Recordkeeping requirements process

Chemical substances, mixtures, or articles containing substances or mixtures manufactured, processed or distributed in commerce solely for export and labeled for export only are generally exempt from the provisions of TSCA. This exemption does not apply (i) to 8 reporting and recordkeeping requirements, (ii) if the EPA determines that the chemical substance, mixtures or article will present an unreasonable risk of injury to health or the environment in the United States, or (iii) if the EPA determines it requires testing to make the determination in sub provision (ii) above. An export notice will also not be required for chemicals denied entry into the United States that are being returned to the country of origin, unless a TSCA 5, 6, or 7 rule or order applies to the chemical. ... 

Experience with Process Safety Management (PSM) systems has shown that the use of a program manual— in this case a SEMS Manual—can help management keep control of the program. This document, which would be part of the Recordkeeping requirement of SEMS, would show where all critical information is located. It would also serve as a structure for carrying out audits. 

The Occupational Safety and Health Administration (OSHA) injury and illness recordkeeping requirements are designed to quantify the types of injuries and illnesses that are experienced in various categories of work environments. The data collected from this process can also be helpful to the employer by examining the types of injuries and illnesses that are occurring within the organization so that appropriate measures can be taken to prevent the recurrence of woik-related injuries and illnesses. 

This final rule also contains provisions for interested states, territories, and tribes to apply for and receive authorization to administer their own renovation, repair, and painting programs in lieu of the proposed regulation. States, territories, and tribes may choose to administer and enforce just the existing requirements of Subpart E, the pre-renovation education elements, the training, certification, accreditation, work practice, and recordkeeping requirements of this final rule, or both. EPA will use the same process used for lead-based paint activities programs. 

As part of your tracking process, you must comply with OSHA s recordkeeping requirements for occupational injuries and illnesses. Any occupational illness which has resulted in an abnormal condition or disorder caused by exposure to envirorrmental factors, which may be acute or chronic due to irrhalatiorr, absorption, ingestion or direct contact with toxic substances or harmful agents, and any repetitive motion injury is to be classified as an illness. All illnesses are recordable, regardless of severity. Injuries are recordable when ... 

Industrial Pollutant Monitoring for recordkeeping and report generation and Process Monitoring/Rcporting for process reports and other reports. Each requires 512K memory and lOMeg hard disk. 

Articles are exempt from various provisions of the TSCA, including (1) a person who imports or processes a chemical substance subject to specific information-gathering rules under 40 CFR Part 704 is exempt from reporting and recordkeeping rules to the extent that the chemical substance is imported or processed solely as part of an article [12] (2) notices of export are not required for articles, except for polychlorinated biphenyl (PCB) articles and other articles that EPA specifically makes subject to export notice requirements [13] ... 

TSCA 8(c) requires that any person who manufactures, processes, or distributes in commerce any chemical substance or mixture maintain records of significant adverse reactions to health or the environment the recordkeeping obligation extends to mere allegations made without formal proof or regard for evidence ... 

The essence of TSCA 8(c) is recordkeeping and a firm subject to the requirements of this rule is required to establish and maintain records of significant adverse reactions alleged to have been caused by chemical substances or mixtures manufactured or processed by the firm. All records are to be maintained together at the firm s headquarters or any such other appropriate location central to the firm s chemical operations. ... 

As discussed in Chapter 7, Reporting and Recordkeeping, 8(e) of the Toxic Substances Control Act (TSCA) requires that any person who imports, manufactures, processes, or distributes chemical substances or mixtures in the United States and who obtains information generated in the United States or in another country that reasonably supports a conclusion that a chemical substance or mixture may present a substantial risk of injury to human health or the environment must immediately report such information to the United States Environmental Protection Agency (EPA), unless the person knows that EPA has already been adequately informed. The information must be submitted to the Agency within thirty calendar days of the individual or business obtaining the information. For information to be reportable under 8(e), it does not need to establish conclusively that a risk exists and does not need to provide evidence that the substance is hazardous to human health or the environment under actual conditions of use and exposure. The information may relate to actual instances of serious human health or environmental injury caused by the chemical or mixture or to observations that are early indications of such effects. Incidents of environmental contamination may also be report-able under TSCA 8(e) and should be reviewed under this procedure in order to determine its immediate reportability as soon as the Company has knowledge of the incident. 

This chapter discussed the importance of a safety management program addressing employee injuries and illnesses. The system must include OSHA-required recordkeeping, but should also include processes and procedures that serve to prevent injuries and illnesses before they happen. 

The BLS administers an annual Survey of Occupational Injuries and Illnesses. The survey is an indication as to the levels of occupational injuries and illnesses occurring in the United States. Under the Occupational Safety and Health Act of 1970, most private employers are now required to record related injuries and illnesses as part of the recordkeeping standards. If selected through the random selection process, employers are required to submit their occupational injury and illness information to the Bureau of Labor Statistics for the purpose of compiling national estimates on the extent of injuries and illnesses in the workplace. 

Note The Safety Performance History background investigation ( 391.23 and 391.53) effective for drivers hired after October 29,2004, is not a required part of the DQ file, but rather a part of the Driver Investigation History (DIH) file. The DIH file must be kept in a secured location with access limited to those directly involved in the hiring process. If you combine the DQ and DIH files, the entire file must meet the more stringent of the two recordkeeping. 

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