Regulatory Compliance

Written by Diane M. Calabrese | Published October 2024

Looking for certain growth?

Bet on regulations.

Complying with regulations is a challenge certain to become even more difficult. From emissions to employment rules, meeting the expectations set by regulators at all levels of government consumes time and money. Regulations can be ambiguous. They can also be contradictory. Responses to questions at sites such as OSHA [Occupational Safety and Health Administration] often miss the mark on clarification.

Then there is the sheer number of regulations. A good place to get a sense of how many regulations there are—and how many are coming—is Regulations.gov . The website allows a user to review pending regulations, read them, and make comments during comment periods. The website also enables users to search for existing regulations that apply to a business.

Knowing federal regulations is not the same as knowing all the regulations that apply to a company. State and local governments also put requirements on businesses. They stipulate many licensing and employee work rules. They also impose rules on environmental and safety issues.

Rules are so numerous that an in-house compliance officer is now as important as an in-house certified public accountant. Even if compliance is only part of a team member’s job, an in-house point person on regulations helps avoid running afoul of rules.

Where to begin? Dan Pearson, senior regulatory affairs manager at Kärcher North America Inc. in Aurora, CO, recommends keeping pace with rules via the easily available tools. “Sign up for the automatic email updates provided by the agency making and/or enforcing the rules,” he says.

That can mean alerts coming from several different agencies. And again, it emphasizes the need for a team member focused at least part-time on regulations.

Talk with any member of our industry who spends a great deal of time immersed in regulations (e.g., company leaders, dedicated compliance officers, and safety advocates), and each will offer some concerns about rules that do not seem to be sufficiently understood. Their concerns, when summed up, illustrate the complexity of compliance.

Pearson says that from his vantage three regulatory issues vexing members of the industry currently are PFAS, CARB regulations, and efficiency standards. What unites the three is that the rules for each are still to be firmed (i.e., are in flux).

PFAS [Perfluoroalkyl and polyfluoroalkyl substances] include thousands of chemicals used in industrial processes. The Food and Drug

Administration ( FDA.gov ) takes a great interest in them and is monitoring them by region because they are found in the tissue of living organisms and may be linked to diseases.

CARB is the California Air Resources Board, which has established the most stringent emissions goals in the nation. The goals have been adopted by other states.

Efficiency standards are linked indirectly to emissions, but there is a primary thrust regarding standards— to reduce energy consumption.

CHEMICALS

Every sector of the economy uses chemicals and produces chemical byproducts. Moving and storing chemicals safely is a major concern for our industry.

Linda Chambers, the brand and sales manager at GCE/Soap Warehouse Brand in Norcross, Georgia, has a particular concern about the storage and transport of sodium hypochlorite. It’s a concern, she says, that is reignited almost every day.

“Not following DOT [Department of Transportation] regulations for transporting bleach, sodium hypochlorite, which is a hazmat number 8 corrosive, is a serious matter,” explains Chambers. “Too many vendors are building and selling chemical storage tanks, which are made to sit stationary on the ground, to be used on trailers and vehicle builds that are not UN-certified, hazmat transportation containers.”

In other words, a container built for one purpose (stationary storage) cannot simply be deployed as a transit container. The concern that Chambers expresses is one we have heard from others in the industry. [See the sidebar on sodium hypochlorite for a bit more on the topic of transport safety.]

Chambers says that her company has a strict policy regarding sodium hypochlorite. “Our company cannot and will not fill those poly tanks [not built for transport] with bleach.” It will only fill UN-certified tanks.

There are many companies that do fill the inappropriate tanks. “Eventually, if DOT catches them, they will be fined,” says Chambers.

The fine, however, does not redress the hazard of chemical in the wrong tank traveling down a roadway. We can imagine worst-case scenarios.

Another big concern for Chambers is the lack of compliance among some contractors. “Small contractors not complying with OSHA regulations is also a serious matter,” she explains. That includes “everything from not training employees to not attending to little things like getting SDS [safety data sheets] for the chemicals they use and making SDS binders.”

It takes time and focused effort to stay compliant. There are no shortcuts. It is possible, but quite expensive, to hire outside compliance help— particularly expensive for small contractors. In lieu of that, Chambers has some recommendations.

“You can get online to find and learn the regulations for your business and your location,” says Chambers.

“Most can be found for free by going to the DOT and OSHA websites.”

There are also many options in paying for assistance. “There are plenty of companies out there that will sell contractors information in multiple ways—print, videos, and online programs,” says Chambers. “The problem is if you want it fast and easy, then you have to pay for the work someone else has done to spoon feed you information.”

Chambers’ company strives to help. “We pass along as much information as we can for free,” she explains. “I even give a class on how a small contractor can develop and use a training program that can fulfill OSHA requirements.”

With the how-to in hand, says Chambers, the contractor has the outline needed to tailor a program to his or her company. But she reminds us that there is still work involved.

Sodium Hypochlorite

Corrosives belong to UN class 8 of chemicals. Thus, sodium hypochlorite belongs to UN class 8. By definition, a corrosive substance can react with an organic or metal material on contact. The contact can cause a reaction that results in deterioration of the organic (e.g., a tissue such as skin) or the metal.

Containers holding chemicals belonging to UN class 8 must be labeled with a placard (pictogram and number) that indicates they contain a corrosive. (Similarly, containers of explosives—class 1, gases— class 2, and flammable liquids—class 3, and so on must be labeled with appropriate and corresponding UN class placards.)

Sodium hypochlorite transport must only be done in a container that is designed to hold the corrosive compound. The container must be suitable for—constructed for—its use. That means a container that is used on a vehicle, such as a tank on a trailer, must be built to travel on the road. A container/tank sanctioned for on-road use will have more integrity and be less vulnerable to rupture or spills than one used only as a stationary container. (A road-worthy container could, of course, be used as a stationary container.)

Being readily soluble in water and having strong oxidizing properties, sodium hypochlorite is valuable for cleaning when in solution. Bleach is a dilute solution of sodium hypochlorite.

FMCSA, which is cited in the main text of the article, is not the only DOT entity that oversees safety. Motor carriers that transport certain classes of hazardous materials or hazardous materials with high weights (“high weight” defined by the specific chemical) of certain classes of hazardous chemicals must register with PHMSA [Pipeline and Hazardous Materials Safety Administration].

Contractors buying tanks to transport sodium hypochlorite solution should ask the vendor to verify that the tank is suitable for mobile use—that is, meets the requirement to be fitted with a UN Class 8 placard and used with maximum safety on the highway. If it is not, it should not be used for transport. That’s the bottom line.

An excellent primer entitled “Transporting Hazardous Materials by Highway—New Carrier Information Guide” is available from the DOT. See https://www.fmcsa. dot.gov/sites/fmcsa.dot.gov/files/2021-11/Haz Mat%20General%20Information_FINAL_508c.pdf.

ENGINES, ENVIRONMENT, AND MORE

There is probably not a member of our industry who has not heard about the SORE [small offroad engine] rules that originated with CARB. Yet there are many members of our industry who still do not understand the implications of SORE.

“Currently understanding the regulations like California’s SORE requirements and the upcoming changes in Washington and Oregon” is difficult for industry members, says Christopher Blann, CEO of Powerwash.com in Fort Worth, TX. One reason for the difficulty is that the regulations continue to be refined even as the reach expands.

“Many do not fully understand the federal and state EPA [Environmental Protection Agency] wastewater requirements or fully understand the local municipalities’ rules and regulations,” says Blann. “We teach many classes at our company and its eponymous academy covering these topics; but every municipality has different rules and regulations, so everyone is responsible for doing that research and then complying with the rules and regulations.”

Blann appraises the landscape of regulations. “It can be crazy out there,” he says.

How can one hope to navigate the complex terrain? “The advice we give is to first understand the federal and state requirements as that has to be done if there are no local rules, and apply them in conjunction with local requirements,” says Blann. “Second, go to your local city hall or code enforcement office and learn directly from those local leaders what is required.”

Commitment is necessary. There are no shortcuts.

“It’s better to be proactive than take risks as fixing the situation can be very expensive and even land criminal charges,” says Blann. “It is not worth the risk.”

Blann offers advice specific to contractors: “Is asking your buddy

or other pressure washers or searching YouTube for the local and federal requirements a good idea? No, you have to do the research.”

A recurring question surfaces for anyone who’s trying to sort through layers of requirements, says Blann. “What is the hierarchy for the rules and regulations? That is easy. You have to comply with the most stringent rules for the area. For example, if a city says you don’t have to recover water but

the state says the opposite, then you follow the state’s rules.”

RULES OF THE ROAD

The breadth and depth of regulations can amaze even industry veterans when they stop to reflect on the scope. “As president of the Cleaning Equipment Trade Association, CETA, I’ve observed one of the most challenging issues for industry members is keeping up with evolving environmental regulations,” says R. Calvin Rasmussen, CEO of Royce Industries L.C. headquartered in West Jordan, UT.

“Staying compliant with environmental rules encompasses understanding and adhering to standards for chemical and detergent usage, transportation, disposal, and more,” explains Rasmussen. “These regulations are frequently updated and can differ significantly across regions, making it tough for companies to stay informed and compliant. Moreover, the push for sustainable practices adds another layer of complexity to an already intricate regulatory landscape.”

Taking in the broad view of our industry, Rasmussen says that he would focus on the DOT regulations concerning handling of transportation of chemicals and detergents if he were to “highlight the most common regulatory hurdle”—meeting regulations that aim to ensure

safety, efficiency, and reliability in transportation.

Rasmussen explains the components of DOT rules are in place for good reasons. “They are designed to promote safety, prevent road accidents, and protect first responders and citizens in the event of spills or exposure. These regulations are enforced by various DOT agencies, such as the Federal Motor Carier Safety Administration (FMCSA.)”

Among the regulations from DOT and its sub-entities that require attention, there are seven Rasmussen advises no one overlook. They are the requirements for CDL [commercial driver’s license] holders, hours of service (HOS), vehicle maintenance and safety standards, hazardous materials (hazmat), drug and alcohol testing, weight and size limits, and electronic logging devices [ELDs].

ELDs? “Commercial drivers are required to use ELDs to record driving hours and ensure compliance with HOS rules,” explains Rasmussen.

Add the regulations Rasmussen cites to those that Pearson, Chambers, and Blann cite, and the list is long. But it is still only a partial list. Employment law, for instance, cannot be forgotten. The CDC is right in there with OSHA making rules for worker safety.

“While there may not be a straightforward way to simplify or streamline compliance efforts, I strongly recommend that my fellow CETA members leverage resources available to them,” says Rasmussen. He adds that attending the association’s annual meeting, PowerClean, and regional meetings as well as visiting its website makes keeping up with regulations easier.

Members of PWNA and UAMCC can take an analogous approach. Tap all the information a professional organization has to give.