Document 4a1ZDp5X4L3zQ5MNe6QGvNE0Q

KELLER'S Industrial Safety REPORT MAY 1994 ;; l, ; VOLUME 4 NUMBERS ; FEATURED THIS MONTH ERGONOMICS FINES ARE ON THE RISE - OSHA has issued inspectors a guidance document on ergonomics enforcement and is using the General Duty Clause to enforce cumulative trauma disorder-related fines. Page 1. OSHA'S WORKPLACE VIOLATIONS REPORT - According to OSHA, plant safety and construction violations made up the overwhelming majority of violations for fiscal year 1992/93. Page 5. WHERE HAZWOPER OVERLAPS OTHER AGENCY'S RULES - The Industrial Safety Report staff reviews how OSHA's HAZWOPER regulations overlap similar emergency response rules from other government agencies. Page 6. CONTENTS OSHA Activity OSHA Steps Up Ergonomics Enforcement.....1 Reich Speaks On OSHA Reform....................... 4 OSHA Releases 1992/93 Violations Summary........................................................... 5 Where HAZWOPER Overlaps Other Agency's Rules.................................................. 6 ICC Activity ICC Releases NAFTA Implementation Schedule........................................................................ 7 Safety Matters Hand Tool Safety................................................... 8 EPA Activity EPA Budget Could Increase By $500 Million.......................................................9 Used Oil Rule Revised By EPA........................ 10 Waste Exchanges Help Eliminate Disposal Costs................................................. 11 EPA May Add Over 300Chemicals To TRI ..12 State Activity OSHA Approves Several State VPPs............. 13 Court Mandates California Clean Air Plans...........................................................14 MPCA Finds Generators Neglect Staff Training............................................................15 OSHA Activity OSHA Steps Up Ergonomics Enforcement In issuing ergonomics enforcement guidance to its inspectors, OSHA has laid the groundwork for increased enforcement in the area of cumu lative trauma disorders and related health issues. The term ergonomics is a broad term used to describe site working conditions such as venti lation, heat, comfort, repetitive motion activi ties, and an overall healthful working envi ronment. The 25-page inspectors' enforcement guidance was issued last year. Ergonomics violations are usually issued under OSHA's General Duty Clause. The General Duty Clause is used by OSHA for enforcement of employee safety issues that may not be spelled out in a standard, but nonethe less, constitute a violation of its mandates to create a safe and health working environment. h'3^^^j^^^S^-^;KEl!LER#AASSSSOOCCIIAATTEESS,flItNC. CTL023246 1 g,.- MAY 1994 ^^'^'iUWh. .mVl OLUME 4 NUMBER 5 In the absence of an ergonomics standard, inspectors haven't found as many ergonomics violations as they might have if a standard existed. By spelling out for inspectors what they should be looking for, asking about, and how to document violations, OSHA has sig naled its intent to increase enforcement in this area. Among the documentation directives is the use of video cameras to record employees engaging in repetitive motions that may cause carpal tunnel syndrome or similar mal adies. The directive also notes that repetitive motion disorders do need to be reported on OSHA's Form 200 injury and illness record keeping forms. The guidance will also help OSHA avoid court challenges based on the absence of an ergonomics standard. Several challenges in the past have been successful due to the absence of a written standard specifying mea sures or procedures employers must institute in the workplace. An increased awareness of cumulative trauma disorders associated with ergonomic exposures in the work place has increased OSHA's emphasis in ergonomics. According to the Bureau of Labor Statistics, "disorders associated with repeated trauma" have more than tripled since 1984. In 1991, 185.4 thousand repeated trauma injuries accounted for 56% of the total injuries report ed to the BLS. Currently, no OSHA ergonomic standard exists. Although an Advanced Notice for Pro posed Rulemaking was published in the Feder al Register on August 3, 1992, a general indus try standard is not expected for the next five years. In the interim, guidelines are necessary to ensure uniform enforcement. Following are some of the questions inspectors ask themselves or provide in writing to employees as part of an ergonomics inspec tion. Although they represent only a small portion of the 25-page guidance, they do give you a good indication of what an inspector will be looking for in the way of ergonomics viola tions or problems. Physical symptoms 1. Within the past month, have you had repeated feelings of numbness, tingling or "pins and needles" sensations in one or both hands? Right Hand Left Hand 2. Within the past month, have you had repeated feelings of soreness or pain in either forearm or elbow? Right elbow Left elbow Right forearm Left forearm 3. Within the past month, have you had repeated feelings of pain, discomfort, burning, or tingling in your shoulders? Yes No 4. Have any of the above symptoms caused you to be awakened while sleeping? Yes No 5. What time does your discomfort occur regularly? Mornings? Afternoons? Evenings? Night? Yes No Yes No Yes No Yes No 6. Does discomfort in your wrist, arm, or shoulder interfere with your daily activities (eating, writing, sports, etc.)? Yes No 7. Have you ever received medical treatment for this pain and discomfort? Yes No 8. Has a medical professional ever given you a diagnosis of: Carpal tunnel syndrome? Yes No Job Related? YN Ganglionic cysts? Job Related? Yes No YN Tendonitis? Job Related? Yes No YN M"A...Y....1...9. 94~ ,.JCSrVOLUM1E- ! -4' > "NUMbM^ *- ---'--- r will I wr > ;J Tenosynovitis? Job Related? Bursitis? Job Related? Yes No YN Yes No YN 22. How could your job be improved? 23. Is it difficult for you to be honest in this survey? Epicondylitis? Job Related? Cervical strain? Job Related? Other? Job Related/ Yes No YN Yes No YN YN Tools 1. What types of tools are used for this job? 2. How often are the tools maintained? 3. Are new tools available to the employee upon request? YN 9. Have you ever had surgery for any of these conditions? Please note the date of surgery by the appropriate medical condition listed above. 10. Does your present job require arm, hand, or finger actions to be repeated many times each hour and work shift? YN Explain: Psychosocial aspects of the employee's work Please answer the questions below as accurately as possible. S= Sometimes 0= Often N= Never 11. Do you learn new things on your job? 12. Does your job require a lot of skill? 13. Are you free to make a decision on your job? 14. Do you have a lot to say about how to do your job? 4. How have the tools been altered by the employee? 5. What is the diameter and span of the tools' hand grips? 6. How long are the tools? 7. Do the tools vibrate? Y N 8. Can the tools be used with either hand? Right Left Both 9. Do the tool handles have fluted grips (spaces for each finger)? Y N 10. How heavy are the tools? 11. Are the tools used with the hand/upper arms in an awkward posture? YN 12. What are the tools made of (i.e. plastic handle with metal hook)? 13. Other comments: 15. Do you have more work than you can easily handle? 16. Do you get conflicting orders? 17. Are you required to work fast? 18. Do you work hard? 19. Do you fear that you will be replaced by computers? 20. What is the worst part about your job? 21. What is the best part about you job? Physical Exposures: Repetition 1. What is the time required to perform each task and how often is the task performed? (This may be taken from the video tape). The Regional Ergonomist can provide assistance with the analysis of repetition as an ergonom ic stressor. Task Average Time (sec) Frequency (times/hr.) NUMBER 5 Reich Speaks On OSHA Reform Secretary of Labor Robert B. Reich has praised the advances made over the past two decades under America's worker protection act but simultaneously urged Congress to reform that act. "Thanks to this law, countless American work ers have avoided harm, injury and even death on the job," Reich told the Senate's Committee on Labor and Human Resources as he detailed the administration's support for the Senate bill to reform the Occupational Safety and Health Act, originally passed in 1970. "But," he continued, "some enduring problems, along with a new set of workplace hazards demand that the statute be revised. This bill makes those revisions in a strategic and sensi ble way. By emphasizing prevention, flexibility, cooperation, expanded coverage, streamlined standards and tough enforcement, the bill ensures that tomorrow's workplace will reach new levels of health, safety and productivity." In his testimony, the Secretary stressed: -- Despite progress, each year about one in every 11 workers suffers illness or injury from work-related causes; more than 6,000 Americans were killed at the workplace in 1992; thousands more die each year from exposure to harmful substances and 2,000 cancer deaths per year can be traced to workplace hazards. "In every instance, the statistics and studies have a human face," Reich said. -- Workplace illness and injury impose heavy costs ($115.9 billion in 1992, according to the National Safety Council) on industry in addition to burdening "an already belea guered health care system, saddling employers with needless costs and making it harder to extend coverage to all." -- Illnesses barely recognized when OSHA was created -- cumulative trauma disor ders, for example -- in addition to HIV, tuberculosis and indoor air pollutants -- have raised new challenges that OSHA's drafters never imagined." Reich said that in evaluating how effective the reform bill would be in addressing these and other problems, the Labor Department spent most of last summer listening to employers, labor unions, state and local officials, insurers, doctors, public health officials and scientists. Based on these discussions, Reich said, "We have concluded that the main elements of this bill will reduce workplace hazards -- and boost the health both of the American worker and the American economy." He underscored the main elements of the bill as: -- Prevention through company health and safety programs to identify and fix hazards before workers become sick or injured. -- Flexibility to modify requirements for work place safety programs. In a nation of six million workplaces, he said, there can be no "one size fits all" approach. He supported the bill's provisions of special help for small business. -- Cooperation through joint labor-manage ment safety and health committees. He noted the success of Oregon's state-required mandated committees which now are consid ered "a vital ingredient of loss prevention." -- Expanded coverage to protect state and municipal employees who "handle some of the most hazardous tasks in our society -- cleaning up toxic waste, collecting garbage and fighting fires" and in the con struction industry, in which injuries are about 50 percent greater than in other private industries. -- Streamlining standards-setting to establish uniform criteria for both health and safety standards, and the requirement that OSHA issue a standard for the chemical exposure limits struck down by a court decision in 1992. -- Tougher enforcement through increased penalties for willful violations which cause death or serious bodily harm. "If an employ ee is seriously injured on the job, and an employer's willful health and safety viola tions are to blame, that employer must be prosecuted," Reich said. CTL023249 MAY 1994 _____ _______ vol,UME 4 ________ ] NUMBER 5 ~ OSHA Releases 1992/93 Violations Summary OSHA has released its enforcement figures for fiscal year 1992/93. The first chart shows viola tions by standard. The second breaks down plant safety violations into sections and their respec tive subparts. Plant safety violations accounted for over 105,000 of the total violations found. The 1992/93 results are the latest available. OSHA FEDERAL STANDARD VIOLATIONS STANDARD 1 5A 1903 1904 1910 1915 1917 1918 1919 1926 1928 1960 TOTAL DESCRIPTION GENERAL DUTY CLAUSE INSPECTIONS, CITATIONS AND PROPOSED PENALTIES RECORDING AND REPORTING OCCUPATIONAL INJURIES PLANT SAFETY SHIPYARD EMPLOYEES MARINE TERMINALS LONGSHORING CONSTRUCTION AGRICULTURE FEDERAL EMPLOYEES FY 92/93 280 1,265 3,336 5,456 105,568 600 385 210 1 48,484 246 121 165,952 FY 91/92 138 1,605 3,776 5,491 106,148 607 528 200 0 55,689 420 100 174,702 OSHA 1910 VIOLATIONS SUBPART DESCRIPTION A GENERAL B ESTABLISHED FEDERAL STANDARDS C GENERAL SAFETY & HEALTH PROVISIONS D WALKING-WORKING SURFACES E MEANS OF EGRESS F POWERED PLATFORMS G OCCUPATIONAL HEALTH & ENVIRONMENTAL CONTROL H HAZARDOUS MATERIALS I PERSONAL PROTECTIVE EQUIPMENT J GENERAL ENVIRONMENTAL CONTROLS K MEDICAL & FIRST AID L FIRE PROTECTION M COMPRESSED GAS & COMPRESSED AIR EQUIPMENT N MATERIALS HANDLING & STORAGE O MACHINERY & MACHINE GUARDING P HAND & PORTABLE POWERED TOOLS Q WELDING, CUTTING. & BRAZING R SPECIAL INDUSTRIES S ELECTRICAL T COMMERCIAL DIVING OPERATIONS U-Y RESERVED BY OSHA Z TOXIC & HAZARDOUS SUBSTANCES TOTAL SECTIONS 1910.1- 1910.7 1910.11 - 1910.19 1910.20 1910.21- 1910.32 1910.35 - 1910.40 1910.66- 1910.70 1910.94- 1910.100 FY 92/93 0 0 3,004 5,588 4,737 63 2,494 1910.101 - 1910.120 1910.132- 1910.140 1910.141 - 1910.150 1910.151 - 1910.153 1910.155 - 1910.165 1910.166 - 1910.171 7,380 6,011 9,357 1,700 3,488 46 1910.176- 1910.190 1910.211 - 1910.222 1910.241 - 1910.247 1910.251 -1910.254 1910.261 - 1910.275 1910.301 - 1910.399 1910.401 - 1910.441 RESERVED 1910.1000- 1910.1500 3,889 15,780 1,193 2,023 740 12,421 124 0 25,530 105,568 FY 91/92 0 2 3,494 5,552 4,410 85 2,598 7,659 6,476 9,380 1,758 3,752 74 4,119 15,512 1,141 2,082 1,147 12,222 110 0 24,575 106,148 ' 'PjZRrGl r ----M--A-- Y.-1--9--9--4--' ; VOLUME 4 NUMBER 5 ' Where HAZWOPER Overlaps Other Agency's Rules Last month we presented an article on HAZWOPER'S Relationship To Other OSHA Regu lations" as the second installment of a threepart series on OSHA's Hazardous Waste Operations and Emergency Response (HAZ WOPER) regulations, found in 29 CFR 1910.20. This month we conclude the series by reviewing HAZWOPER's relationship to the regulations of other agencies. Comprehensive Environmental Response Compensation and Recovery Act of 1980 (CERCLA). CERCLA, also known as Superfund, required the President to revise and republish the national contingency plan, originally pub lished under the Federal Water Pollution Con trol Act. The current National Contingency Plan (NCP) was created out of this mandate. EPA addresses workers' health and safety in their regulations on the NCP, found in 40 CFR Part 300.150. This section essentially demands that agencies and contractors operating under an NCP mandate meet HAZWOPER standards in their cleanup operations. Specifically: The same provisions for emergency response worker safety and health are required. An occupational safety and health pro gram consistent with HAZWOPER is required. When the contractor undertakes an NCP emergency response action, that organiza tion needs to meet HAZWOPER standards and those of all other federal and state occupational safety law. Superfund Amendments and Reauthorization Act, Title III. SARA Title III, also referred to as the "Emer gency Planning and Community Right-ToKnow Act of 1986" (EPCRA), requires States and local jurisdictions to develop emergency response plans. In addition, certain facilities must share infor mation about the hazardous substances they keep on-site with community emergency response planners. SARA Title III directed governors of each state to appoint a state emergency response commission (SERC), which would, in turn, appoint and coordinate the activities of local emergency planning committees (LEPC). The provisions of the community emergency response plan are significant because 29 CFR 1910.120(q) allows community responders to use the plan developed under SARA Title III to comply with OSHA. National Fire Protection Association (NFPA) Standards. The NFPA is a non-profit organization that publishes the "National Fire Codes" and "A Guide to OSHA Fire Protection Regulations." NFPA is recognized as a national voluntary consensus standards development organiza tion, comparable to the American National Standards Institute. OSHA frequently adopts such consensus stan dards as the benchmarks in its regulations. The Industrial Safety Report reviewed consen sus standards in a January 1994 article. OSHA modeled the emergency response provi sions in HAZWOPER after certain parts of the NFPA standards. The agency instructs its compliance officers to review NFPA 472, "Standard for Profes sional Competence of Responders to Haz ardous Material Incidents," and NFPA 471, "Recommended Practice for Responding to Hazardous Material Incidents" for help in enforcing the emergency response provisions of HAZWOPER. Anyone struggling with compliance with the HAZWOPER regulation should review these standards. Although they contain some detail differences from HAZWOPER, if you're an employer of emergency response personnel and following the NFPA standards, you're generally going to be in compliance with 29 CFR 1910.120(q). MAY 1994 VOLUME 4 NUMBER 5 Department of Transportation (DOT), Hazardous Material Transportation Uni form Safety Act of 1990 (HMTUSA). The handling of hazardous materials in the transportation industry is regulated by HMTUSA. On May 15, 1992, DOT published the final rule "Hazardous Materials; Training for Safe Transportation" (49 CFR 171-177) to enhance training requirements for persons involved in the transportation of hazardous materials. The rule requires employers to train their employees in the safe loading, unloading, han dling, storing, and transportation of haz ardous materials. The rule is also designed to improve emergency preparedness for respond ing to accidents or incidents involving the transportation of hazardous materials. The new DOT rule does not preempt OSHA from enforcing occupational safety and health regulations, such as 29 CFR 1910.120, when employers fall under the scope of HMTUSA. HAZWOPER applies if transporters are han dling hazardous waste that is on the way to a hazardous waste site or to a TSD facility, or when transporters become involved in emer gency responses to the release of hazardous substances. Training that is performed to satisfy OSHA, EPA, or DOT training requirements may be used to satisfy the training requirements of the other agency's rule. Duplicative training is hot necessary. The above list of regulations is not all-inclu sive. HAZWOPER also crosses Coast Guardenforced regulations affecting oil spills on nav igable waterways, and may also intermesh with state and local requirements. The bottom line on HAZWOPER and the needs of other agencies: the government appears to have made a real effort at setting up its requirements for minimal duplication of training and planning. Finding out what are some of the government's sources for creating regulations can help you set up more effective compliance programs. ICC Activity ICC Releases NAFTA Implementation Schedule The Interstate Commerce Commission (ICC) has issued the following implementation schedule for granting operating authority for land transportation to motor carriers located in Mexico, or owned or controlled by Mexican companies, under the provisions of the first phase of the North American Free Trade Agreement (NAFTA): 1. January 1, 1994 -- ICC accepts and pro cesses Mexican bus operator applications for authority to provide cross-border transporta tion of passengers in charter and tour bus ser vice. This date is based upon NAFTA language requiring such action upon entry into force (January 1, 1994) of the agreement. 2. December 17, 1995 -- Mexican motor carriers of property may begin crossU.S./Mexican border operations between Mexico and the states of California, Arizona, New Mexico, and Texas. This date is based on NAFTA language allowing such opera tions "three years after the date of signa ture" (former President Bush signed NAFTA on December 17, 1992). 3. January 1, 1997 -- Mexican bus compa nies may begin regular-route, scheduled crossborder service to and from any part of the U.S. This date is based on NAFTA language allow ing such operations "three years after the date of entry into force" of NAFTA. 4. January 1, 2000 -- Mexican carriers of property may provide cross-border transporta tion services anywhere within the U.S. Based on NAFTA language allowing such operations "six years after the date of entry into force." 5. January 1, 2001 -- Mexicans may estab lish bus companies in the U.S. to provide ser vice between U.S. points. Based on NAFTA language permitting such operations "seven years after the date of entry into force." MAY 1994- VOLUME 4 NUMBER 5 Safety Matters Hand Tool Safety Portable Sanders These tools make finishing work faster. Two types are orbital and belt. Remember these tips: Arrange cord so that it won't be damaged by the abrasive belt. Keep both hands on the tool for control. Hold onto the sander when you plug it in. Clean dust and chips from the motor and vent holes regularly and lubricate when necessary. Miscellaneous Portable Tools Impact wrenches - They operate on electrici ty or compressed air and deliver extra power and torque for fastening and loosening bolts and drilling. Don't force a wrench to take on a job bigger than it's designed to handle. Don't use standard hand sockets or driver parts with an impact tool as they can't take the sharp blows. Don't reverse direction of rota tion while trigger is depressed. Glue guns - A glue gun can be a real time saver. However, because they generate tem peratures as high as 450 F, avoid contact with the hot nozzle and glue. If you get glue on your skin, immerse the area in cold water. Don't attempt to remove the glue. Cover with a cold compress. Portable Drills Variable speed drills are versatile tools used for boring holes, turning screws, buffing and grinding. Keep these pointers in mind when using them: Select the correct drill bit for the job to be done. Use only sharp bits. Make sure the material being drilled is secured or clamped firmly. Hold the drill firmly and at the correct angle. Don't force it to work or lean on it with all your strength. Always remove the bit from the drill when you're Finished. Don't forget to wear safety glasses when you use the sharpener. Routers A router mills wood for tight-Fitting joints and cuts patterns and contours. The shaft and the bit on a router turn extremely fast and cut very quickly so follow these safety rules: Soldering irons or "guns" - They can be dangerous because of the head they generate. Handle with care - they can easily cause third degree burns. Always assume that a soldering iron is hot. Rest heated iron on a rack or metal surface. Never swing an iron to remove solder. Hold small soldering jobs with pliers, never hold in your hand. When cool, store it in its assigned area. Propane and gas torches - These commonly used tools pose flame and heat hazard. Never use a flame to test for propane or gas leaks. Never start the router when the cutting edge of the bit is in contact with the work. Hold the router firmly, especially when starting. Keep balanced as you work. When the cut is complete, turn off the motor. Don't lift the machine from the work until the motor has come to a com plete stop. Always keep router base flat on work sur face. Wrenches Never store the fuel tanks in an unventilated area and never use a tank with a leaking valve. Use torches in well-ventilated areas. Avoid breathing vapors and fumes they generate. There are several important safety rules to follow when you use a wrench and needless to say, the selection of the right wrench for the job is one of them. MAY 1994 __ ______ _____ VOLUME 4 NUMBERS Consider the type of job that has to be done. The location and number of nuts and bolts will determine the type of wrench to use for the most efficient job. The size of the nut or screwhead will determine the size of the wrench. But don't use a wrench that's too big. Whether you're using an adjustable wrench or a fixed-jaw wrench, there are general safety points which should be followed which apply to both types of tools. The first point is not to use a wrench as a hammer. If there is any one of us who hasn't at least had the urge to use the nearest wrench for a hammer, then he isn't human. But hammering with a wrench is dangerous in itself and may also set up a hazardous condi tion for someone else later on through unde tected damage to the tool. Never use a damaged wrench. Use only wrenches that are in top condition and if they become worn or defective, take them out of service immediately. EPA Activity EPA Budget Could Increase By $500 Million EPA Administrator Carol M. Browner has announced that President Clinton has pro posed increasing EPA's fiscal 1995 budget to $7.2 billion, setting a new record in requested funds for the Agency. The budget request rep resents an increase of $500 million, or eight percent, over 1994 appropriated levels. "We're delighted that the President's budget request sets a new record for the Agency. This underscores President Clinton's strong com mitment to environmental protection. We're eager to implement this budget and our inno vative policy agenda for protecting the envi ronment," Browner said. You can help keep a wrench in good condition by keeping it in its proper place on a rack or in a tool box when not being used. This will keep it from becoming damaged by other tools and from becoming a tripping hazard on the floor. Browner noted that some 13 percent of the increase is devoted to the Agency's operating programs, including those dealing with air, water, enforcement, hazardous waste, pesti cides, toxic substances, and cross-media issues. When a wrench is to be stored for a consider able length of time, it should be kept in a dry place and coated with rust-preventive com pound. Then upon removal from storage, clean it with a solvent. Once you have chosen the right wrench for the job, get a good solid footing before applying the tool. This will help you keep your balance should the wrench slip or a bolt thread break. Make sure the wrench seats squarely and fits snugly around the nut or bolt. This precaution is particularly important when it is necessary to pull hard on the wrench. Adjustable wrenches are not made for hard service, so set the adjusting knurl so the wrench fits the nut snugly. Failure to do this can cause injury and can also shorten the life of the wrench. Set a pipe wrench so the teeth will grip the round object with the center of the jaws. The proposal also includes 19,418 workyears, an increase of 793 workyears from 1994 levels. This work force increase, part of EPA's Contract Reform Initiative, results from shifting resources previously used for contractors to resources for 900 new federal employees. At Browner's direction, the Agency undertook a complete review of its base activities and resources in formulating the 1995 budget. As a result, the 1995 budget reflects a shifting of base resources to new activities focused on EPA's environmental and managerial goals. The major components of EPA's budget for FY 1995 include: Over $3.0 billion and 14,939 workyears (a workyear is equivalent to one 40-hour a week employee) for the Operating Pro grams; $1.5 billion and 4,376 workyears for the Superfund program; *KEL*LEr!&TASSOCIATES; INC. CTL023254 MAY 1994 VOLUME 4 NUMBER 5 $77 million and 103 workyears for the Leaking Underground Storage Tank (LUST) program; $2.6 billion for water infrastructure fund ing, including resources for a Clean Water State Revolving Fund and for a Drinking Water State Revolving Fund. The FY 1995 budget consists of three major investment areas which demonstrate the Agen cy's and the Administration's commitment to environmental protection and fiscal responsibil ity. These areas of investment include: 1) Presi dential Initiatives, 2) New Policy Agenda Ini tiatives and 3) Management Initiatives. The investments included in the Presidential Initiatives will create new opportunities for American businesses to develop advanced sys tems to clean the nation's air, land and water. The Presidential Initiatives that EPA will invest in 1995, include the Drinking Water State Revolving Fund ($700 million), the Clean Water State Revolving Fund ($1.6 bil lion), the Environmental Technology Initiative ($80 million), the U.S./Mexico Border and NAFTA Initiative ($179 million), the Wetlands Initiative ($32 million), Watershed Restora tion funded through Non-Point Source Grants ($100 million) and the Climate Action Plan ($117 million). EPA's 1995 budget reflects the Agency's new policy agenda of preventing pollution, pursu ing environmental justice, developing new environmental technologies, advancing ecosys tem protection and ensuring quality science. These objectives will be approached through several new and expanded programs in 1995, particularly through renewed relationships with other governmental agencies, non-gov ernmental organizations and the business community. As part of the Agency's 1995 management ini tiatives, EPA is implementing four activities to make government more effective. These activities include redirecting resources to areas of greatest environmental risk, increas ing in-house expertise through contractor con version, reorganizing the Agency's Enforce ment Office and improving facilities. Used Oil Rule Revised By EPA On September 10, 1992, EPA exempted used oil inserted into crude oil pipelines from the part 279 used oil management standards. In a March 4, 1994, Federal Register notice, EPA has clarified the existing pipeline exemption and expanded the exemption to other petroleum refinery applications. This notices clarifies that the exemption from the used oil management standards did not intend to exclude used oil mixed with crude oil or natural gas liquids ("crude oil") in pre pipeline units (e.g., stock tanks, production separators) prior to being introduced into the crude oil pipeline. Additionally, EPA has expanded the used oil exemption to include transportation and/or storage of mixtures of small amounts of used oil (i.e., less than 1%) and crude oil that are destined for insertion into a petroleum refin ing facility process at a point prior to crude distillation or catalytic cracking. The March 4 rule exempts from the part 279 standards used oil that is inserted into the petroleum refining facility process after distil lation or catalytic cracking operations provid ed that the used oil meets the used oil specifi cation prior to insertion. The rule also exempts from the part 279 stan dards used oil that incidentally enters and is recovered from a refinery's hydrocarbon recov ery system or wastewater treatment system (i.e., process sewer, storm sewer, or wastewa ter treatment units), if the recovered used oil is subsequently inserted into the petroleum refinery process. Transfer facility definition In addition, the rule expands the definition of transfer facility to allow used oil to be held more than 24 hours but less than 35 days prior to specified activities. Finally, EPA amends the used oil processor standards to clarify that a specific set of on site maintenance, filtering, and separation activities were not intended to be covered under the used oil processor standards. __M_A__Y_ _1__9_9_4__.__- -- __ ____ _ " __V__O__L_U,vnMm E 4 NUMBER 5 Waste Exchanges Help Eliminate Disposal Costs Tired of paying excessive hazardous waste dis posal costs? Then a waste exchange may be the ticket for you! After waste minimization has reduced your company's hazardous wastes, there may still have a few wastes you are unable to elimi nate. Or, after changing to a new process, you may end up with materials that are no longer needed. In either case, your next alternative may be to offer the waste to other companies through a waste exchange. Waste exchanges successfully demonstrate that one company's waste or excess materials can be another's raw materi al. Using a waste exchange can lower your dis posal costs and/or inventory costs. What is a waste exchange? A waste exchange is a service that identifies both producers and markets for by-products, unspent virgin materials and other forms of solid and hazardous waste materials. Waste exchanges benefit companies: In general the firm offering the material is responsible for transportation costs. Most exchange services do not charge a fee for plac ing a listing although they may have a bul letin subscription fee. How effective are waste exchanges? Between 1985-1991, companies in one mid west state exchanged over 3/4 of a million gal lons (or gallon equivalents) for a cost savings of $1.2 million through the Illinois Industrial Material Exchange Service (IMES). What materials are commonly trans ferred through waste exchanges? acids computer disks paper solvents alkalis metals plastics textiles cardboard pallets rubber wood What is a typical listing? AVAILABLE: Calcium Hydroxide Virgin Material 30,450 lbs (one time only) Charles City, IA With surplus products or raw materials; That have wastes which can be used directly (without treatment or reclama tion) in another company's process (e.g. feedstocks); Interested in reducing raw materials costs by using valuable "cast-off' materi als as production inputs. How does a waste exchange work? A waste exchange publishes a bulletin that lists both available and wanted materials. Listings describe the material, quantity and form available and indicate the location. Names of the suppliers are not given. Poten tial users may find out who has the listed material by telephoning the waste exchange or mailing an information request form. The user must contact the company offering the material to obtain more specific informa tion. Typically, suppliers will offer samples and lab analysis results. Waste exchanges do not take part in the negotiations or shipment. WANTED: Plastic bulk quantities Non-Hazardous St. Louis, MO Do the hazardous and solid waste regula tions apply to waste exchanges? Yes. Hazardous waste management rules apply to waste exchanges when hazardous wastes are involved. Therefore, put as much time into researching a potential waste exchange partner as you would when selecting a hazardous treatment and disposal company. Keep in mind that regulatory liability ends only when the hazardous waste ceases to be a waste when it has been beneficially used, reused or recycled. Visit the facility and check their waste man agement practices. Are there leaking and/or unlabelled drums lying around? Call the state regulatory agency and ask about the compa ny's compliance record. Talk to other business es for hints in using waste exchanges. MAY 1994 VOLUME 4 ; ___________ NUMBER 5 These steps will help ensure that your waste exchange is a profitable one. Small and large quantity generators that send hazardous waste to another company for recy cling or beneficial reuse/reclamation must manifest the waste. The transporter must be a state-licensed haz ardous waste transporter. The facility receiving the waste may need to be a licensed hazardous waste treatment, storage or recycling facility. Hazardous waste includes off-specification and discarded chemicals as well as wastes from production. If you are sending clean product (i.e., wood pallets, sheet metal, etc.) that you can no longer use to another company, you may not have to manifest the shipment. However, check solid waste transport regulations. Waste Exchanges There are 18 waste exchanges across the country. These include: Illinois Industrial Material Exchange 217-782-0490 Great Lakes Regional Waste Exchange 616-363-7367 Indiana Waste Exchange 317-634-2142 Midwest Industrial Waste Exchange 314-231-5555' Wastelink, Division of Tencon Association 513-248-0012 Northeast Industrial Waste Exchange 315/422-6572 California Waste Exchange 916-324-1807 Texas RENEW Waste Exchange Program 512-463-7773. You may also contact: National Materials Exchange Network 800/858-6625 electronic bulletin board 509/325-0507 direct use EPA May Add Over 300 Chemicals To Toxic Release Inventory EPA is proposing to add over 300 chemicals and chemical categories to the list of toxic chemicals required to be reported on under the Toxic Release Inventory (TRI). The TRI falls under section 313 of the Emer gency Planning and Community Right-to-Rnow Act of 1986 and section 6607 of the Pollution Prevention Act of 1990. Since EPA will not propose these additions before the spring or summer of 1994, the soon est reporting of these chemicals would begin is July 1 of 1996. The proposed addition of these chemicals and chemical categories is based on their acute human health effects, carcinogenicity or other chronic human health effect, and/or their envi ronmental effect. EPA believes that these chemicals and chemi cal categories meet the EPCRA section 313(d)(2) criteria for addition to the list of toxic chemicals. Section 313 of EPCRA required certain facili ties manufacturing, processing, or otherwise using listed toxic chemicals to report their envi ronmental releases of such chemicals annually. Beginning with the 1991 reporting year, such facilities also were required to report pollution prevention and recycling data for such chemi cals, pursuant to section 6607 of the Pollution Prevention Act, 42 U.S.C. 13106. When enacted, section 313 established an ini tial list of toxic chemicals that was comprised of more than 300 chemicals and 20 chemical categories. Section 313(d) authorizes EPA to add chemicals to or delete chemicals from the list, and sets forth criteria for these actions. Being considered for addition to the TRI are chemicals from lists found under: Clean Water Act Clean Air Act RCRA CERCLA California's Prop 65 FIFRA EPCRA Section 302 Safe Drinking Water Act I i H MAYT994J;'4;^! >-' `"-^.g............ p ask9*ws^r-Tmiv^^4r3gjwu* ^14' "' * ^,'t,^^ ' MMr. a* -. *" *" . : NUMBER 5 -- Under section 313(e) any person may petition EPA to add chemicals to or delete chemicals from the list. EPA has already added to and deleted some chemicals from the original statutory list. For further information contact Maria J. Doa of the EPA at (202) 260-9592. You may also contact Tim Crawford of the EPA at (202) 260-1715. "At worksites covered by federal OSHA's Vol untary Protection Program, workers' lost workday injury rates are 62 per cent below the national average for their industries; workers compensation costs and turnover have been reduced dramatically and productivity has been greatly increased." State plans in California and Iowa already are operating VPP programs and North Carolina and South Carolina, both state-plan states, are developing VPPs. In order to participate in a VPP, a worksite must meet certain requirements: OSHA Approves Several State VPPs Slowly, but surely, OSHA's Voluntary Protec tion Program (VPP) is being implemented by various states. The program allows companies to develop safety programs which result in their being removed from OSHA inspection lists. But the main benefit of the programs is a dramatic decrease in workers' lost workday injury rates. The Occupational Safety and Health Adminis tration (OSHA) has approved the adoption of Voluntary Protection Programs in Utah, Ari zona, and Puerto Rico. The approvals recog nize the state programs for offering the VPPs which promote excellence in workplace safety and health programs. Assistant Secretary of Labor Joseph A. Dear, who administers OSHA, said, "We are very pleased that these state-plan states will now be offering Voluntary Protection Programs (VPPs) to employers who are willing to meet the rigorous requirements for participation. Employers in the three states have expressed a desire to be in the program. Management commitment to worker safety and health protection; A written safety and health program; Worksite analysis of existing or potential hazards; Hazard prevention and control; Safety and health training; Employee involvement in safety and health activities; and Annual program evaluations. In addition, there must be formal, signed state ments from any collective bargaining agents indicating their support of the VPP application. The worksite must also have average or below average injury and lost workday injury case rates or a plan to achieve such rates. VPP participant worksites are removed from programmed inspection lists by OSHA or plan states, but can be inspected upon employee complaints, or when a fatality, catastrophic injury or serious chemical leak occurs. There are three levels of VPP: STAR - designed for worksites with comprehen sive, successful safety and health programs. MERIT - designed for companies willing to commit to achieving STAR qualifications. DEMONSTRATION - designed for situations in which the STAR program requirements may not be appropriate, but where companies are interested in exploring the use of VPP. ffifc'- CTL023258 MAY 1994 VOLUME 4 NUMBER 5 There are currently over 120 participant worksites in the federal OSHA VPP program, with over 100 in STAR, 18 in MERIT, and one in Demonstration. They represent 53 compa nies and cover over 86,000 workers. Participant industries include chemicals, con struction, food processing, hospitals, manufac turing, medical research, paint, plastics, research and development, refineries, textiles, utilities, and wood and paper products. California's VPP has three STAR sites, all in the plastics industry, with 627 employees. Iowa has one STAR site in the sheet metal fabrica tion and assembly industry with 34 employees. For more detailed information on the VPP pro gram, refer back to the September 1993 VPP article in the Industrial Safety Report. CALIFORNIA Court Mandates Clean Air Plans Acting under orders from federal courts, the U.S. Environmental Protection Agency (U.S. EPA) has released proposed clean air plans to bring the areas surrounding Los Angeles, Ven tura and Sacramento into attainment of national, health-based air quality standards for ozone pollution and to bring the Los Ange les area into attainment for carbon monoxide pollution as well. In addition to this court-required action, the 1990 Clean Air Act still requires California state and local agencies to develop their own air pollution control plans, which are due by November 15, 1994. As acceptable local and state rules are adopted, they will replace these proposed federal controls. "Our goal is -- and always has been -- for local and state officials to develop their own plans for meeting the standards of the Clean Air Act, so that this plan would be unnecessary," said Felicia Marcus, regional administrator for U.S. EPA's western region. "We will continue to work with state and local agencies so that their plans are ready by the November 15 deadline." The court orders which require the Agency to provide plans for these areas are the result of lawsuits against U.S. EPA brought by Citizens to Preserve the Ojai, Coalition for Clean Air, the Environmental Council of Sacramento and the Sierra Club. The groups filed lawsuits when state and local agencies in California did not develop adequate plans to meet the federal clean air standards by 1987 as required by the 1977 Clean Air Act. Ozone Pollution Ground-level ozone, more commonly known as smog, causes health problems by damag ing lung tissue and sensitizing the lungs to other irritants. Regular exposure to ozone at concentrations below levels found in the Los Angeles, Ven tura and Sacramento areas has been found to significantly reduce lung function in nor mal, healthy people during periods of mod erate exercise. People with asthma, the elderly, and chil dren are especially at risk. Carbon monox ide reduces the delivery of oxygen to the body's organs and tissues. People with car diovascular disease are most at risk. The Los Angeles, Sacramento and Ventura areas have some of the highest air pollution levels in the country. Pollution levels must be reduced 30 to 90 percent, depending on the smog-causing chemical, to meet health stan dards. Under the federal Clean Air Act, state and local agencies play the primary role in creating and implementing plans to bring pol luted areas into attainment. U.S. EPA's proposals contain detailed strate gies for reducing emissions of smog-causing pollutants in each of the three areas. The FIPs include proposals to regulate emissions from the following source categories: - Commercial and industrial facilities such as refineries, chemical plants and gas stations; - Products that pollute when used, such as pes ticides, house paints and industrial coatings; ialKEIIUERl^SSOOlATESaNCg CTL023259 0 I MAY 1994 Jr*V^r -i VO- L---U-ME 4 NUMBER 5 - On-road vehicles such as automobiles, motorcycles, and light-, medium- and heavyduty trucks; - Non-road vehicles such as marine pleasure craft, lawn and garden equipment, all-ter rain vehicles, and farm and construction equipment; and, - Civil airports and military bases, ships in ports and passing by the Ventura coast, locomotives, interstate trucks, and used cars imported from other states. The FIP also seeks public comment on a pro posal to reclassify Sacramento from a "serious" to a "severe" air pollution region. Such a reclas sification would give Sacramento until 2005 to come into compliance with ozone standards. Currently, Sacramento must meet a 1999 deadline, which would require rather extraor dinary measures. Ventura already has a 2005 deadline, while Los Angeles has a 2010 dead line for ozone and a 2000 deadline for carbon monoxide, based on its extremely high air pol lution levels. The proposed federal implementation plans (FIPs) also include an enhanced Smog Check program due to the importance of such a pro gram as a cost-effective tool to reduce vehicle emissions. However, U.S. EPA is continuing to discuss with California leaders and legislators a state program that would meet federal per formance standards. Once such an approvable program is adopted by the state, it would take the place of that portion of the federal plan. In addition to outlining specific measures for reducing smog-causing emissions, the plan seeks to encourage the development of cleaner technologies for use in these and other areas. Cleaner vehicles and improved public trans portation, for instance, will make important contributions toward meeting air quality standards. "We intend to comply with the courts' orders, while serving as a catalyst for focused discussion with the public and local agencies on how to find the most practical ways to achieve the Clean Air Act's public health goals," Marcus said. U.S. EPA is encouraging the public to take part in discussion of clean air planning options in the coming months as the federal proposals and local plans are weighed in work shops, focus groups and public hearings. For mal public hearings will be held in July 1994, and public comment will be accepted for another 30 days after the close of the hear ings. U.S. EPA is under court order to have final plans in place by February 1995. For more information contact: Bill Glenn, EPA Region 9, (415) 744 -1589. MINNESOTA MPCA Finds Generators Neglect Staff Training According to Minnesota Pollution Control Agency (MPCA) inspectors, training staff in hazardous waste management is often over looked because it is confused with training requirements for other regulatory programs, such as OSHA and Labor and Industry. Small and large quantity generators (SQGs, LQGs) are required to train all employees who are involved in hazardous waste management. Although personnel training is not required of very small quantity generators, MPCA staff recommend that all generators train their per sonnel in order to prevent costly mistakes. Here are some of the most common training violations and how to avoid them: Documentation. One of the most common training violations found by inspectors is the lack of proper documentation. When you train your employees, write it down! You can develop your own format or use the MPCA fact sheets already developed for this purpose (#1.065 for small quantity generators or #1.07 for large quantity generators.). Training appropriate staff. All staff who are involved in hazardous waste management must be trained. Those actually handling the waste must be trained in waste handling procedures; those who oversee shipping the waste must be trained in pre-transport preparation and fill- MAY 1994 NUMBER 5 ing out manifests; and all who deal with the waste directly should be trained in emergency procedures. Staff training may involve telling employees that when a chemical is about to be discarded, it becomes a hazardous waste, even if it is still in its pure form. Training in hazardous waste management. It is not only who you train, but the content of the training information that is important. Right-to-know training and hazardous waste training are not the same! Right-to-know train ing covers the chemical hazards of the products used in the company's processes. Hazardous waste training covers the proper management of the wastes generated from these processes. Both right-to-know training and hazardous waste training can be carried out during the same session, but be sure to doc ument the information content of the training. Large quantity generators have more training requirements than small quantity generators because they generate more hazardous waste. Because of this, LQGs often have the following violations in addition to those mentioned above: Training according to a person's job title and job description. All staff involved in hazardous waste management must have a job title and a job description that includes their hazardous waste responsibilities. Specific haz ardous waste training must be related to that person's hazardous waste responsibilities as outlined in the job title and job description. For further information, contact Darryl Weak ley at (612) 297-8497 or (800) 657-3864. Annual training. LQGs are required to pre sent hazardous waste training yearly. Training description. Describe the initial and continuing training received by every employee in a written document. All training documents must be available for inspection. o EPS fl-sB Ss El Documentation. This is a must. During inspections, hazardous waste inspectors will ask to see training records showing job titles and descriptions, type of training each employee has received, and evidence of annual training provided by the company. Program history has shown that companies that have training violations usually have vio lations in other areas as well. A good training program will increase employee safety and help ensure proper waste management which should, in turn, make compliance easier and more cost effective to achieve. 1994 J. J. Keller & Associates, Inc.. Neenah, WI 54957-0368, U.S.A. All rights are reserved. Neither the Bulletin nor any part thereof may be reproduced in any manner without the written permission of the publisher. Due to the constantly changing nature of government regulations, it is impossible to guarantee absolute accuracy of the material contained herein. The Publisher and Editors, therefore, cannot assume any responsibility for omissions, errors, misprinting, or ambiguity contained within this publication and shall not be held liable in any degree for any loss or injury caused by such omission, error, misprinting or ambigu ity presented in this publication. This publication is designed to provide reasonably accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the Publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. EDITOR: Kim F. Laabs EDITORIAL MANAGER: Webb A. Shaw CONTRIBUTING EDITORS: Timothy J. Solinger, Linda Wereley, Mary Gavin Schreiber. Julie Nussbaum. Jerry Woodson. Pat Olsen ISSN 1053-3826 Canadian Goods and Services Tax (GST) Number - R123-317687 Printed In USA :El!l!ERT85ASSO.CIATEWlNG.1 CTL023261 Highlight on Publications -- Compliance Audits Training & Recordkeeping Essential Checklists for OSHA, EPA & Other Key Agencies OSHA/EPA/DOT Crossreference Manual Compliance Need The complexity of complying with OSHA and EPA regula tions requires constant auditing. This unique manual makes the auditing process easier and more comprehensive. Product Information Organized by work-area or typical work situation, this manual has three sections: 1. A "pull-out/carry-along" section for the in-plant audit, con sisting of multi-part forms: An original for the auditor file, copy for maintenance/repair, and a copy to verify repair. 2. An "office-based" audit section to verify compliance with planning and recordkeeping requirements. 3. A reference section with explanatory material. The record keeping section covers emergency response plans, Hazard communication plans, training and similar items. Compliance Need When dealing with multiple regulatory agencies such as OSHA, EPA, and DOT, there is an overriding need for coor dinating the massive recordkeeping and training requirements while eliminating overlapping efforts. Records should also be easily accessible. Product Information This "one-stop" reference helps save time by consolidating compliance requirements for OSHA/EPA/DOT training and recordkeeping. It clearly explains requirements and how to handle them to avoid duplicating compliance efforts. It also provides a unified, comprehensive approach to recordkeeping to help assure successful compliance as well as proper docu mentation in the event of a lawsuit or agency enforcement action. Samples of forms, logs and other support documenta tion are included. Specifications 17 area-specific 4-part forms and 1 generic form in front pocket of binder. (Includes pad holder). EPA and OSHA checklists for work areas, including: Warehouse, Welding Area, Compressed Gas Storage Area, Spray Paint Area, Plant Maintenance Area, etc. Hazard Communication written program; Process Safety Management of Highly Hazardous Chemicals; Emergency Action Plan; employee training records and much more. T Loose-leaf 3-ring binder, tab divided, 192 pages. Update Service available separately. Special/ Subscriber Offer: Purchase a 3 dr 5 year subscriptiohand receive this manual FREE! Specifications Addresses training, as required under OSHA, EPA and DOT: Lists of required training; forms and certificates to be used; compliance tips; checklists; and recordkeeping. Loose-leaf 3-ring binder, tab-divided. Approximately 450 pages. Update Service available separately. Special Subscriber Offer: Purchase a 3 or 5 year subscription and receive this manual FREE! Manual alone. Manual alone. Only $125 Only $125 (800) 327-6868 (800) 327-6868 J. J. KELLER & ASSOCIATES, INC. Action Code 9032 Highlight on Training -- Lockout/Tagout Safety Training A Video Training Kit Compliance Need 29 CFR 1910.147 requires that employees involved in certain processes must be provided with a specific training program, on lockout/tagout. Product Information A full-color video shows employees practicing proper lock out/tagout procedures in an actual manufacturing plant. It includes employee handbooks filled with the exact training information called for in 29CFR, Part 1910.147. the kit focuses on energy sources - how to identify them, what pro cedures are required to avoid life threatening situations, how to ensure a "Zero Energy State", when to use tags, what rules to follow for using multiple locks, and other informa tion. It includes the proper paperwork for meeting documen tation requirements. Each kit contains enough material to train up to 10 employees. Additional materials can be ordered separately. Specifications 1 VHS, full-color, 13-minute Video 1 Instructors Guide (20 pages) 10 Employee Handbooks (20 pages each; pre- and post training quizzes included) T 1 Training Log 10 Wallet Cards Safe Forklift Operations A Video Training Kit Compliance Need 1910.178(1) states that anyone who operates a powered industrial truck (forklift) must be trained. Product Information This ready-to-use program covers everything the forklift operator needs to know based on OSHA's Part 1910.178 training requirements. The full-color training video shows professional forklift drivers in different warehouse situations. Topics covered include; inspecting the forklift, picking up and traveling with loads, stacking and dropping loads, work ing with smaller lift devices, and proper procedures for using hand trucks and other equipment. The kit comes in an attrac tive clamshell binder for convenient storage of components. Each kit contains enough material to train up to 10 employ ees. Additional materials can be ordered separately. Specifications 1 VHS, full-color 18-minute Video 1 Instructor's Guide (8 pages) 10 Employee Handbooks (20 pages each; pre- and post training quizzes included) 1 Training Log 10 Wallet Cards Special Subscrib r Offer: Receive this entire pro gram in an attractive clamshell binder for.. .- Special Subscriber Offer: Receive this entire pro gram in an attractive , _ clamshell binder for... Only $125 Only $125(TS-28-K) (800) 327-6868 (TS-27-K) (800) 327-6868 J. J. KELLER & ASSOCIATES, INC. Action Code 9032 U252