September/October 2020

By October 12, 2020Uncategorized

IPANA News

IPANA members are planning to meet “virtually” in October via the ZOOM platform.  In order to reduce “ZOOM” fatigue, the sessions are spread over 3 days. The IPANA Associates met separately on September 30!   On Tuesday, October 6, we will host the ISDI membership meeting. On Wednesday, October 7, we will hold the PDI/RIBCA Board and membership meetings as well as a networking event in the late afternoon. Be sure to wear your favorite sports team paraphernalia. The highlight of the week will be a keynote and interactive discussion led by Mr. Ole Rosgaard, Senior Vice President and Group President, Global Industrial Packaging, Greif, on Thursday morning, October 8. Rosgaard will be joined by Ms. Aysu Katun, Greif Director of Sustainability, for the panel discussion, titled “The Road Ahead – Essential Business and Global Sustainability: Greif’s View” which will be led by Ms. Cheryl Caudill, Greif Global Marketing Communications Manager. The afternoon will feature Mr. David Wasserman, our favorite Washington, D.C. insider.  All events are free and your colleagues are encouraged to attend!  You should have received email invitations by now but contact the office if you missed one of them!

The Industrial Steel Drum Institute (ISDI) announced that one of its members, Chris Lind (formerly of Mauser USA LLC),  has received the TRANSCAER® Individual Recognition Award for his efforts towards educating community members and first responders on steel drum safety. “Chris Lind has been an invaluable asset to the Industrial Steel Drum Institute as we strive to educate and train emergency responders and their surrounding communities on how to safely handle steel drums,” said Susan Nauman, executive director of ISDI. The Individual Recognition Award recognizes the special efforts of any individual, team, company, or other organization in advancing the principles of TRANSCAER which include: promoting safe transportation and handling of hazardous materials; educating and assisting communities near major transportation routes about hazardous materials; and aiding community emergency response planning for hazardous material transportation incidents.

Continuing their focus on safety the Industrial Steel Drum Institute, prepared a “coffee break” article on steel drums filled with ignitable liquids for TRANSCAER®.  The article,” What is in that Steel Drum?” aims to educate first responders on how the labeling and marking of the drum provide clues to help characterize its contents. Permanent markings can be found on the side and bottom of the drum that signify the performance rating and help decipher the Hazard Group authorized for the drum and the specific gravity of the product inside it.  Drums are also labeled in accordance with The Department of Transportation (DOT) specifications for “labeling” of Flammable liquids. The article was featured in the recent TRANSCAER® newsletter. You can view the article here.

The Plastic Drum Institute (PDI) and Rigid Intermediate Bulk Container Association (RIBCA) recently signed a letter along with 58 other trade associations regarding the proposed classification of plastics as “toxic” in Canada. The coalition represents a wide range of North American businesses with a strong interest in plastics. This includes companies that make plastic resins; make the chemistries needed to make plastic resins; compound and process plastics; make and use plastic packaging; and make and use plastics in manufactured goods. The Canadian government had started this effort using the Canadian Environmental Protection Act (CEPA). The coalition letter focused on several facts and asked the  Canadian government to uphold the current free trade agreement (CUSMA).

 

Regulatory Updates

For IPANA members who have been operating as “essential” businesses during the COVID-19 pandemic, many of our members relied on guidance that was issued by the Department of Homeland Security, Cybersecurity and Infrastructure Agency (CISA).    Recently, CISA issued version 4.0 of their guidance regarding the essential critical infrastructure workforce.  According to the memo issued by Director Krebs, “The earlier versions of the list were meant to assist officials and organizations identify essential work functions and to allow essential workers access to their workplaces during times of community restrictions. The list can now be most useful in identifying those essential workers that require specialized risk management strategies to ensure that they can work safely (schools).  Furthermore, the list can be used to begin planning and preparing for the allocation of scarce resources used to protect essential workers against COVID-19”.  Click here to access the memo.

In accordance with President Trump’s October 2019 Executive Order 13891 regarding the use of “guidance”, the Department of Labor issued a final rule establishing new requirements.  The rule is nicknamed the PRO Good Guidance Rule with PRO an acronym for “promoting regulatory openness”.  In the past, Interested Parties have objected to the use of “guidance” calling it defacto regulation that is issued without public notice and comment. The Executive Order also required agencies to create a searchable data base. You can find the new portal at dol.gov/guidance and a fact sheet here.

The Department of Labor (DOL) has issued a proposed rule on independent contractors or so called “gig” workers.  The rule is in direct contrast to the current regulations in the state of California that have resulted in reclassification of Uber and Lyft drivers.  The rule listed two “core factors” and three “guideposts” to help make that determination.  The two core factors take into consideration how much a company controls the way a worker performs his or her job and how much a worker can profit based on initiative, as opposed to earning a steady salary regardless of performance. If a determination cannot be made using the core factors then the company can use the guidepost factors to assist in making the determination. In their announcement the DOL noted that since the issuance of the Fair Labor Standards (FLSA) 80 years ago, the department has never issued a rule defining the term for general industry. Comments due on October 26.

 

News

While many of us are not flying right now, it is still interesting to know that the TSA collected more than $900,000 in unclaimed money left by passengers at airport security checkpoints in 2019. Be sure to check for your loose change when you fly! The top five airports where they are finding the change include JFK International in New York, San Francisco International, Miami International, McCarran Airport in Nevada and Dallas/Fort Worth.

 

People, Places & Things

In August, Gordon Rousseau, former Executive Director of RIBCA, passed away in Melbourne, Florida. After many years working for the U.S. Department of Transportation as an expert in hazardous materials regulations, Gordon entered into the private sector where he ultimately founded and presided over his consulting firm, HMT Associates in Washington, DC. He also held a key role at the Interstate Commerce Commission and was a principal contributing author to the Journal of HAZMAT Transportation when he retired at age 65 in 2000.