Regulatory Update. January Meeting Recap/Update Enforcement News -Wal-Mart -MSHA Advanced Notice -EPA – Clean Water Act (CWA) & EPD -OSHA – Stone, Clay,

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?

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