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Regulatory deadline: OSHA 300A summary must be posted by Feb. 1
The deadline for posting the Occupational Safety and Health Administration 300A Summary of Work-Related Injuries and Illnesses is coming up on Feb. 1. The OSHA 300A is used to summarize the entries from the full OSHA From 300 Log of Work-Related Injuries and Illnesses. OSHA requires companies to post this form no later than Feb. 1 each year and keep it posted through April 30 in a conspicuous place where employee notices are typically posted. Companies must also ensure that the posted summary is not altered, defaced or covered by other material during that time period. Companies must post the summary even if there were no recordable injury or illness cases for the year. Employers must take the following steps in preparing the 300A summary:
  1. Review the OSHA 300 Log to verify its completeness and accuracy and correct any mistakes;
  2. Create the annual summary of injuries and illnesses recorded on the OSHA 300 log;
  3. Make sure that a company executive certifies the summary;
  4. Post the summary as required under the regulation.
Click here for more information.
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Regulatory Update: Chemical Safety and Security Executive Order listening sessions announced for Houston and Newark
The Chemical Safety and Security Executive Order Working Group has announced additional listening sessions to take place in Houston on the evening of Thursday, Jan. 23 and all day on Friday, Jan. 24 and in Newark, N.J., during the afternoon and evening on Wednesday, Feb. 5. NACD members are strongly encouraged to participate in these listening sessions.
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Legislative Update: NACD joins letter expressing concerns about LIFO repeal as part of tax reform
Senate Finance Committee Chairman Max Baucus, D-Mont., recently released an updated "Staff Discussion Draft" for comprehensive tax reform. The draft proposes a full repeal of the Last In-First Out, or LIFO, method of inventory accounting. The premise is that certain tax expenditures should be eliminated from the Internal Revenue Code in exchange for a reduction in the overall corporate income tax rate. In response to the draft release, NACD, through the LIFO Coalition, sent a letter to the Chairmen and Ranking members of the Senate Finance Committee and the House Committee on Ways and Means arguing that the LIFO method is not a tax expenditure, and full repeal of the method would be detrimental to the economy and ineffective as a component of permanent tax reform.
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Regulatory Update: EPA publishes instructions on EPCRA trade secret claims
Last week, the U.S. Environmental Protection Agency published revised instructions for facilities that wish to claim trade secrets for chemicals reported under the Emergency Planning and Community Right-to-Know Act. These facilities must submit a substantiation form to justify the claim of trade secrecy as specified at 40 CFR Part 50. At the time an EPCRA report is submitted, the facility must provide responses to six questions on the substantiation form, as well as certify the assertions made in the claim. Details on the proper procedures to submit a trade secret package are described in EPA's document, which is available here.
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Regulatory Update: New EPA Region 4 administrator named
Last week, U.S. Environmental Protection Agency Administrator Gina McCarthy announced President Barack Obama's selection of Heather McTeer Toney to head EPA Region 4, which is headquartered in Atlanta and covers Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and six tribal nations. McTeer Toney began her career working as a member of McTeer and Associates Law Firm and handled a diverse group of cases ranging from racial discrimination to medical malpractice. Later she served as the President of the National Conference of Black Mayors and in 2009, was nominated by former EPA Administrator Lisa P. Jackson to serve as the Chairwoman of the Local Government Advisory Committee. Region 4 is of particular interest to NACD as this region has been actively conducting Toxic Substances Control Act inspections on chemical distributors.
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Security Update: DHS to hold webinars on National Infrastructure Protection Plan
The U.S. Department of Homeland Security recently announced the release of the updated National Infrastructure Protection Plan — NIPP 2013: Partnering for Critical Infrastructure Security and Resilience. DHS will hold two webinar sessions to raise awareness and educate critical infrastructure owners and operators on what they can do to take part in the NIPP. NACD members and Affiliates are invited to participate in these webinars. The sessions will take place Tuesday, Feb. 4, from 11 a.m. to 12 noon Eastern and Wednesday, Feb. 5, from 2 to 3 p.m. Eastern. The content will be the same for each webinar. The 2013 NIPP provides an updated approach to critical infrastructure security and resilience with a greater focus on integration of cyber and physical, more cross-sector and cross-jurisdictional coordination, better integration of information sharing as an essential component of the risk management framework and recognition of today's all hazards environment. Register online for the webinars.
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Senate Democrats push bill to prevent chemical spills
The Hill
A group of Senate Democrats will push legislation aimed at preventing chemical spills in the wake of West Virginia's leak that left 300,000 residents without clean water for several days. The state's senators, Joe Manchin and Jay Rockefeller, along with Sen. Barbara Boxer, D-Calif., announced their plan to introduce the Chemical Safety and Drinking Water Protection Act when Congress returns from recess later this month.
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West Virginia chemical spill poses a new test for lawmakers
The Washington Post
There are more than 80,000 chemicals in the United States catalogued by government regulators, and the health risks of most of them are unknown. This became glaringly obvious when, on Jan. 9, a clear, licorice-smelling chemical leaked from an old storage tank into the Elk River in West Virginia, contaminating the drinking water for much of the state, including the capital, Charleston. What made the spill alarming was not just the reports of rashes, stomachaches and other ailments but the paucity of information about the potential toxicity of Crude MCHM, which is primarily composed of a chemical named 4-methylcyclohexane methanol.
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Rockefeller announces $11 million grant to CSB
A new spending bill passed by Congress is granting more than $11 million to the Chemical Safety Board, which will allow it to better investigate the chemical leak in Charleston, W.V.
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CSB rejects oil refinery overhaul proposal
San Francisco Chronicle
The U.S. Chemical Safety Board has rejected a proposed overhaul of California's refinery safety practices — touted by its chairman after the 2012 Chevron refinery fire in Richmond — saying the plan would do little to improve safety immediately.
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Chicago mayor backs fee for rail cars carrying hazardous materials
Chicago Sun-Times
Noting that 30 percent of the nation's rail cargo passes through Chicago, Mayor Rahm Emanuel threw his formidable support behind a plan to slap a "hazardous materials transportation fee" on tank cars stored in or moving through the city.
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Missed last week's issue? See which articles your colleagues read most.

    Registration now open for January 2014 Listening Sessions for Chemical Safety and Security Executive Order (NACD)
OSHA proposes $99,000 fine for Geismar Plant for PSM violations (OSHA)
Trucks carried 70 percent of country's $13.6 trillion in freight in 2012 (Overdrive)

Don't be left behind. Click here to see what else you missed.

FMCSA to issue rule allowing it to ground repeat violators
Fleet Owner
Under a final rule to be published this week, the Federal Motor Carrier Safety Administration will have additional authority to shut down a for-hire trucking company that has shown "egregious disregard" for federal safety regulations. The rule allows FMCSA to suspend or revoke operating authority registration of carriers that (1) show egregious disregard for safety compliance; (2) permit persons who have shown egregious disregard for safety compliance to exercise controlling influence over their operations; or (3) operate multiple entities under common control to conceal noncompliance with safety regulations. The rule implements provisions of the 2005 and 2012 highway legislation.
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Foxx lays out vision for U.S. transportation
Fleet Owner
Boosting funding and shaving costs associated with repairing roads and bridge, while better integrating modes to haul both people and freight are but a few components of a major transportation "vision" unveiled by Transportation Secretary Anthony Foxx in a luncheon speech at the 93rd annual Transportation Research Board meeting.
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Editorial: Safety equals flexibility
Transport Topics
Two hundred thirty-six. That is how many truck occupants died in highway crashes during 2012 who were not wearing a safety belt, according to the federal government. The real number is even higher, when factoring in the 182 occupant deaths where no determination on safety-belt use could be made. Data on truck-occupant fatalities were a major focus of a presentation at the Transportation Research Board meeting last week by Jack Van Steenburg, chief safety officer of the Federal Motor Carrier Safety Administration. He also discussed how many truck-involved fatalities are related to speeding and distracted driving.
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Will truck owners face GHG enforcement?
Truck owners and manufacturers share responsibility for compliance with the new limits on carbon dioxide emissions and fuel economy, although the initial burden falls on the original equipment manufacturers. Comments by a builder representative at the Technology & Maintenance Council's meeting in Pittsburgh last September sparked angst among fleet managers about how the rule will be enforced.
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Colby Horton, Executive Vice President of Publishing, 469.420.2601
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