Monthly Focus

Overview and pep-talk
In two short months your hard work and diligence has paid off and allowed you to mark six items off your list for this year. I urge you to stay diligent, focused and on task this month as we help you to mark a few more items off your list.

This month we get to take a couple more bites out of the OSHA side of the elephant while we continue to chew on a couple of EPA bites that we took last month. So remember to do all you can and get help where you need it and you’ll continue to be able to relax a little easier with the peace of mind of knowing that you have drastically decreased your environmental/safety exposure and provided a safer workplace for your employees.

Craving more elephant? Read on for this month’s recipe.

New Focus Items

1st Quarter Safety/Environmental Survey - Safety surveys are an important way to monitor your safety status. Completing regular surveys can help you stay in compliance and the information can be used for accident prevention purposes. It is recommended that you conduct safety surveys at least quarterly and possibly more frequently than that depending on your employee/facility size and the hazards associated with your industry.

Below are some items from the topics covered in this month’s focus that we recommend including in your first quarter’s safety survey.

Exit Routes

1. Are all exit routes marked and illuminated by reliable light sources?
2. Are doors, passageways, or stairways that are not exits, or accessible to exits appropriately marked as "Not an Exit"?
3. Is "Exit" sign lettering at least 6 inches high with 3/4 inch wide stroke?
4. Are exit doors side hinged?
5. Are all exits free from obstructions?
6. Do all exit ways lead to less hazardous areas?
7. Are there sufficient exits to permit prompt emergency escape?
8. Where ramps are used as required exits, is the ramp slope limited to 1 foot vertical and 12 feet horizontal?
9. Do all exit doors open from the inside without the use of a key, tool or any special knowledge?
10. Where panic hardware is installed on exit door, will it allow the door to open with 15 pounds or less force in the direction of the exit traffic?
11. Are exit doors that open onto a street, alley, or vehicle parking area provided with adequate barriers and warnings to prevent employees from stepping into traffic or vehicles from blocking the exit?

Fire Prevention

1. Are combustible materials stored in covered metal receptacles and removed from work areas promptly?
2. Are approved containers and tanks used for the storage and handling of flammable and combustible liquids?
3. Are flammable liquids kept in closed containers when not in use?
4. Are bulk drums of flammable liquids grounded and bonded to containers during dispensing?
5. Do storage rooms have explosion-proof lights and adequate ventilation?
6. Are "no smoking" signs posted on liquefied petroleum gas tanks and in areas where flammable or combustible materials are used and stored?
7. Are spills of flammable or combustible liquids cleaned up promptly?
8. Are storage tanks adequately vented to prevent the development of excessive vacuum or pressure?
9. Are all fire extinguishers and hoses inspected in-house on a monthly basis?
10. Are fire extinguishers subjected to an annual maintenance check (usually by outside source)?
11. Are fire extinguishers and hoses accessible, without any obstructions preventing their use?
12. Are fire extinguishers mounted at least 18 inches from the ground?
13. Are fire extinguishers and hoses properly identified?
14. Are employees trained annually (if required to use extinguishers or hoses)?
15. Are sprinkler systems inspected annually?
16. Is it ensured that material is not stored within 18 inches of sprinkler heads?

  Emergency Action and Fire Prevention Written Program – These are two separate requirements that we like to merge together because we feel that they go together, however, we list their requirements separately so you can handle it however you like.

An Emergency Action Plan (EAP) (29 CFR 1910.38) is a plan to prepare for fire and other emergencies and to help ensure the safety of all personnel in the workplace. You need to determine how employees will be notified in the event of an emergency. An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.

What your plan should cover:

• Procedures to report a fire;
• Procedures for an emergency evacuation (including type of evacuation and exit route assignments);
• Procedures for essential personnel;
• Procedures to account for all personnel;
• Procedures to be followed by employees performing rescue or medical duties; and
• The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.

An employer must have and maintain an employee alarm system. The purpose of the alarm system is to provide warning for necessary emergency action. The alarm has to be capable of being perceived above ambient noise or light levels of noise. The alarm needs to be distinctive and recognizable as a signal to evacuate the work area or to perform actions designated under the emergency action plan.

All employees need to be accounted for once everyone is at the evacuation or refuge area. Usually this responsibility is given to an immediate supervisor who will then report it to someone higher up in the chain of command.

Essential personnel include those persons to be kept in or at the facility (not immediately evacuated) in order to secure critical operations before evacuation. Critical plant operations may include the monitoring of plant power supplies, water supplies, and other essential services which cannot be shut down for every emergency. Also include those persons needed, if any, for chemical or manufacturing processes which must be shut down in stages or steps.
The emergency escape routes should be posted somewhere in the workplace (like a workplace bulletin board or in the break room) and the employees should be familiar with the plan.

An employer must designate and train employees to assist in a safe and orderly evacuation of other employees.
All employees, according to OSHA must receive information/training on the Emergency Action Plan (EAP):

• When the plan is developed or the employee is assigned initially to a job;
• When the employee's responsibilities under the plan change; and
• When the plan is changed.

  Fire Prevention Plan (29 CFR 1910.39)

A fire prevention plan must be in writing, be kept in the workplace, and be made available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.

What your plan should include:

• A list of all major fire hazards in your workplace/facility;
• Proper handling and storage procedures for hazardous materials;
• Potential ignition sources and how to control them;
• Conduct inspections frequently, not only to identify all hazards, but to monitor ignition sources, such as, floor fans, space heaters, coffee pots, other small appliances. Look for frayed wiring, improper grounding, overheating, etc.
• The type of fire protection equipment necessary to control each major hazard;
• Procedures to control accumulations of flammable and combustible waste materials;
• Procedures for regular maintenance of safeguards installed on heat-producing equipment to prevent the accidental ignition of combustible materials; An example is a temperature limit switch often found on deep-fat food fryers found in restaurants. There may be similar switches for high temperature dip tanks, or flame failure and flashback arrester devices on furnaces and similar heat producing equipment. If these devices are not properly maintained or if they become inoperative, a definite fire hazard exists.
• The name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and
• The name or job title of employees responsible for the control of fuel source hazards.

  Emergency Action Training - An employer must designate and train employees to assist in a safe and orderly evacuation of other employees.

All employees, according to OSHA must receive information/training on the Emergency Action Plan (EAP):

• When the plan is developed or the employee is assigned initially to a job;
• When the employee's responsibilities under the plan change; and
• When the plan is changed.

  Fire Prevention Training - An employer must inform employees upon initial assignment to a job of the fire hazards to which they are exposed. An employer must also review with each employee those parts of the fire prevention plan necessary for self-protection.

Previously Mentioned Focus Items

The following topics were covered in the January and February Reminders. If you need to finish them please refer back.

  OSHA Recordkeeping – Keep your OSHA Form 300A form in a place where all employees have access to view until April 30th.

  SARA Title III, Emergency Planning and Community Right-to-Know Act (EPCRA) – Your Tier II reports were due by March 1st. If you haven’t filed them yet… get ‘er done!

  Annual / Biennial Hazardous Waste Reporting – This was also due by March 1st.

  Air Emissions Inventory (AEI) Reporting - Listed above in the upcoming deadlines are the information and links to help you with your particular compliance requirements. The deadline for AEI reporting for Title V Major and Minor Source facilities varies by state and possibly by your individual permit. However, if your permit requires semi-annual reporting, those reports are typically due by January 31st and July 31st. For facilities that require only the AEI annual report, it is typically due by April 1st. We presume that if your facility has an air permit, you are very aware of your deadlines.

If you’re looking for the easiest way to track your air permit click here.

Don’t know if you need an Air Permit? You need to find out! - For those of you who do not know if you’re required to have an air permit, we strongly suggest that you go to your state’s environmental website to determine if you are required to obtain an air permit by clicking here. Then, if you are still not sure, we suggest that you get some help to determine if you need one. We can evaluate your air permit needs and, if required, write it for you. If it is determined that you do not need one, we will provide you with the documentation to support those findings. Click here to view the process.

Whether you do it yourself, use us, or someone else that is competent, we strongly suggest that you make that determination. As we mentioned in our last issue, EPA is getting very serious about permit violators (read article “EPA unleashes its cops to target these 10 trouble spots) and it is much better to be proactive rather than reactive.

  Storm Water Runoff Permit and Annual Inspection Report - Listed above in the upcoming deadlines are the links and information to help you with your particular compliance requirements. This is a reminder for those that currently have a storm water permit that your annual inspection report is due every year. The deadlines to submit the annual inspection will vary by state. In many states it is due March 1st, however, in some states they are due January 31, so make sure you check your state’s requirements. It is also a reminder that your visual or analytical quarterly monitoring needs to be completed by March 31st. We know that some of you are required to monitor monthly, however, we will not be reminding you monthly because I’m sure that you have it on your calendar… right?

For those of you who have not filed your Notice of Intent (NOI) and developed your Storm Water Pollution Prevention Plan (SWPPP) or obtained an exemption, you should do so. EPA is getting very serious about this also, as mentioned in the above article link. In an effort to spread these tasks out a bit, we will be covering Storm Water more in depth in our April edition.

There’s your homework assignment for the month. If you ever need some help, give us a call.

Thank you for reading this month’s issue of the Regulatory Reminder! We hope you found it helpful and informative. We welcome all of your comments, suggestions and any corrections that you see we need to make. All are very important to us, so if you have any… please let us know.

Regulatory Reminder Input

Disclaimer: These Regulatory Reminders are not intended to be an exhaustive source for all of your particular facility’s compliance issues. They are designed to address the basics requirements with which most companies are required to comply. Following the Regulatory Reminder’s deadlines and Monthly Focus will not guarantee your compliance as these reminders are simply designed to help in your environmental/safety compliance efforts. You should always refer to the federal and your state’s regulations for all your requirements. Ultimately, your compliance with federal and state regulations is your responsibility. E&SSG assumes no liability for your compliance or the resources provided in these “Reminders”.