Environmental, Health and Safety Brief for November

EHS Brief – November 2016

DOL announces start date for federal contractor disclosure requirements

The final regulations, scheduled to go into effect in phases beginning on Oct. 25, require employers bidding for a federal contract worth at least $500,000 to disclose any of 14 established violations of workplace protections cited during the previous three years. Violations that must be disclosed include those related to safety and health, family and medical leave, civil rights protections, collective bargaining, and wages. This rule is on hold as a result of a Texas judge issuing an injunction stating the ruling appears to conflict with existing labor laws. The DOL has not issued any statement as of this time. The disclosure requirements are part of the Fair Pay and Safe Workplaces Executive Order 13673. More information can be found by clicking here.

 

Potential rule on sleep apnea is in the making

Sleep Apnea, typically known as Obstructive Sleep Apnea (OSA), is a respiratory disorder that can cause frequent breathing interruptions during sleep. The condition affects 28 percent of commercial motor vehicle drivers, according to an FMCSA-sponsored study conducted by the University of Pennsylvania. It can lead to impairment or inattentiveness during waking hours if left untreated. Additionally, OSA is associated with increased risk for other adverse health conditions such as: hypertension (high blood pressure), diabetes, obesity, cardiac dysrhythmias (irregular heartbeat), myocardial infarction (heart attack), stroke, and sudden cardiac death.

Pursuant to safety sensitive positions such as truck drivers and railroad engineers, the Secretary of Labor and the Federal Railroad Administration have statutory authority to issue regulations to address the safety risks posed by employees in such safety sensitive positions that are afflicted with OSA. The proposed rule has drawn much praise and much criticism. More information can be found by clicking here.

Is the waste generated at your facility a Hazardous Waste?

Many in our industry have activities that generate waste and some of that waste would be defined as hazardous under the rules of the Resource Conservation And Recovery Act (RCRA). It would be wise to determine which waste is hazardous by definition and then calculate how much waste is generated in a month. This would tell you if your facility is a Very Small Quantity Generator (VSQG), a Small Quantity Generator (SQG) or a Large Quantity Generator (LQG). Each has its own quantity thresholds and record-keeping requirements. You can find the rules relating to hazardous waste in the link below. Due to the lengthy and complex rule, help from a consultant is recommended.  Click here for more information.

Reminder: If you have hot mix facilities or other facilities that currently operate under Multi-Sector General Storm Water permits (TXR050000) then you have until Nov. 14, 2016, to renew those permits with the TCEQ. For more information click here.

Health

POISONOUS PLANTS

Many native and exotic plants are poisonous to humans when ingested or if there is skin contact with plant chemicals. However, the most common problems with poisonous plants arise from contact with the sap oil of several native plants that cause an allergic skin reaction—poison ivy, poison oak and poison sumac.

Outdoor workers may be exposed to poisonous plants. Outdoor workers at risk include farmers, foresters, landscapers, groundskeepers, gardeners, painters, roofers, pavers, construction workers, laborers, mechanics, and any other workers who spend time outside. Forestry workers and firefighters who battle forest fires are at additional risk because they could potentially develop rashes and lung irritation from contact with damaged or burning poisonous plants.

The photos below are courtesy of the U.S. Department of Agriculture and the information was provided by the National Institute for Occupational Safety and Health (NIOSH).

 

•Poison ivy is typically a hairy, ropelike vine with three shiny green (or red in the fall) leaves budding from one small stem but can be present as a low shrub with three leaves.

•May have yellow or green flowers and white to green-yellow or amber berries

 

•Typically a shrub with leaves of three, similar to poison ivy but can be vine-like

•May have yellow or green flowers and clusters of green-yellow or white berries

 

•Woody shrub that has stems that contain seven to 13 leaves arranged in pairs

•May have glossy, pale yellow, or cream-colored berries