A list of five mercury compounds that will be prohibited from export as of January 1, 2020 is the latest step taken by the Environmental Protection Agency (EPA) to implement the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which was signed into law in June.

The reform of the Toxic Substances Control Act (TSCA) gives the EPA a number of responsibilities that must be completed within a tight timeframe. On June 29, 2016, the agency outlined its plan for fulfilling that mandate. The plan included issuing the list of prohibited mercury compounds list (which it did on August 26, 2016), which will prevent the ability to convert these compounds to elemental mercury after export from the United States.

The EPA has also held a series of public meetings during which it gathered comments and feedback from stakeholders the processes that will be used to establish fees and prioritize and evaluate chemicals under the new law.

The first determinations on seven pre-manufacture notices under TSCA were completed in July, 2016. The new law requires the agency to make affirmative determinations on new chemical substances before they can enter the marketplace. The EPA says additional determinations will be released as they are completed.

And, the agency is establishing the Science Advisory Committee on Chemicals (SACC) to provide independent advice and expert consultation on scientific and technical aspects on risk evaluations, methodologies, and pollution prevention measures or approaches.

The new amendments to TSCA are expected to bring about significant improvements to public health.

More about the Frank R. Lautenberg Chemical Safety for the 21st Century Act and EPA’s implementation activities and to sign up for updates, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act 

OSHA Considers Changes in Its Shipyard Falls Standards

OSHA has issued a Request for Information (RFI) as the agency considers updating its safety standards under Subpart E of the Occupational Safety and Health Standards in Shipyard Employment. The standards address falls in shipbuilding, ship repair, shipbreaking, and other shipyard-related employment.

Specifically, the RFI seeks comments and information on the safe access and egress of vessels, buildings, and other structures in shipyard employment (including the use of stairways and ladders); use of fall and falling object protection; and erection, use, and dismantling of scaffolding systems.

Comments and materials may be submitted electronically to www.regulations.gov, the Federal eRulemaking Portal, or via mail, facsimile or hand delivery. See the Federal Register notice for submission details. The submission deadline is Dec. 7, 2016.

Fall hazards are a leading cause of shipyard fatalities. Forty percent of all fatal occupational incidents in shipyard employment from 1992 to 2014 were caused by falls to a lower level, according to Bureau of Labor Statistics.

OSHA has not updated its safety standards in 29 CFR Part 1915, Subpart E since adopting them in 1971. Current standards do not cover all access/egress hazards and do not address advances in technology such as new scaffold systems. Information obtained from the RFI will provide OSHA with insight on current practices used to protect workers from shipyard hazards, and will help the agency determine if revisions or updates to the standards are necessary.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & Safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.