2Toxics Release Inventory

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1 Volume XX No. 2 Pacific Management Services February 1, N Fine Ave. Suite 101, Fresno, CA Phone/Fax (559) pacmansot@pacificmgt.com Website: Forms 300 & 300A Requirements The Occupational Safety and Health (OSH) Act of 1970 requires certain employers to prepare and maintain records of work-related injuries and illnesses Many but not all employers must complete the OSHA s injury and illness recordkeeping forms on an ongoing basis. Employers with 10 or fewer employees throughout the previous calendar year do not need to complete these forms. Said another way, if there are more than 10 employees at any time during that calendar year, the employer may come under the requirement. When counting employees, you must include full-time, part-time, temporary, and seasonal workers. This exemption is based on the employment of the entire company rather than the establishment. For example, if a company has two establishments, one with 5 employees and one with 7 employees, the company must fill out the forms for each establishment because the company employment is greater than 10. In addition to the small employer exemption, there is an exemption for establishments classified in certain lowhazard industries. For example, the forms do not need to be completed for restaurants, banks, and medical offices. However, exempt establishments must still report to OSHA within 8 hours any work-related fatality. Work-related amputations, in-patient hospitalizations, and the loss of an eye must be reported to OSHA within 24 hours of learning of the incident. continued on page 5 (Work Related Injury & Illness)... See page 7 for SOT QuickTakes inside this issue 2Toxics Release Inventory (TRI) Data 3Whistleblower Protection Violations 6Enforcement News Form 300A must be posted February 1st through April 30th. Forms 300 & 300A may be downloaded from

2 February 1, Page Toxics Release Inventory Currently Available EPA s National Analysis of toxic chemicals that were managed as waste reveals a four percent increase between the years 2012 and 2013 The amount of toxic chemicals managed as waste by the nation s industrial facilities has increased, according to National Analyses released by the EPA. This increase includes the amount of chemicals recycled, treated, and burned for energy recovery, as well as the amount disposed of or otherwise released into the environment. In TRI, a release generally refers to a chemical that is emitted to the air, water, or placed in some type of land disposal. Most of these releases are subject to a variety of regulatory requirements designed to limit human and environmental harm. We all have a right to know what toxic chemicals are being used and released into our environment, and what steps companies are taking to reduce their releases to the environment or, better yet, prevent waste from being generated in the first place, said EPA Administrator Gina McCarthy. The TRI Program tracks this information and makes it accessible to citizens and The Toxics Release Inventory (TRI) contains information about more than 650 toxic chemicals that are being used, manufactured, treated, transported, or released into the environment. communities. And I m pleased to see that TRI data show such a commitment to release reductions and pollution prevention on the part of many industrial facilities. TRI data is submitted annually to EPA, states, and tribes by facilities in industry sectors such as manufacturing, metal mining, electric utilities, and commercial hazardous waste. Under the Emergency Planning and Community Right-to-Know Act (EPCRA), facilities must report their toxic chemical releases for the prior year to EPA by July 1 of each year. The Pollution Prevention Act of 1990 also requires facilities to submit information on pollution prevention and other waste management activities related to TRI chemicals. Over the past 10 years, total disposal or other releases to the environment have decreased 7 percent, despite a 15 percent increase from 2012 to The most recent increase was primarily due to increases in on-site land disposal from the metal mining sector, as has been the case in previous years. Metal mines typically handle large volumes continued on page 3 (Toxic Chemical Release)... New HMBP Requirements Clarified Bill Amends California Health and Safety Code by making technical and clarifying changes to the Hazardous Materials Disclosure Program New Senate Bill 1261, which took effect on January 1, 2015 pays specific attention to the Business Plan requirements in the State of California. The provisions in this bill, with certain exceptions noted below, and are enforceable at this time. The bill authorizes an increase in fees, extends the site map implementation deadline and exempts some gasses. The provisions are summarized as follows: 1. Requires that the EPA increase continued on page 4 (Hazardous Materials)... Vol XX No. 2 Editor: Jo Hansen 2014, Pacific Management Services, a service for clients, stakeholders and other interested parties, is written by Pacific Management staff, independent consultants and policymakers. It has been prepared solely to share general information regarding environmental and employee safety news and is not intended to constitute legal advice. Pacific Management Services makes no representation about the accuracy, completeness or relevance of this information. For more information, please visit our website at You can reach our corporate office at (559) or pacmansot@pacificmgt.com

3 February 1, Page 3 Whistleblower Protection Law Violated Railroad ordered by U.S. Labor Department to pay maximum punitive damages after retaliation against worker who reported injury Metro-North Commuter Railroad Company s actions against an injured worker have resulted in the largest punitive damages ever in a retaliation case under the Federal Railroad Safety Act. A recent investigation by the U.S. Labor Department s Occupational Safety and Health Administration revealed that the worker, who is employed as a coach cleaner for the commuter rail carrier, was retaliated against after reporting the knee injury he suffered on Nov. 17, As a result, the company has been ordered to pay the employee a total of $250,000 in punitive damages, $10,000 in compensatory damages and to cover reasonable attorney fees. While driving the injured employee to the hospital, a Metro-North supervisor also intimidated the worker, reportedly telling the worker that railroad employees who are hurt on the job are written up for safety and are not considered for advancement or promotions within the company. Unofficial reports from other employees appear to corroborate the supervisor s claims. For instance, one worker smashed her foot with a barrel while on the job, yet she did not file an accident report and showed up to work every day using crutches in hope of keeping her injury record clean. Another worker was injured when her hand was caught in a broken door but, like her coworker, she did not fill out an incident report for fear of reprisal. Shortly after the Connecticut employee reported the work-related injury, Metro-North issued disciplinary charges against him. The employee filed an anti-discrimination complaint with OSHA on April 19, An amended complaint was filed on April 9, 2013, after the railroad issued additional disciplinary charges against him. When employees, fearing retaliation, hesitate to report work-related injuries and the safety hazards that caused them, companies cannot fix safety problems and neither employees nor the public are safe, said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. In this case, the Metro-North s conduct was deliberate and discriminatory, and we have assessed the maximum amount in punitive damages allowed under the law. OSHA s Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. Rights afforded by these whistleblower acts continued on page 4 (Retaliation Protection)... Toxic Chemical Release continued from page 2... of material. In this sector, a small change in the chemical composition of the deposit being mined can lead to big changes in the amount of toxic chemicals reported nationally. Air releases from industrial facilities increased by 1 percent from 2012 to 2013, mainly due to increases from chemical manufacturing facilities and electric utilities that also experienced an increase in production. From 2012 to 2013, releases to water decreased by 2 percent, primarily due to decreases from the primary metals sector. The TRI report is available in a new interactive, Web-based format that features analyses and interactive maps showing data at a state, county, city, and zip code level. In addition, information about industry efforts to reduce pollution is accessible through the expanded TRI Pollution Prevention (P2) Search Tool, where the public can now identify P2 successes and compare environmental performance among facilities and companies that provide data to the TRI program.

4 February 1, Page 4 Retaliation Protection continued from page 3... include, but are not limited to, worker participation in safety and health activities, reporting a work related injury, illness or fatality, or reporting a violation of the statutes. Protection from discrimination means that an employer cannot retaliate by taking adverse action against workers, such as: Firing or laying off Blacklisting Demoting Denying overtime or promotion Disciplining Denial of benefits Failure to hire or rehire Intimidation Making threats Reassignment affecting prospects for promotion Reducing pay or hours The OSH Act prohibits employers from discriminating against their employees for exercising their rights under the OSH Act. These rights include filing an OSHA complaint, participating in an inspection or talking to an inspector, seeking access to employer exposure and injury records, and raising a safety or health complaint with the employer. If workers have been retaliated or discriminated against for exercising their rights, they must file a complaint with OSHA within 30 days of the alleged adverse action. Since passage of the OSH Act in 1970, Congress has expanded OSHA s whistleblower authority to protect workers from discrimination under twenty-one federal laws. their surcharge each year from January 1, 2015 until January 1, 2018 by an amount necessary to offset operating costs of the California Environmental Reporting System. 2. Revises the new site map implementation deadline found in SB483 to January 1, Inserts language to specifically state the emergency response plans and procedures, the chemical inventory, and the site map shall be readily available to personnel at a business. 4. Requires that compressed gasses be reported in the physical state in which they are stored. If the compressed gas is an extremely hazardous substance, as defined in 40 CFR , then all amounts shall be reported in pounds. 5. Raises the lower reporting threshold for cryogenic, refrigerated, or compressed gas to 1,000 cubic feet, at standard temperature and pressure, if the gas is any of the following: a. Classified as a hazard only due to simple asphyxiation Consequences of whistleblowing, from Doctor Peter Rost s book The Whistleblower. 233 surveyed. Hazardous Materials Business Plan Changes continued from page 2... SB 1261 now exempts certain hazardous materials from Business Plan Reporting requirements. b. Oxygen, nitrogen, or nitrous oxide when maintained by a physician, dentist, podiatrist, veterinarian, pharmacist, or other EMS provider at their place of business c. Refrigerant gasses, other than ammonia, in a closed cooling system, used for air conditioning or refrigeration d. Gasses used in closed fire suppression systems 6. Exempts certain hazardous materials from Business Plan requirements. Hazardous materials exempted include: a. Compressed air in cylinders, bottles, or tanks used by fire departments and other emergency response organizations b. Fluid in a hydraulic system, if the total amount is less than 1,320 gallons c. Certain oil-filled electrical equipment, if the total amount is less than 1,320 gallons d. On premise use or storage of propane, if the total amount does not exceed 500 gallons and is used for the sole purpose of cooking, heating employee work areas, and heating water within the business

5 February 1, Page 5 Drought Update Department of Water Resources surveys snowpack California s drought, now in its fourth year, is characterized by both a lack of precipitation and much warmer than normal temperatures. Calendar year 2014 was the warmest ever in California since record-keeping began in the 1800 s. The early-december storms blew in on warm weather, and the snowpack which satisfies 30 percent of California s water needs in normal years was far below its average water content in late January. Department of Water Resources (DWR) first manual survey of this season, conducted on December 30 at the traditional site near Echo Summit on Highway 50 east of Sacramento, found just 4 inches of snow water equivalent, only 33 percent of average for that snow course on that date. Statewide, the snow water equivalent was 50 percent of the multi-year average for December 30. That average has shrunk in the past month as above-normal temperatures have prevailed, not only on California s coast and in the Central Valley but in the mountains as well. The statewide snow water equivalent January 26th, as calculated using more than 100 sensors in the Sierra Nevada Range, was 4.3 inches, just 27 percent of normal for that date. Department of Water Resources (DWR) snow surveyors encountered above-normal temperatures and below-normal snowpack when they conducted their second survey of the wet season on January 29. Their findings indicate that the state s snowpack is only 25% of what should normally be present, thus painting a grim picture for California s water supply. Work Related Injury and Illness Reporting continued from page 1... The Log of Work-Related Injuries and Illnesses (Form 300) is used to classify work-related injuries and illnesses and to note the extent and severity of each case. When an incident occurs, use the Log to record specific details about what happened and how it happened. The Summary a separate form (Form 300A) shows the totals for the year in each category. At the end of the year, post the Summary in a visible location so that your employees are aware of the injuries and illnesses occurring in their workplace. If you have more than one establishment, you must keep a separate Log and Summary for each physical location. Note that your employees have the right to review your injury and illness records. When is an injury or illness considered work-related? An injury or illness is considered work-related if an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a preexisting condition. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the workplace, unless an exception specifically applies. The work environment includes the establishment and other locations where one or more employees are working or are present as a condition of their employment. You must record any significant work related injury or illness that is diagnosed by a physician or other licensed health care professional. Which work-related injuries and illnesses should you record? Record those work-related injuries and illnesses that result in: death, loss of consciousness, days away from work, restricted work activity or job transfer, or medical treatment beyond first aid. You must also record workrelated injuries and illnesses that are significant (as defined below) or meet any of the additional criteria listed below You must record any significant work related injury or illness that is diagnosed by a physician or other licensed health care professional. You must record any work-related case involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum. When must you post the Summary? You must post the Summary only - not the Log - by February 1 of the year following the year covered by the form and keep it posted until April 30 of that year. How long must you keep the Log and Summary on file? You must keep the Log and Summary for 5 years following the year to which they pertain. Do you have to send these forms to OSHA at the end of the year? No. You do not have to send the completed forms to OSHA unless specifically asked to do so.

6 February 1, Page 6 Infractions, Fines and Sometimes Jail Time...Enforcement Workers repeatedly exposed Citation after two workers to trench cave-ins succumb to dangerous fumes For the eighth time, the U.S. Department of Labor s Occupational Safety and Health Administration has cited Northern Excavating Co. for allowing its employees to work at great risk in trenches without cave-in protection and a safe means to exit the trench. In July 2014, OSHA inspectors witnessed two employees repairing a valve on a city water line in Ross in an 8-foot trench. After an investigation, the agency cited the company for two willful and one serious violation with penalties of $147,000. For its continual failure to protect workers from cave-in hazards, the Jamestown-based company has been placed in OSHA s Severe Violator Enforcement Program. The company has been cited eight times since 1997, and failed to pay its most recent penalties from a 2011 inspection. Northern Excavating was cited for not providing a protective system for the trench and failing to have a designated, competent person available to remove an employee from the hazardous trench, if necessary. The company also failed to provide workers a safe means of exit from the trench, resulting in one serious violation. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists. Dangerous respiratory, chemical and other safety hazards net fine U.S. Chutes Corp. exposed employees to chemical, mechanical, electrical and respiratory hazards during the manufacturing process at its Bantam plant, an investigation by the U.S. Department of Labor s Occupational Safety and Health Administration has found. A manufacturer of galvanized chutes for laundry and trash conveyors, the company faces $94,248 in fines. OSHA discovered nine repeated and 15 serious violations of workplace health and safety standards at the site. The inspection identified many hazards, which included an out-ofdate respiratory protection program for employees who welded and spray painted; no medical evaluations and fit testing for workers who wore respirators; and no hazard analysis to know what protective equipment was needed to protect employees. U.S. Chutes also failed to train employees on health hazards and monitoring levels of exposure to hexavalent chromium a known carcinogenic substance; allowed mechanical power press operation without safety guards; and permitted exposed wiring in electrical panels and improperly used electrical power cords. A 37-year-old worker at Agridyne s Pekin, Illinois, facility climbed down into a rail car to clean out corn steep residue and was overcome by dangerous hydrogen sulfide gas. A 29-year-old tank inspector, who attempted to rescue the first worker, succumbed to the gas exposure as well. Neither worker made it out of the car alive. The U.S. Department of Labor s Occupational Safety and Health Administration investigation that followed the June 2014 tragedy led to three willful and eight serious safety violations, many involving permitrequired confined space safety regulations. OSHA determined that neither victim was equipped with an emergency retrieval system before they entered the car. The primary cause of death of both employees was closed space asphyxiation and hydrogen sulfide intoxication, a byproduct of the residual organic waste contained in the tank. As a result, the liquid animal feed manufacturer has been placed in OSHA s Severe Violator Enforcement Program. OSHA also found the company failed to designate trained rescue employees and use a retrieval system attached to the worker to aid in rescue; train workers and place warning signs about hazards that may be encountered in confined spaces; and ensure rail tank cars had been ventilated prior to entry. Eight serious citations were issued for these violations. OSHA has proposed fines totaling $266,000.

7 February 1, Page 7 QuickTakes The I don t have time to read your newsletter abridged version 1. Form 300 a. Required by Occupational Safety and Health (OSH) Act of 1970 i. Employers with 10 or fewer employees throughout the previous calendar year do not need to complete these forms. 1. When counting employees, you must include full-time, part-time, temporary, and seasonal workers. ii. Establishments classified in certain low-hazard industries do not need to complete these forms. 1. For example, restaurants, banks, and medical offices. iii. The Log of Work-Related Injuries and Illnesses (Form 300) is used to classify work-related injuries and illnesses and to note the extent and severity of each case. iv. The summary form 300A must: 1. show the totals for the year in each category; 2. be posted in a visible location at the end of the year (2/1-4/30); 3. be retained on file for 5 years; 4. be site specific. b. An injury or illness is considered work-related if an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a preexisting condition. c. Which work-related injuries and illnesses should you record? i. Record those work-related injuries and illnesses that result in: death, loss of consciousness, days away from work, restricted work activity or job transfer, or medical treatment beyond first aid. ii. You must record any significant work related injury or illness that is diagnosed by a physician or other licensed health care professional. iii. You must record any work-related case involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum. 2. EPA Releases 2013 Toxics Release Inventory National Analysis a. The Emergency Planning and Community Right-to-Know Act (EPCRA). b. The Pollution Prevention Act of 1990 also requires facilities to submit information on pollution prevention and other waste management activities related to TRI chemicals. c. 4% increase, the amount of toxic chemicals managed as waste from d. Air releases from industrial facilities increased by 1 percent from 2012 to e. Increases are contributed to chemical manufacturing facilities, the metal mining sector and electric utilities. f. TRI releases includes the amount of chemicals recycled, treated, and burned for energy recovery, as well as the amount disposed of or otherwise released into the environment. g. TRI data is submitted annually to EPA, states, and tribes by facilities in industry sectors such as manufacturing, metal mining, electric utilities, and commercial hazardous waste.

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