EHS MANAGEMENT

CURRENT ISSUES

ACUA Annual Meeting

October, 2007

Current Issues

• Occupational Health & Safety

• Electrical Standard• PELs• Noise Exposure Std.• Motor Vehicle Safety

• Radiation Safety• NRC Sources of Concern

• Biosafety• Dual-Use research• Pandemic Flu planning• Select Agents

Other– DHS Chemical Facility Anti-

Terrorism Standard

– Greenhouse Gases

– Sustainability

– Proposed Emergency Response Plans for C/U

– Environmental Due Diligence

On the job injuries - 2003

• 138,988,000 workers in the US

• 3,400,000 disabling injuries

• 4,961 on the job fatalities

– 2,158 fatalities attributed to motor vehicles

• 3.2 deaths / 100,000 workers

• $156.2 billion

Electrical Standard – 1910 Subpart S

• OSHA promulgated revised electrical standards (subpart S)– Effective date 8/13/07– PEOSH must adopt within 6

months (2/13/07)– Used NFPA 70E 2002 as guide– Utilities operation exempt

(comply with power distribution std)

• Work Practices vs. Installation– Predominantly, will affect how

we do electrical work

• Installations– Generally compliant

• State DCA Codes

– Must update installation if overhaul to equipment (similar to code upgrades for renovation projects)

– Prohibition on using ground terminals/devices for any other purpose

– Must label equipment• Magnitude, approach

distance and hazard information

Requirements for Work Practices (Subpart S)

• For any work on equipment w/ exposed live parts– Lo/To will eliminate need

• Must assess task for hazard and need for PPE– How is up to employer– Shock and flash hazard

analysis

• PPE – Equipment– Based on assessment– Gloves, eye/face protection,

hearing protection, head protection, etc

• PPE – Clothing– May need to change uniform

• Current clothing not adequate for all work performed

• Provide rated shirts, pants, coveralls, jackets, etc.

• GFCI required for all maintenance work

• No 3/2 prong adapters

OSHA Permissible Exposure Limits

• Concentrations of contaminants in air– 8 hour time weighted averages

– Ceiling limits (not to be exceeded)

– Exposure for a working lifetime

– Current OSHA Standards – not updated since 1969

– Occupational vs. Non-occupational exposures

Motor Vehicles Safety 2005

• Deaths 45,800

• Disabling Injuries 2,400,000

• Cost $247.7 billion

• Vehicle mileage 2,967 billion

• Registered vehicles245,700,000

• Licensed drivers 201,500,000

Unintentional Injuries Leading Causes

Motor Vehicle Deaths - 2003

Nuclear Regulatory CommissionSources of Concern

• Orders for Increased Controls– Federal Register 70FR72128, December 1, 2005– NRC EA 05-090, November 2005

Requires increased security for certain materials-Reduce the risk of unauthorized use, and-Prevent malicious acts.

Required licensees to:-Control access at all times, and-Limit unrestricted access to only approved individuals (“trustworthy and reliable” determination)

NRC Sources of Concern

• NRC Regulatory Issue Summary 2007–14 (June 5, 2007)

– For individuals with unrestricted access

• Fingerprinting

• FBI Criminal history records check

Additional guidance to be issued in the Fall 2007

(Similar to Select Agent Rule)

NRC In the News

• May 2007 - US Government Accountability Office fraudulently obtains an NRC license for 6 potable moisture density gauges

• GAO alters NRC license to increase limits to allow the purchase of 45 gauges

• Obtains quotes and gets promise of delivery of additional gauges

• August 2007 – NRC requires on-site inspection or in-office meeting for new license applicants

• Caution on transfers of licensed materials

DUAL USE RESEARCH

• National Science Advisory Board for Biosecurity (NSABB)

• Dual Use Research defined as research with the potential to:

– Generate valuable scientific knowledge

– Potentially used for nefarious purposes

Dual-Use Research of Concern

• Enhance the harmful consequences of an agent or toxin• Impart resistance to clinically/agriculturally useful

therapeutic agents or enable an agent/toxin to evade detection methods

• Alter the host range or tropism of an agent/toxin• Increase the stability, transmissibility, or ability to

disseminate an agent/toxin• Enhance the susceptibility of a host population• Disrupt immunity or effectiveness of an immunization• Generate or reconstitute a biological agent for which there

are no known or widely available therapeutic interventions

NSABB Draft Guidance

• April 2007

– Proposes that individual researchers identify substantive dual use concerns and confer with local institutional bodies in managing risks

• Consistent with NIH and BMBL philosophy

“Practical Experiences in Dual-Use Review” (Science Vol.316, p. 1432-1433, 8 June 2007)

(1) Inform research community, and

(2) Ensure adequate technical expertise to evaluate protocols and concerns

Pandemic Flu Resources

• http://www.pandemicflu.gov/plan/community

• http://www.osha.gov/Publications/OSHA_pandemic_health.pdf

• http://www.coughsafe.com/index.html

Pandemic Flu Planning

• State Department of Health

• Pandemic Sheltering Group– Formed under EOC (includes Housing, Dining, Res. Life, etc)

– Estimate need for food, shelter, quarantine, or medical isolation

– Define current maximum surge capacity

– Selection of suitable locations

– Plan for provision with expectation of 40% absenteeism

– Ensure needed supplies

– Sheltering plan as prototype for other situations

“Chance favors the prepared mind.”

Louis Pasteur

DHS Chemical Facility Standard

• 6 CFR Part 27 Chemical Facility Anti-Terrorism Standards (Interim Final Rule)

• Title 6: Department of Homeland Security

• CFR: Code of Federal Regulations

• Chapter 1:DHS, Office of the Secretary

• Interim Final Rule published April 9, 2007

DHS Chemical Facility Standard

• Basic Requirements– Submit a Top Screen if the facility “possesses or plans to possess”

quantities in excess of the Appendix A list • w/in 60 days of publication of App. A list

– DHS to rank the facility from Tier 1 (highest risk) to Tier 4 (lowest risk)

– Complete and submit a Security Vulnerability Assessment (SVA)• w/in 90 days of written notification

– Prepare and submit a Site Security Plan • w/in 120 days of written notification

DHS Chemical Facility Standard

• Submit a Top Screen if the facility contains any chemical(s) in excess of the amount listed in the Appendix A.– Top Screen must be submitted w/in 60 days of the final

publication of the list

– Top Screen requires background information on the facility

– Audit of buildings to determine quantities of chemicals

– “Designated person” must enter information into the CSAT system

– Certification by officer of the university to attest to the accuracy of the submittal

DHS CSAT Top Screen Questions

• http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenquestions.pdf (Questions)

• http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf (Users Manual)

– Top Screen security assessment tool to be used to determine if the facility presents a high level of security risk.

– Background info on the facility (name, description, location, owner, security vulnerability assessment, etc.)

– 80 page workbook, estimate of 30.3 hours to complete

DHS - Where are we now?

• University Working group (six higher education associations)

• Anticipated changes to Appendix A:– Remove “any amount” thresholds

– Remove some ubiquitous materials (acetone)

– Clarify concentrations and mixtures

– List separated into “risk” categories; some chemicals may have thresholds for container size

SUSTAINABILITY

• Components

– Economic growth

– Environmental integrity and performance

– Social equity

ISO: International Standards Organization

DJSI: Dow Jones Sustainability Index

Global Reporting Initiativehttp://www.globalreporting.org/Home

SUSTAINABILITY

• Environmental Performance (Eco-efficiency) and Environmental Reporting

– Total GHG emissions (CO2)• Other GHG (CH4, N2O, HFC, PFC, SF6)

– Total water use

– Total energy consumption

– Total waste generation

(www.theclimateregistry.org)

SUSTAINABILITY

• Economic Indicators (DJSI)

– Codes of Conduct / Compliance / Corruption & Bribery

– Corporate Governance

– Risk and Crisis Management

SUSTAINABILITY

• Social Indicators (concept is evolving – no current standard definition under ISO)

“How does an organization establish internal procedures that create wealth and improve society?”

– Corporate Citizenship / Philanthropy

– Labor Practices (Health and Safety)

– Human Capital Development

– Talent Attraction & Retention

Rutgers Sustainability Activities

• University Sustainability Committee

• Recyclemania

• Sustainable Design criteria

• Alternative Fuel Vehicles– Natural Gas– Biodiesel (B-20)

• Sustainable Purchasing Program– Recycled paper– Green cleaning chemicals– Computers (EPEAT standard)– Furniture RFP

Greenhouse GasesNJ Executive Order No. 54

• Greenhouse gas emissions reduction targets

– Stabilization of emissions at 1990 levels by 2020

– Reduction of emissions to 80% below 2006 levels by 2050

California and several other states have adopted similar requirements.

New Brunswick - Piscataway Campus's Emissions

020406080

100120140160180200

Tons

/ Y

ear

(CO

2 x

1,00

0)

NOx

CO

SO2

VOC

CO2

TSP

Major Sources of Rutgers CO2 Production

Stationary Sources(Boilers, Turbines etc.)

Rutgers Owned GasolineVehicles

Rutgers Owned DieselVehicles

Rutgers Owned NaturalGas Vehicles

All Appropriate Inquiries

• Phase 1 Environmental Site Assessments

• Due Diligence for Property Transfers

• EPA Part 312 – Innocent Landowners, Standards for Conducting All Appropriate Inquiries

• ASTM E1527-05 “Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment process”

All Appropriate Inquiries

• Objectives - to determine:– Current and past property uses– Releases of hazardous materials– Waste management and disposal activities– Current and past corrective actions to address releases– Engineering controls– Institutional controls– Adjoining properties that have environmental conditions that

could have impacted subject property

Evaluate potential financial impact on the property transfer.

Note, the property owner is liable for ALL environmental cleanup.

All Appropriate Inquiries

• Purpose: provide standards and practices for all appropriate inquiries pursuant to CERCLA.

• Applicable to establish one of the following liability protections under CERCLA:– The “innocent landowner defense”

– The bona fide prospective purchaser liability protection

– The contiguous property owner liability protection

AAI – General Requirements

• Inquiry by an “environmental professional”

• W/in 180 days:– Interviews of past/present owners and operators

– Searches for recorded environmental cleanup liens

– Reviews of federal, tribal, state, local govt. records

– Visual inspection of the property and adjoining properties

– Declaration by an environmental professional

BIOSAFETY ISSUES

• Select Agent Program– Centers for Disease Control and Prevention (CDC) - HHS– Animal and Plant Health Inspection Service (APHIS) - USDA– Overlap agents

– Particularly hazardous biological agents and toxins • Viruses (Ebola, Lhasa, Smallpox)• Bacteria (Anthrax, Botulinum)• Toxins (Tedrotoxin, Staph enterotoxins)

– Requirements• Registration with CDC• Appoint Responsible Official• Restrict access to only approved individuals• Security• Inventory control• Biosafety Plan• Emergency Response Plan• Training

Select Agents

• Recent Alleged Violations:

– Salk Institute for Biological Studies• Synthesized and possessed conotoxins in excess of limit (100 mg)

w/o registering with CDC• Transfer violations related to possession of conotoxins

– University of South Carolina• Failure to amend Registration• Inadequate security, biosafety, incident response plans• Failure to maintain training, inspection, inventory records

Select Agent News

• Texas A&M– 18 member CDC inspection team on site for 5 days in July 2007

– CDC suspended all research operations w/ select agents

– CDC concerns• Evidence of select agent work w/o prior approval by CDC (aerosol

studies with brucella species)

• Evidence of multiple occupational exposures not properly reported to CDC

– One worker ill from Brucella– Three workers exposed to Coxiella burnetti (blood tests)

Select Agent News

Texas A&M Alleged violations:• Inventory control – failure to account for 3 vials

• Research on developing antibiotic resistant strains w/o CDC approval

• Failure to wear appropriate PPE

• Unrestricted access w/o FBI approval (security risk assessment)

BIOSAFETY NEWS

• Congressional Hearings on Biosafety labs– “Germs, Viruses, and Secrets: The Silent Proliferation of Bio-

Laboratories in the United States”• Rep. John Dingell (D-MI), Chair of the Committee on Energy and

Commerce• Bart Stupak (D-MI), Chair of the Subcommittee on Oversight and

Investigations• Hearing to begin on October 4, 2007

“The potential human health risks involved in this kind of research dictate that we take a close look at whether these biosafety labs are being designed, constructed, and operated safely.”

Focus on Biosafety Level 3 and 4 labs