1. Federal OSHA Listens: Do you Talk?

2. REGULATORY DEADLINE: JULY 1, 2003

3. Telecommunications Industry Targeted by EPA

• Rolling stock

• Self-propelled/motorized equipment

• Climbers

• Fixed ladder rung width

• Fall protection controls

• Scaffolds

• Controlled descent devices

• Anchors for suspended work

• Respiratory protection

• Provisions on PPE

Anyone wishing to submit written comments on the Walking and Working Surfaces and/or the PPE standards should send three copies, postmarked not later than July 31, 2003 , to Docket Office, Docket S-029, Room N2625, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, D.C. 20210.  

Documents less than 10 pages may be faxed to the Docket Office at (202) 693-2350.

Comments may also be submitted electronically to http://ecomments.osha.gov.

While the above information deals primarily with providing input for a specific topic, there are ways to contact OSHA for general questions or to seek clarification about how a regulation applies to your workplace. It is fast and easy. Simply pick up the phone and call your local or regional office of OSHA. Phone numbers can be located in the phone directory listed under “State & Local Government” or via the Internet by going to www.osha.gov and clicking on the picture of your state. Be sure to document the name and title of the person you talk to, the time of your call, and the date. You can also request an interpretation in writing.  (This is highly suggested).

Don’t just complain about OSHA…..DO SOMETHING! There are numerous ways to communicate with OSHA….use them. OSHA is listening and safety professionals are always talking….to each other. By using the proper channels discussed in this article, you can be sure that OSHA will hear you!

The Emergency Planning and Community Right-To-Know Act (EPCRA) of 1986, also commonly known as SARA Title III, require facility owners and operators to file reports referred to as the Toxic Chemical Release Inventory.  These reports meet certain specific criteria as established by the Act.  The first annual report, due on July 1, 1988 , was for reporting calendar year 1987.  Reporting requirements were further amplified by the Pollution Prevention Act (Public Law 101-58), becoming effective with reports filed for calendar year 1991.  These reports (termed Form R or the abbreviated version, Form A) must be filed to provide the public with information on the releases and other waste management of EPCRA Section 313 chemicals in the community.  This information also allows the EPA to make informed statistical decisions for future regulations.  

The specific criteria, which determines if an owner or operator must file for their facility, are:

1)      The facility has 10 or more full-time employee equivalents.

2)      The facility is included in Standard Industrial Classification (SIC) Codes 10 (except 1011, 1081, and 1094), 12 (except 1242), 20 – 39, 4911, 4939, 4953, 5169, 5171, and 7389.

3)      The facility manufactures (defined to include importing), processes, or otherwise uses any EPCRA Section 313 chemical in quantities greater than the established threshold in the course of a calendar year.  

The above-defined collection of facilities fairly comprises the entirety of the manufacturing sector and associated enterprises.  A recently added chemical specific reporting category will cause many additional facilities to have to report that did not report in the past.  On October 29, 1999 , EPA published a final rule, which lowers the reporting thresholds for persistent bioaccumulative toxins (PBT) and added more PBT chemicals to the list.  Lead is a PBT included in this category.  Manufacturing, processing, or otherwise using lead and lead compounds in excess of 100 pounds per calendar year trigger the reporting requirements.  

EPA enforcement actions have recently escalated regarding the timely and accurate filing of these required reports.  Non-filing violations can be as high as $27,500 per chemical violation.  Willful non-conformance discovered after a compliance inspection can also result in $27,500 per day penalties.  There is still time to achieve regulatory compliance respective to this pervasive law.  Contact Vanguard today to help make regulatory compliance management a first priority in your EHS program and to insure your facility meets all regulatory mandates through use of Vanguard’s invaluable Compliance Gap Analysis.

According to the U.S. Environmental Protection Agency (EPA), the telecommunications industry must be on constant alert to improve their environmental compliance efforts.  Industry must accept and take advantage of EPA’s Audit Policy.  This policy often rewards those companies who take the initiative to disclose and correct any environmental violation within the company.  

Potential penalties and fines can be easily reduced or eliminated if the company is willing to disclose violation information.  Within the last year, the telecommunications industry has received a total waiver of penalties which total more than $6 million, due to their voluntary disclosure of violation information. 

EPA typically follows its enforcement alerts with a wave of inspections and enforcement actions in the targeted industry.  Many environmental laws remain particularly relevant to the telecommunications industry.  Some are as follows:  

Emergency Planning and Community Right-to-Know Act – Requires businesses to notify state and local agencies in regards to certain chemicals within their facility.  Examples of reportable hazards within telecommunications facilities may include sulfuric acid-filled batteries, diesel fuel, lead, halon and propane.  

Facilities must also notify their appropriate State Emergency Response Commission and Local Emergency Planning Committee if they produce, use or store any of EPA’s 365 extremely hazardous substances in certain quantities.  

Clean Water Act – Requires businesses that handle, transport or store oil or petroleum to prepare and update Spill Prevention, Control and Countermeasure (SPCC) plans.  Telecommunications facilities which require such may include central offices, mobile telephone switching offices and garages storing fuel oil for back-up generators or vehicle fleets.  

Clean Air Act – Regards air quality standards and the permits needed before constructing or modifying a pollution source.  Reporting may be required for items such as back-up generators. (Reporting varies from state to state).   

Resource Conservation and Recovery Act – Telephone operations may result in “hazardous waste streams” requiring a proper hazardous waste management program under RCRA.