Presented By
Peter Zaidel
KPA Product Manager
pzaidel@kpaonline.com
303-228-2397
Questions
• If you have questions
during the presentation,
please submit them using
the “Questions” feature
• Questions wi...
4
KPA – Company Profile
• Nationwide
compliance expert on
Safety, Environmental,
HR
• Colorado
Headquarters
• 23 Years Exp...
5
Agenda
Proposed
• I2P2
• OSHA 300 Logs
• Burning of Off-Spec Used Oil
Pending
• SPCC Regulations
• Underground Storage T...
7
I2P2
• New Rule Requiring Employers to implement IIP Program
• Stage: Pre-rulemaking (still)
• Last stakeholder meeting:...
8
OSHA Reporting
• Proposal Released June 22, 2011
• Comment Period Closes Sept 20, 2011
– Accident Reporting
• Currently ...
9
Burning of Off-Spec Used Oil
• Off-spec used oil will be classified as a
solid waste and will have to meet stringent
sta...
11
SPCC Regulations
A facility, including a mobile or
portable facility, starting operation...
Must...
On or before August...
12
UST Compliance
• EPA Operator Training
– Provision of the UST amendments – Energy
Policy Act of 2005
• Class A-Primary ...
13
UST Compliance-Training Deadlines
Minnesota: 8/08/11 (Minneapolis area)
Georgia: 8/8/12
Arizona : 8/8/12
Arkansas : 8/8...
14
POLL
How do you dispose of your airbags?
15
Airbag Disposal
• Airbags are considered hazardous
– “Class 9 Misc” DOT
– “Reactive” EPA
• Deployed airbags are general...
16
STAFF SUPPORT
THE FINES:
Up to $25,000 per incident per violation
Penalties are defined by the Clean Air Act Stationary...
STATE OF OSHA
• President Obama’s FY 2012 Budget Request:
Increases for OSHA – a requested $583 million (an increase of
mo...
Administrative Enhancements
• Changes to OSHA’s Penalty Policy
• Past history period expanded to 5 years
• Serious violati...
OSHA Inspection Priority
Priority Category of Inspection
1st Imminent Danger:
Reasonable certainty an immediate danger exi...
Citations and Penalties
VIOLATION TYPE PENALTY
WILLFUL
A violation that the employer intentionally and knowingly
commits o...
Example #1
Old Penalty Calculation
Initial Penalty $3500
Size Reduction 60%
Good Faith Reduction 15%
History Reduction 10%...
Example #2
New Penalty Calculation
Initial Penalty $6000
Size Reduction 40%
Good Faith Reduction 15%
History Reduction 0%
...
25
OSHA Violation / Penalty Trends
26
FedEx Update
Beginning 1/1/2011
• Must use typed or computer generated shipping
papers for HazMat
Beginning 8/1/2011
• ...
27
Questions and Answers
27– KPA
QUESTIONS?
Contact Information
28– KPA
The recorded webinar will be emailed to you today
www.kpaonline.com
Becky Ross
bross@kpaonline...
Regulatory Updates from The EPA, OSHA, and DOT
Regulatory Updates from The EPA, OSHA, and DOT
Regulatory Updates from The EPA, OSHA, and DOT
Regulatory Updates from The EPA, OSHA, and DOT
Regulatory Updates from The EPA, OSHA, and DOT
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Regulatory Updates from The EPA, OSHA, and DOT

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Regulatory Updates from The EPA, OSHA, and DOT

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  • http://www.noranews.org/en/art/84/
  • Zach
  • Zach
  • OSHA has long been on the front edge of the divide between labor and management, and Democrats and Republicans. Where during the Bush administration the agency stressed voluntary compliance with worker safety standards on the part of business, the Obama administration stepped up enforcement. It hired more inspectors and increased OSHA's budget.Now, Republicans in control of the House are trying to push the pendulum back. As part of their drive to cut about $61 billion from federal spending in the current fiscal year, they've targeted OSHA for a $99 million reduction.
  • http://ogesdw.dol.gov/
  • Regulatory Updates from The EPA, OSHA, and DOT

    1. 1. Presented By Peter Zaidel KPA Product Manager pzaidel@kpaonline.com 303-228-2397
    2. 2. Questions • If you have questions during the presentation, please submit them using the “Questions” feature • Questions will be answered at the end of the webinar
    3. 3. 4 KPA – Company Profile • Nationwide compliance expert on Safety, Environmental, HR • Colorado Headquarters • 23 Years Experience • 3500 + Clients – Dealerships, Service, Repair • 20 Offices Serving 41 States • Compliance products and services – OSHA – DOT – EPA – Workers’ Comp – Background checking – Onboarding – Harassment – Red Flags – Onsite inspections – Online and onsite training and tracking – And many more…
    4. 4. 5 Agenda Proposed • I2P2 • OSHA 300 Logs • Burning of Off-Spec Used Oil Pending • SPCC Regulations • Underground Storage Tank Training • Airbag Disposal In effect now • OSHA Penalty Policy • FedEx Changes
    5. 5. 7 I2P2 • New Rule Requiring Employers to implement IIP Program • Stage: Pre-rulemaking (still) • Last stakeholder meeting: August, 2011 – On agenda for upcoming meetings • KPA Program – California IIPP
    6. 6. 8 OSHA Reporting • Proposal Released June 22, 2011 • Comment Period Closes Sept 20, 2011 – Accident Reporting • Currently – – report within 24hrs 3 or more hospitalizations or any fatality • Proposed - – Notify OSHA within 8 hours of any in-patient hospitalization – Notify OSHA within 24hrs of any amputation – OSHA 300 Log • 2009 Government Accountability Office Report • Eliminates exemption for Automobile Dealerships • Moves from SIC codes to NAICS codes
    7. 7. 9 Burning of Off-Spec Used Oil • Off-spec used oil will be classified as a solid waste and will have to meet stringent standards of Section 129 of the Clean Air Act. • The space heater exemption will be eliminated if the space heater burns off- spec used oil. • Don’t burn Off-Spec Oil? – How do you know?
    8. 8. 11 SPCC Regulations A facility, including a mobile or portable facility, starting operation... Must... On or before August 16, 2002 Maintain its existing SPCC Plan Amend and implement the amended SPCC Plan no later than November 10, 2011 After August 16, 2002 through November 10, 2011 Prepare and implement an SPCC Plan no later than November 10, 2011 After November 10, 2011 (excluding production facilities) Prepare and implement an SPCC Plan before beginning operations After November 10, 2011 (production facilities) Prepare and implement an SPCC Plan within six months after beginning operations.*
    9. 9. 12 UST Compliance • EPA Operator Training – Provision of the UST amendments – Energy Policy Act of 2005 • Class A-Primary responsibility to operate and maintain the UST system • Class B-Implement applicable UST regulatory requirements and standards in the field • Class C-An employee at the UST site (e.g., clerk) that has been trained on UST Emergency Response Issues • Deadline of 8/8/2012
    10. 10. 13 UST Compliance-Training Deadlines Minnesota: 8/08/11 (Minneapolis area) Georgia: 8/8/12 Arizona : 8/8/12 Arkansas : 8/8/12 Michigan : 8/8/12 Ohio : 12/3/11 (3-12 facilities) 8/8/12 (1-2 facilities) Florida : Currently no rules Colorado : In effect now Connecticut : Rules still pending
    11. 11. 14 POLL How do you dispose of your airbags?
    12. 12. 15 Airbag Disposal • Airbags are considered hazardous – “Class 9 Misc” DOT – “Reactive” EPA • Deployed airbags are generally non-haz • Treatment of Hazardous Waste • Dispose of airbags as hazardous waste – To whom?
    13. 13. 16 STAFF SUPPORT THE FINES: Up to $25,000 per incident per violation Penalties are defined by the Clean Air Act Stationary Source Penalty Policy Starting fine amounts, then Economic benefit of non-compliance (# of non-compliant months), then The severity of the violation (toxicity, harm to environment, etc), then The size of the violator, then Violator history Penalty Policy: “in the case of a company with more than one facility, the size of the violator is determined based on the company’s entire operation, not just the violating facility” EPA CAA PENALTY POLICY
    14. 14. STATE OF OSHA • President Obama’s FY 2012 Budget Request: Increases for OSHA – a requested $583 million (an increase of more than $24 million from 2010 enacted levels) •$6.4 million for safety and health standards •$2.4 million for I2P2 •$7.7 million for OSHA’s federal enforcement •Republicans pushing to cut $61 billion from federal spending: Targeting OSHA for a $99 million reduction
    15. 15. Administrative Enhancements • Changes to OSHA’s Penalty Policy • Past history period expanded to 5 years • Serious violations identified will no longer need to be grouped • Average penalty will increase from $1000 to $3000-$4000 • Employers with 251 or more employees -no reduction for size • “Good Faith” reductions only if a safety and health program in place • What does this mean? • Area offices have less discretion with citations • Area office will be less willing to make reductions • Showing “Good Faith” effort and safety programs are crucial
    16. 16. OSHA Inspection Priority Priority Category of Inspection 1st Imminent Danger: Reasonable certainty an immediate danger exists 2nd Fatality/Catastrophe: Reported to OSHA; inspected ASAP 3rd Complaints/Referrals: Worker or worker representative can file a complaint about a safety or health hazard 4th Programmed Inspections: Cover industries and employers with high injury and illness rates, specific hazards, or other exposures.
    17. 17. Citations and Penalties VIOLATION TYPE PENALTY WILLFUL A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. OSHA may propose penalties of up to $70,000 for each willful violation, with a minimum penalty of $5,000 for each willful violation. SERIOUS A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. There is a mandatory penalty for serious violations which may be up to $7,000. OTHER-THAN-SERIOUS A violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm. OSHA may propose a penalty of up to $7,000 for each other-than-serious violation. REPEATED A violation that is the same or similar to a previous violation. OSHA may propose penalties of up to $70,000 for each repeated violation.
    18. 18. Example #1 Old Penalty Calculation Initial Penalty $3500 Size Reduction 60% Good Faith Reduction 15% History Reduction 10% Total Citation $525 *Reduction factors applied aggregately for single citation
    19. 19. Example #2 New Penalty Calculation Initial Penalty $6000 Size Reduction 40% Good Faith Reduction 15% History Reduction 0% Total Citation $3060 *Reduction factors applied serially for single citation
    20. 20. 25 OSHA Violation / Penalty Trends
    21. 21. 26 FedEx Update Beginning 1/1/2011 • Must use typed or computer generated shipping papers for HazMat Beginning 8/1/2011 • HazMat paperwork must be submitted electronically. Shipping by air or international? Beginning 1/10/2011 • HazMat paperwork must be prepared using software with compliance checks.
    22. 22. 27 Questions and Answers 27– KPA QUESTIONS?
    23. 23. Contact Information 28– KPA The recorded webinar will be emailed to you today www.kpaonline.com Becky Ross bross@kpaonline.com 866-356-1735
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