OSHA Update
Are you a One Percenter? Enforcement Delay of PSM 1% Concentration Policy

Recently in popular culture and the news the term “one percenter” can be heard. What does that mean, to be a one percenter? According to one urban dictionary site a one percenter is defined as a member of the top one percent of a population as decided by wealth. The term comes from the same rationale as being in the ninety-ninth percentile which means there is only one percent of the population who is better. So do you fall into the one percenter club? You might be surprised at the answer.

For those who are not familiar with the new one percent policy, let’s review some terminology and information on this standard. OSHA Standard 29 C.F.R. § 1910.119 which is the Process Safety Management of Highly Hazardous Chemicals “contains requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals. These releases may result in toxic, fire or explosion hazards.” Part of this standard is Appendix A (found here) which contains a listing of toxic and highly reactive hazardous chemicals that could present a potential for a catastrophic event at or above the threshold quantities. In 1991 the PSM Final Rule was published. It was followed by a series of letters of interpretation and compliance directives. In 1994, OSHA further defined the policy. The letter from 1999 basically stated:

“chemicals listed in Appendix A without minimum Continue Reading…

Prop 65
Extra! Extra! Read All About It: California Proposition 65 List Updated!

A few weeks ago I had the opportunity to see Disney’s Broadway musical “Newsies”. The show is about the 1899 strike of New York City’s Newsboys. For those that aren’t familiar with Newsboys, these are the young men who would stand on the street corners in big cities selling the daily newspaper to the people walking past. In the event of a big news story, publishers would print an “Extra” edition. On these occasions the Newsboys could be heard shouting, “Extra! Extra! Read All About It!” to let people know something big had happened and that they had the news on hand.

Consider this blog my “Extra! Extra! Read All About It!” story in regards to California’s update to the Safe Drinking Water and Toxic Enforcement Act of 1986 or as it is more commonly known Prop 65. The list was updated on April 22, 2016. You can download the full list here. The biggest change for the list is the addition of Styrene (CAS No. 100-42-5). It is now listed as a substance “known to cause cancer”.

Styrene was included on the “Notice of Intent to List” published in February of 2015. Open comments were taken and the final decision was published and went into effect on April 22, 2016. The 2015 proposal was made under the authoritative bodies listing mechanism. Under this mechanism, a chemical must be Continue Reading…

PHMSA
Correction to HMT in 49CFR

On Monday, April 25, 2016 the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a correction to the 49CFR Hazardous Materials regulations in the Federal Register.

The correction states:

“In Title 49 of the Code of Federal Regulations, parts 100 to 177, revised as of October 1, 2015, on page 269, in § 172.101, in the Hazardous Materials Table, for the entry ‘‘Phenylmercuric compounds, n.o.s.’’ add ‘‘G’’ in the first column.”

The federal register notice can be viewed here: https://www.gpo.gov/fdsys/pkg/FR-2016-04-25/pdf/2016-09615.pdf

The “G” in the first column of the Hazardous Materials Table (HMT) identifies proper shipping names for which one or more technical names of the hazardous material must be entered in parentheses, in association with the basic description. The technical name(s) must be shown on package marking and shipping papers. Failure to comply with the corrected information can result in non-compliant shipments.

IMDG
IMDG Code, 2014 Edition Erratum & Corrigenda II

December 2015 Errata and Corrigenda

IMDG issued an Erratum for “IMDG Code, 2014 Edition“. They have provided a link to customers to be able to download (PDF) and print it. Customers who purchased the e-reader version can access the erratum using the Internet Update/Check for Content Update function on The IMO Bookshelf. Customers who purchased the CD, electronic download and internet subscription versions need no correction.

ICAO
ICAO Addendum NO. 2/Corrigendum NO. 2

ICAO (International Civil Aviation Administration) has released an Addendum NO. 2/Corrigendum NO. 2 for their Technical Instructions for the Safe Transport of Dangerous Goods by Air.

This 22-page addendum/corrigendum includes various editorial corrections, state variations and a large number of operator variations (including American Airlines, Air Canada, Air France, British Airways and Fed Ex).

Download ICAO Addendum II for the 2015-2016 Edition (PDF) »

Many of the operator variations relate to shipments of Lithium Batteries.

Ensure that you keep and consult the addendum before preparing your package to avoid costly delays.


Customers with questions can call our free regulatory hotline
Monday to Friday 8 am to 4 pm (EST).

OSHA HazCom 2012
OSHA HazCom 2012 – One Month after the Deadline: What’s Different?

Where’s the Beef?

A better question to ask than the one posed in the title is “Where’s the beef?” Many will remember this 1980’s catchphrase uttered by Clara Peller in an advertisement for the fast food chain Wendy’s. The purpose of this advertisement was to differentiate between the big name sandwiches provided by McDonald’s and Burger King and Wendy’s own Single. The difference was in the size of the bun used by the competitors and the large beef patty used at Wendy’s. (Click here for the Wendy’s Commercial)

For those in the hazard communication industry, the question applies because of the June 1st deadline. This deadline was for all safety data sheets (SDS) and labels to be updated under the new OSHA HazCom2012 format. It is now after July 1st and many downstream users are asking “Where are the updated SDS and labels” much like in the Wendy’s commercial. Granted some companies made the deadline and are supplying the new versions of the documents. Unfortunately, there are a great many that have not.

So, are things really different?

Many on the business side of manufacturers, importers and distributors, the answer will likely be, “not much”. The business is still manufacturing product, importing goods and distributing items. That process has not truly changed. From a Regulatory or Compliance point of view the answer to that is “yes”. If your company has not Continue Reading…

Why You Need the Most Updated Regulatory Texts

The Bible, Shakespeare and Transport Regulations

“Woe is me” is a phrase heard by many. It basically means someone is unhappy or distressed. The Bible uses this phrase in several locations including Job 10:15, Isaiah 6:5 and Psalms 120:5. Shakespeare later used this same expression when writing for his tragic character Ophelia in “Hamlet”. Existing and operating in the world of regulations can also bring on this feeling. It is difficult enough learning the basics of any regulation, but to truly “know” it takes time, patience and work. This process is complicated by the fact that many regulations change. Is it really necessary to have the newest, latest regulation? To answer that question it is time to look to the regulations.

International Air Transport Association (IATA):

For many, these are the Air Regulations. In this instance, the regulation is updated YEARLY. A new edition goes into effect on January 1st of any given year and ends on December 31st of that same year. The Regulation is currently on its 56th Edition. To showcase some of the changes that could apply to a variety of shippers, please read the following:

  1. The List of Dangerous Goods has new entries and/or updates to existing substances
  2. Packing Instructions for Lithium Batteries was updated to include not only a change but also a new addition
  3. Section 7 – Marking and Labeling for Limited Quantities has new information

Continue Reading…

GHS
GHS Revision 6 is Coming!

Ch-Ch-Ch-Ch-Changes

David Bowie’s 1971 album “Hunky Dory” included the song “Changes” which was released in January 1972. While being recognized as one of Bowie’s most well-known songs, it never made it in into the “Top 40”. One of the lyrics from that song is

“Ch-ch-ch-ch-Changes / (Turn and face the strain) Ch-ch-Changes”.

Those lyrics are most appropriate given the release of the UN ECE Secretariat’s publication of the changes to the 5th Revised edition, which will lead to the creation of Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Sixth Revised Edition.

Here is the link to published changes document.

Six of the changes coming to Revision 6 are as follows:

  1. Desensitized Explosives. A new hazard class for Revision 6 which carries the definition of “solid or liquid explosive substances or mixtures which are phlegmatized to suppress their explosive properties in such a manner that they do not mass explode and do not burn too rapidly and therefore may be exempted from the hazard class “Explosives” (see Chapter 2.1; see also Note 2 to paragraph 2.1.2.2).”  This new class will have four categories and include its own label elements, H phrases and P phrases.
  2. Pyrophoric Gases. Chapter 2.2 entitled “Flammable Gases (Including Chemically Unstable Gases) is changing to “Flammable Gases”. While the title change is not necessarily newsworthy, the inclusion of the hazard class pyrophoric gases” is. This hazard class now Continue Reading…
Safety Data Sheets (SDS)
Looney Tunes, “Of Mice and Men,” and Safety Data Sheets

Which way do I go, George?

John Steinbeck’s novella “Of Mice and Men” is often a required reading for many school children. Though published in 1937 about a story of migrant workers in the Great Depression, it has many themes that are still powerful today. What many don’t know is that one of Steinbeck’s characters from this story is parodied in a classic Looney Tunes cartoon.

Of Fox and Hounds

In this cartoon, Willoughby the dog is fooled by George the fox. Willoughby is voiced by Tex Avery, while George’s voice is done by Mel Blanc.

Now what does this have to do with Safety Data Sheets or SDS? Often when tasked with writing a SDS one can feel like poor Willoughby. All of the information is available, but which way do you go. Which way do you go?

ICC Compliance Center can help and it won’t be in the way of George in the cartoon. We offer five different SDS Services.

But how do I choose which is right for me?

  1. SDS Creation: The process is simple. Send us a basic product information sheet, the raw materials SDS documents, and the countries involved and we can write an SDS for you that meets the requirements of OSHA HazCom 2012, WHMIS, European REACH, or European CLP. We even offer to sign a non-disclosure agreement to keep your product information private.
  2. SDS Reformats and Revisions: Most companies already Continue Reading…
Reverse Logistics: When the Shipper Becomes the Receiver

PHMSA is submitting a Notice of Proposed Rule-Making (NPRM) to revise the Hazardous Materials Regulations applicable to return shipments of certain hazardous materials. By creating an exception from existing regulations for certain reverse logistics shipments, this NPRM offers opportunities for reduced compliance costs among hazmat shippers and carriers, without sacrificing safety. PHSMA proposes to establish a new section in the regulations to provide an exception for materials that are transported in a manner that meets the definition of “reverse logistics.”

The proposed definition of Reverse Logistics is:

… the process of moving goods from their final destination for the purpose of capturing value, recall, replacement, proper disposal, or similar reasons.

In addition to defining reverse logistics PHMSA is also trying to:

  • Establish regulations for the shipment of hazardous material in the reverse logistics supply chain
  • Establish clear applicability to the training requirements associated with “reverse logistics” shipments
  • Provide authorized packaging for reverse logistics shipments
  • Establish segregation requirements for reverse logistics shipments
  • Allow more flexibility for the transportation of lead acid batteries to recycling facilities

When goods are transferred from a manufacturer to a user, we call this downstream. Many hands change in-between before it lands in your own hands.  For example, Paint is manufactured at a plant, sent to a store, where it is purchased and often used by you-the downstream user. Careful thought and vast amounts of resources and dollars are set in motion Continue Reading…