May/June 2018


At the recent IPANA meeting, the keynote speaker, Jim Spigener of Dekra Consulting, discussed what it takes to create a world class safety organization.  While numbers such as OSHA statistics reflect an organization’s progress, excellent safety leadership is based on 4 key pillars according to Dekra, a leading safety consulting firm.  These pillars include a “passion for people, a focus on exposure control, resource and systems alignment and a willingness to embrace change.”  You can click here to view Mr. Spigener’s presentation.

In late June, a delegation from the Industrial Steel Drum Institute (ISDI) will travel to Milan, Italy to attend the International Confederation of Drum Manufacturers (ICDM) annual meeting. Mr. Kyle Stavig, CEO of Myers Container, is the current Chairman of ICDM.  Mr. Jim Beardsley, CEO of North Coast Container, Doris Beardsley, North Coast Container, Lester Trilla, ISDI lifetime member and Susan Nauman, Executive Director, comprise the delegation from ISDI. After the conclusion of the ICDM meeting, the delegation will attend the European Industrial Packaging Association (EIPA) annual meeting where Kyle Stavig will deliver the keynote address on the “State of the Nation of Industrial Packaging”.

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Regulatory Updates

PHMSA has scheduled a joint meeting with OSHA on June 12 to prepare for the 53rd session of the United Nations Subcommittee on the Transport of Dangerous Goods. The July session is the third meeting of the 2017–2018 biennium. At this meeting the committee will consider proposals for the 21st Edition of the United Nations Recommendations on the Transport of Dangerous Goods (Model Regulations), which may be incorporated into relevant domestic, regional, and international regulations from January 1, 2021. Both Frits Wybenga, IPANA Technical Consultant and Ronce Almond, IPANA Counsel, will attend this session. You can view the OSHA/PHMSA announcement here and copies of the working documents here.

PHMSA has announced the launch of a pilot accident investigation program. Mr. Rick Raksnis, PHMSA Director of Field Services, attended the IPANA Spring Meeting to present information on this new program previously announced to the Interested Parties Group. The program aims to make safety recommendations that would deter future accidents and uncover emerging trends in hazmat transportation. Investigators will receive specialized and recurrent root cause training. Click here to view his presentation.

On May 21, 2018 PHMSA conducted a webinar concerning the termination of M numbers without an expiration date and R numbers. R numbers are issued to packaging reconditioners and M numbers are issued to packaging manufacturers to use in place of the full name and address as authorized in 49 CFR 178.503. PHMSA previously announced their plans for phase out of R#s in a Federal register announcement on November 17, 2017. It is important to note that reconditioners will be allowed to continue to use their R# as long as it is associated with an M#. For further information you can contact Peter Heitzmann at PHMSA or click here to read the notice in the federal register.

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Proposition 65 otherwise known as California’s Safe Drinking Water and Toxic Enforcement Act was enacted in 1986. The regulation “requires businesses to inform consumers about exposures to such chemicals via contact with consumer products sold in California, or via occupational or environmental exposure.” On August 30, 2018, amended regulations will take effect regarding what constitutes a “clear and reasonable warning”. Cohen and Grigsby, a law firm advises, “Because government and private (such as citizen groups) enforcers of Proposition 65 will likely be stepping up their investigations and looking closely at companies’ compliance with the new Safe Harbor Warning regulations after the effective date of August 30, 2018, it is important that manufacturers, packagers, importers, suppliers, and distributors selling products in California that may trigger Proposition 65 evaluate their need for a Proposition 65 Compliance Program or scrutinize and update their existing Proposition 65 Compliance Programs as soon as possible, if they have not already done so.”

The Proposition 65 list of chemicals, which can be found here, is updated annually and now includes more than 900 chemicals. Penalties for violating Proposition 65 can be as high as $2,500 per violation per day. The National Association of Manufacturers recently conducted a webinar to help manufacturers comply with the revised regulations. You can click here to view the PPT slides or listen to the webinar.

China’s “National Sword”, another name for their ban on importing recycled plastics,will expand even further after 2018. China is now moving toward a ban of post-industrial plastics following last year’s ban on post-commercial recycled material. The goal of the program is to reduce the importation of all recycled materials, not just plastics. The Institute of Scrap Recycling Industries (ISRI) released the following statement in reaction to the ban, “The import prohibition China announced to go into effect at the end of 2018 will impact more than 557,000 metric tons, worth more than $190 million of U.S plastic exports to China. ISRI remains concerned about the effect of the ban on the global supply chain and predicts the ban will lead to the use of more virgin material in China.”

The National Association of Manufacturers (NAM) reports that the manufacturing community is “keeping their promise to deliver for workers and communities following tax reform.” Their survey data indicates that 72 percent of manufacturers report they plan to increase employee wages or benefits, 77 percent plan to hire more workers and 86 percent have already planned expanded investments. The NAM shared these results with Congress in the form of a reference pocket card and in testimony before the House Ways and Means Committee. You can obtain additional information by clicking here.

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People, Places & Things

PHMSA Deputy Associate Administrator, Rachel Meidl, has accepted a new position as distinguished fellow and professor at the Baker Institute of Public Policy at Rice University. Her last day at PHMSA was May 4, 2018. Rachel will be moving to Houston, Texas and she plans to attend the Fall IPANA meeting as a guest. According to Rachel, “It has been a pleasure working for the American public and serving in this capacity.”

Thilo Klein of Schütz has been unanimously elected president of the International Confederation of Plastics Packaging Manufacturers (ICPP) at its recent General Assembly. He will now serve a four-year term at the Association’s helm, replacing outgoing president Jerry Geyer of Greif. Meanwhile, Chris Lind (Mauser) and Dave Tatz (Megapack) were unanimously returned as Association vice-presidents for another four years.  ICPP will hold their annual meeting in conjunction with IPANA next Spring in Napa Valley!

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