Audit, Compliance and Risk Blog

Alert: Upcoming Changes to Requirements for Safety Recalls

Posted by STP Editorial Team on Wed, Oct 23, 2013

Do you know about these changes? Do you know their effective dates? Is your company ready to comply with each and every change? If your answer to any of these is “no”, or you have no idea what this alert is about, you’ll want to see the Federal Register notice that announced and described these changes. A copy can be found here.

Read More

Tags: Business & Legal, Health & Safety, OSHA

OSHA Proposes to Regulate Exposures to Respirable Crystalline Silica

Posted by Jon Elliott on Thu, Oct 17, 2013

The US Occupational Safety and Health Administration (OSHA) regulates thousands of chemicals, through a variety of regulatory standards.  At the broadest level, employers must evaluate basic information about every potentially hazardous chemical, and provide information to employees in compliance with OSHA's Hazard Communication Standard.  OSHA also provides somewhat-more-tailored requirements for classes of chemicals (such as flammables), and for types of activities that pose chemical hazards (such as welding).  For a small number of especially hazardous chemicals, OSHA provides a detailed standard applicable to a single chemical—examples include asbestos, benzene, and lead.  On September 12, 2013, OSHA published a proposal to establish just such a single chemical standard, for crystalline silica (29 CFR section 1910.1053).

Read More

Tags: Business & Legal, Health & Safety, OSHA, Environmental risks, Environmental, Hazcom, fracking, Oil & Gas

Changes in Hazmat Handling and CMV Driver Reports

Posted by STP Editorial Team on Tue, Oct 15, 2013

Recently, the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Motor Carrier Safety Administration (FMCSA) issued a new series of notices concerning hazardous materials handling and driver recordkeeping procedures. CMV drivers and transporters of hazardous materials should be alert to the following:

Read More

Tags: Business & Legal, Health & Safety, Training, Environmental risks, Hazcom, Oil & Gas

Je me souviens de…Offsetting GHG Emissions

Posted by Viola Funk on Wed, Sep 25, 2013

The greenhouse gas cap-and-trade program overseen by California’s Air Resources Board (ARB), which began earlier this year, not only allows for use of approved offsets to meet a portion of an entity’s emission reduction requirements. Entities will soon also be able to comply with the program by participating in its counterpart in the Canadian province of Quebec. By January 1, 2014, ARB’s cap-and-trade program will be linked with Quebec’s. A press release from ARB sums up key features of the linkage:

Read More

Tags: Health & Safety, Environmental risks, Environmental, EPA, Greenhouse Gas, ghg

California Adopts Safer Consumer Products Regulations

Posted by Jon Elliott on Thu, Sep 19, 2013

Do you know what's in the chemical products you buy and use, and whether they're "safe?"  Effective October 1, 2013, California regulations provide criteria and procedures for state-level identification and listing of likely-hazardous chemicals of concern.  Manufacturers and importers will be required to evaluate chemicals of concern in consumer products, their potential alternatives, and how best to limit exposure or reduce hazards.  Assemblers and retailers will have related responsibilities.  Although these requirements apply directly only within California, any reviews and reformulations are likely to affect global production and distribution decisions.

Read More

Tags: Health & Safety, California Legislation, Environmental, EHS, EPA, Hazcom

Motor Carrier Registration Systems to be Upgraded and Web-Based

Posted by Jon Elliott on Fri, Aug 30, 2013

Last week the Federal Motor Carrier Safety Administration (FMCSA) published major changes in the registration requirements it imposes on “motor carriers” that use roads and highways to transport materials—including hazardous materials.  Over the next two years, these changes will consolidate four separate registration systems into a new web-based Unified Registration System (URS), designed to cover every domestic entity subject to FMCSA authority.  Most elements of the new regulations will take effect on October 23, 2015, to allow FMCSA to develop additional URS features and to conduct several related rulemakings, and to allow regulated entities to prepare for the changes in compliance requirements.

Read More

Tags: Health & Safety, Environmental risks, Environmental, Hazcom, Transportation

Recent OSHA Updates

Posted by Viola Funk on Mon, Aug 26, 2013

OSHA Expands Exemption for Digger Derricks Used in Construction Work

On May 29, the Occupational Safety and Health Administration (OSHA) issued a final rule that revises the regulations for cranes and derricks used in construction. These amendments expand the digger-derrick exemption to include all digger derricks used in construction work subject to 29 CFR1926 subpart V, Power Transmission and Distribution. A digger derrick (also called a radial boom derrick) is a specialized type of equipment designed to install utility poles. This revision removes from coverage under 29 CFR 1926 subpart CC certain types of non-pole digger-derrick work described by Edison Electrical Institute. OSHA also made several minor clarifications to the text of the exemption.

Read More

Tags: Corporate Governance, Employer Best Practices, Health & Safety, OSHA, Employee Rights, Training, EHS

Obama Issues Executive Order On Chemical Facility Safety

Posted by Jon Elliott on Wed, Aug 21, 2013

One small but critically important sub-category of chemical incidents consists of those that can produce mass casualties, usually when a cloud of toxic or superheated gases are spewed out by a fire or explosion.  Given America’s fragmented approach to hazardous materials regulation, it’s no surprise that separate regulatory programs have grown up to address these concerns—leading inevitably to overlaps and gaps in coverage.

Read More

Tags: Corporate Governance, Business & Legal, Health & Safety, OSHA, Environmental risks, Environmental, EHS, EPA, Greenhouse Gas, Hazcom

EPA Excludes Solvent-Contaminated Wipes From RCRA Regulation

Posted by Jon Elliott on Wed, Aug 14, 2013

All hazardous wastes are not created equal.  The basic model is that:

Read More

Tags: Business & Legal, Employer Best Practices, Health & Safety, Environmental risks, Environmental, EHS, EPA, RCRA

Court Vacates SEC’s Resource Extractors’ Reporting Requirements

Posted by Jon Elliott on Fri, Jul 19, 2013

One of the Dodd-Frank Act’s many directives to the Securities and Exchange Commission (SEC) was to require annual disclosures by publicly listed “resource extraction issuers” of payments they make to the U.S. federal government or foreign governments, related to commercial development of oil, natural gas, or minerals.  SEC thought it met this directive when it issued Rule 13q-1 and associated Form SD in August 2012.  However, on July 2, 2013 a federal judge decided that SEC misapplied its authority, and so vacated these provisions and remanded the issue to SEC to try again (American Petroleum Institute v. SEC).  Since Dodd-Frank required issuer reporting to begin no less than one year after SEC issued rules, the issuer reporting requirement is now on hold—but the statutory requirement remains in place so further rulemaking should be expected.

Read More

Tags: Corporate Governance, Business & Legal, SEC, International, Health & Safety, Environmental, Greenhouse Gas, ghg, fracking, hydraulic fracking