IIAR

By Lowell Randel, IIAR Government Affairs Director

2010 has been a busy year for IIAR Government Affairs activities dealing with issues ranging from Occupational Safety and Health Administration (OSHA) regulations and Alliances, to chemical facility security policies. In the wake of the November mid-term elections, and as 2010 begins to wind down, we thought it would be a good time to provide an update on some key issues impacting IIAR and its members.

OSHA/GCCA Alliance

As was reported in the last edition of The Condenser, IIAR, in partnership with the Global Cold Chain Alliance (GCCA) has formed an Alliance with OSHA to promote safety in our industry. An Implementation Team has been formed and they are busy working to advance the goals of the Alliance. The Implementation Team held its initial meeting immediately after the signing ceremony at OSHA on July 30th. The first meeting consisted primarily of an orientation from OSHA about the operational details of the Alliance Program and outlining potentials activities of the Alliance.

The team has held three conference calls since the signing to discuss next steps of the Alliance, including the identification of compliance assistance products to be developed and potential success stories to pursue. The team has begun work on its first compliance assistance product, a poster addressing general ammonia safety awareness for employees. A work group has been established to also examine the issue of personal protective equipment (PPE) in ammonia refrigeration facilities. The team also decided to pursue two success stories relative to experiences companies have had with OSHA Cooperative Programs. One example will come from a refrigerated warehouse with a recent positive experience with the OSHA On-Site Consultation Program. The other success story being developed will reflect the experiences of a cold storage construction company and their work with OSHA on a number of cooperative programs.

Another component of the Alliance is GCCA participation in OSHA Safety and Health Topics Editorial Boards and eTools. The OSHA website features a Safety and Health Topics page and an eTool, both of which specifically address ammonia refrigeration. By virtue of the new Alliance, GCCA has been given the opportunity to provide technical expertise to these sites. Alliance Implementation Team and IIAR member Jim Marrella has been selected as the GCCA representative to the Ammonia Refrigeration editorial board to work with OSHA on the ammonia refrigeration safety and health page and eTool. In addition to these activities, IIAR President Bruce Badger and IIAR Government Affairs Director Lowell Randel met with OSHA representatives at the Region 1 office in Boston. Bruce and Lowell discussed the formation of the new Alliance, as well as the National Emphasis Program on Chemical Facilities. OSHA representatives were very interested in the types of resources available through IIAR and suggested that training programs covering ammonia refrigeration would be beneficial for OSHA inspectors in Region 1. IIAR and the Alliance Implementation Team are currently considering options to provide this type of training in Region 1. More information about the GCCA/OSHA Alliance can be found at the following website: http://63.234.227.130/ dcsp/alliances/gcca/gcca.html.

GCCA Comments on Changes to OSHA Consultation Procedures

On September 3, 2010, OSHA published a notice in the Federal Register proposing changes to the On-Site Consultation Program that would give the agency more flexibility to inspect facilities going through the consultation process and those that have achieved SHARP status. OSHA has proposed adding a category to the three current circumstances under which enforcement action can be taken against sites of employers participating in OSHA Consultation’s Safety and Health Achievement Recognition Program (SHARP). In addition to imminent danger investigations, fatality/ catastrophe investigations, and complaint investigations; “other critical inspections as determined by the Assistant Secretary” would allow SHARP sites to be inspected. OSHA has also proposed to add referrals as a reason for which a consultation can be terminated. Finally, the OSHA proposal would limit the exemption from programmed inspections for SHARP participants to one year. Under the current system, some SHARP participants have been exempted from programmed inspections for longer than one year. The OSHA proposal is now subject to a public comment period that ended November 2, 2010. IIAR/GCCA Government Affairs Director, Lowell Randel drafted formal comments that were submitted to OSHA regarding the proposed rule.

OSHA National Emphasis Program on Chemical Facilities

The OSHA National Emphasis Program pilot on chemical facilities was originally slated to expire at the end of July 2010. The pilot has since been extended twice. First, the pilot was extended to the end of the 2010 fiscal year. And now, the pilot has been extended for an unspecified amount of time to allow OSHA to finish its evaluation of the pilot and determine the future of the program. It is anticipated that the agency will issue a new directive regarding the program in the coming weeks. While the agency has not made any formal announcements on the direction of the Chemical NEP, it is expected that OSHA will expand the program outside the original regions implicated in the pilot. IIAR President Bruce Badger and Lowell Randel have met with OSHA representatives in Washington and in regional offices on a number of occasions to provide feedback and input on the implementation of the NEP. IIAR will continue to engage with OSHA as it determines the future of the NEP and keep IIAR members informed.

IIAR Leadership Meets with New Jersey Department of Environmental Protection

Peter Jordan, IIAR Chairman of the Board of Directors, along with Past Chairman Larry Basil and Lawrence Cuomo of Dean Foods, IIAR President Bruce Badger, and Lowell Randel met with representatives of the New Jersey Department of Environmental Protection (NJDEP). The purpose of the meeting was to initiate a dialogue on state policies regarding ammonia and highlight challenges facing current and prospective industrial refrigeration facilities in New Jersey. The group discussed current NJDEP policies and how they are making it difficult for companies in the industrial refrigeration business to work in New Jersey. The group also discussed the availability of IIAR technical resources and how they could benefit NJDEP, including potential training of inspectors. The meeting was seen as a successful first step to build relationships in the state with the most restrictive policies towards ammonia.

Chemical Facility Security

The Chemical Facilities Anti-Terrorism Standards (CFATS) program continues to operate under a one year extension of authority which will expire in October 2010. The House passed legislation in 2009 to reauthorize the program, which included provisions of concern such as requirements for Inherently Safer Technology (IST). In July 2010, the Senate Committee on Homeland Security and Government Affairs moved to consider CFATS reauthorization. Ahead of Senate committee action, IIAR Government Affairs issued an action alert to IIAR members urging them to contact Senators to support legislation offered by Sen. Collins that would reauthorize the program without IST requirements. The committee ultimately passed a slightly revised version of the Collins bill that does not include IST. Timing for action by the full Senate is uncertain, and even if the Senate passes their version before the CFATS authority expires. The House and Senate versions were not reconciled before the midterm elections in November which means that another one year extension of the current CFATS program is a likely outcome.