The European Union opened a feedback period from September 9, 2019 until October 10, 2019 on amendments to the REACH Regulation. Under the European Union’s REACH regulation, hazardous chemicals manufactured in the EU or imported must be accompanied by a safety data sheet.

The amendments will align the data sheets with new United Nations requirements and requirements for nanomaterials and clarify certain aspects on information issued by poison centers. 
 
Additional Information: 
​https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-5250193_en. 

If you are interested in EHS regulatory products for the EU, the Isosceles Group provides a number of tools covering this jurisdiction including: EHS Legal Registers, EHS Audit Checklists, EHS Audit Checklist Supplements, EHS Quarterly Regulatory Updates, and more. Please contact Brittany Palmer at 617.330.2800 or bpalmer@theisogroup.com for a customized quote.

​Nigeria tasked stakeholders with strict adherence to the Lifting and Allied Work Equipment (Safety) Regulations 2018 and the Boiler and Pressure Vessel Regulations 2018.  The implementation of both of these regulations aim to reduce the risks associated with lifting equipment, boilers, and pressure vessels, thereby enhancing occupational safety and health in the various workplaces where such equipment is used.  
 
Additional Information: 
​http://labour.gov.ng/fg-tasks-stakeholders-on-strict-adherence-to-lifting-equipment-regulations/.  

If you are interested in EHS regulatory products for Nigeria, the Isosceles Group provides a number of tools covering this jurisdiction including: EHS Legal Registers, EHS Audit Checklists, EHS Audit Checklist Supplements, EHS Quarterly Regulatory Updates, and more. Please contact Brittany Palmer at 617.330.2800 or bpalmer@theisogroup.com for a customized quote.

Hungary issued a Government Decree 216/2019. (IX. 5.) on technical and regulatory supervision of storage tanks and storage facilities for hazardous liquids or melts.

​The Decree establishes requirements for the refueling of different sized storage tanks, on-site assembly and installation, commissioning, repair, conversion, inspection, periodic inspection, and decommissioning of storage tanks with a certain nominal volume to extend its service life and to suspend its operation. The Decree enters into enforcement on the 60th day following publication. 
 
Additional Information: http://njt.hu/cgi_bin/njt_doc.cgi?docid=215755.372304. 

If you are interested in EHS regulatory products for Hungary, the Isosceles Group provides a number of tools covering this jurisdiction including: EHS Legal Registers, EHS Audit Checklists, EHS Audit Checklist Supplements, EHS Quarterly Regulatory Updates, and more. Please contact Brittany Palmer at 617.330.2800 or bpalmer@theisogroup.com for a customized quote.

​Brazil’s government updated three occupational health and safety standards. Norm NR-3, on embargo and interdiction; NR-24 on hygiene and comfort conditions in the workplace; and NR-28 on monitoring and penalties. The standards have been rewritten and were published in the Federal Gazette on September 24, 2019. 


​All three standards are accessible below. 

Additional Information:
http://www.in.gov.br/en/web/dou/-/portaria-n-1.066-de-23-de-setembro-de-2019-217773245. 
http://www.in.gov.br/en/web/dou/-/portaria-n-1.068-de-23-de-setembro-de-2019-217774385. 
http://www.in.gov.br/web/dou/-/portaria-n-1.067-de-23-de-setembro-de-2019-217774300.

If you are interested in EHS regulatory products for Brazil, the Isosceles Group provides a number of tools covering this jurisdiction including: EHS Legal Registers, EHS Audit Checklists, EHS Audit Checklist Supplements, EHS Quarterly Regulatory Updates, and more. Please contact Brittany Palmer at 617.330.2800 or bpalmer@theisogroup.com for a customized quote. 

China has issued a consultation on Amendments to the National Catalogue of Hazardous Wastes.

The Amendment adds 13 new hazardous wastes. Feedback was due by October 10, 2019.  
 
Amendments are accessible through the Chinese Ministry of Ecology and Environment.
​
Additional Information:
http://www.mee.gov.cn/xxgk2018/xxgk/xxgk06/201909/t20190910_733172.html. 

If you are interested in EHS regulatory products for China, the Isosceles Group provides a number of tools covering this jurisdiction including: EHS Legal Registers, EHS Audit Checklists, EHS Audit Checklist Supplements, EHS Quarterly Regulatory Updates, and more. Please contact Brittany Palmer at 617.330.2800 or bpalmer@theisogroup.com for a customized quote.

Authors: Richard DiNitto and Amanda Adams
​
Bacterial growth in water-based systems and environments in common commercial and industrial buildings can often lead to an outbreak of Legionnaires' disease, a severe and often lethal form of pneumonia.  The disease is caused by the presence of Legionella pneumophila bacterium. The bacterium in water-based systems results in up to 18,000 people each year becoming infected, with as many as 1,800, or 10%, proving fatal.  Flu-like symptoms such as coughing, fever, headache and shortness of breath are common.
 
While a substantial number of people may die from the disease, it is highly treatable with antibiotics if caught in the early stages.  Facilities with water-based systems or environments should implement a periodic testing program to ensure that the bacterium are either not present, or at levels that are below published guidelines. When detected at elevated levels, prompt action on the part of the property owner or building manager is warranted. Easy and cost-effective solutions are available to eliminate the bacteria.
 
Common locations that Legionella will grow include:

• Shower facilities;
• Decorative fountains;
• Mist machines;
• Water cooling towers;
• Water features, i.e. indoor ponds;
• Humidifiers; and
• Hot tubs/whirlpools.

 
The CDC has published a handy Fact Sheet on the disease, which is available for free at: https://www.cdc.gov/legionella/downloads/fs-legionnaires.pdf.
 
Regular testing of these features can help control and eliminate any bacteria growth. Depending on your operation’s features, recommended testing frequencies may vary. Many facilities will test between one to two times per year, typically in the spring and early fall.
 
When testing for the first time, it is highly recommended that all sources be tested and not just a representative portion. Once the results from the initial testing are obtained, a reduced testing frequency on all sources can be made.
 
Unfortunately, in reviewing water testing results, there are no federal or state-level regulatory standards for comparison, only guidelines for remedial action.
 
A handy guide for comparison by some example water sources is shown below:

Since growth of Legionella is controlled largely by temperature and water free of compounds not toxic to them, treatment is easy and effective. While the bacterium will die above 122 degrees F, they will become dormant at colder temperatures (< 68 degrees F).
 
Cleaning and disinfecting your water systems, and using a biocide application, is the most effective remedy in controlling and eliminating Legionella.
 
While there are no enforceable regulatory levels, some states and municipalities have established mandatory inspection, testing, cleaning, and disinfection requirements, as well as requirements for registration of possible sources.
 
Our staff can assist you in identifying any local agency registration and inspection requirements, as well as providing further information on a testing regime and disinfecting program.  
​
The Isosceles Group is retained to develop, implement and maintain Occupational Health & Safety (OHS) and Environmental Management Systems (EMS) at industrial and commercial facilities. It also manages various EHS issues that affect the operation and expansion of such facilities. 
 
If you would like The Isosceles Group to assist with EHS management at your facility, please contact Richard DiNitto at rdinitto@theisogroup.com or (617) 330-2800.

The Spanish government has proposed a draft decree transposing the revised EU Directive (2004/37/EC) on carcinogens or mutagens at work, reducing the protection for workers against cancer-causing substances, allegedly boosting the competitiveness of companies. The decree allows for twice as much exposure to crystalline silica, triple the maximum amount for acrylamide and double the exposure for bromo-ethylene. 

Additional Information: https://www.etuc.org/en/pressrelease/etuc-tells-spanish-government-not-sacrifice-workers-health. 

If you are interested in EHS regulatory products for Spain, the Isosceles Group provides a number of tools covering this jurisdiction including: EHS Legal Registers, EHS Audit Checklists, EHS Audit Checklist Supplements, EHS Quarterly Regulatory Updates, and more. Please contact Brittany Palmer at 617.330.2800 or bpalmer@theisogroup.com for a customized quote.

Author: Richard DiNitto
​
Working on a roof can be a dangerous activity and is often considered part of an overall Fall Protection Program.  Fall protection is one of the most commonly cited violations by the Occupational Health and Safety Administration (OSHA). Nearly 900 people die annually in the US from falls from a roof. 

​Care in how you perform roof work is critical to your overall safety programs. Within the US, OSHA establishes requirements for roof work under Rule 1910.28 Duty to have fall protection and falling object protection.
 
Rule 1910.28 establishes that an employer must ensure that each employee on a walking-working surface (such as a roof in this case) with an unprotected side or edge that is 4 feet (1.2 m) or more (for general industry or 6 feet or more for construction work) above a lower level is protected from falling by one or more of several specified control measures:

• Guardrail systems;
• Safety net systems; or
• Personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems.

 
Under the Rule, the distance from the edges of the roof dictates which systems must be in place and what allowances may be acceptable:

• < 6 feet (1.6 m) from the edge - When work is performed less than 6 feet (1.6 m) from the roof edge, the employer must ensure each employee is protected from falling by a guardrail system, safety net system, travel restraint system, or personal fall arrest system.

 

• 6 to < 15 feet (4.6 m) - When work is performed at least 6 feet (1.6 m) but less than 15 feet (4.6 m) from the roof edge, the employer must ensure each employee is protected from falling by the same systems as above.  The one exception is that if the roof work is both infrequent and temporary, the employer may use a designated area when performing this work.

 
A Designated Area is defined by OSHA as "A distinct portion of a walking-working surface delineated by a warning line in which employees may perform work without additional fall protection."

• Beyond 15 feet (4.6 m) from the edge:
  • Frequent and not temporary work -  the employer must protect each employee from falling by a guardrail system, safety net system, travel restraint system, personal fall arrest system, or a designated area.
  • Infrequent “and” temporary - the employer is not obligated to provide fall protection, provided that:
    • The work is both infrequent and temporary;
    • The employee is working strictly beyond 15 feet (4.6 m) of the roof’s edges; and
    • The employer implements and enforces a work rule, prohibiting employees from going within 15 feet (4.6 m) of the roof edge.

 
These exceptions for using a designated area or not having to enforce a fall protection plan requires that the work is both temporary and infrequent.  These terms are defined as:

• Infrequent - Infrequent work means an activity is performed only occasionally, such as once a year, once a month or when needed but not a routine or regular task that might be on a daily or weekly basis.
• Temporary - temporary refers to tasks that usually takes less than 1-2 hours to complete.

 
As with any work activity that has inherit risks and safety concerns, a proper hazard evaluation or risk assessment to determine the best and safest approach is warranted.  While the information provided above is a good overview and guidance for safe work on a roof, the regulatory rules cover additional parameters and issues that you need to consider in your roof work evaluations and program.  Consultation with roof safety experts is strongly recommended. 

​The Isosceles Group is retained to develop, implement and maintain Occupational Health & Safety (OHS) and Environmental Management Systems (EMS) at industrial and commercial facilities. It also manages various EHS issues that affect the operation and expansion of such facilities. 
 
If you would like The Isosceles Group to assist with EHS management at your facility, please contact Richard DiNitto at rdinitto@theisogroup.com or (617) 330-2800.

Author: Richard DiNitto
​
Onsite oil, diesel, and related liquids may require that you implement a government-mandated spill management plan in the United States when certain conditions are met.
 
Many people are not aware that if you have 1,320 gallons or more of oil and related liquids “combined” in above-ground storage containers (or greater than 42,000 gallons “combined” in underground storage tanks), you may have to develop and put into place a Spill Prevention & Countermeasures Control (SPCC) Plan under the Oil Pollution Prevention Regulations (40 CFR 112).
 
The second criteria for establishing an SPCC Plan is that a release from the above storage could impact “navigable waters” and “adjoining shorelines”.  This is a more difficult one to address and requires greater knowledge of your facility’s location in relation to surrounding surface water bodies and channels.  Even onsite drainage ditches that channel runoff to nearby streams, etc., could place your operation within this requirement.
 
While many facilities may not routinely store any oils or related liquids, such as diesel, onsite for general use, they often forget to take into account emergency back-up generators. Just two of these generators can have a combined storage capacity of greater than 1,320 gallons.
 
It is important to note that it is the “combined quantity” of all storage onsite that counts, and not the size of just the largest tank. Two tanks of 750 gallons will exceed the threshold for application of this regulation.
 
If you meet the applicability requirements of these regulations, then a SPCC Plan must be prepared and certified by a professional engineer unless:

• You have < 10,000 gallons total in above-ground storage tanks or containers with no single tank > 5000 gallons; and
• There have been no discharges > 1000 gallons in the past 3 years or > 42 gallons in any 12-month period.

 
The contents of the SPCC Plan are detailed within the regulations, but broadly must contain the topics in the table below. The SPCC Plan must be maintained at the facility if manned 4 hours/per day or more, or at the nearest field office if manned less than 4 hours/per day. It is also required to be reviewed and updated every 5 years, or within 6 months of any material changes.

​
The Isosceles Group is retained to develop, implement and maintain Occupational Health & Safety (OHS) and Environmental Management Systems (EMS) at industrial and commercial facilities. It also manages various EHS issues that affect the operation and expansion of such facilities. 
 
If you would like The Isosceles Group to assist with EHS management at your facility, please contact Richard DiNitto at rdinitto@theisogroup.com or (617) 330-2800.