Environment, Health and Safety from Home, Resources to Rely on while Social Distancing

You are a cannabis industry professional navigating the “new normal.”  You have scheduled a productive day of workbooks, crafts and electronic device time for the children.  You have negotiated workspace allowances with your cohabitants (“You can pace the family room on your calls all you want, but the kitchen table is mine!”). A professional coffee station, with latte, cappuccino, and espresso settings, will be delivered tomorrow. With operational logistics settled, it’s the perfect time to bolster your Environment, Health and Safety (EHS) acumen, and help move your cannabis business forward.

Good news.  One can find a veritable treasure trove of EHS resources online, which are easily navigable and accessible – – even in a ‘new’ work at home situation.  But where do you begin? What guidelines are applicable to your business? What sources are the most trustworthy and up-to date?  This article will outline a few well-known sources that can give you what you need.

Navigating Health and Safety Information

The articles in this series describe the value of a progressive Health and Safety program (see links to previous articles in this series below).  An obvious and free place to start is the federal government’s Occupational Health and Safety (OSHA) website, www.osha.gov.  Coming from the agency which establishes United States workplace standards, the OSHA website holds virtually all of the information you need to understand and establish a Health and Safety program for your company.  However, one might find the detail exhaustive.  The “A to Z Index” of topics alone is 5 pages long, single spaced, with each topic live-linked to guidance which can be thousands of pages long.

For those just getting started, OSHA provides an easy to follow overview, with links to tools, recommended practices, and details:

As you explore the requirements, you will quickly learn that one of your most important jobs is to keep appropriate records.  The OSHA website provides easy instruction here:

The state you live in will either run the state’s OSHA program according to federal OSHA regulations, or will administer a state-specific program built out of the federal OSHA regulations. State plans are monitored by OSHA and must be at least as effective as OSHA in preventing workplace injuries, illnesses and deaths.  State specific regulations are particularly important to understand in the cannabis industry.  A number of states with significant cannabis production and sales, such as California, Oregon, and Michigan, administer their own state OSHA programs. A map showing what program is applicable in your state may be found here.

Navigating Environmental Information

Turning your attention to the Environmental side, the United States Environmental Protection Agency (EPA) also provides specific and free guidance, at their website, www.epa.gov.  The EPA, as measured by annual budget, is more than 10 times the size of OSHA.  The EPA website, in turn, has significantly more information. One useful shortcut you can take advantage of is the EPA cataloguing guidance according to the North American Industry Classification System (NAICS).  Following the applicable NAICS codes, one can easily navigate to relevant information and guidelines for the cannabis industry.

For open field growers (NAICS Code 111998) and growers under cover (NAICS Code 111419) click here.

For dispensaries (NAICS Code 453998) click here.

As you identify subject matter you like, and come up with questions related to your business, you can also search the EPA website by topic.

Similar to state-run OSHA programs, each state has an established environmental authority.  EPA regulations often provide the basis for state regulatory programs, and the EPA delegates authority for certain programs, such as the RCRA Hazardous Waste Program, to individual state agencies.  A listing of the state environmental agencies is provided here.

The websites listed above contain all of the information necessary to understand your company’s EHS requirements according to federal and state law. And while the information is large in volume, you can find everything you need to set up an EHS program – from a simply compliant program, to fully progressive.  We believe that a qualified EHS consultant, and qualified legal counsel, are important partners in setting up the right plan for your business needs. The choice is yours.  Hand out a worksheet, stake out your kitchen territory and forge ahead on your own. Pour an espresso and gather our team for an online meeting. Or choose somewhere in between. If you find time in the “new normal” to build or improve the EHS programs in your cannabis business, there are virtually unlimited resources at your fingertips.

About The Authors

Gerald Hincka is a Senior Consultant with EHS Support, LLC. He has more than 30 years of experience, specializing in the diagnosis, strategic evaluation and complete solution of environment-related business problems for clients around the world.

 Maureen B. Hodson is a Portland, Oregon-based compliance specialist with over 15 years of experience advising clients on a wide range of environmental matters, including regulatory compliance in the areas of waste, air, and water and assessment of environmental risks in connection with complex business transactions in a wide variety of industries. Maureen holds a JD and Masters in Environmental Law from Vermont Law School.

In Case You Missed It

Cannabis and EHS Regulations (Part 4)

Environmental Health and Safety Compliance in The Cannabis Industry: Starting at Ground Zero (Part 3)

Environmental Health and Safety Compliance In The Cannabis Industry: Starting At Ground Zero (Part 2)

Cannabis Regulations and EHS – An Overview (Part 1)