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Regulatory Update
• January Meeting Recap/Update• Enforcement News
- Wal-Mart- MSHA Advanced Notice- EPA – Clean Water Act (CWA) & EPD- OSHA – Stone, Clay, Glass and Concrete Products
• Regulatory Inspection Protocols
Today’s Topics
Environmental• PC MACT (Portland Cement)• Boiler MACT• RICE MACT (Reciprocating Internal Combustion
Engine)• Stormwater Pollution Prevention (Issued April
2012)• Spill Prevention Control and Countermeasures
Safety• Global Harmonization System (GHS)• Site Specific Targeting Program 2012 (STS-12)• Active Local and National Emphasis Programs
January Update
Enforcement NewsIntroduction
• Wal-Mart News• MSHA Advanced Notice• EPA – Clean Water Act (CWA) & EPD• OSHA – Stone, Clay, Glass and
Concrete Products
Enforcement NewsWal-Mart
• Pleads guilty to federal environmental crimes
• > $81 Million in fines
• Improper handling of hazardous wastes at it’s retail stores
• RCRA, FIFRA, CWA
• In addition to fines they are required to develop and implement EMSs.
What can we take away from this?
RCRA Compliance
• Waste Stream Identification• Profile Waste for a Hazardous
Waste Determination• Generator Status
Determination (CESQG, SQG, CESQG)
• Onsite Management of Hazardous Waste
• Proper Disposal Practices (Recycling?)
How do we manage oil?
Enforcement NewsMSHA Advanced Notice
MSHA has drastically enlarged its interpretation of “advanced notice” to now include all communications at a mine that would alert others to MSHA presence.
• Security Guards• “Capturing” mine phones and radios• Civil Penalties up to $200,000 per violation• Criminal Actions• Permissible Communication
Enforcement NewsStormwater Pollution Prevention Inspections
• EPA and EPD Inspections
• Clean Water Act Focus
• Permit Issued in 2012. We have seen an increase in inspections.
• Focused inspections on plan development and implementation
Enforcement NewsOSHA Inspections By the Numbers
Regulation AverageCitation
Hazard Communication $ 392.19 Respiratory Protection $ 606.04 Wiring Methods, Equipment… $ 1,061.30 Lockout Tagout $ 1,220.21 Powered Industrial Trucks $ 1,317.15 Machine Guarding $ 2,484.32 General Electrical $ 1,330.81 Abrasive Wheel Machinery $ 1,053.89 Confined Space $ 866.72 Hearing Conservation $ 1,476.77
Regulation AverageCitation
Confined Space $ 715.38 Hazard Communication $ 209.46 Respiratory Protection $ 630.00 Lockout Tagout $ 1,421.89 Abrasive Wheel Machinery $ 854.71 Welding and Cutting $ 1,117.57 Guarding Floor & Wall Openings $ 1,463.50 General Electrical $ 1,050.00 Means of Egress & Exit Routes $ 262.50 Medical Services and First Aid $ 1908.50
Major Group 32Stone, Clay, Glass and Concrete Products
SIC 3273Ready-Mixed Concrete
Regulatory Inspection Protocols
1. Welcome all inspectors to the facility2. Seat them in a conference room, lobby and contact the
appropriate representative. (Don’t delay them too long).3. Ask for credentials4. In OSHA’s case there will be a pre-inspection conference• Basis and scope of inspection• Complaint, accident, etc• Inspection process• Make a good impression
Pre- Inspection Procedures
Regulatory Inspection Protocols
1. Records Review (OSHA 300, Programs, Training Records)
2. Make sure everyone is wearing their PPE!
3. Try and keep the same person with the inspector through the duration of the visit.
4. Don’t be afraid to call a “Timeout”
5. Route and duration of the inspection is determined by the inspector, but take them directly to the place of interest.
6. Never leave the inspector alone
7. Don’t volunteer information (uncomfortable silence is good)
Inspection
Regulatory Inspection Protocols
8. Ensure employees know to be honest
9. Take thorough notes, record EVERYTHING that happens
10. If the inspector takes a photo, you should take the same photo
11. Avoid estimates, you may be providing false information
12. If you can correct a condition on the spot, do it. You still may be cited.
13. Don’t be afraid to disagree, NICELY.
Inspection (continued)
Regulatory Inspection Protocols
1. Description of apparent violations and conditions
2. Provide records to the inspector
3. Proposed penalties
4. Penalty procedure
5. Employer rights (informal conference, contest)
Closing Conference
QUESTIONS?
Southeast Office6300 Powers Ferry Rd.Suite 600–268Atlanta, GA 30339-2919phone: 678.274.9667
Southwest Office28150 N Alma School PkwySuite 103-106Scottsdale, AZ 85262phone: 602.688.9667
