![]() 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:
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.
1 Comment
![]() 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:
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):
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:
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:
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:
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. ![]() 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:
Under the Rule, the distance from the edges of the roof dictates which systems must be in place and what allowances may be acceptable:
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."
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:
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:
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. External and Internal Issues
In our previous post on ISO 14001 Tips we discussed the nature of Interested Parties under Clause 4.2 of the 2015 Standard. Now we will cover the nature of External and Internal issues as required under Clause 4.1 Understanding the organization and its context. This Clause states: The organization shall determine external and internal issues that are relevant to its purpose and that affect its ability to achieve the intended outcomes of its environmental management system. Such issues shall include environmental conditions being affected by or capable of affecting the organization. Depending on your familiarity with ISO 14001, the new ISO Standard requires you to develop a Context of your Organization that is being certified. The Context broadly requires the following things to be developed, outlined, and documented:
Our Tips #1 post covered the second item in this list; here we will address the first one. Of curious note here is that the Standard asks that you address environmental conditions affected by or capable of affecting your organization. That eerily presages many environmental catastrophes that have occurred globally in just the past two years since the Standard became effective. These conditions include such recent disasters as forest fires in California (followed by massive mudslides), hurricane-related flooding such as in Houston or last year’s devastation as in Puerto Rico, to name just a few. These external events could easily affect your operation, and more importantly create unique environmental disasters should you have, for instance. external chemical holding tanks that could be damaged by a flood or fire, and so on. As environmental conditions outside the normal course of your business and management system could impact your operation’s ability to achieve a successful environmental performance, these external issues need to be addressed as part of the ISO planning process. Likewise, there are potential internal issues that could affect your ability to have a successful program, such as the company cutting back on internal costs and limiting the environmental team’s ability to implement programs. Our experience has been that you should try and list the various external and internal issues that would prevent you from having a successful environmental management system – think in terms of what would cause you to fail or simply come up short on achieving whatever intended outcomes you have for the program. As an example - if your goal is to use the ISO program/management system to help your operation improve recycling efforts, then you need to ask yourself or your team what issues (internal and external) would prevent your operation from improving the recycling effort, or at least hamper it and not allow it to improve over current conditions. Some examples might be:
The idea is for you and your team to review the possible reasons for failure or diminished success and evaluate which of these would represent a likely or highly likely risk or opportunity. Some of these risks or opportunities may then become one or more of your environmental objectives for the year under Clause 6.2.1. Further examples of external and internal issues that you may consider include: EXTERNAL ISSUES AND POSSIBLE IMPACTS AFFECTING YOUR EMS Changing Regulations and Laws Change in existing regulations or new laws and rules could create additional requirements. Not keeping up with changes could cause the operation to be in violation. Missing Regulatory Due Dates Not meeting due dates for submittals could result in fines or penalties. Political Climate National and local politics can drive radical changes in regulatory and economic areas. Local Climate/Climate Change Extreme temperatures or variations could cause tanks to rupture or be compromised. Weather could impact movement and create failures or spills. Natural Disasters (earthquakes, floods, etc.) Need for planning for disasters that if unprepared for could cause an uncontrolled release of chemicals to the environment. Environmental NGOs/Community NGOs and Community groups can influence local politics and zoning and affect business operations. Market Shares/Business Performance Changes in market share price or business revenue can affect business funding decisions that would be important for environmental programs. Logistics/ Distribution Centers/ Freight Use Environmental impacts; product delivery; increase site costs. Fuel Prices Dramatic shifts in different fuel prices could force an operation to switch from a low-greenhouse gas fuel to a higher GHG emitting fuel (e.g., going from natural gas to diesel). Technological Development & Advances Use of applications and platforms represent potential opportunities to enhance performance and save effort. Local/ Regional Waste Handling Capacity Restriction on certain types and amounts of waste that can disposed of locally. Water Availability Water availability can hinder operations; consider requirements for control and limits. Air Quality Sites in air quality control zones can place additional restrictions and requirements; local communities can be impacted. Local Zoning Changes Change in zoning designations for the area can impact operations and onsite requirements. Environmental Noise Generation Amount of noise generated from the site can impact local communities and add additional restrictions and requirements. INTERNAL ISSUES AND POSSIBLE IMPACTS AFFECTING YOUR EMS Environmental Staff for the Operation How many staff are necessary to efficiently and successfully operate the management system and environmental affairs. Sudden staff resignations and turnover can lead to a loss in implementation and documentation. Qualifications of staff involved in the EMS programs. Top Management for the Operation Level of support, commitment, and engagement; resources; and leadership. Employees at the Site Level of support, commitment, and engagement. How well trained and aware are employees of the operation’s environmental objectives. Document Management Quality controls, systems in place, available technology, and support. Technology Access to computer systems, databases, and platforms for management of data and activities. Operational Changes (new work activities, line changes, new equipment, etc.) Increased manufacturing can lead to increased waste and emissions. New lines or operations with additional chemicals, waste generation, and raw material needs could impact emissions and affect permit status. While every site is different, an exhaustive review of possible ways your EMS could fail to achieve its intended goals is one way to improve your chances at success. Your review may identify other external or internal issues than the ones listed above. Make sure you look at how these additional issues could impact your success and attempt to rank them by level of possible risk. Identified risks can then be added to your overall risk analysis as prescribed elsewhere in the Standard (and the subject for a later ISO 14001 Tips blog). The organization will then need to determine which of these issues should be addressed and how. Some may not be necessarily remedied in just a year but may require a longer period of time to implement or change. Some auditors we have worked with have suggested the creation of a master plan for the site that incorporates the intended outcomes with the various risks and opportunities and environmental objectives laid out over a 3, 5, or 7-year planning process. A master plan could show which risks and objectives would be addressed in the current year and which are expected to require multiple years to achieve. This type of documentation can also help to show why certain objectives were selected for the current year and which ones may be addressed in the future. Richard DiNitto is a founding director of the 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 over the past decade. Mr. DiNitto also developed the firm’s program and an international team of regulatory analysts who produce 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. 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:
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:
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
Suppliers
Investors/Bankers
Insurers
Trade Groups
Lobbyists/Pressure groups
REGULATING BODIES Federal Environmental Agencies
State/Provincial Environmental Agencies
Municipal/Local Environmental Agencies
Global Legislative Bodies
Certifying Bodies
COMMUNITY/SOCIAL Landlords/Office Park
Fire & Rescue Service
Local Community
Local Government/City Councils
Environmental Groups
COMPANY/ORGNAIZATION Your Company’s Executive Leadership Team
Local Facility Top Management
Employees
R&D staff and engineers
Unions
Contractors/Vendors
Agency workers
HR Department
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. |
Search Facility Management BlogBrowse Archives
November 2019
|