Author: Richard DiNitto ​

Every year OSHA announces its most commonly cited violations against its many rules. In 2019, the list is nominally the same as in the past few years (https://www.osha.gov/Top_Ten_Standards.html). But as much as they publish this list and likewise punish offenders, companies all too often continue to play Russian Roulette with worker's lives and health and financial penalties.
 
Some of the violations relate to OSHA's Construction Standards under 29 CFR 1926 as well as to their rules for General Industry under 29 CFR 1910.
 
For now I will focus on those relating to general industry as they apply to almost all businesses.  The most commonly cited violation OSHA reports relates to Hazard Communication rules under 1910.1200 which will be the subject of this article.
 
Under this rule, employers having chemicals onsite must ensure that information concerning the classified hazards of each chemical is communicated to all employees potentially affected by their presence onsite.  Manufacturers or importers of chemicals must classify the hazards of chemicals which they produce or import and provide that classification and other information about the chemicals in Safety data Sheets.  OSHA updated their rules in 2012 to be consistent with the provisions of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Revision 3.
 
Generally, most employers know that if chemicals are onsite, that you must have copies of each chemical's Safety Data Sheet or SDS (formerly known as the Material Safety Data Sheet or MSDS), make them available to all employees and train everyone on their hazards.
 
While not rocket science and ultimately rather simple, the rules are detailed and many operations miss important elements. A quick summary of the key items are noted below, but employers should take a close look at their programs for chemical management on an annual basis to make sure they are not getting into a potential violation area:

• All incoming containers of hazardous chemicals must be labeled and not removed or defaced unless the container is immediately marked with the required information;
• Safety Data Sheets (SDSs) for each chemical must be maintained onsite and be readily accessible during each work shift when they are in their work areas;
• Operations must develop, implement, and maintain a written hazard communication program (aka HAZCOM program) which describes a number of items such as container labeling, forms of warning, safety data sheets, employee training, etc.
• Operations must maintain a list of the hazardous chemicals (chemical inventory) present onsite easily referenced to the appropriate SDS;
• Employers must make the written HAZCOM program available, upon request, to employees, or their designated representatives; and
• Employers must train all employees who will work with these chemicals (or could be exposed to them via close proximity) on their hazards, SDSs, and other items as detailed in the HAZCOM program at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area.

 
Having a written program or not, fulfilling the training requirements are the most common failures in organizations. 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 

Control and Influence of Outsourced Processes and Procurement of Goods and Services

In Part #3 of my series on Tips for Implementing an Environmental Management System (EMS), we are going to discuss a little known section of the Standard, often overlooked or minimally addressed. It is a constant source of confusion and the subject of oft cited non-conformances.
 
In Clause 8.1 on Operational Planning and Control, there is a requirement that states (highlights/underline my addition):
 
The organization shall ensure that outsourced processes are controlled or influenced. The type and extent of control or influence to be applied to the process(es) shall be defined within the environmental management system.
 
and;
 
the organization shall:b) determine its environmental requirement(s) for the procurement of products and services, as appropriate; c) communicate its relevant environmental requirement(s) to external providers, including contractors;
 
What it boils down to, is that an organization with an EMS must look at and implement or exert some form of control, influence and/or communication of "your" environmental requirements to these outside businesses.  They fall into three areas:

• Vendors providing goods and services, such as raw materials for production or even office supplies;
• Firms hired to perform an outsourced service such as waste removal or plating; and
• Contractors who come on site to perform routine and non-routine work, like landscaping or roof repairs.

 
You can classify these into direct or indirect suppliers, but either way, any company being hired by your firm, to provide any service or product technically comes under the scope of this clause. Luckily the Clause provides an out only in that you get to determine what firms would be addressed in this process.
 
The idea here is, is that you as a certified ISO organization must look beyond your borders and day-to-day operations to determine the potential impact on the environment that firms you procure raw materials from, or firms fulfilling outsourced roles and functions, or contractors coming onto the site can have, and that they perform their duties or run their businesses in an environmentally sound manner.  It is also the impact that the products/services themselves may have on the environment.
 
Do the vendors or contractors you use have a bad track record with past or current environmental violations? Do they conform to any Standards?  Do they offer more environmentally-sound products and services?  Are they doing anything to reduce their environmental footprints?
 
Examples of products or services that a vendor, contractor, or outsourced process could provide are (and by no means limited to this list):

• Removal of your solid and hazardous wastes
• Landscaping and pesticide control
• Roofing 
• HVAC repair/refrigerant recharging
• Oil deliveries
• Electricity
• Cardboard boxes
• Chemicals
• Raw metal materials
• Plating
• Construction activities

 
Understanding the environmental impacts that each firm you hire or procure from is important to the EMS. You need to establish in your EMS the extent to which you will exert control and influence on them, determine the methods of that control and influence and document your actions.
 
It isn't good enough to ask them to perform in an environmentally sound manner when onsite, but it is also about what happens off-site.
 
A waste hauling firm for instance takes your waste offsite and then disposes of it somewhere. Is it being done correctly and in an environmentally sound manner. Is the landfill or incinerator it is going to being operated properly.  Often regulators will look to the firms that generated the waste as being potentially liable for improper waste management by the firms who removed it from your facility. Likewise a contractor performing work on your facility may take its used materials, chemical wastes or debris from your site and then dispose of it improperly.  Ultimately you retain some liability for everything that goes out the door. 
 
Contractors could also mismanage their activities onsite that leads to creating an environmental impact, such as accidentally discharging oils or chemicals down storm drains.
 
Outsourced processes such as plating can lead to environmental impacts if the plating company does not perform in an environmentally sound manner.  They too could have past or current environmental violations that could reflect negatively on your business and EMS.
 
While there are many ways to manage vendors, contractors and firms providing outsourced services, here are some example methods that can help in meeting the requirements of Clause 8.1:

1. Compile a list of all your facility's suppliers, indirect and direct and determine their scope of services and/or goods provided. Shorten the list to those that have the more likelihood of environmental impacts such as the ones from the list above. Recognize that even the supplier of office supplies has an environmental impact, not the least of which are the fuels they use to transport and delivery your supplies.
2. Define the potential environmental impacts of each supplier in your shortened list.
3. Perform a search via government databases for past or current violations.
4. Consider what control and influences you want to have over them. Examples are:

 

• Stipulations in contracts or POs that they will abide by all laws and regulations in their operations.
• Provide them with a Supplier Manual that stipulates your facilities environmental requirements and expectations and what you expect of them.
• If they have violations, request that they describe what happened, what corrective actions they took and what the current status is.
• Require them to be ISO certified or maintain a comparable management system.
• Request they respond to a survey or questionnaire that addresses a variety of environmental performance factors to help you understand how they operate. Questions can be broad or highly granular.  Common questions are:
  • Are you ISO 14001 certified?
  • Do you have an Environmental Policy?
  • Do you set annual targets for waste and energy use reductions?
  • Do you calculate your carbon footprint?

 ​ 5. You could as many companies do, perform an actual site audit of their  operations to visually see what they are doing and how well they are managed. 

In the end what you do with all this information is crucial.  There is an old adage that "what gets measured gets managed".  And here that can apply as firms that see these requests and requirements, often start to take proactive or at least reactionary efforts to improve their operations.  Your response to your results and information obtained can be as simple as a warning note to them, re-addressing your expectations, or demanding corrective actions in order for them to maintain their contract with you.  Future contracts can also be enhanced to set more stipulations and requirements; essentially taking some of the items above and making them critical components in order to obtain the work in the first place.
 
There is a lot that can be done, but by starting to look at these areas and start to build into your EMS ways to manage suppliers, gets you closer to a higher performing EMS.
 
The Isosceles Group is retained to develop, implement and maintain Occupational Health & Safety (OHS) and Management Systems (MS) at industrial and commercial facilities. We also manage 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 at (617) 330-2800.

Author: Richard DiNitto 

​Within any commercial, industrial, warehouse, or other business operation, regardless of size, paint storage is regulated by the Occupational Health and Safety Administration (OSHA), National Fire Protection Association (NFPA), and often your municipality.  Not all paints are the same and we often come to think of them as relatively safe and not related to our typical chemical management approaches, such as with solvents or oils.

​However, many paints are considered flammable, and as a result, come under OSHA Rules 1910.106 and 1926.152 Flammable liquids.
 
Paint storage requirements are based on flammability and flash points. Oil-based paints are considered flammable, while latex-based paints are not considered flammable. NFPA considers paints to be a Category 3 Flammable Substance, the latter classification having a flash point that ranges from 73°F to 140°F (see Figure 1). 

​Storage of paint containers follows some simple rules, though complexities exist. Storage requirements include:

• You cannot store any quantity of paint in stairways or areas normally used as common hallways, evacuation routes, or exits;
• Rooms with paint storage must have an approved automatic fire protection system in areas with aisles at least 3 feet wide;
• If you are storing 25 gallons or less of paint, then no special storage cabinet is required;
• If you are storing more than 25 gallons and up to 60 gallons of flammable paint, storage in an approved cabinet is required;
• No more than 3 cabinets (of up to 60-gallon capacity) are allowed in a storage room;
• Cabinets must be labeled with conspicuous lettering, "Flammable-Keep Away from Open Flames";
• If you are storing more than 60 gallons of solvent-based paints indoors, the paint must be contained in a specially designed storage room that meets certain fire protection standards; and
• If you are storing quantities of paint greater than 60 gallons outside, the building must meet specific criteria, in particular, you cannot exceed 1,100 gallons in any one pile or area and no single container can exceed 60 gallons.

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.

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:

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.

​Interested Parties
 
Under Clause 4.2 of the 2015 Standard of ISO 14001, you are required to determine if there are individuals or organizations that could or are interested in your organization’s environmental performance and related activities.  Figuring out who your interested parties are and what they will or may want from you is a new requirement - one in which we have seen many organizations fall short of looking at the broad canopy of people and organizations that should be evaluated.
 
Here, we provide a quick summary of an assessment approach that has been well received by several registrar auditors across the globe.
 
Under the 2015 Standard an Interested Party is by definition a “person or organization that can affect, be affected by, or perceive itself to be affected by a decision or activity” by your operation.
 
Clause 4.2 specifically states that your operation seeking to obtain 14001 certification shall determine:

1. The interested parties that are relevant to the environmental management system;
2. The relevant needs and expectations (i.e. requirements) of these interested parties; and
3. Which of these needs and expectations become its compliance obligations.

 
Traditionally, many of us perceived that governmental regulators and their enforcement arms were the primary interested party of your environmental performance. This lead to understanding the laws and regulations for your jurisdiction and developing a Legal Register and list of key requirements. With the new Clause 4.2, the list of interested parties needs to cover a more expansive range of individuals and organizations. We like to break the various entities into subgroups as follows:
 

• BUSINESS AREAS – such as Customers, Investors, etc.
• REGULATING BODIES – such as Federal, State, Provincial, etc.
• COMMUNITY/SOCIAL – such as NGOs, citizen groups, neighbors, etc.
• YOUR COMPANY/ORGNAIZATION – such as employees, executive team, etc.

 
The following list and abbreviated explanations of how they may be “interested” should help in your evaluation. No list is completely comprehensive, and while this list is intended to cover a very broad range of parties, you need to ensure that you have addressed all possible interested parties for your organization.
 
BUSINESS AREAS
 
Customers

• Can dictate requirements (ISO certifications, etc.) in contracts
• May set expectations on ESH performance
• May require requirements for your suppliers
• May require you to use chemicals/processes that are not environmentally friendly

Suppliers

• May want to know if their staff could be impacted by risks on site
• Customer requirements for suppliers can create tracking and management requirements for ESH

Investors/Bankers

• Can dictate requirements (ISO certifications, etc.)
• Increased pressure for improved CSR performance, tracking, and reporting
• May request annual environmental disclosures

Insurers

• Periodically review and audit operations for compliance with legal obligations, but also to their standards for insurance coverage determination 
• Can place additional requirements upon a facility in order to obtain reasonable premiums

Trade Groups

• Requirements for participation in trade organizations
• Participation in surveys and support groups
• Influences quality standards and performance
• Influence on technology

Lobbyists/Pressure groups

• May request information for development of new legislation or standards

REGULATING BODIES
 
Federal Environmental Agencies

• A Nation’s highest-level regulating and enforcing arm
• Sets environmental legislation
• Ensures compliance to requirements
• May require periodic submittals of environmental performance
• May require permits to operate

State/Provincial Environmental Agencies

• Sets more local environmental legislation
• Ensures compliance to requirements
• May require periodic submittals of environmental performance
• May require permits to operate

Municipal/Local Environmental Agencies

• Sets yet more local environmental legislation
• Ensures compliance to requirements
• May require periodic submittals of environmental performance
• May require permits to operate

Global Legislative Bodies

• Establishes global standards and requirements that could apply
• May affect international trade and permitting

Certifying Bodies

• Standards, auditing and changes can influence business, ESH and customers’ requirements.

COMMUNITY/SOCIAL
 
Landlords/Office Park

• May establish environmental requirements for their liability protection or insurance requirements
• May request annual reports on chemical use, waste generation, etc.
• Neighboring companies could be concerned about chemical releases and impacts on them

Fire & Rescue Service

• May request annual visits and emergency response programs
• Conditions onsite impact usage of local municipal services

Local Community

• Poor management of operations could negatively impact the local community
• Support from and to the local community can affect brand, reputation and support
• Can dictate strong influences on business

Local Government/City Councils

• May establish local rules on environmental matters
• May be interested in a facility’s use of dangerous chemicals 

Environmental Groups

• May want to know what chemicals and wastes are generated and how they are disposed of
• May want to see a strong recycling program

COMPANY/ORGNAIZATION
 
Your Company’s Executive Leadership Team

• Can dictate company requirements and set overall vision and objectives
• Direct influence over policy, procedures, new initiatives, culture and resources

Local Facility Top Management

• Can set local requirements on environmental objectives based on company policy, directives, vision
• May be concerned over environmental performance for a variety of factors (community, customer requirements, etc.)
• Direct influence over policy, procedures, new initiatives, culture, and resources

Employees

• May be concerned about environmental impacts from the company
• Often wants to see a strong recycling program

R&D staff and engineers

• May be concerned about new environmental legislation that could impact product design, use, and disposal
• May want to know or have input from the environmental team on packaging

Unions

• May want to know about environmental impacts in their community from the facility

Contractors/Vendors

• Often less interested in a facility’s performance given their desires to obtain business from your operation, but could be interested in how they can operate on your site in an environmentally safe manner

Agency workers

• Often have similar concerns as direct employees

HR Department

• Environmental performance beginning to become an employee retention issue; HR staff may want to know about the facility’s environmental policies and performance for employee recruitment and engagement.

We have identified and summarized some two dozen various groups of individuals or organizations that could have an interest in or be affected by your facility’s environmental performance. Their interest in your management system and the site’s performance could be well beyond what we have listed here, but as you can see, the possible list of parties is much bigger than what we had to grapple with in the past ISO standard.
 
Each and every one of these parties could create needs and expectations from your environmental department and associated management system, and those needs or expectations can then become environmental obligations you are now required to comply with. Many of the entities in our list will often require an annual reporting or submittal of performance or some summary of your facility’s environmental performance. This may be as simple as an annul report, or as complicated as a 100-point questionnaire to be completed on a global platform such as from the CDP, etc.
 
For each party you should outline in correct detail what those parties need and how you will meet those obligations.  Add each requirement into your overall list of environmental obligations as required under Clause 6.1.3 Compliance Obligations. 

Note that how you meet your interested party’s needs also has to be considered under Clause 9.1.1 Monitoring, Measurement, Analysis and Evaluation if they address requirements of tracking and monitoring of environmental performance.
 
Lastly, you need to address how and if your failure to do any of these activities could pose a risk to your organization, or if there are any good opportunities for improvement (Clauses 6.1.1 and 10.3).
 
As you can see, the work to address one clause such as Interested Parties influences and needs to be further considered or addressed in several other clauses of the Standard.

Richard DiNitto is a founding director of The Isosceles Group, with over 30 years of professional experience in environmental health and safety consulting and facility management across the globe. He has been involved with the ISO certification and recertification for several facilities for ISO 14001 both in the US, Europe and Mexico for more than 10 years. Mr. DiNitto also developed the firm’s program and international team of regulatory analysts to develop international regulatory compliance audit protocols and regulatory updates. He currently assists multi-international firms with their environmental health and safety management programs and onsite EHS staff and compliance.

​ISO 45001:2018, Occupational health and safety management systems – Requirements with guidance for use, was published on March 12, 2018. It is designed to integrate with other ISO management systems standards, ensuring a high level of compatibility with the new versions of ISO 9001 (quality management) and ISO 14001 (environmental management). It is based on the common elements found in all of ISO’s management systems standards, and uses a simple Plan-Do-Check-Act (PDCA) model, which provides a framework for organizations to plan what they need to put in place in order to minimize the risk of harm. The measures aim to address concerns that can lead to long-term health issues and absence from work, as well as those that give rise to accidents.
 
ISO 45001 will replace OHSAS 18001, the world’s former reference for workplace health and safety. Organizations already certified to OHSAS 18001 will have three years to comply with the new ISO 45001 standard, although certification of conformity to ISO 45001 is not a requirement of the standard.
 
Additional information: https://www.iso.org/news/ref2272.html.

Author: Brittany Tofinchio Palmer

A complimentary standard to ISO 14001:2015 was published on March 1, 2016.  ISO 14004:2016, titled Environmental Management Systems – General Guidelines and Implementation, aims to provide guidance to organizations in the areas of implementing, maintaining, and improving an environmental management system (EMS) to make it more credible and reliable. An EMS is intended to enhance environmental performance, achieve environmental objectives, and help organizations comply with regulatory obligations. 

ISO 14004:2016 is an updated version of the 2004 guidance.  It provides several changes, which include: focusing on environmental performance and protection, enhancing the life-cycle perspective, and strengthening approaches on leadership and environmental management strategies.  Specific details and information that pertain to ISO 14001:2015 have also been included. 

In addition, important modifications have been made to Annex A, and a new Annex B has been added.  In the 2004 version, Annex A contained examples of correspondence between environmental management system elements.  In the new version, examples of activities, products, and services, along with their associated aspects, impacts and risks have been provided.  Annex B allows for a smoother transition between ISO standards by providing a phased approach, using the principles in ISO 14005:2010, for EMS implementation.  ISO 14005:2010 provides guidelines for the phased implementation of an EMS.