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IN THIS ISSUE ...

Top News
  • OSHA Publishes Memo Limiting PSM Retail Facilities Exemption
  • Customs Publishes Information on GSP Refund Process


  • Regulatory Alerts
  • FDA Publishes Proposals on Safety of Imported Foods Under FMSA
  • U.S. Government Limits Definition of Independent Contractor
  • Regulatory Preferred Provider Content — Bergeson & Campbell — Analysis of OSHA HCS 2012 Inspection Directive
  • Regulatory Preferred Provider Content — Labelmaster — Summer Doldrums Allow a Chance to Catch up on GHS
  • Two Companies Reach $105 Million Settlement with EPA for Failure to Submit Toxic Release Inventory Reports
  • CSB Report On Caribbean Petroleum Explosion On Hold Amid Board Dissent
  • Environmental Groups Sue EPA Over Chemical Spills
  • Port Truckers Strike Again Over Wage Theft Claims
  • Senate Highway Bill That Would Remove CSA Scores


  • Legislative News
  • Preemption Isn't A Dirty Word
  • This Week: Congress Speeds Toward Highway Funding Deadline
  • House GOP Leaders Frosty on Senate Highway Bill
  • Nominee To Head PHMSA Says Safety Should Be 'Constant'





  • TOP NEWS


    OSHA Publishes Memo Limiting PSM Retail Facilities Exemption
    OSHA
    In its latest regulatory action related to Executive Order (EO) 13650, Improving Chemical Facility Safety and Security, the U.S. Occupational Safety and Health Administration (OSHA) last week issued a new policy limiting the retail facilities exemption under the Process Safety Management Standard (PSM) (29 CFR 1910.119). To read the new policy memo, visit 07/22/2015 - Memorandum to Regional Administrators - PSM Retail Exemption Policy. OSHA has also developed a Frequently Asked Questions on the new Retail Exemption Policy and a response to public comment on its new interpretation of the term "retail facilities" in the PSM standard. OSHA’s retail facilities memo follows two other PSM memos issued in June to change the calculations for mixtures for purposes of reaching PSM threshold levels from commercial grade to 1% and to provide enforcement guidance on PSM’s recognized and generally accepted good engineering practices (RAGAGEP). For more information on EO 13650 activities, please visit https://www.osha.gov/chemicalexecutiveorder/index.html.
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    Customs Publishes Information on GSP Refund Process
    U.S. Customs and Border Protection (CBP) has posted information about the Generalized System of Preferences (GSP) refund process on its website. GSP will go back into effect tomorrow, July 29, 2015, and companies will have until December 28, 2015, to request a refund if necessary. CBP’s update does not provide specific guidance on refund timing.
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    SPONSORED CONTENT


    REGULATORY ALERTS


    FDA Publishes Proposals on Safety of Imported Foods Under FMSA
    FDA
    Last week, the U.S. Food and Drug Administration published a proposed rule and a draft guidance document to support a new program under the FDA Food Safety Modernization Act (FSMA) to help eligible foreign entities demonstrate that imported food meets U.S. food safety requirements. Audits and certifications for eligible foreign entities under this program will be used by importers applying for expedited review through the Voluntary Qualified Importer Program (VQIP), and may also be required by FDA as a condition of granting imported food admission into the United States when certain food safety risks have been identified.
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    Looking for similar articles? Search here, keyword FOOD SAFETY.




    U.S. Government Limits Definition of Independent Contractor
    Last week, the U.S. Department of Labor’s (DOL) Wage and Hour Administrator David Weil issued a new 15-page Administrator’s Interpretation (AI) with respect to when a person is properly classified as an independent contractor or an employee under the Fair Standards Labor Act (FLSA). The AI states that "when employers improperly classify employees as independent contractors, the employees may not receive important workplace protections such as the minimum wage, overtime compensation, unemployment insurance, and workers’ compensation." It further states that the Department "continues to receive numerous complaints from workers alleging misclassification" and that the interpretation "may be helpful to the regulated community in classifying workers and ultimately in curtailing misclassification." Companies should reexamine their internal policies on the classification of independent contractors since this AI will be the new enforcement policy.
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    PRODUCT SHOWCASE
      GHS-Compliant Labeling Solutions

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    Regulatory Preferred Provider Content — Bergeson & Campbell — Analysis of OSHA HCS 2012 Inspection Directive
    Bergeson & Campbell
    On July 20, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued OSHA Directive Number CPL 02-02-079. The Directive is intended to establish "policies and procedures to ensure uniform enforcement of the Hazard Communication standard" (HCS 2012). The Directive repeals previous instructions CPL 02-02-038 and CPL 02-02-039. It also cancels both enforcement memorandums effective February 9, 2015, and May 29, 2015, respectively. For more details, see OSHA Directive Number CPL 02-02-079.
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    Regulatory Preferred Provider Content — Labelmaster — Summer Doldrums Allow a Chance to Catch up on GHS
    Labelmaster
    One of the things that Labelmaster does to stay ahead of regulatory requirements for our customers is to monitor the United States Federal Register each day. If you don’t know what that is, it can be briefly described as the "book"—it’s an electronic publication, these days; that the federal government uses to give notice of the application of all the regulations that are created, revised, corrected, or otherwise need to be placed before the public eye. Quite a massive effort, but by staying on top of it each day, Labelmaster is able to keep both our own regulatory experts as well as our valued customers abreast of the "latest & greatest." As with many private companies here in our country, the federal government sees a bit of a slowdown in activity over the warm months of summer as employees take vacation.
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    Two Companies Reach $105 Million Settlement with EPA for Failure to Submit Toxic Release Inventory Reports
    EPA
    An EPA settlement with two North Canaan, Connecticut, mineral processing companies for the companies’ alleged failure to file required toxic release inventory information requires that two local emergency response units be provided with $28,700 of equipment that will help firefighters to better protect local residents in emergencies.
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    CSB Report On Caribbean Petroleum Explosion On Hold Amid Board Dissent
    Safety+Health
    A stalemate between the two current members of the Chemical Safety Board means the agency’s final investigation report on the 2009 Caribbean Petroleum refinery explosion remains in limbo. At a July 22 public meeting, board member Richard Engler introduced a motion to adopt and release CSB’s final investigation report on a massive blast at an oil refinery that injured three people and damaged about 300 homes near Catano, Puerto Rico. However, board member Manuel Ehrlich declined to second the motion, which prevented CSB from releasing the final report and an accompanying safety video.
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      PRODUCT SHOWCASES
    Grounding your tank truck correctly.

    Loading and unloading tank trucks with large quantities of commonly used chemicals and powders generates static electricity which, if left to accumulate could discharge electrostatic sparks, potentially causing fires and explosions. Newson Gale’s Earth-Rite® RTR is the most reliable and precise method of grounding tank trucks today.
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    Focus Systems

    This innovative and interactive new software is our solution to assist mid-sized chemical compounders, blenders and formulators in easily implementing OSHA’s new GHS HazCom standards. ChemScribe™ allows for the transferal into and population of GHS-compliant safety data sheets and packaging labels within an easy-to-use software product that businesses can afford.

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    Environmental Groups Sue EPA Over Chemical Spills
    Chem.Info
    A trio of environmental groups filed a lawsuit against the U.S. Environmental Protection Agency over a lack of regulations for chemicals released by industrial facilities. The Natural Resources Defense Council, the Environmental Justice Health Alliance for Chemical Policy Reform and People Concerned About Chemical Safety filed suit in New York federal court on July 21.
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    Port Truckers Strike Again Over Wage Theft Claims
    Overdrive
    Truckers at California’s Pacific 9 have begun what the Teamsters have described as an "indefinite strike," aiming to be classified as employees instead of independent contractors. They began picketing at 6 a.m. July 21 at company headquarters in Carson. In recent years, the union began demanding that independent contractors at Pac 9 and a handful of other Southern California drayage companies be reclassified as employees. The drivers filed wage and hour claims with the California Department of Labor Standards Enforcement and began suing for wage theft and misclassification.
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    Senate Highway Bill That Would Remove CSA Scores Moves Step Closer
    Overdrive
    The Senate voted 62-36 late July 22 on a procedural motion that will allow Congress’ upper chamber to bring to a vote the six-year DRIVE Act highway bill that, if enacted, would remove from public view carrier rankings and alerts in the DOT’s Compliance, Safety, Accountability program and secure highway funding for at least three years.
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    LEGISLATIVE NEWS


    Preemption Isn't A Dirty Word
    The Hill
    No state wants to cede authority to the federal government. But when it comes to key scientific policies that directly impact both interstate commerce and public health, Congress has the responsibility to intervene.
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    This Week: Congress Speeds Toward Highway Funding Deadline
    The Hill
    The long August recess is within striking distance for lawmakers eager to leave Washington by the end of the week. But first, Congress faces a Friday deadline to ensure funding for transportation projects doesn’t run dry.
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    House GOP Leaders Frosty on Senate Highway Bill
    Roll Call
    As the Senate continues to work through a long-term highway bill, House Republicans and Democrats seem increasingly united on one thing: They’re not exactly enthusiastic about the legislation. On July 22, Speaker John A. Boehner seemed less than eager to take up the Senate six-year highway bill.
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    Nominee To Head PHMSA Says Safety Should Be 'Constant'
    Safety+Health
    Marie Therese Dominguez promised to make safety the No. 1 priority as head of the Pipeline and Hazardous Materials Safety Administration, during her nomination hearing in front of the Senate Commerce, Science and Transportation Committee. The committee met July 22 to learn more about Dominguez, who was nominated to lead PHMSA on May 29 by President Barack Obama.
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    TRENDING ARTICLES
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    Don't be left behind. Click here to see what else you missed.
     

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