CTI ENewsletter - Winter  2015
December, 2015

Welcome to CTI's Quarterly  E Newsletter communication that is packed with information on the latest workplace Health & Safety regulations, information, insights and compliance stories that may affect your company's day-to-day business.  Click the link to learn more about CTI's Team of Engineers, Trainers, Project Managers, and day-to-day operations professionals.  
What  Resolutions is OSHA 
Making for 2016?
While you are considering your own New Year's resolutions and those you want to achieve for your company, what has OSHA committed to change in 2016?  

First, their general approach to enforcement will change.  Instead of tracking the number of audits performed annually (as well as the total penalties assessed), OSHA realizes that not all audits are of the same complexity.  So, focusing on how different establishments are visited each year is not as important as how "thorough" OSHA is on the audits they do perform.  This means that audits will be longer and more in-depth with an increased number of violations likely to be cited. 

In addition, OSHA fines will increase for the first time in a quarter century as part of a bi-partisan budget deal. Fines could rise 80 percent next year.  This is especially true for repeat violations, but this gives one important clue how to counter the downside of OSHA's 2016 approach.  Resolve to review and correct any past OSHA violations for your facility (to avoid repeat violations), address the known safety issues (to avoid willful violations), and reassess your operations to discover any new safety concerns. Although not as easy as it sounds, keeping this resolution in 2016 will make for a much safer environment for your workers and a much less costly benefit for your company.

RCRA Reporting is Back in 2016
Remember, if you are a Large Quantity Generator of hazardous waste, the Biennial Report form (8700-13 A/B) must be submitted to the authorized state agency or the EPA Regional Office by MARCH 1st of every even-numbered year. 

Rows of stacked old, used steel oil barrels
Hazardous Waste
Small quantity generators (SQGs) and conditionally exempt small quantity generators (CESQGs) are not subject to the federal biennial reporting requirements but, the federal regulations do require that a site submit data to the Biennial Report if it generates, in any calendar month, 1000 kg  (2,200 lbs.) of  hazardous waste.  Thus, you may also be required to file the RCRA Biennial Report if a one-time disposal of waste (an Episodic Generation of waste) exceeds 1000 kg in any given month.  If you are not fond of this task or are uncertain if you must file a Biennial Report, contact CTI for assistance.

Other OSHA Regulations  Changes for 2016?
Other Changes in the OSHA regulations which are targeted for 2016 (and may impact your operations) include:
  • Reduction of Occupational Exposure to Crystalline Silica (due February 2016):  The revised permissible exposure limit (PEL) would be 50 micrograms of respirable crystalline silica per cubic meter of air (ug/m3).  The current PEL is 100 ug/m3 for general industry
  • Electronic Tracking of Workplace Injuries and Illnesses (due March 2016):  This rule has a two-fold impact.  It would require employers with 250 or more employees to submit all of their injury and illness records electronically to OSHA on a quarterly basis.  Employers with 20 or more employees in certain high-hazard industries would be required to submit electronically their annual summaries to OSHA.  More importantly (and more heavily contested) is that OSHA would make parts of these records public on the Internet.
  • Updating OSHA Standards Based on National Consensus Standards for Eye and Face Protection (due March 2016):  OSHA adopted these Consensus Standards 40 years ago but has not always revised its regulations to adopt the changes that, the organization responsible for these consensus standards have issued.  So, this is OSHA's attempt to "get current" with the latest technology and procedures for eye and face protection.
  • Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention) due April 2016:  This revised rulemaking has been languishing in Committees since 1900.  In its Spring 2015 Regulatory Agenda, OSHA said this rule would be released in August 2015.  It has now been delayed another eight months.
If you are in one of these emphasized enforcement industries, will your company be ready for more in-depth scrutiny by OSHA?  CTI's Assessment Service is an effective first step in getting you prepared. 
One List You DON'T Want To Be On 
This Holiday (or any other time!)
OSHA, like Santa, has a "Naughty List" too.  From OSHA's perspective, the vast majority of employers want to protect their employees; but, others continue to expose workers to very serious dangers even after receiving citations for hazards causing serious injuries, illnesses, and deaths. So, on June 18, 2010, OSHA instituted the Severe Violator Enforcement Program (SVEP) to more effectively focus enforcement efforts on recalcitrant employers, those who are stubbornly caught on the "naughty list" by demonstrating indifference to the health and safety of their employees through willful, repeated, or failure-to-abate violations of the OSH Act. The SVEP replaced the Enhanced Enforcement Program (EEP), an earlier program that the Office of the Inspector General (OIG) found to be inefficient and ineffective.  The SVEP mandates targeted follow-up inspections, will utilize all available means (including social media) to "encourage compliance", and it is difficult to obtain removal from the list.
Due to the willful, repeat and/or serious nature of the violations that will land you on the SVEP list, the fines are also elevated.  As an example, a wood products firm in Ohio faced fines totaling $133,540 for willfully exposing workers to machine and combustible dust hazards.  The four willful, four repeat and nineteen serious OSHA violations asserted that the company had exposed workers to explosion hazards from wood dust and failed to protect workers from dangerous machine operating parts. OSHA's Area Director claimed that "with 27 violations, it's clear the company's priority is not the safety and health of its workforce."
Will your operations be on the "naughty" or "nice" list?  Budgeting for and implementing any needed safety upgrades at your plant in 2016 will make for a happier and more prosperous New Year! 
Winter Safety in the Workplace
Workers removing first snow from pavement
As any of us in Northeast Ohio can attest, the winter snow and ice can cause serious injuries.  Most companies have a snow shovel and stock of ice melt available, but without a plan in-place to quickly remove snow and ice from walkways and work areas along with monitoring wet areas to assure refreezing does not occur, the risk of falling and striking a hard object (pavement, step or curb) is always present.

OSHA also urges employers and workers removing snow from rooftops to be aware of fall hazards and safeguards.  Along with the hazard from falling icicles or chunks of broken ice, several recent incidents of workers going up on a roof and falling through skylights, one resulting in a fatality, emphasize the need for employers to plan how to inspect a snow-laden surface for its potential to collapse and skylights, for electrical hazards from overhead power lines or snow removal equipment, and for the safest approach to accomplish the task (like using a snow rake from ground level).  Employers should also provide and properly train in the use of personal protective equipment including fall arrest systems and non-slip safety boots, if access to the roof looks like it will be necessary.  By forethought and proper preparation for removing snow and ice hazards, we can keep everyone safe this winter.

Did you Know . . . 
Image of a Industrial Factory, view of Exterior

Air Permits are both site-specific & dependent 
upon the chemicals & by-products being emitted
We recently encountered two oversights to demonstrate these points.  One client purchased a new building and started using existing processing equipment without considering the change in location.  Same equipment, so nothing changed, right?  Unfortunately, that is wrong; a Notice of Violation for operating without the required air permit resulted and needed to be rectified before operations could resume.  In a second case, a "simple change in solvents" (to methanol) occurred since the new solvent worked better in the process.  However, that "simple change" to a chemical on the HAPS (Hazardous Air Pollutant) List resulted in the manufacturer needing a Title V Air Permit.  This clearly illustrates how management of change must be done consistently and effectively to avoid unintentional oversights which become costly air permit violations in addition to the base costs of constructing the permits, completing, air emissions calculations, processing the drawings and obtaining PTIO documents.

2016 - The Year for TSCA Chemical Safety Reform?
Having gained bipartisan support, American Chemical Council endorsement, and pressure from chemical safety advocates, it appears likely that the Lautenberg Act (introduced in March, 2014 by Senators Tom Udall (D-NM) and David Vitter (R-LA)) will finally pass in 2016 to reform the nation's Toxic Substances Control Act (TSCA). Unlike every other major environmental law, the TSCA statute has never been significantly amended since it was adopted in 1976.  Most say, "it's about time!" while some viewing the proceedings are concerned that extraneous matters have caused recent progress to hit a snag which is seriously hampering the reform process.

The amended TSCA statute would:
  1. mandate safety reviews for all chemicals in active commerce - literally thousands of chemicals will need review
  2. require a safety finding for new chemicals before they can enter the market - about 1000 per year
  3. replace TSCA's current cost-benefit safety standard with a pure, health-based safety standard
  4. require chemical companies to contribute to the cost of regulations
  5. validate EPA's authority to require testing on new and existing chemicals
  6. prevent industry from hiding information on their chemicals from the public view
  7. set aggressive and judicially enforceable deadlines for EPA decisions and
  8. explicitly require protection of vulnerable populations like children and pregnant women 
In This Issue
Quick Links
Top 10 OSHA Citings of 2015

HazCom Deadlines for 2015 - 2016
December 1, 2015

Distributors may not ship products without new GHS labels.


June 1, 2016

Employers must update alternative workplace labeling and HazCom programs, including re-training.


HazCom Effective Dates  

General Deadlines for RCRA, TRI and additional Reporting for  2016
March 1, 2016

SARA 311/312 SERC Reporting (for CY2015)


July 1, 2016

2014 - 2015 Biennial RCRA Report


July 1, 2016

Toxic Release Inventory (TRI) Report (for CY2015) 




Top 10 Underground Storage Tank (UST)  Violations  according 
(listed in order of frequency)


Failure to register UST's and/or follow conditions for record-keeping 


Failure to confirm that all UST's meet all design requirements


Failure to perform and document monthly monitoring for leak detection


Failure to report and document closures of the following USTs:  residential and non-residential heating oil tanks, emergency generator, fuel oil tanks, and non-residential gasoline tanks


Failure to perform and document monthly monitoring for corrosion protection


Failure to perform daily reconciliation which should include tank in operation, daily inventory of product, volume and adjustments


Failure to provide complete inventory of USTs


Failure to assess soil and/or groundwater during UST closure


Failure to provide emergency communication device


Failure to report releases from previously closed USTs that were not assessed at closure

CTI Celebrates 
25 Years!



CTI has been serving Ohio companies since its inception in May,1990. The CTI staff is excited and proud of this great accomplishment and looks forward to serving our clients for many years to come.


The  Manufacturing News From Wire-Net  published a profile article on Compliance Technologies entitled "Twenty-Five Hazardous Years in business".  CTI is proud to have reached this landmark of service to our clients and wish to share the article with you.    Read the entire article   
Stay Connected & in Compliance

Be sure to check out CTI's updated website for all the latest on  developing regulations,  what approaches have worked (and the consequences of those that have not), available services, and other topics of importance to you and your business. 

Compliance - street sign illustration in front of blue sky with clouds.
Check out our  ENewsletter sections for the latest news and up-to-the minute regulation changes that will keep your company compliant!

Why Might OSHA Inspect your Facility?  
  • A catastrophe or fatality has occurred
  • Employees or others have complained (can be anonymous)
  • Referral from another government agency
  • Something printed or shown on the news (maybe in background of a picture)
  • Follow-up inspections (be sure prior violations are corrected!)
  • Programmed inspections - worksites can be randomly selected because of: 
    • The industry in which they belong
    • An emphasis program for enforcement
    • A higher than average injury rate
    • previous citations
CTI is Hiring

CTI is hiring a full-time Health & Safety Specialist in the Cleveland, Ohio area.
Experienced professional  must demonstrate knowledge of safety regulations, ability to write and train safety programs, and ability to prepare technical reports.

A Bachelor of Science degree in Health & Safety, or a related discipline, plus a minimum of two years of related work experience is required.

Qualified candidates with a GSP, ASP and / or CSP Safety Certification should foward  their resume and references to

or visit our website at


for further information on CTI.

 Stay Connected 

Christmas Time.Christmas candle and decoration. Christmas border design on the wooden background. Christmas fir tree with christmas candle and decoration.

Our Thanks 
to you and Best Wishes for the Holiday Season

As we approach the holidays and the end of 2015, we at Compliance Technologies wish to thank each of our clients for your continuing business and for the trust you place in our services.  Your compliance is our goal and, since complying with the ever-increasing complexity and stringent requirements of environmental and safety regulations is a joint effort, we appreciate your cooperation and participation in accomplishing this important goal.  May each of you and your families enjoy a wonderful holiday season, a Merry Christmas, and a prosperous New Year!

Kathy Grattino
Compliance Technologies, Inc.

Your Compliance is Our Goal