EHSCHeck

What's Up?

Environmental, Health, and Safety Reflections and Predictions

The opinions expressed by CH2M or others in this review are meant only to provide an overview of agency positions. They are not intended to be, and should not be construed as, legal or other advice for any particular fact situation.

CH2M's EHS Reflections and Predictions | April 2017

2

2016 Reflections on and 2017 Predictions for Environmental, Health, and Safety RegulationsWelcome to the inaugural issue of EHS CHeck, where we offer our clients insights into the rapidly changing environmental, health, and safety (EHS) regulatory environment. This publication will be supplemented with timely updates on CH2M’s Newsroom, so that you always have critical information at your fingertips. Our goal is to help you have the knowledge and insights you need to make the best decisions for your programs, business, and industry.

Editor’s ThoughtsWithout a doubt, we are living in interesting times with respect to EHS considerations. No shortage of opinions exists about what sort of atmosphere the new U.S. presidential administration will bring to EHS professionals, but a few facts can go a long way toward keeping us prepared:

The Obama Administration issued 35 executive orders (EOs) on the subject of energy, environment, and climate change. In addition, there are several occupational safety and health regulations that may be reviewed under the new administration. These are referenced in more detail throughout this circular. The new administration can unilaterally rescind EOs without congressional or judicial review, although some EOs may be kept. Of course, the administration has already started issuing its own EOs, which will affect business policy. We discuss some of those changes in this circular. As things keep changing, it may be helpful to bear in mind the following points:

• All new and pending rules and regulations have been frozen by an EO under the new administration. However, any rules subject to statutory or court-ordered deadlines cannot be delayed indefinitely without inviting citizen suits. Proposed rules not under a deadline may be altered, delayed, or scrapped.

• Recently promulgated rules may be subject to revocation under the Congressional Review Act (CRA), if the rules meet certain time and review criteria. The CRA has rarely been used, but has been the subject of discussion during the transition, particularly with regard to the Waters of the U.S. rule.

• The administration may use enforcement discretion and establish new enforcement priorities, but it cannot abdicate its duty to enforce the law without inviting legal action.

These thoughts reflect only a high-level look at how the regulatory landscape may be affected as the future unfolds. EHS professionals should keep themselves well informed on the topic of changing rules and requirements to keep up in a rapidly changing world. That is our purpose in offering you this informative circular on recent changes and likely priorities in the regulatory world.

We will follow up with similar future issues, as well as posts to CH2M’s Newsroom, to give our clients the latest news on how things are changing in the EHS regulatory landscape. If you are interested in receiving these and other updates, please subscribe to the CH2M Newsroom updates. I look forward to sharing in this regulatory journey with you.

Thanks,

Tabitha A. Laser, CSP Global Health & Safety Practice Leader Phone +1 281.721.8433

FOR MORE INFORMATION: OBAMA ADMINISTRATION EXECUTIVE ORDERS

GO TO CH2M NEWSROOM

3

CH2M's EHS Reflections and Predictions | April 2017

ContentsEDITOR’S THOUGHTS .......................................................................................................................................................................................................................2

CHANGES AND FORECASTS FOR U.S. ENVIRONMENTAL EFFORTS AND WORKPLACE SAFETY UNDER THE NEW ADMINISTRATION ...............................................................................................................................................................................................................................4

Who Is Alexander Acosta? ............................................................................................................................................................................................................4

REGULATIONS TAKING EFFECT ..................................................................................................................................................................................................5

Environmental Protection Agency Issued the Final Rule for Standards of Performance for Crude Oil and Natural Gas Facilities .................................................................................................................................................5

EPA Issues the Final Rule for 40 CFR 98, Subpart W ........................................................................................................................................................5

Final Amendments Issued to the Risk Management Program Rule ...........................................................................................................................6

EPA Issued the Hazardous Waste Generator Improvements Rule .............................................................................................................................6

U.S. Labor Department Hiked OSHA Penalty Amounts by 78% .................................................................................................................................7

OSHA Issued a Final Rule for Publicly Accessible Tracking of Workplace Injuries and Illnesses ......................................................................7

OSHA Updated the Guidelines for Safety and Health Programs That It First Released 30 Years Ago .........................................................7

OSHA Overhauled 29 CFR 1910, Subpart D to Address Slips, Trips, and Falls ........................................................................................................7

OSHA Issued a Final Rule to Protect Workers from Fatalities and Illness Related to Respirable Crystalline Silica ...................................8

Zika Virus Transmission Around the World ..........................................................................................................................................................................9

ISO is Developing Standard ISO 45001 to Reduce Burdens of Health and Safety Management and Create Better Working Conditions .........................................10

Deadline has Passed for Globally Harmonized System Related to Hazard Communications ........................................................................10

OSHA Warns About Negative Incentive Programs Regarding Injury Reporting .................................................................................................10

OSHA’s New Chemical Emphasis Program Includes Refineries .................................................................................................................................. 11

National Fire Protection Agency Updates Related to Major Electrical Hazards… Are You Compliant? ....................................................... 11

Department of Transportation Requires States to Comply with Commercial Driving License Requirements for Transportation of Agricultural Commodities ..................................................................... 12

Department of Transportation Issues Construction Manager/General Contractor Contracting Final Rule ............................................. 12

INTERNATIONAL UPDATES ........................................................................................................................................................................................................ 13

Changes to Provisions and Labeling Requirements for Transporting Dangerous Goods Via Road ............................................................. 13

United Kingdom Regulations Introduced ............................................................................................................................................................................ 13

Canada Proposes Environmental Emergency Regulations ........................................................................................................................................ 13

Australia Mandates Globally Harmonized System for the Classification and Labeling of Chemicals .......................................................... 13

CONCLUDING REMARKS AND EXPERT INSIGHTS ..........................................................................................................................................................14

MEET OUR EXPERTS .......................................................................................................................................................................................................................14

CH2M's EHS Reflections and Predictions | April 2017

4

CH2M's EHS Reflections and Predictions | April 2017

4

Although workplace safety was not a centrally discussed campaign issue during the U.S. elections, there are some indications about how the new administration will approach safety and health issues. The administration's stance on limited regulations, along with robust experience in construction and other industries, support a view that the new administration's policies may be geared more toward compliance assistance than enforcement.

As part of the transition toward a new direction, the new administration has taken some measures that directly affect EHS regulations. Soon after the presidential inauguration on January 20, 2017, the administration issued a memorandum with the subject "regulatory freeze pending review" for all federal departments and agencies. The order affects all rules that had been finalized (published in the Federal Register) but not yet taken effect, as well as those rules that had been sent to the Office of the Federal Register but not published in the Federal Register.

On February 17, the Senate confirmed Scott Pruitt to head the U.S. Environmental Protection Agency (EPA). As the former attorney general of Oklahoma, Pruitt has spent much of his energy in confrontation with the agency he is now leading. Indeed, he filed 14 lawsuits against the EPA. How this historically adversarial relationship plays out will be of great interest in the coming months.

In addition, after Andrew Puzder withdrew his nomination as the Secretary of Labor, President Trump nominated Alexander Acosta to the position. In this role, Acosta will head the U.S. Department of Labor, an agency that deeply affects employers nationwide.

Finally, in the realm of worker safety, on January 23, the new administration appointed Heather MacDougall to serve as Acting Chairman of the Occupational Safety and Health Review Commission. MacDougall, a Republican, was originally appointed to the commission by President Obama (and approved by the U.S. Senate in 2014). She is replacing Cynthia Attwood, a Democrat and the prior commission chairman. Attwood is continuing to serve on the commission; her term expires in April 2019. MacDougall’s current tenure on the commission expires on April 27, 2017. There continues to be a vacancy on this three-person commission. Most likely, the new administration will fill that role with a Republican to create a like-minded majority for the commission.

Changes and Forecasts for U.S. Environmental Efforts and Workplace Safety and Health Under the New Administration

Who Is Alexander Acosta?

Nominated on February 16 to be Secretary of Labor, Alexander Acosta will be in a position to affect labor and employers over the next 4 years. Acosta is currently the dean of Florida International University’s law school. His former work includes serving as a member of the National Labor Relations Board (2002 – 2003) and as the first Hispanic assistant attorney general (2003 – 2005), a position he held in the civil rights division of the Department of Justice under President George W. Bush. Early in his career, he also clerked for U.S. Supreme Court Justice Samuel Alito (who was then on the U.S. Court of Appeals, 3rd Circuit). Acosta’s career has included defending the rights of Muslims, along with targeting health care fraud and white collar crime. In a statement, the new administration emphasized Acosta’s abilities to “support the American worker…[and] be a key part of achieving our goal of revitalizing the American economy, manufacturing, and labor force.” Considering that Acosta has already been confirmed by the Senate for three previous positions, we expect that he will likely be confirmed as Labor Secretary.

With Acosta's prior focus areas, and the new administration's views on regulation, the future of OSHA, and workplace safety and health policy in the U.S. is still unclear…we will watch closely to see how things play out in 2017 and coming years.

For an interesting forecast of how specific regulations may be affected, see the article “OSHA Under Trump: A Closer Look” in Safety & Health magazine.

FOR MORE INFORMATION ON THEWHITEHOUSE REGULATORY FREEZE PENDING REVIEW MEMORANDUM

GO TO:OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

CH2M's EHS Reflections and Predictions | April 2017

5

Environmental Protection Agency Issued the Final Rule for Standards of Performance for Crude Oil and Natural Gas Facilities

On August 2, 2016, the EPA issued the Final Rule for 40 Code of Federal Regulations (CFR) 60, Subpart OOOOa (Standards of Performance for Crude Oil and Natural Gas Facilities). The new regulation applies to facilities that began construction, reconstruction, or modification after September 18, 2015. The regulation targets methane and volatile organic compounds that originate from oil and gas (O&G) sources already regulated under Subpart OOOO, as well as new emission sources that are not covered by it.

The final rule affects various O&G industry segments, including natural gas well sites, oil well sites, production and gathering and boosting stations, natural gas processing plants, and natural gas compressor stations (transmission and storage).

The final rule also amends 40 CFR 60, Subpart OOOO by identifying methane as a regulated pollutant. The new regulation includes methane standards for O&G sources.

The fundamental change implemented in Subpart OOOOa reflects the addition of greenhouse gases (GHGs), expressed as methane, as a regulated pollutant. It also expands the original rule to include hydraulically fractured oil well completions, pneumatic pumps, and fugitive emissions from well sites and compressor stations.

EPA Issues the Final Rule for 40 CFR 98, Subpart W

On November 30, 2016, EPA issued the final rule for 40 CFR 98, Subpart W (Greenhouse Gas Reporting Rule for Petroleum and Natural Gas Systems) to incorporate the new 40 CFR 60, Subpart OOOOa. Subpart W is the EPA’s mandatory GHG reporting program for petroleum and natural gas systems that emit greater than 25,000 metric tons of GHGs.

The revisions to Subpart W added new monitoring methods for detecting leaks from O&G equipment to be consistent with the leak detection methods in the recently finalized Subpart OOOOa. The revision also added emission factors for leaking equipment to be used in conjunction with these monitoring methods to calculate and report GHG emissions resulting from equipment leaks. EPA also finalized confidentiality determinations for new or substantially revised data reporting elements.

For this reporting year, Subpart W reports include the addition of a new segment, onshore oil and natural gas gathering and boosting. One new element that could significantly affect reporting processes is the requirement of well-by-well reporting of well ID numbers. GHG reports under Subpart W are due no later than March 31, 2017.

FOR MORE INFORMATION

FOR MORE INFORMATION

Regulations Taking Effect

CH2M's EHS Reflections and Predictions | April 2017

6

Final Amendments Issued to the Risk Management Program Rule

On January 13, 2017, the EPA published the final version of the agency’s Accidental Release Prevention Requirements: Risk Management Programs (RMP), under the Clean Air Act, in the Federal Register (82 FR 4594). This is part of a broader effort to implement EO 13650, Improving Chemical Facility Safety and Security. The final changes revise the RMP regulations, specifically 40 CFR 68, to include additional accident prevention requirements, enhancements to the emergency preparedness requirements, and increased public availability of chemical hazardous information. The EPA recently announced another delay of the effective date of this rule for 90 days, until June 19, 2017. Note that the basic structure of the RMP does not change with the final rule. The purpose of the final rule is to enhance the existing rule to improve safety at facilities that use and distribute hazardous chemicals.

Important compliance dates include:• Comply with emergency response coordination activities within 1 year

of the effective date of the final rule.

• Comply with new provisions, unless otherwise stated, 4 years after the effective date of the final rule.

• Provide regulated sources with 1 additional year to correct or resubmit risk management plans to reflect new and revised data elements.

• Provide up to 3 years for owners or operators of stationary sources to develop an emergency response program. The compliance with emergency response requirements is directed to nonresponding facilities (that is, facilities that rely on local responders and not onsite response teams).

EPA Issued the Hazardous Waste Generator Improvements Rule

On November 28, 2016, the EPA published the final version of the Hazardous Waste Generator Improvements Rule in the Federal Register (81 FR 85732-85829). This rule significantly changes hazardous waste generator regulations, including more than 60 changes to clarify existing requirements, increase flexibility, and improve environmental protection. The rule becomes effective for states not authorized for the base RCRA program (for example, Alaska and Iowa) on May 30, 2017.

The final rule incorporates many changes to the current regulation, but also provides new and specific requirements which generators need to adhere to stay compliant. Some of the changes provide greater flexibility to handle and manage waste, and also make the regulations easier to follow, especially for new generators. Other parts of the final rule intended to improve environmental protection bring stringent requirements that must be adopted. Some of the key changes include:

• Reorganizing the regulations

• Providing increased flexibility for managing hazardous waste

• Labeling, marking, and unit documentation changes

• Small quantity generator changes

• Large quantity generator changes

Some revisions are more stringent than current regulations and must be adopted by authorized states by July 1, 2018 (or by July 1, 2019, if the state legislature needs to be involved). For revisions that EPA considers to be either less or equally stringent, authorized states may, but are not required to, adopt them.

Clean Air ActSection 112(r)

40 CFR Part 68Risk Management Program

HazardAssessment

PreventionProgram

EmergencyResponse

GO TO:HAZARDOUS WASTE GENERATION IMPROVEMENTS RULE

Under the Clean Air Act, the RMP structure will remain the same, with enhancements.

7

CH2M's EHS Reflections and Predictions | April 2017

OSHA Issued a Final Rule for Publicly Accessible Tracking of Workplace Injuries and Illnesses

The new final rule, which took effect on January 1, 2017, requires certain employers to electronically submit injury and illness data (OSHA’s forms 300 and 300A) to make the information available for searching, trending, and performing data analyses. OSHA has indicated that it expects this new rule will help improve workplace safety by making information more accessible to the public, placing employers under the scrutiny of public health researchers, potential customers, and potential employees. However, this rule may be reconsidered under the new Republican administration.

This rule may help facilitate the benchmarking of safety programs among various industries.

OSHA Updated the Guidelines for Safety and Health Programs That It First Released 30 Years Ago

In October 2016, OSHA reissued Recommended Practices for Safety and Health Programs, a 40-page pamphlet that serves as a toolkit for small- and medium-sized businesses. This pamphlet is tailored to a wide spectrum of businesses. It aims to promote improvements in work processes, workplace morale, employee recruiting and retention, and public reputation.

Traditional approaches are often reactive, whereas these guidelines use a proactive approach to managing workplace safety and health. In other words, they focus on finding and fixing hazards before they cause injury or illness, which is a far more effective approach.

U.S. Labor Department Hiked OSHA Penalty Amounts by 78%

On August 2, 2016, the Department of Labor adjusted civil penalties for its agencies to account for inflation. The Occupational Safety & Health Administration (OSHA) penalties have increased approximately 78 percent. States that operate their own occupational safety and health plans are required to follow suit. Penalties for violations are shown below.

Civil Penalties for OSHA Violations

Type of Violation Previous Maximum Penalty

New Maximum Penalty

• Serious• Other-Than-Serious• Posting

Requirements

$7,000 per violation $12,471 per violation

Failure to Abate $7,000 per day beyond abatement date

$12,471 per day beyond abatement date

Willful or Repeated $70,000 per violation $124,709 per violation

This rule will likely be reviewed and perhaps revoked under the new administration. Additionally, the administration may seek to reduce penalties further.

FOR MORE INFORMATION

FOR MORE INFORMATION

FOR MORE INFORMATION

Recommended Practices for

Safety and Health Programs

Worker Participation

Find and Fix Hazards

Management Leadership

Occupational Safety and Health Administration

www.osha.gov/shpguidelines

OSHA 3885 October 2016

CH2M's EHS Reflections and Predictions | April 2017

8

OSHA Issued a Final Rule to Protect Workers from Fatalities and Illness Related to Respirable Crystalline Silica

OSHA estimates 600 fatalities and 900 new cases of silicosis will be avoided as a result of the implementation of this final rule, which was issued on June 23, 2016. Over the next 60 years, the rule is anticipated to provide estimated average net benefits to society of $3.8 to $7.7 billion annually, in terms of reduced costs associated with preventing silica-related illnesses and deaths. The total annualized cost of the rule is just over $1 billion.

The allotment of time granted for compliance with the requirements is 1 year for the construction industry and 2 years for the general, maritime, and hydraulic fracturing industries. The hydraulic fracturing industry has also been given 5 years to fully implement engineering controls.

The key provisions of the final rule include:• Reduction in the permissible exposure limit for respirable crystalline

silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift

• Requirements that employers use engineering controls (such as water or ventilation) to limit worker exposure to the permissible exposure limit; provide respirators when engineering controls cannot adequately limit exposure; limit worker access to high exposure areas; develop a written exposure control plan; offer medical exams to highly exposed workers; and train workers on silica risks and how to limit exposures

• Requirements for medical exams to monitor highly exposed workers and give them information about their lung health

• Flexibility to help employers, especially small businesses, protect workers from silica exposure

This rule has received praise and criticism. Among critics are some labor advocates and unions, who suggest that the medical provisions should be stronger, and some leaders of industry, who suggest that the rule is technologically and economically impossible. Under the new administration, this rule may well be altered or revoked.

FOR MORE INFORMATION

GO TO:“OSHA’S NEW SILICA RULE GENERATES PRAISE, CRITICISM” ARTICLE

OSHA Overhauled 29 CFR 1910, Subpart D to Address Slips, Trips, and Falls

On November 17, 2016, OSHA overhauled 29 CFR 1910, Subpart D (Walking Working Surfaces), issuing new regulations to address slips, trips, and falls. Falls are the leading cause of worker deaths and injuries.

The final rule updates and clarifies standards, and adds training and inspection requirements. The rule also incorporates contemporary technologies, offering employers greater flexibility in selecting alternative methods of fall protection. For example, the preexisting mandate to use guardrails as a primary fall protection system (29 CFR 1910.22[c]) has been replaced to allow the accepted fall protection system best suited for the task. Note that this regulation does not affect construction or agricultural standards.

FOR MORE INFORMATION

CH2M's EHS Reflections and Predictions | April 2017

9

CH2M's EHS Reflections and Predictions | April 2017

9

Update on Zika Virus Transmission Around the World

The Zika virus is a blood-borne pathogen transmitted by mosquitoes. The aedes aegypti mosquito, which is the species responsible for Zika transmissions, also spreads Chikungunya and Dengue viruses. These mosquitoes are urban dwellers that are prone to laying eggs in and near water, in close proximity to humans. Zika virus is also transmitted during sexual intercourse, even if the infected person is not showing symptoms or has never developed symptoms.

There is currently no vaccine for the Zika virus. As of December 2016, active Zika virus transmissions have been reported in every country throughout the Americas, with the exceptions of Uruguay, Chile, and Canada. Zika virus has also been reported in numerous Pacific Islands to the east of Singapore, as well as the Cape Verde Islands off the west coast of Africa’s Senegal. The Center for Disease Control and Prevention considers Zika virus disease and Zika virus congenital infection to be nationally notifiable conditions. Within the United States, 220 locally acquired mosquito-borne cases have been reported, 4,753 travel-associated cases have been reported, and 1 laboratory-acquired case has been reported. Locally acquired cases within the United States have occurred in Florida and Texas. Travel advisories are in effect for Miami, Florida, and Brownsville, Texas.

If your company has workers who may be exposed to mosquitoes or the blood or other body fluids of an infected person, or plan to travel to areas with Zika please take the time to refer to the Center for Disease Control and Prevention business guidance.

GO TO:CENTERS FOR DISEASE CONTROL AND PREVENTION’S MOSQUITO BITE PREVENTION GUIDE

GO TO:ZIKA: PROTECTING US BUSINESSES AND BUSINESS TRAVELERS

FOR INTERNATIONAL UPDATES ON THE ZIKA VIRUS, VISIT THE WORLD HEALTH ORGANIZATION

Headache, Fever

There is a possibility of a link between Zika virus infection and infant microcephaly

Sym

ptom

s of Z

ika

Viru

s

1 in 4 people with Zika infection develop symptoms, which can last up to a week

Conjunctivitus,Pain Behind Eyes

Vomiting

Muscle Pain

Skin Rash

Joint Pain

10

CH2M's EHS Reflections and Predictions | April 2017

OSHA Warns About Negative Incentive Programs Regarding Injury Reporting

“Incentive programs that discourage employees from reporting their injuries are problematic,” reads OSHA’s memorandum. Many employers implement safety incentive programs that initially appeal to employees, but statistically have negative ramifications that do not protect workers’ rights. A safety program that promises a barbeque cookout for any department that can go for a month without any injuries sounds like an easy win for the employer and employees, but eventually results in unnecessary peer pressure to hide injuries and “take one for the team.” This failure to report results in compounding the severity of an injury and denies a worker the right to claim worker’s compensation insurance for the injury as work related. OSHA issued a memorandum to field compliance officers and whistleblower investigative staff, targeting this type of incentive program as an employer practice that discourages employee reports of injuries. OSHA interprets such discouragement to be an act of discrimination against an employee for reporting an injury or illness, which violates Section 11(c) of the Occupational Safety and Health Act.

Note that OSHA’s more than 22 statutes that compose the whistleblower protection program may be affected by the new presidential administration. For example, whereas in the recent past, OSHA lowered employees’ burden of proof of retaliation for reporting on employers, the new administration may revert to historical requirements.

Deadline has Passed for Globally Harmonized System Related to Hazard Communications

June 1, 2016, marked OSHA’s deadline for transitioning workplaces to the Globally Harmonized System, which requires employers to update hazard communication programs, workplace labeling, and training programs, as follows:

• The hazard communication program should include a chemical inventory that contains safety data sheets rather than material safety data sheets.

• All hazardous chemical container labels must include: a product identifier, supplier identification, precautionary statements, hazard pictogram(s), signal word, hazard statement(s), and supplemental information.

• Employee training needs to address newly identified physical/health hazards associated with chemicals in the workplace.

ISO is Developing Standard ISO 45001 to Reduce Burdens of Health and Safety Management and Create Better Working Conditions

The International Organization for Standardization (ISO) is developing a new standard, ISO 45001, in an effort to help organizations reduce the burden of H&S management by providing a framework to improve employee safety, reduce workplace risks, and create better, safer working conditions, worldwide. The 45001 standard is inclusive by design. It may be incorporated into any business model, addressing the majority of legal safety requirements. Drafts may be obtained through November 2017 by contacting a national ISO member. The standard’s final publication is anticipated in December 2017.

FOR MORE INFORMATION

FOR MORE INFORMATION

FOR MORE INFORMATION

GO TO:SECTION 11(C) OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Hazardous Chemical Label for the Globally Harmonized System

CH2M's EHS Reflections and Predictions | April 2017

11

OSHA’s New Chemical Emphasis Program Includes Refineries

In an effort toward being more comprehensive, OSHA has moved forward with publishing the new Chemical National Emphasis Program (NEP) on January 17, 2017. The NEP will bring regulatory attention to ALL facilities with highly hazardous chemicals in amounts at, or greater than, the threshold quantities listed in the agency’s process safety management standard (29 CFR 1910.119). OSHA plans to establish inspection targets for the following four categories:

• Employers with anhydrous ammonia as their principal highly hazardous chemical

• Refiners

• Chemical manufacturers

• Others

According to OSHA, “NEP inspections conducted at petroleum refineries will be conducted in the same manner as NEP inspections conducted at all other facilities covered by this instruction.” OSHA also clarified that targeted sites include pyrotechnic manufacturing facilities. Both programmed and unprogrammed inspections associated with the NEP are scheduled to begin immediately in all regions.

Additionally, OSHA has said that state plans are required to participate in this program. Any non-federal state programs must notify OSHA within 60 days whether their emphasis programs will be identical to, or different from, the federal initiative. State plan adoption, either identical or different, must be accomplished within 6 months.

National Fire Protection Agency Updates Related to Major Electrical Hazards… Are You Compliant?

National Fire Protections Agency (NFPA) 70E includes requirements for safe work practices to protect personnel by reducing exposure to major electrical hazards. Originally developed at OSHA's request, NFPA 70E helps companies and employees avoid workplace injuries and fatalities resulting from shock, electrocution, arc flash, and arc blast, and assists in complying with OSHA 1910, Subpart S (Electrical Safety and Health Regulations for General Industry), and OSHA 1926, Subpart K (Electrical Safety and Health Regulations for Construction). The standard addresses provisions that encompass safety-related work practices, safety-related maintenance requirements, and safety requirements for special equipment. The standard includes guidance for making hazard identification and risk assessments, selecting appropriate personal protective equipment, establishing an electrically safe work condition, and training employees.

Specifically, the standard addresses installation, operation, maintenance, and demolition of electric conductors/equipment, signaling and communications conductors/equipment, and raceways. It includes safe work practices for installing conductors, office buildings, warehouses, garages, machine shops, and recreational buildings.

FOR MORE INFORMATION

CH2M's EHS Reflections and Predictions | April 2017

12

Department of Transportation Requires States to Comply with Commercial Driving License Requirements for Transportation of Agricultural Commodities

As of March 14, 2016, states must adopt federal exemptions set in place by MAP-21 for covered farm vehicles and commercial motor vehicles under the following conditions:

• Operating within 150 air-miles of the farm

• Hauling unprocessed agricultural commodities/supplies (that is, fertilizer, pesticides, and fuel for tractors)

• Operating during planting/harvesting season for that state

The new exemption expands the hours of service for farmers and ranchers (covered farm vehicles), and agricultural businesses (commercial motor vehicles, primarily shipping) during planting and harvesting season.

Department of Transportation Issues Construction Manager/General Contractor Contracting Final Rule

The Department of Transportation issued the construction manager (CM)/general contractor (GC) contracting final rule on December 2, 2016, enabling contracting agencies to use a single procurement to secure pre-construction and construction services (23 CFR Parts 630 and 635). This rule goes into effect on January 3, 2017.

With this rule, when an owner considers a design to be complete, a CM has an opportunity to bid on the project based on the completed design and schedule. If the owner, designer, and independent cost estimator agree that the contractor has submitted a fair price, then the owner issues a construction contract and the CM becomes the GC. The GC acts as the consultant during the design process and can offer constructability and pricing feedback on design options, and identify risks based on the contractor's established means and methods. This process allows the owner to be an active participant during the design process and make informed decisions on design options based on the contractor's expertise.

When compared against other methods in the Federal Highway Administration’s Special Experimental Project #14, the CM/GC method was selected based on performance. Implementation of this final rule fulfills the statutory requirement (to promulgate the regulation) in Section 1303(b) of Moving Ahead for Progress in the 21st Century Act (Public Law 112-141).

The bottom line is that the CM/GC delivery method was designed to incorporate procedures to better control your schedule, budget, and quality. It was developed as a result of public owner demands to enhance quality, decrease cost, compress the delivery period, and improve risk management.

GO TO:AGRICULTURAL EXEMPTIONS QUESTION AND ANSWERS

FOR MORE INFORMATION

FOR MORE INFORMATION

Owner

Designerof Record

Design Subconsultants

Trade Subcontractors

GeneralContractor

Construction

ConstructionManager

Preconstruction

Contractual Coordination

Requirements

The CM/GC Rule allows owners to make informed decisions and be active participants in the design process.

CH2M's EHS Reflections and Predictions | April 2017

13

CH2M's EHS Reflections and Predictions | April 2017

United Kingdom Regulations Introduced

Numerous regulations have been introduced toward implementing recent European Union directives related to products. Only Lifts Regulations 2016, which implements Directive 2014/33/EU, appears to introduce technical changes. This regulation is part of an effort to achieve collaborative laws among member states regarding lifts and their safety components. Changes introduced by this regulation include additional record keeping and labeling requirements.

International Updates

Changes to Provisions and Labeling Requirements for Transporting Dangerous Goods Via Road

The most recent (2017) version of the European Agreement includes changes to the International Carriage of Dangerous Goods by Road (ADR 2017) provision. The requirement went into effect on January 1, 2017, with a transitional provision that allows the previous (2015) rule to be applied until June 30, 2017. In countries that follow the ADR, companies transporting dangerous goods via road will likely have to change their packaging and labeling. This rule change is intended to increase safety. It includes new United Nations numbers in the “Dangerous Goods List,” special provisions for polymerizing substances, and new markings and “danger” labels for lithium batteries.

Canada Proposes Environmental Emergency Regulations

Proposed environmental emergency regulations, which were published on October 8, 2016, are intended to “further enhance environmental emergency management in Canada.” Published in the Canada Gazette, Part I, these regulations would replace the existing environmental emergency regulations.

Among changes evident in the new regulations are the addition of 49 hazardous substances to Schedule 1, which requires reporting on and planning for these substances, as well as reporting spills or releases that involve these substances. Additionally, the three parts of Schedule 1 are consolidated into a single list to strengthen and clarify the regulations.

Australia Mandates Globally Harmonized System for the Classification and Labeling of Chemicals

As of January 1, 2017, the transition period has ended and compliance with the Globally Harmonized System is mandatory for the following Australian states and territories: New South Wales, Queensland, South Australia, the Northern Territory, and Tasmania. To address concerns that requiring manufacturers to relabel existing chemicals would create an unnecessary burden, a national decision was made that chemicals manufactured, or supplied to a workplace, before January 1 do not need to be relabeled. Also, in the Northern Territory, companies using hazardous chemicals in the workplace can continue to purchase products that are not compliant with the new requirements until June 30, 2017. These companies may use these products in the workplace until they are used up.

FOR MORE INFORMATION FOR MORE INFORMATION

CH2M's EHS Reflections and Predictions | April 2017

14

Concluding Remarks and Expert Insights

CH2M's EHS Reflections and Predictions | April 2017

With regulations and laws in a state of constant change, it can be overwhelming trying to stay current. Fortunately, we have numerous resources designed to help us navigate through the fog. But, with so many to choose from and confusion on what to believe, such resources often end up in the trash without even being read. Even I am guilty of abusing the delete button and having piles of technical magazines sadly lying in wait to be read.

So, what is the answer to the overload of conflicting information? We wish it could be as easy as recommending a subscription to "X" publications, and having all of your prayers answered, but unfortunately it's not that simple. Working with numerous Fortune 500 and global companies over the past decades has helped us identify approaches that have worked, and ones that have backfired. One extremely valuable approach we've used is having a written “Learning” process in place, which defines an organization's strategy for capturing learnings (including regulatory changes, learnings from incidents, and best practices), reviewing the learnings for applicability, and then implementing action plans necessary to address the learnings in a consistent and systematic way throughout all levels of the organization. Does your company have a written learning process in place? If not, maybe it should be included as one of your New Year’s resolutions for 2017!

What is going on here?!Have a funny or clever idea for a caption? Submit your idea to Tabitha.Laser@ch2m.com. We will publish the winning selection in a future issue.

Caption This!

" Your Caption Here! "

CH2M's EHS Reflections and Predictions | April 2017

15

CH2M's EHS Reflections and Predictions | April 2017

Tabitha Laser Tabitha Laser, CSP, is the Health and Safety Practice Leader for CH2M. She has held EHS leadership roles over the past 23 years in various sectors, including chemicals, construction, manufacturing, medical, government, and agriculture. An “out-of-the-box” thinker, Tabitha constantly strives to apply systematic fit-for-purpose solutions using practical and manageable approaches.

Meet Our ExpertsKelly SobczakKelly Sobczak is Global Practice Director for Environmental Asset Services, focusing on environmental, health, safety, and sustainability business solutions and compliance. She has more than 27 years of experience in project management, auditing, management systems, and regulatory compliance issues.

Brian CalcoteBrian Calcote has guided clients through the assessment, design, implementation, and support of EHS information management systems for over 15 years. He strives to bridge the technical, technology, and organizational aspects of EHS systems to optimize integration into business processes and maximize the value systems can provide.

Rachel CarlsonRachel Carlson is a principal technologist and vice president with more than 25 years of experience in environmental compliance, permitting, and management systems. She helps clients address broad-reaching and schedule-driven environmental compliance obligations in areas such as facility modifications and regulatory interface, multimedia permitting and regulatory compliance, accident prevention and emergency response, management of air pollution control, waste management, and environmental management systems.

Don CaniparoliDon Caniparoli is the CH2M air quality Community of Practice lead. He has more than 35 years’ experience in the air quality field with CH2M and has worked with industrial and government installations across the country and internationally. CH2M O�ers

Global Customizable Environmental, Health,

Safety, and SustainabilityServices

Risk Assessments

Program Development

Strategies

Audits & Inspections

Training Development

& Delivery

Onsite H&S Support

Regulatory Compliance

Conformance with Company Requirements

Technology

Action Management

16

www.ch2m.com Follow us @ch2mhill

© 2017 CH2M HILL OH0112171110HOU

Contact us

Tabitha A. Laser, CSP H&S Business Solutions Leader 14701 St. Mary, Suite 300 Houston, TX 77079-2923 Tel: 813.465.9626 tabitha.laser@ch2m.com

Kelly Sobczak, P.E. Environmental Asset Services Practice Director 4350 West Cypress Street #600 Tampa, FL 33607-4155 Tel: 813.685.1497 kelly.sobczak@ch2m.com

About CH2M

CH2M leads the professional services industry — from iconic infrastructure to global programs like the Olympic Games — by delivering sustainable solutions that benefit societal, environmental, and economic outcomes. CH2M team members make positive differences by providing consulting, design, engineering, and management services for clients in water, environmental, nuclear, transportation, energy, and industrial markets.

Consistently ranked among the World’s Most Ethical Companies and top firms in environmental consulting and program management, CH2M also became the first professional services firm honored with the World Environment Center Gold Medal Award for efforts advancing sustainable development in 2016.