of Homeland Security (DHS) issued guidelines under which qualifying chemical facilities can apply for expedited approval of site safety plans (SSPs) intended to protect the facilities against criminal or terrorist activity. These guidelines respond to a Congressional requirement included in amendments adopted in December 2014 to DHS’ Chemical Facility Anti-terrorism Standards (CFATS) program.

Management of chemicals by your organization raises a host of environmental health and safety (EH&S) issues.  Some of those issues are represented by legal and regulatory compliance requirements, others by formal but non-binding programs that range from company policies to ISO certifications.  In response, organizations adopt and implement a wide variety of EH&S programs, including very broad ones (e.g., compliance with the Hazard Communication Standard) as well as very narrow ones (e.g., programs for managing entry into Confined Spaces).  Organizations with sufficient resources and the will to organize themselves will create systematic programs to evaluate EH&S issues to ensure they’re addressed, and to design and coordinate programs in ways that do so effectively and efficiently. (In 2013-2014 I prepared a series of e-books that outlined EH&S regulatory requirements triggered by chemicals - click here to download).

Did you know that “what you drive, how you drive, and what fuel you use can impact both the environment and your pocketbook?” The U.S. Environmental Protection Agency (EPA) has put together a Green Vehicle Guide website that provides useful information and answers to all your questions about how you can go green on the road and save money too.

The federal Clean Water Act (CWA) and state water quality laws (including California’s Porter-Cologne Water Quality Control Act) govern activities that may affect “waters of the United States.” Routine discharges from industrial and public sources make up most potentially polluting discharges, and are subject to National Pollutant Discharge Elimination System (NPDES) permits and California Waste Discharge Requirements (WDRs), but additional requirements also apply to potential “storm water” runoff from rainwater and snow, which can entrain oils and other pollutants and wash them down storm drains into water bodies. The US Environmental Protection Agency (EPA) established the first broad-based national program in 1990, and has revised and expanded requirements over the past quarter century (often in response to court decisions finding its efforts inadequate). States have followed suit. For example, in 2014 California updated its industrial storm water requirements, replacing a general permit adopted in 1997 with a new one that becomes effective on July 1, 2015. The new permit revises and expands requirements, including narrowing exemptions for “light industry” facilities to become conditional exemptions subject to certification requirements, and addition of detailed requirements for “preproduction plastic” materials. The remainder of this note summarizes the new California requirements, which generally are comparable to EPA’s national general permit (last updated in 2008)–so readers outside California should remember that your facilities face analogous responsibilities.

You’ve likely heard it said that “everything we need to know we learned in kindergarten.” Well, that includes the benefits of taking a nap in the middle of the day, which has been shown to improve attitudes and enhance the ability to learn and manage tasks. Young children and elderly persons tend to nap, and napping is an important aspect of many cultures. However, as a nation, the United States appears to be becoming more and more sleep deprived. General reluctance to take naps may be attributed to a busy lifestyle and the demands of the North American workplace, or to the idea that napping will interfere with our nighttime sleep, or the stigma that napping equals laziness and results in poor productivity.

What is “green infrastructure”? Green infrastructure incorporates vegetation, soils, and natural processes to manage water and create healthier urban environments. When talking about an area the size of an entire city or county, green infrastructure refers to an assorted collection of natural areas that provide habitat, flood protection, cleaner air, and cleaner water. When referring to an individual neighborhood or smaller locale, green infrastructure refers to stormwater management systems that simulate nature by soaking up and storing water, which then can be redirected back into sustainable usage by those communities.

Last week the U.S. Occupational Safety and Health Administration (OSHA) issued its first detailed standard requiring employers in the construction sector to define confined spaces in their workplaces, and to implement training and safety programs to protect employees. This new standard incorporates longstanding requirements for most employers (what OSHA calls “General Industry”), with enhancements based on ongoing experience. Whether your organization is in construction, general industry, or another specialized sector, OSHA’s new standard provides a reminder to consider confined space safety in your workplaces. The following discussion summarizes the main issues and associated compliance requirements. 

The Occupational Safety and Health Administration (OSHA) adopted massive changes to its Hazard Communication Standard (HCS or Hazcom) effective May 25, 2012, updating chemical information, labeling and training requirements that had been in place since the 1980s. These revised requirements conform U.S. requirements to international guidelines under the U.N.-sponsored Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Recognizing the extent of these changes, OSHA provided multi-year compliance phase-ins for employers whose workers manufacture, distribute or use chemicals. The next such deadline is June 1, 2015, when Safety Data Sheets (SDSs) must replace Material Safety Data Sheets (MSDSs) and end-user employers must ensure that their Hazcom programs reflect most of the revised requirements.

As global attention to climate change and greenhouse gas (GHG) emissions has grown over the past two decades, California has been one of the leading jurisdictions. This began with statewide planning efforts in the 1990s, designed to identify and quantify GHG emissions. After the turn of the millennium it expanded to significant control requirements imposed on targeted source categories—notably a 2002 law (AB 1493) requiring the world’s first GHG emission limits on motor vehicles.

As most readers know, employers have very broad responsibilities to provide their employees with a workplace that is “free from recognized hazards.” To meet this Employer’s General Duty, employers must do more than just identify and comply with applicable safety standards issued by the Occupational Safety and Health Administration (OSHA) and its equivalent (I discussed this general provision here). Employers also must take other – unspecified – steps to identify and “recognize” unregulated hazards. One important version of these steps is to watch for non-binding recommendations from OSHA, the National Institute for Occupational Safety and Health (NIOSH), and other credible organizations in industry, government and academia,