
Welcome to J. J. Keller COMPLIANCE NETWORK
Make regulatory compliance easier than ever at your company with expert guidance and resources custom-tailored to your exact needs.
Welcome to J. J. Keller COMPLIANCE NETWORK
Make regulatory compliance easier than ever at your company with expert guidance and resources custom-tailored to your exact needs.
Workplace safety (OSHA).
Transportation (DOT).
Environment (EPA).
Human resources (DOL).
The next time you’re at a service station, consider the fact that you’re standing above underground tanks holding the fuel that you’re pumping into your vehicle. This brings up an important question about any underground tank: Since you can’t see the tank, how do you know if it starts to leak? The answer is a release detection system.
The Environmental Protection Agency (EPA) requires that all regulated underground storage tanks (USTs) have release detection systems and that owners and operators of USTs test the equipment annually to ensure it operates correctly.
Let’s look at three aspects of release detection equipment testing: how to conduct testing, what to test for, and what to record.
UST owners and operators may conduct release detection equipment testing according to:
Manufacturer’s instructions
Each piece of release detection equipment should have an associated manual or guide for owners to reference. The manual or guide will explain how to test the equipment.
Tip: Most equipment manufacturers provide online versions of their product manuals and guides, which you can likely find on the manufacturer’s website. If you can’t find guidance, contact the manufacturer directly.
Industry codes and standards
EPA’s regulations stipulate that UST owners and operators who follow industry codes and standards must choose ones developed by a nationally recognized association (like ASTM International or the Petroleum Equipment Institute (PEI)) or an independent testing laboratory.
For instance, the agency states at 280.40(a)(3) that UST owners and operators may use PEI/RP1200, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, to comply.
Implementing agency requirements
EPA’s rules for testing release detection equipment serve as the minimum standards. Most state regulatory agencies implement UST programs and may impose stricter or additional requirements. Plus, local regulations may apply.
Check state and local rules to ensure your UST complies with the right requirements.
At a minimum, UST owners and operators must test the following factors that apply to their release detection systems.
The regulation at 280.45(b)(1) mandates that UST owners and operators keep records of the annual release detection equipment testing results for at least three years.
For each annual testing record, list:
Petroleum and other hazardous substances that leak from USTs can endanger human and environmental health. A leaking UST’s primary threat is groundwater contamination. Groundwater supplies drinking water for almost half of Americans.
A release detection system enables a facility to respond sooner to accidental releases and, therefore, limit potential harmful impacts — only if the equipment used for the system operates properly.
Testing your UST’s release detection equipment is vital because it allows you to identify which components function accurately and which parts have problems that need correction. A well-functioning release detection system can help your facility:
Key to remember: EPA requires facilities to test the release detection equipment used on underground storage tanks each year to make sure it operates properly.
Pesticide registrations just became simpler, more modern, and more transparent! EPA recently updated an app and made policy changes regarding how to submit two forms. All these changes result in a streamlined pesticide registration process.
On April 18, EPA made enhancements to its MyPest app, which sources say was initially launched in mid-January. EPA is proud to say that MyPest already boasts over 1,200 registrants. The new app allows registrants of pesticide products to:
Updates to MyPest include an enhanced dashboard page. The page offers information about the registrant’s cases and products. More updates are planned later this year.
On April 4, EPA announced in the Federal Register the issuance of Pesticide Registration (PR) Notice 2025-1. The notice itself is dated effective March 27, 2025. Its subject line reads, “Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35).”
The latest PR notice supersedes PR Notice 98-5, dated June 12, 1998. While the revisions were proposed last June, the agency only finalized them now. PR Notice 2025-1 explains the following:
The two forms — EPA Forms 8570-34 and 8570-35 — have not been modified. Only policies regarding the submission of the two forms have changed. The agency:
EPA contends that none of the information on Form 8570-35 is confidential. Put another way, none of the information on the Data Matrix is protected from public release. Therefore, the agency claims there is no reason to submit two versions of the form.
According to EPA, entities potentially affected by the policy changes include, but are not limited to:
Using electronic reporting for EPA Forms 8570-34 and 8570-35 brings efficient data transmittal, argues EPA. A bonus is that electronic reporting will also reduce errors. That’s because of automated validation tools in the portal. Submitters should experience lower costs and faster review and transmission of data, the agency adds.
In 2024, EPA received a total of 3,309 Data Matrices. Moving from two versions to just one for the Data Matrix form should save registrants and EPA time. Specifically, completing, submitting, and processing the Data Matrix should be quicker. EPA will also experience time savings when providing the public access to the information. Extra steps under the Freedom of Information Act would not be needed.
The MyPest app update is a step forward in efficiency and transparency, concludes EPA. The app enhancements are part of the agency’s overall move toward digital and streamlined processes. EPA projects that the app will improve the timeliness of pesticide registration decisions.
Recent actions streamline the pesticide registration process and make it more transparent. These actions relate to the MyPest app and EPA Forms 8570-34 and 8570-35.
Think recycling at work is just tossing paper in a blue bin? Think again. In 2025, workplace recycling is being redefined—from a basic office task to a strategic initiative that impacts your company’s bottom line, brand reputation, and environmental footprint.
From cardboard and plastics to e-waste and food scraps, today’s leading businesses are building smarter, circular systems that turn trash into opportunity—one department at a time.
Here are five reasons why recycling matters now more than ever.
Sustainability is no longer just a CSR talking point. It’s a core business differentiator. As a management or EHS leader, you’re often on the frontlines of implementing the visible changes that shape public perception. Recycling programs are a low-barrier, high-impact initiative that sends a clear message to customers, investors, and employees: we walk the talk.
Failing to prioritize environmental responsibility puts your company’s reputation at risk—especially in industries with public visibility or regulatory scrutiny. Forward-thinking competitors are already using circular economy models and zero-waste initiatives to win market share.
Champion a program that reflects your company’s values and positions you as a sustainability leader in your field.
Recycling is no longer a “nice-to-have.” Many jurisdictions now require commercial recycling, especially for packaging waste, e-waste, and food scraps. Increasingly, regulations also demand data transparency—such as tracking waste volumes, diversion rates, and sustainability goals.
Supervisors in environmental and safety roles are responsible for ensuring compliance and minimizing risk. Violations can result in hefty fines, bad press, or loss of contracts.
Stay ahead of compliance trends and implement a recycling program that satisfies current and future requirements while keeping audit-readiness top of mind.
Landfill disposal is becoming more expensive due to tipping fees and transportation costs. By diverting materials through recycling or reuse programs, companies can reduce both their environmental footprint and their operational spend.
In addition, smart material handling and waste segregation can lead to process improvements—less clutter, fewer hauling pickups, and even opportunities to monetize recyclable materials like scrap metal, cardboard, or used electronics.
Use data from your waste audits and vendor reporting to identify high-volume waste streams and optimize for both cost reduction and resource efficiency.
Today’s workforce, particularly younger employees, is drawn to employers who align with their values. A clean, green workplace that visibly supports recycling and sustainability reinforces a positive culture, boosts morale, and improves engagement—especially when employees feel like they’re contributing to something bigger.
Recycling initiatives are also an easy win for cross-departmental engagement. Whether through green teams, signage campaigns, or employee challenges, these programs offer hands-on ways to involve everyone.
Build internal buy-in by showing how your initiatives support company values, employee wellness, and sustainability goals by fostering shared responsibility.
In 2025, companies are under increasing pressure from stakeholders to report measurable progress on ESG (Environmental, Social, Governance) initiatives. Waste reduction, recycling rates, and landfill diversion metrics are among the top data points requested in annual sustainability reports and RFPs.
Supervisors and EHS leaders are often the owners of the data. You're tasked with tracking, verifying, and reporting on these outcomes. Without a structured recycling program in place, those metrics are impossible to capture—and your ESG report falls flat.
Establish a system for measuring, improving, and communicating progress toward zero-waste or landfill diversion targets, and support leadership in meeting ESG benchmarks.
Key to remember: Embracing workplace recycling in 2025 isn’t just good for the planet—it’s a smart move that drives innovation, saves money, and positions your company as a leader in sustainability.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s get started!
Ladders were the cause of over 22,000 workplace injuries and 161 deaths in 2020. Each March, the American Ladder Institute promotes ladder safety awareness with the goal of reducing ladder-related injuries and fatalities. Every Step Matters was the theme of this year’s National Ladder Safety Month.
Stand Up 4 Grain Safety Week kicked off on March 24. This annual event brings attention to preventable grain handling hazards and promotes safety in this high-hazard industry.
Federal agencies must review their regulations and report back to the White House by April 20. The priority is on “significant” rules, generally considered to be those with an annual effect on the economy of 100 million dollars or more. Once the regulations have been identified, the Office of Management and Budget and the Department of Government Efficiency will work with agency leaders to create a plan for rescinding or modifying the regulations and begin winding down their enforcement.
A highwall fatality at a surface mine prompted the Mine Safety and Health Administration to issue a safety alert. It outlines what miners should do to prevent similar incidents, including looking for hazards such as loose rocks and overhangs before beginning work.
The American Society of Safety Professionals revised its construction training standard. It outlines training requirements for new hires in construction and demolition operations, site procedures, regulatory compliance, and more.
And finally, turning to environmental news, EPA will reconsider a number of major rulemakings that may impact a variety of industries. This is in response to an executive order that federal agencies review their regulations. Among the rules under consideration include those related to clean power, oil and gas emission limits, greenhouse gas reporting, and risk management.
EPA’s Waste Emissions Charge on petroleum and natural gas facilities with high methane emissions is no longer in effect. The rule initially took effect in January and was then disapproved by Congress on March 14.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
Hazardous waste manifests are like travel logs. They track the entire journey of regulated hazardous waste, from the starting point (the generator’s facility) to the final destination (the off-site waste management facility). Like travel logs, a manifest is only as accurate as the information provided. Thankfully, you can correct manifest errors.
The Environmental Protection Agency (EPA) finalized the Third Rule under the Resource Conservation and Recovery Act (RCRA), which took effect in January 2025. It made noteworthy changes to the manifest corrections process. Here’s what hazardous waste generators, transporters, and treatment, storage, and disposal facilities (TSDFs) need to know.
The Third Rule impacts entities subject to RCRA’s manifest regulations. This article focuses on the manifest correction rules that apply to these waste handlers:
Note that the final rule amends post-manifest correction regulations for other entities, such as exporters, that are beyond the scope of this article.
EPA’s final rule maintains most of the post-receipt manifest data corrections process.
What’s the same?
Specifically:
What’s different?
Previously, when EPA or a state regulatory agency requested corrections to data on a manifest, waste handlers weren’t required to make them. The Third Rule now mandates that waste handlers:
Post-receipt corrections are made via the Hazardous Waste Electronic Manifest System (e-Manifest) on the RCRA Information (RCRAInfo) system.
The Third Rule also clarifies that receiving facilities (TSDFs) can make corrections only after the manifest is completed (i.e., signed and submitted to the e-Manifest system).
Waste handlers submitting voluntary or mandatory post-receipt corrections to hazardous waste manifests must follow the process established at 40 CFR 264.71(l).
Follow this general process on the e-Manifest System:
Check out some top questions and answers about post-receipt manifest corrections.
What manifest information can I correct?
The type of waste handler your facility is considered determines which items on the manifest you can change for voluntary corrections or must change for mandatory corrections. Typically:
What user role do I need on RCRAInfo to submit manifest corrections?
You must be registered in RCRAInfo as a user with the e-Manifest Certifier or Site Manager role for the facility’s site to submit manifest corrections.
What’s the CROMERR certification?
EPA requires manifest correction submitters to use a CROMERR-compliant electronic signature, which requires a higher level of identity proofing than the Quick Sign signature.
Can I revert to a previous manifest version?
Once the corrected manifest has been signed, you can’t revert it to a previous version. The e-Manifest system does, however, let you view all versions of the manifest.
Can brokers sign corrected manifests?
Although brokers can initiate a manifest correction for generators, they may not sign a corrected manifest unless they (a) operate at the generator’s facility and (b) can sign the manifest as an offeror of the waste shipment.
Key to remember: EPA’s Third Rule updates the process for making data corrections to RCRA hazardous waste manifests.
Are you storing and disposing of hazardous waste correctly or sitting on a disaster? Hazardous waste storage is not just a regulatory headache — it is a time bomb for the environment and your company’s bottom line. A disaster in East London, England, is an ongoing issue for nearby residents that highlights the importance of hazardous waste management and why employers must take it seriously.
Originally intended for construction waste disposal, the site eventually turned into a dumping ground for hazardous industrial materials. Investigations found plastics, asbestos, industrial chemicals, and carcinogenic substances illegally dumped, creating an environmental and public health hazard. These materials fuel fires, continuously releasing toxic smoke into the air. Residents have reported respiratory problems, skin irritation, and other health issues while authorities struggle to contain the situation. Even though this incident occurred in London, we can learn plenty of valuable lessons from it. Here’s how employers can take proactive measures to ensure compliance, protect workers, and prevent environmental harm.
A hazardous waste management plan should:
Train personnel on their roles and responsibilities when handling hazardous waste. Training should include:
The primary reason behind illegal waste dumping is financial. We all know it is not cheap to dispose of hazardous waste, but waste generators are responsible for their waste from “cradle to grave.”
One of the most effective ways to prevent hazardous waste incidents is to reduce reliance on them in the first place. By switching to safer alternatives, employers can lower their risk of exposure. Industries now offer eco-friendly coatings, adhesives, and cleaning agents that perform well without all the side effects. Safer alternatives also reduce compliance costs by lowering the burdens for hazardous waste disposal.
The disaster in London is a stark reminder of the consequences of negligent hazardous waste management. Businesses that cut corners on waste disposal risk legal penalties and contribute to long-term environmental and public health damage.
Keys to remember: Employers can protect their workforce, comply with regulations, and prevent environmental disasters by adopting proactive waste management strategies.
A joint Congressional resolution disapproved the 2024 Final Waste Emissions Charge (WEC) Rule on oil and gas facilities with high methane emissions. The Environmental Protection Agency (EPA) announced that the regulation, which initially took effect on January 17, 2025, is now no longer in effect.
Who’s impacted?
The WEC rule applied to facilities in the Petroleum and Natural Gas Systems category that:
Facilities that were subject to the rule are no longer required to comply (i.e., submit WEC filings by September 2, 2025).
What’s next?
EPA stated it’s “currently evaluating options and obligations for implementing Clean Air Act Section 136(c–g) and will provide additional information to the regulated community at an appropriate time."
Section 136, added by the Inflation Reduction Act of 2022, mandates that EPA implement a methane reduction incentive program for petroleum and natural gas systems, including imposing and collecting a WEC on methane emissions above waste emissions limits.
The disapproval occurred on March 14, 2025, just two days after the agency announced 31 deregulatory actions it plans to take.
Key to remember: EPA’s Waste Emissions Charge on petroleum and natural gas facilities for excess methane is no longer in effect.
The Environmental Protection Agency (EPA) announced on March 12, 2025, that it’s taking 31 actions to advance President Trump’s Day One executive orders and the new “Powering the Great American Comeback” Initiative. The agency’s actions will likely impact environmental regulations across various industries.
Rules under review
EPA will reconsider an assortment of rulemakings, including:
The agency will also take other actions, such as:
About EPA’s new initiative
In February 2025, the agency announced the Powering the Great American Comeback Initiative, which outlines EPA’s priorities. The initiative consists of five pillars:
EPA’s 31 actions will primarily address the first three pillars.
Key to remember: EPA will reconsider major rulemakings that may impact a variety of industries.
Another riveting video is posted by the Chemical Safety and Hazard Investigation Board (CSB)! The animated video covers a massive explosion at a Texas machine shop. Two workers and a member of the public were killed. Over 450 neighboring homes/businesses were damaged.
The 14-minute video, “No Detection: Explosion …,” follows a June 2023 investigation report. When the 56-page report came out, CSB Chairperson Steve Owens said, “Our investigation found that [the company] did not have an effective program in place to assess potential hazards in its propylene process and did not have a mechanical integrity program or written operating procedures.”
The incident was compounded by emergency planning failures, says CSB. Owens argued, “This tragic incident was made even worse due to the lack of emergency response training for employees at the facility.”
CSB explains that a degraded and poorly crimped rubber welding hose disconnected from its fitting inside a coating booth. That prompted a release of propylene, a flammable vapor.
By the time workers arrived at the facility the early morning of January 24, 2020, an explosive concentration of propylene had formed inside the building. As workers entered and turned on the lights, the vapor ignited, triggering an explosion. It:
The board’s investigation later found that the company had:
OSHA cited the company 12 years earlier for failing to inspect gas system equipment for signs of deterioration or leaks. The 2008 OSHA visit was prompted by another explosion of propylene gas.
Following the later 2020 incident, OSHA issued citations for failing to:
CSB explains that the shop’s propylene amount was below the threshold for OSHA’s Process Safety Management (PSM) standard at 29 CFR 1910.119 or EPA’s Risk Management Plan (RMP) standard at 40 CFR 68. Still, the CSB investigation identified these safety issues:
Owens concludes that the deadly incident could have been mitigated if the company had implemented an effective PSM system for the hazards of its coating operation. Even if a leak occurred, Owens believes an emergency response plan could have prevented the tragic loss of life.
OSHA chemical emergency preparedness may include an emergency action plan and/or an emergency response plan.
To prevent chemical incidents, CSB urges you to:
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The latest video comes after the board received a “Silver Play Button” award. The CSB’s video channel boasts 364K subscribers and nearly 100 safety videos. The channel has had over 65M combined views since 2007. What’s more, CSB claims that the chemical industry itself and engineering schools use the videos for chemical safety training.
A new CSB video covers the 2020 massive explosion at a Texas machine shop. The board urges you to implement PSM systems even if not required. CSB also presses you to ensure that workers are trained in emergency response plans.
During a recent discussion about the persistent challenges of maintaining air quality standards within heavy industrial operations, one colleague in the field shared about a large Midwestern industrial facility that faced allegations of significant Clean Air Act violations. Our casual lunch meeting turned into a case study on uncontrolled emissions of particulate matter (PM).
An investigation identified the facility’s clinker cooler and raw mill operations as primary sources of excess PM. Monitoring data revealed the facility consistently exceeded permitted emission limits, suggesting systemic deficiencies in pollution control systems. Further inspection pointed to potential inadequate maintenance and operation of existing baghouse filters, a critical technology for capturing airborne particles. The facility also appeared to struggle with fugitive dust emissions from material handling and storage areas, indicating a need for improved dust suppression measures.
The case clarifies the importance of rigorous, proactive environmental management within heavy industrial operations. To prevent similar violations, facilities should prioritize comprehensive monitoring and reporting. Continuous emission monitoring systems provide real-time data, enabling early detection of deviations from permitted limits. Regular inspections and preventative maintenance of pollution control equipment are essential. This includes ensuring baghouse filters operate within their design parameters and promptly replacing damaged or worn components.
Additionally, robust fugitive dust control plans are vital. They should address all potential sources of fugitive dust, encompassing material handling, storage, and transport. Implementing strategies such as water spraying, enclosure of conveyors, and optimized material stockpiling can significantly reduce emissions.
Beyond technology, a strong environmental compliance culture is crucial. It involves employee training on environmental regulations, operational procedures, and the importance of adhering to pollution control measures. Regular audits and internal assessments can help identify potential weaknesses and ensure ongoing compliance.
Industrial facilities can minimize their environmental impact and avoid costly enforcement actions by focusing on:
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. There’s a lot going on, so let’s get started!
Under a new Executive Order, federal agencies must eliminate 10 regulations for each new one they introduce. This applies to all new rules, regulations, or guidance issued by government agencies such as the Department of Labor, which includes OSHA, and the Environmental Protection Agency.
A new OSHA fact sheet outlines employee rights and protections when filing a whistleblower complaint. Employers may not retaliate against employees who exercise their rights under the Occupational Safety and Health Act.
OSHA will not cite employers for COVID-19 recordkeeping violations under its Healthcare Emergency Temporary Standard. These regulations are specific to healthcare settings. The provisions remain in effect, but until further notice, OSHA will not enforce them.
New guidance from the National Institute for Occupational Safety and Health recommends that employers use individual, quantitative fit-testing for hearing protection. This helps evaluate how well workers’ hearing protection reduces noise levels and ensures a proper fit.
And finally, turning to environmental news, states across the country continue to consider and implement regulations related to PFAS. These “forever chemicals” are long-lasting chemicals that may pose risks to human and environmental health. A recent study anticipates that more than half of the states in the U.S. are likely to consider PFAS-related policies this year.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
A group of substances called “forever chemicals” lasts long in the environment, but the submission period for its one-time reporting requirement doesn’t. And it starts in just a few months. The Environmental Protection Agency (EPA) requires covered entities to report data about per- and polyfluoroalkyl substances (PFAS) they manufactured between 2011 and 2022.
Required by Section 8(a)(7) of the Toxic Substances Control Act (TSCA), the report covers PFAS production volumes, disposal, exposures, and hazards. The submission period opens on July 11, 2025. Here are answers to five common questions about the TSCA Section 8(a)(7) report.
The TSCA Section 8(a)(7) reporting requirements apply to any person who manufactured (including imported) a PFAS or PFAS-containing article between January 1, 2011, and December 31, 2022, for commercial purposes.
EPA defines terms for this reporting requirement at 40 CFR 705.3.
One vital thing to note is that the TSCA Section 8(a)(7) reporting requirement allows for no exemptions. The rule even covers PFAS manufactured as a byproduct, impurity, or non-isolated intermediate. The only activity that doesn’t require reporting is importing municipal solid waste streams to dispose of or destroy the waste.
The information required depends on whether you use the standard or streamlined TSCA Section 8(a)(7) reporting form.
The standard form contains:
The streamlined form requires less information than the standard form. Two types of reporters qualify to use streamlined reporting:
Importers may choose to use the streamlined “PFAS in Imported Article” form. If you imported a PFAS-containing article and manufactured (including imported) the same PFAS (not in an article), you can either:
Manufacturers of qualifying R&D PFAS can use the “Research & Development PFAS” form. However, you cannot use the streamlined form if you manufactured a PFAS in small quantities for R&D and otherwise manufactured (including imported) the same PFAS.
For most manufacturers, the TSCA Section 8(a)(7) report submission period runs from July 11, 2025, to January 22, 2026. Small manufacturers who solely imported PFAS-containing articles have a longer submission period, from July 11, 2025, to July 11, 2026.
Reports must be submitted electronically through EPA’s Central Data Exchange (CDX). Go to the Chemical Information Submission System and choose the “TSCA Section 8(a)(7)” application.
Note that you must have a registered account on EPA’s CDX to submit the report, and the facility for which you’re submitting the report must also be registered on the platform.
TSCA Section 8(a)(7), as amended by the National Defense Authorization Act for Fiscal Year 2020, required EPA to develop a rule to gather data about PFAS from entities that manufacture or have manufactured PFAS and PFAS-containing articles. The agency finalized the rule in October 2023 for this one-time reporting requirement.
The TSCA Section 8(a)(7) PFAS reports will give EPA a more complete picture of PFAS manufactured in the U.S. The agency will use the data to further its understanding of the forever chemicals and inform future regulatory actions.
Key to remember: The submission period for the one-time PFAS reporting requirement opens July 11, 2025. It applies to anyone who manufactured (including imported) PFAS or PFAS-containing articles between 2011 and 2022.
Used oil disposal is a critical issue for safety managers and shop supervisors in industrial settings. Whether your facility generates used oil from machinery, vehicles, or hydraulic systems, you must understand the regulatory requirements to ensure compliance and avoid hefty fines.
Used oil is not always considered hazardous waste, but improper handling, storage, or disposal can lead to regulatory violations and environmental hazards. Understanding how used oil is classified, when it is considered hazardous, and how to manage it in compliance with 40 CFR Part 279 is essential.
Let’s uncover the regulatory framework for used oil disposal, including storage requirements, transportation rules, and best practices to ensure compliance at both the federal and state levels.
The EPA defines used oil as any petroleum-based or synthetic oil that has been used and is contaminated by physical or chemical impurities. Common sources of used oil in industrial operations include:
According to EPA regulations (40 CFR Part 279), used oil is presumed to be managed under the less stringent used oil management standards unless it meets hazardous waste criteria.
Used oil becomes hazardous waste if:
If used oil is classified as hazardous waste, it must be managed in accordance with the applicable solid and hazardous waste requirements.
The EPA requirements for used oil consist of three different aspects, as outlined below.
1. Storage Requirements
Use leak-proof tanks and containers made of durable, non-earthen materials (e.g., steel, plastic, or concrete). Label all used oil containers with the words "Used Oil" to prevent misidentification. Prevent leaks and spills by using secondary containment systems and regularly inspecting tanks. Never mix used oil with hazardous waste unless authorized.
2. Transportation and Disposal
Used oil generators may transport up to 55 gallons of used oil to a registered collection center without an EPA ID number. If contracting a used oil transporter, ensure they have an EPA Identification Number.
Used oil must be:
3. Spill Prevention and Cleanup
Facilities storing large amounts of used oil must have a Spill Prevention, Control, and Countermeasure (SPCC) Plan. SPCC plans establish procedures, methods, and equipment requirements to prevent oil from reaching waterways, and to contain discharges of oil.
Any spills must be cleaned up immediately, and absorbent materials must be disposed of properly. Rags and shop towels contaminated with hazardous materials may be classified as hazardous waste.
While the EPA focuses on environmental compliance, OSHA (29 CFR Part 1910) regulates worker safety when handling used oil. Key OSHA requirements include:
1. Personal Protective Equipment (PPE)
Workers handling used oil must wear gloves and protective clothing to prevent skin exposure. Safety goggles or face shields are also important to avoid eye contact.
2. Hazard communication (HazCom) program
Employers must label all used oil containers with appropriate hazard information and train employees on safe handling procedures and emergency response.
3. Fire and Explosion Safety
Always store used oil away from ignition sources to prevent fire hazards. Ensure storage areas are ventilated to avoid vapor buildup.
Many states have stricter used oil regulations than federal laws. For example:
To ensure compliance, check with your state’s environmental agency for state-specific used oil disposal rules and whether used oil is considered hazardous. Additional permits for transporting or processing used oil may be necessary.
Ensuring compliance with EPA, OSHA, and state laws is essential for safety managers and shop supervisors handling used oil. By following proper storage, transportation, and disposal practices, businesses can reduce environmental risks, improve workplace safety, and avoid costly fines.
Key to remember: By staying informed and proactive, your facility can maintain safe, sustainable, and compliant used oil management practices.
You might argue that warehouses have always posed challenges to fire service crews. However, today’s warehouses are pushing the boundaries on what firefighters can handle. Modern warehouses have far more square feet, sky-high storage racks, and compacted arrangements making it tougher for crews to reach a fire quickly. Commodities with lithium-ion batteries add another danger layer in a fire. Plus, robots can get in the way.
To sort this out, the National Fire Protection Association (NFPA) released back-to-back reports and a podcast that give warehouse owners/operators and fire crews a lot to think about:
Over 1,500 warehouse fires happen annually on average, NFPA estimates. That means warehouse fires are not rare. The first time that fire crews lay eyes on your warehouse should not be when there’s a roaring fire there in the middle of the night.
Ideally, fire service members should be involved before a warehouse is built. That way, things like water supplies and crew access can be part of the drawing board. If your warehouse is already in operation, it’s still critical for fire services to check out your warehouse. They can get familiar with your warehouse configuration, its fire suppression systems, and its stored commodities.
While the two reports detail challenges and trends for warehouse fires, one overarching takeaway prevails — pre-planning between the warehouse owner/operator and the fire service is a must. The concept is covered in the podcast too. Pre-incident planning inevitably helps fire crews to efficiently control and suppress an actual fire. It also informs the owner/operator about fire crew capabilities for the site.
OSHA’s Emergency Action Plan standard calls for covered employers to implement a plan to protect employees during fire emergencies. This requirement is found at 29 CFR 1910.38, 1915.502, 1917.30, 1918.100, and 1926.35, depending on your industry. However, the pre-incident planning that NFPA is talking about is pre-planning WITH the fire department so that there are better outcomes for people and property, in the event of a fire.
The 125-page NFPA report, “Identifying Challenges to Fire Service Response in Storage Facilities,” emphasizes that warehouses are evolving to meet greater demand. The report:
One recommendation suggests that future study needs to focus on ways fire departments can improve communication with warehouse owners/operators about pre-planning. The idea is that more communication should happen not only for existing warehouses but before constructing them. It’s also vital when warehouses are about to experience a change. Similarly, fire departments and warehouse owners/operators need to work out how employees will be head counted during a fire incident.
Another NFPA report, “Warehouse Structure Fires,” chronicles thousands of warehouse fires that happened between 2018 to 2022. In some cases, the 8-page report reflects on fires going back to 1980. It offers 13 charts that cover the:
The report concludes that four components are essential to protecting warehouses from fire: proper sprinkler systems, automatic alarms, pre-fire inspections, and pre-planning.
Finally, NFPA sat down with two fire protection professionals for 42 minutes to talk about “Big Storage, Bigger Questions.” The podcast sunk its teeth into some of the deeper concepts found in the new “Identifying Challenges” report, including:
Again, pre-planning was reiterated. The pros explained that warehouses have many variables, so getting crews into these facilities before any fire happens is important for better outcomes if a fire were to occur.
NFPA released two reports and a podcast related to the challenges of combating warehouse fires and the history of fires in U.S. warehouses. Pre-planning is an overarching theme in all three.
When you think of workers getting stuck by a contaminated needlestick, you think of healthcare. Right? Well, a recent NIOSH fact sheet argues that you also need to picture law enforcement officers. That’s because they’re at risk of these incidents when they search people, property, vehicles, or homes!
Syringes and needles are not the only sharps to worry about, however. Other sharps include lancets, scalpels, and auto-injectors. The thing is, contaminated needlesticks/sharps injuries can infect officers with viruses. These include hepatitis B virus (HBV), hepatitis C virus (HCV), HIV, and others.
Is it reasonably anticipated that your law enforcement officers will have contact with blood or other potentially infectious materials (OPIM) as part of their jobs? If so, they have what OSHA calls “occupational exposure.” That includes reasonably anticipated incidents involving contaminated needlesticks or other contaminated sharps as part of the duties of an officer, the subject of the latest fact sheet.
That's a trick question! The Occupational Safety and Health Act (OSH Act) only covers the private sector. There’s a gap in coverage for the public sector workers like law enforcement officers employed by a municipality or state agency. That means federal OSHA does not regulate the Bloodborne Pathogens (BBP) standard at 29 CFR 1910.1030 for these officers.
However, many states have filled that gap in one of two ways:
If your state has bloodborne pathogens laws and regulations, it’s important to meet them if you have officers (or any workers) with occupational exposure. Note that occupational exposure is not the same thing as an exposure incident. An exposure incident is actual contact with blood or OPIM. Whereas occupational exposure is reasonably anticipated contact as part of the job duties.
Regardless whether your officers are protected by bloodborne pathogens laws and regulations, NIOSH’s fact sheet (DHHS (NIOSH) Publication No. 2025-101) provides tips and best practices specific to the risks to law enforcement. For example, NIOSH suggests that officers complete training on:
Some ways officers can keep safe include, but are not limited to:
When handling sharps, NIOSH recommends:
If an officer suffers an exposure incident involving a contaminated needlestick/sharp, the fact sheet urges the officer to:
Treatment should be sought from a healthcare provider immediately. That provider may offer medication or a vaccine to prevent infection.
The latest fact sheet comes on the heels of an 8-page guidance document from NIOSH — DHHS (NIOSH) Publication No. 2022-154. Learn more about that in our J. J. Keller® Compliance Network article, “NIOSH report points at sharps injuries in law enforcement,” from September 7, 2022.
A recent NIOSH fact sheet argues that law enforcement officers who do searches are at risk of needlestick/sharps incidents! The agency offers tips about how to stay safe and how to handle and dispose of sharps safely. It also explains what to do if there’s an exposure incident.
Over the past few years, federal environmental regulations have targeted a specific group of chemicals: per- and polyfluoroalkyl substances (PFAS). However, the Environmental Protection Agency (EPA) isn’t the only entity taking action to control PFAS; state agencies are too.
So, how should businesses respond? Stay alert to the PFAS regulations at the state level.
PFAS, called “forever chemicals,” are long-lasting manufactured chemicals that may pose risks to human and environmental health. With thousands of PFAS chemicals, however, controlling their use to reduce the risks is no easy task.
Additionally, PFAS appear in nearly every sector. They’re used in a wide range of products (like food packaging, cleaning products, and textiles) and for commercial and industrial applications.
Multiple states already have PFAS rules on the books. Check out these examples:
Many states also have proposed PFAS rules under consideration.
If your facility uses PFAS, it’s essential to know whether the state has regulations that apply to your operations. Plus, knowing the state’s potential future PFAS rules coming down the pipeline can help you better prepare to comply.
Consider these general tips to support your facility’s efforts to track state PFAS actions:
Staying alert to state PFAS regulations can help your organization maintain compliance.
Key to remember: States across the country continue to consider and implement regulations related to PFAS. Staying alert to state PFAS actions is key for businesses to stay compliant.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. There’s a lot going on, so let’s get started!
As happens at the start of most incoming presidential administrations, a freeze has been placed on all regulatory activity at the federal level, giving the new administration time to review agencies’ plans. The Office of Management and Budget, which must approve most rulemaking activities, has sent numerous pending rules back to the agencies for review. In addition, OSHA withdrew its infectious diseases proposed rule and its COVID-19 in healthcare rule prior to the inauguration.
OSHA’s penalties increased on January 15. The maximum penalty amounts for serious and other-than-serious violations increased to $16,550. For willful or repeated violations, the maximum penalty increased to $165,514 per violation.
OSHA updated its directive on injury and illness recordkeeping policies and procedures. While it’s intended for OSHA compliance officers, employers can use the information to help with recordkeeping compliance.
Fewer workers died on the job in 2023, as fatal work injuries decreased 3.7 percent from 2022. Transportation incidents remained the most frequent type of fatal event, accounting for over 36 percent of all occupational fatalities.
California’s Occupational Safety and Health Standards Board voted to adopt a permanent silica standard. If approved, it would extend and strengthen the state’s emergency temporary standard, which was put in place in December 2023.
The National Institute for Occupational Safety and Health updated its List of Hazardous Drugs in Healthcare Settings. This is a resource for employers and employees in identifying drugs that are hazardous to the health and safety of those who handle them.
Turning to environmental news, EPA released the biannual update of the nonconfidential TSCA inventory. The inventory helps facilities determine their regulatory requirements for the chemicals they use or plan to use.
And finally, EPA added new Management Method Codes to describe how hazardous waste will be managed after temporary storage and transfer. As of January 1st, hazardous waste handlers must use the codes on the Biennial Report Waste Generation and Management forms.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
The Environmental Protection Agency (EPA) controls the amount of pollutants that reach the waters of the United States through the National Pollutant Discharge Elimination System (NPDES) permit program. The NPDES program covers two types of discharges from industrial sources:
Although they’re under the same federal permitting program, stormwater and wastewater discharges are distinct, and their permits are too. Know the basic differences between these types of industrial discharges to ensure your facility complies.
Rain and snow that flow over land or impervious surfaces (like building rooftops and parking lots) and don’t soak into the ground generate stormwater runoff. The runoff can gather pollutants generated by industrial activities at a facility and transport them into nearby waterbodies. Your facility must have a permit to discharge stormwater associated with industrial activities to waters of the United States (40 CFR 122.26).
The NPDES program regulates stormwater discharges from 11 categories of industrial activities, listed at 122.26(b)(14). Examples of covered activities include:
Note, however, that construction sites that disturb 5 or more acres (the tenth category) are permitted individually.
The permit contains stormwater control measures (including “best management practices”) to limit pollutants that enter stormwater runoff. Containment systems, employee training, and infiltration devices are all ways to control runoff.
Most states issue industrial stormwater discharge permits. EPA issues individual permits and the Multi-Sector General Permits (MSGPs) to facilities where the agency is the permitting authority. The MSGP is EPA’s general permit for industrial stormwater discharges.
Many industrial processes use or generate water that contains pollutants, referred to as industrial wastewater. There are two types of wastewater:
Your facility must have a permit to discharge industrial wastewater to surface waters (122.21(a)).
The NPDES program regulates direct wastewater discharges from industrial sources through rules based on the type of facility and activity. The regulations also have industry-specific requirements for:
Effluent limitations are the primary control method for industrial wastewater discharges. EPA establishes Effluent Limitations Guidelines (ELGs) for industrial categories and subcategories. These pollution-reduction performance standards are based on the best available technology that’s economically achievable by facilities in the industry. The ELGs are then incorporated into the permits through effluent limitations.
Additionally, industrial facilities must meet water quality-based effluent limitations when the technology-based standards don’t achieve the required water quality standards. Both industrial stormwater and wastewater discharge permits may include technology- and water quality-based effluent limitations.
As with stormwater permits, most states issue industrial wastewater permits. Facilities in areas where EPA is the permitting authority must obtain either a general or individual NPDES permit.
Because a majority of the states run stormwater and wastewater permitting programs, it’s crucial to check the state regulations. State permits must contain limits as stringent as EPA’s federal permits, and some states may impose stricter limits and/or additional requirements.
EPA’s website lists the states authorized to issue NPDES permits with links to the state agencies that run the NPDES program.
Key to remember: Industrial stormwater and wastewater discharges, and the permits that regulate them, are different.
A new executive order from the Trump administration takes aim at government regulations, vowing to remove 10 rules for every new one issued.
The new directive, signed January 31, 2025, will apply to all new “rules, regulations, or guidance” issued by government agencies such as the Department of Transportation, the Department of Labor, and the Environmental Protection Agency.
The order says over-regulation has increased costs and inflation, killed jobs and businesses, reduced choice, discouraged innovation, and infringed on liberties.
The move aims to cut much more than a similar “two-for-one” order issued at the start of President Trump’s first stint in the White House in 2017. That order applied only to regulations that would cost $100 million or more.
The White House says the 2017 order was “the most aggressive and successful regulatory reduction effort in history” and eliminated five and one-half regulations for every new one issued.
The new order, according to a White House fact sheet, says that whenever an agency promulgates a new rule, regulation, or guidance, it must identify at least 10 existing rules, regulations, or guidance documents to be repealed.
It will be up to the head of the White House Office of Management and Budget to enforce the order and ensure agencies use a standard measuring stick to verify compliance.
The order also requires that for fiscal year 2025 (which ends September 30), “the total incremental cost of all new regulations, including repealed regulations, be significantly less than zero,” the fact sheet says. The order itself was not available on the White House website when this article was published.
The new executive order comes on the heels of another directive, issued January 20, 2025, that put a freeze on all pending regulations until the new administration has time to review them.
With a backlog of 17 chemical incident investigations in the rearview mirror, the Chemical Safety and Hazard Investigation Board (CSB) released three safety-related deliverables — an animated video, a hazard alert, and a compilation of incident summaries. The agency also updated its reporting form.
Expect even more videos and summaries “soon.” That’s the word from CSB Chairperson Steve Owens last week, during the board’s quarterly business meeting. The board also noted that it is forging ahead with nine new investigations. It means we’ll see investigative reports down the line.
The CSB’s new 17-minute safety video, "Fire from the Storm," includes a riveting animation of the events leading to a fire and toxic gas release. The incident occurred when Hurricane Laura damaged a chemical storage facility in Louisiana.
Rainwater then reached the chemical storage. The chemical decomposed, producing toxic chlorine gas and a fire. A large plume of chlorine traveled over the community.
The CSB video calls on OSHA and EPA to amend regulations on Process Safety and Risk Management, respectively. Five key safety issues contributing to the incident are covered:
The latest video follows two others issued in October and July. It also aligns with an alert shared last July on hurricane preparedness.
Cold weather can crack or break pipes. It can also lead to ruptured or damaged process equipment and/or failing instruments. In December, CSB rang alarm bells over an uptick in chemical incidents during cold weather. The CSB alert listed over a dozen safety steps and links to guidance on cold weather operations.
Process safety management programs are regulated at 29 CFR 1910.119. Per the alert, these programs should consider how low temperatures may affect piping, equipment, and instruments. Equipment susceptible to ice or hydrate formation should also be identified and properly winterized.
Extreme weather dangers are a recurring theme for CSB. Last July, during hurricane season, Owens said, “When it comes to extreme weather, chemical companies should expect the unexpected and must always be prepared for the worst-case scenario.”
In a move toward transparency, CSB compiled summaries for 26 of the chemical incident reports it has received. These events summarized in Incident Reports Volume 1 resulted in five fatalities, 17 serious injuries, and about $697M in property damage in 15 states since April 2020.
For over two years the board has posted “overall” data about incidents reported under 40 CFR 1604. That’s the Reporting of Accidental Releases standard. CSB now calls this standard the “Accidental Release Reporting Rule (ARRR).”
For the record, CSB has received 460 reports in the last five years. The reports reveal 68 fatalities and 249 serious injuries/illnesses. Over 200 of these incidents involved property damage of $1M or more.
The overall data reports provide:
However, the latest Volume 1 also reveals:
Owens argued, “The American people have a right to know about the kinds of dangerous chemical incidents that happen across this country every week.”
It’s worth noting that CSB updated its Accidental Release Reporting Form and Instructions last June. The changes:
CSB continues to deliver videos, weather-related alerts, and data. The agency has also updated its reporting form and launched an initiative to reveal more incident details on a regular basis. Expect more from the board in 2025, along with any number of investigative reports.
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The Environmental Protection Agency (EPA) announced on March 12, 2025, that it’s taking 31 actions to advance President Trump’s Day One executive orders and the new “Powering the Great American Comeback” Initiative. The agency’s actions will likely impact environmental regulations across various industries.
Rules under review
EPA will reconsider an assortment of rulemakings, including:
The agency will also take other actions, such as:
About EPA’s new initiative
In February 2025, the agency announced the Powering the Great American Comeback Initiative, which outlines EPA’s priorities. The initiative consists of five pillars:
EPA’s 31 actions will primarily address the first three pillars.
Key to remember: EPA will reconsider major rulemakings that may impact a variety of industries.
Pesticide registrations just became simpler, more modern, and more transparent! EPA recently updated an app and made policy changes regarding how to submit two forms. All these changes result in a streamlined pesticide registration process.
On April 18, EPA made enhancements to its MyPest app, which sources say was initially launched in mid-January. EPA is proud to say that MyPest already boasts over 1,200 registrants. The new app allows registrants of pesticide products to:
Updates to MyPest include an enhanced dashboard page. The page offers information about the registrant’s cases and products. More updates are planned later this year.
On April 4, EPA announced in the Federal Register the issuance of Pesticide Registration (PR) Notice 2025-1. The notice itself is dated effective March 27, 2025. Its subject line reads, “Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35).”
The latest PR notice supersedes PR Notice 98-5, dated June 12, 1998. While the revisions were proposed last June, the agency only finalized them now. PR Notice 2025-1 explains the following:
The two forms — EPA Forms 8570-34 and 8570-35 — have not been modified. Only policies regarding the submission of the two forms have changed. The agency:
EPA contends that none of the information on Form 8570-35 is confidential. Put another way, none of the information on the Data Matrix is protected from public release. Therefore, the agency claims there is no reason to submit two versions of the form.
According to EPA, entities potentially affected by the policy changes include, but are not limited to:
Using electronic reporting for EPA Forms 8570-34 and 8570-35 brings efficient data transmittal, argues EPA. A bonus is that electronic reporting will also reduce errors. That’s because of automated validation tools in the portal. Submitters should experience lower costs and faster review and transmission of data, the agency adds.
In 2024, EPA received a total of 3,309 Data Matrices. Moving from two versions to just one for the Data Matrix form should save registrants and EPA time. Specifically, completing, submitting, and processing the Data Matrix should be quicker. EPA will also experience time savings when providing the public access to the information. Extra steps under the Freedom of Information Act would not be needed.
The MyPest app update is a step forward in efficiency and transparency, concludes EPA. The app enhancements are part of the agency’s overall move toward digital and streamlined processes. EPA projects that the app will improve the timeliness of pesticide registration decisions.
Recent actions streamline the pesticide registration process and make it more transparent. These actions relate to the MyPest app and EPA Forms 8570-34 and 8570-35.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s get started!
Ladders were the cause of over 22,000 workplace injuries and 161 deaths in 2020. Each March, the American Ladder Institute promotes ladder safety awareness with the goal of reducing ladder-related injuries and fatalities. Every Step Matters was the theme of this year’s National Ladder Safety Month.
Stand Up 4 Grain Safety Week kicked off on March 24. This annual event brings attention to preventable grain handling hazards and promotes safety in this high-hazard industry.
Federal agencies must review their regulations and report back to the White House by April 20. The priority is on “significant” rules, generally considered to be those with an annual effect on the economy of 100 million dollars or more. Once the regulations have been identified, the Office of Management and Budget and the Department of Government Efficiency will work with agency leaders to create a plan for rescinding or modifying the regulations and begin winding down their enforcement.
A highwall fatality at a surface mine prompted the Mine Safety and Health Administration to issue a safety alert. It outlines what miners should do to prevent similar incidents, including looking for hazards such as loose rocks and overhangs before beginning work.
The American Society of Safety Professionals revised its construction training standard. It outlines training requirements for new hires in construction and demolition operations, site procedures, regulatory compliance, and more.
And finally, turning to environmental news, EPA will reconsider a number of major rulemakings that may impact a variety of industries. This is in response to an executive order that federal agencies review their regulations. Among the rules under consideration include those related to clean power, oil and gas emission limits, greenhouse gas reporting, and risk management.
EPA’s Waste Emissions Charge on petroleum and natural gas facilities with high methane emissions is no longer in effect. The rule initially took effect in January and was then disapproved by Congress on March 14.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
OSHA requires employers to provide all workers with immediately available and sanitary restroom or toilet facilities. But does this include truckers and delivery drivers that stop at your facilities? The sanitation standards (1910.141, 1926.51, and 1928.110) are meant to protect all workers from adverse health effects from unsanitary toilets facilities, or the unavailability of facilities when needed.
Bipartisan legislation has recently been introduced in the House that would require businesses to provide restroom access to truckers who are loading or delivering cargo at their warehouses, manufacturers, distribution centers, retailers, and ports.
Supported by leading organizations in the trucking industry, the Trucker Bathroom Access Act (H.R. 9592) was introduced on Dec. 15, 2022. The bill requires retailers, warehouses, and other establishments with existing restrooms to provide access to drivers who are loading or delivering cargo. Additionally, operators of ports and marine terminals must provide access for drayage and parking while accessing such restrooms.
This amendment to Title 49 would exempt some employers from the bill including filling and service stations, and restaurants 800-square feet or smaller with restrooms intended for employee use only. The bill doesn’t require employers to construct new restrooms but to give truck drivers the same access as employees or customers.
Commercial truckers and delivery drivers are the lifeline of our supply chain of supplies, products, and consumables. Working tirelessly all hours, during holidays and weekends, and throughout the pandemic, they continue to deliver critical food and emergency supplies to companies everywhere. Employers have the privilege of demonstrating gratitude to truckers and delivery drivers with a positive work environment.
The benefits of allowing truckers and delivery drivers the convenience and safety of readily available, sanitary restroom facilities are plenty. They’re able to rest and reset when necessary, which keeps them and others safer on the roads. Equally important, restroom availability prevents drivers from having to search for available facilities elsewhere, allowing them to keep a timely delivery schedule, limit supply chain delays, and ultimately lower costs for employers and customers.
The proposed Trucker Bathroom Access Act will require retailers, warehouses, and other establishments with existing restrooms to provide access to truckers and delivery drivers who are loading or delivering cargo. Access to restrooms keeps them refreshed and ready to deliver essential supplies to companies across the country.
Are you storing and disposing of hazardous waste correctly or sitting on a disaster? Hazardous waste storage is not just a regulatory headache — it is a time bomb for the environment and your company’s bottom line. A disaster in East London, England, is an ongoing issue for nearby residents that highlights the importance of hazardous waste management and why employers must take it seriously.
Originally intended for construction waste disposal, the site eventually turned into a dumping ground for hazardous industrial materials. Investigations found plastics, asbestos, industrial chemicals, and carcinogenic substances illegally dumped, creating an environmental and public health hazard. These materials fuel fires, continuously releasing toxic smoke into the air. Residents have reported respiratory problems, skin irritation, and other health issues while authorities struggle to contain the situation. Even though this incident occurred in London, we can learn plenty of valuable lessons from it. Here’s how employers can take proactive measures to ensure compliance, protect workers, and prevent environmental harm.
A hazardous waste management plan should:
Train personnel on their roles and responsibilities when handling hazardous waste. Training should include:
The primary reason behind illegal waste dumping is financial. We all know it is not cheap to dispose of hazardous waste, but waste generators are responsible for their waste from “cradle to grave.”
One of the most effective ways to prevent hazardous waste incidents is to reduce reliance on them in the first place. By switching to safer alternatives, employers can lower their risk of exposure. Industries now offer eco-friendly coatings, adhesives, and cleaning agents that perform well without all the side effects. Safer alternatives also reduce compliance costs by lowering the burdens for hazardous waste disposal.
The disaster in London is a stark reminder of the consequences of negligent hazardous waste management. Businesses that cut corners on waste disposal risk legal penalties and contribute to long-term environmental and public health damage.
Keys to remember: Employers can protect their workforce, comply with regulations, and prevent environmental disasters by adopting proactive waste management strategies.
Employers are required to protect workers from harm, including workplace violence. To do so, they must pay close attention to signs that lead to violent incidents. Are you paying attention? What can you do to prevent workplace violence?
Like so many similar incidents, the Walmart store shooting on November 22, 2022, in Chesapeake, Virginia, serves as a great reminder that most violent attacks are preceded by warning signs such as threats or grievances. The Bureau of Labor Statistics (BLS) reports there were 392 workplace homicides in 2020 with another 37,060 non-fatal injuries at work from intentional harm by another person. Let’s take a look at some of the factors and indicators often involved with violent incidents.
To prevent workplace violence, employers must first evaluate if their industry or occupation is one that is more susceptible to violent incidents. The most common industries for workplace violence include:
Some factors at play in this susceptibility include lone or few workers, location, and stress of the job. Regardless of the industry, employers also must understand, and remain alert to, indicators or risk factors that could lead to workplace violence.
Although not every risk factor or indicator can be foreseen, many continue to resurface with each workplace attack. These include:
Preventing workplace violence requires employers to educate, investigate, and remediate. Employers need to educate themselves and their employees about varying personalities, backgrounds, and belief systems among workers. Employers also must teach employees methods to collaboratively handle conflict and stress, so anger and tensions don’t escalate. Encouraging diverse understanding, teamwork, and cooperation can also diffuse mounting tensions.
Employers must emphasize the need for immediate reporting of harassment, bullying, threats, and simmering grievances so action can be taken to circumvent violence. Fully investigating all reports, even seemingly “insignificant” incidents, is essential for determining the best methods of resolving workplace conflict. Employers should also be aware of their own responses to workplace differences and ensure they are demonstrating the behavior they expect from workers.
Resolving conflict and stress is likely to be an ongoing process. Workplace disagreements are unavoidable when imperfect humans with varying life experiences and opinions are intertwined. But that doesn’t mean conflict can’t be controlled.
Most violent workplace incidents are preceded by warning signs. Employers and employees must be focused on the warning signs so situations can be handled proactively and respectfully. Education regarding workplace violence and conflict management, as well as early reporting and investigation of tensions can help diffuse conflict and avoid violence.
The 150 air-mile exemptions, which are in the regulations at 395.1(e)(1) and (2), allow a driver to use a time record in place of a log, provided that certain conditions are met. While this is possibly the most widely used hours-of-service exemption, it may be the most commonly misused exemption, as well.
To be able to use this logging exemption in 395.1(e)(1), the driver must:
The company must retain the time record and have it available for inspection for six months.
Need more info? View our ezExplanation on the 150 air-mile exception. |
If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.
If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).
When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).
If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.
Here are some of the common myths and misunderstandings about the 150 air-mile exemption:
The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.
If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.
If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.
If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).
If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.
During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!
DOT refusal-to-test scenarios can be confusing. When the collection site calls, you must be prepared to answer one basic question. Does your carrier or the medical review officer (MRO) make the determination? How you answer this question impacts your next actions.
Use the following list of situations (as specified in 49 CFR Part 40) to know whether your designated employer representative (DER) must make the judgment call or leave it to the MRO.
The following situations require the decision maker to:
The DER makes the determination when:
Examples when the MRO acts as the decision maker include:
The driver fails to provide sufficient specimen, and the MRO finds no medical explanation.
Alcohol tests don’t involve a specimen and laboratory result, so an MRO is not involved in the process.
All but one refusal-to-test scenario places the burden on the DER to make the decision. The DER must evaluate the circumstances when:
If the driver fails to provide a sufficient breath specimen (shy lung), an evaluating physician makes the final decision whether there was a medical reason for an insufficient amount of breath. If not, it’s a refusal.
Another role involving refusals to test is reporting the violation to the Clearinghouse.
In the case of drug testing:
For alcohol testing, the motor carrier reports all refusals to test within three business days since there is no MRO involved. This includes the medical opinion when a shy lung episode has no medical explanation.
Key to remember: Several refusal-to-test situations require the DER to make a judgement call. The DER must know the criteria that qualifies each and report any instances to the Clearinghouse that they deem to be a violation.
Medically disqualified drivers on the road are like waiting for a bomb to explode. If one gets in a crash, lives and businesses are ruined. The litigation will potentially cost the carrier millions.
Three hot issues in the news are covered below. Get the facts to avoid medically disqualified drivers and the consequences.
On April 1, 2025, new versions of commercial driver medical cards and physical exam forms were posted by the Federal Motor Carrier Safety Administration (FMCSA) on its website.
The Medical Examination Report (MER) MCSA-5875, also called the "Long Form," and the Medical Examiner’s Certification (MCSA-5876), or the "Fed Med" card, were approved by the Office of Management and Budget on March 27, 2025. However, they were not available on the FMCSA website until April 1, 2025.
The changes include only the new expiration date of March 31, 2028, and a revision date of March 27, 2025. FMCSA expects medical examiners to start using the new forms as soon as possible, but they can still use their old forms with the 3/31/2025 expiration date until they run out.
The FMCSA voided over 15,000 unexpired Medical Examiner Certificates, issued by two certified medical examiners who are chiropractors in the Houston area, between March 2023 and March 2025. The 15,225 drivers impacted may still operate a commercial vehicle, but they must obtain a new certificate from a different medical examiner listed on the National Registry of Certified Medical Examiners (NRCME) by May 10, 2025.
Drivers who don’t obtain new certificates by May 10 will have their CDL downgraded, which means they won't be able to compliantly operate a commercial vehicle.
A third important update affects CDL drivers only. By June 23, 2025, all State Driver Licensing Agencies (SDLAs) must be connected to the NRCME. This system is where examiners enter medical certification information after each exam.
Each state will switch to the new process once their system can receive CDL driver medical certification information, which will appear on the motor vehicle record (MVR). A copy of a CDL driver’s MVR must still be in the driver’s qualification file after each exam.
What’s changing by June 23, 2025:
CDL drivers and carriers should check the SDLA websites for their transition dates and instructions on CDL driver medical certification. FMCSA's list of states that have transitioned are at the link below:
Keys to remember: Carriers and CDL drivers must understand how the medical certification changes will impact keeping medically qualified drivers on the road and to avoid unethical examiners.
Over the years, there has been constant confusion as to what the requirements are for non-CDL commercial motor vehicle (CMV) drivers. With the changes in the proof of medical qualifications regulations that CDL drivers are going through this summer, this is likely to get worse.
What is a non-CDL CMV
A non-CDL CMV is a vehicle that meets the definition of a CMV in 390.5, but not the definition of a vehicle requiring a CDL found in 383.5. This includes a vehicle that is used in interstate commerce and:
Roadside inspections
During a roadside inspection, non-CDL and CDL-required drivers are required to produce all of the same credentials and documentation. For a non-CDL CMV driver this includes:
The change
The change that might cause additional confusion is that as of June 23, 2025, medical examiners are no longer required to provide a CDL driver with a copy of the medical card after a medical exam is passed. The process of getting the current medical information onto the driver’s motor vehicle record (MVR) will be automated, making the physical card unnecessary.
The new process for CDL drivers will involve these steps:
With the driver being removed from the process, there is no need to provide the driver with a medical card.
This change, however, does NOT impact non-CDL CMV drivers. These drivers will still need to get a copy of the medical card from the medical examiner and carry it with them. This has always been required and should be business as usual for non-CDL CMV drivers.
Company (carrier) requirements
At the company level, full driver qualification files (DQ files) will still be required for both CDL and non-CDL drivers (391.51). The proof of medical qualification in the DQ file for a non-CDL driver will continue to be a copy of a current medical card, and for a CDL driver a copy of an MVR showing the driver is medically qualified. What is changing as of June 23, 2025, is:
Key to Remember: For non-CDL CMV drivers, there are no changes when it comes to proof of medical qualification. The proof of medical qualification for a non-CDL driver (on the road and in the DQ file) will continue to be a copy of a current medical card.
One question that comes up when reviewing roadside inspection reports is, “What is the meaning of the letters that follow a violation of 392.2 on a roadside inspection report?”
A violation of 392.2 is a violation of a local or state law, regulation, or ordinance. These must be obeyed due to 392.2, which reads, “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”
The confusion is that there are no paragraphs in 392.2, so there technically should be no letters following that section. However, to inform the driver, carrier, and the Federal Motor Carrier Safety Administration (FMCSA) what particular state or local law or regulation was involved, FMCSA has developed a system of suffix codes. The letters following “392.2” – the “suffix” — show which state or local law or regulation was involved.
When one of these codes is used, the officer should include a description of the specific violation in the “violation details” area on the actual inspection report. FYI: Summary roadside inspection reports (such as the ones visible in CSA’s SMS) do not show these details.
For more information, see our ezExplanation on Roadside Inspections. |
Not all of these state and local law or regulation violations are used by the FMCSA for scoring purposes. The Compliance, Safety, Accountability (CSA) Safety Measurement System (SMS) does not use the 392.2 violations that cannot be tied to crash causation. Here are a couple of examples: 392.2UCR Failure to pay UCR fee and 392.2W Size and weight are not used.
Below are the top 10392.2violations written during 2021. All of these violations are safety-related, and therefore used in the CSA SMS for scoring. The BASIC within the SMS the violation is scored in is shown following the violation description.
In general, FMCSA does not write traffic codes. They rely on local and state agencies to do that. When state or local traffic codes are violated, it appears on a roadside inspection report as a violation of 392.2, with a suffix indicating which traffic code was involved.
A “yard move” (YM) is an electronic logging device (ELD) special driving category, which carriers have the option to authorize. Putting an ELD in the YM status can give a yard or road driver added flexibility or another avenue for falsification.
To avoid violations and increased risk, ensure that your drivers, dispatchers, and safety personnel know the answers to these frequently asked questions (FAQs).
1. What falls under the definition of a “yard”?
The Federal Motor Carrier Safety Administration (FMCSA) does not officially define a yard. Still, it is generally accepted an area that is not open to public travel due to being restricted by signs or gates.
A carrier’s terminal, a customer’s facility, or a rail yard can be a yard if the area cannot be defined as a highway per 390.5. A driver may also cross a public road to reach another part of private property under yard-move time if traffic controls (i.e., flagger) for the public are in place.
Malls, truck stops, and parking lots the public can access, however, are all examples of places that cannot be a yard for ELD and on-duty (not driving) purposes.
2. Is a yard driver subject to federal regulations?
Commercial motor vehicles (CMVs) are federally regulated at 10,001 pounds or greater — rated or actual, alone or in combination with a trailer. State definitions of a CMV vary.
Suppose a yard truck met the definition of a CMV and operates in an area open to public travel in interstate commerce. In that case, the yard driver must be qualified under Part 391 and is subject to all other applicable federal regulations. If the yard truck and trailer meet the definition of a CDL vehicle in 383.5 as most do, the driver is also subject to drug and alcohol testing and CDL requirements.
Yard drivers might not be required by their carrier to use an ELD to create a log. They are stillsubject to the hours-of-service limits in 395.3 and the same rules for on-duty (not driving) time in a yard or on-duty driving (Line-3) on a public roadway.
A carrier may allow the use of a time record instead of an ELD to track a yard driver’s time under the 150 air-mile exception in 395.1(e). If the yard driver uses an ELD, the carrier can designate the driver as “Exempt” (exempt from grid logs only) in the ELD back-office system.
3. How is a yard move recorded on an ELD?
YM time is visible in the ELD grid as driving time with a dashed or dotted line. Before using YM time, the driver must select the “YM” special driving category and annotate the ELD record describing the reason for the activity.
According to federal hours-of-service rules, a driver cannot use “Line-3” or on-duty driving time after 14 consecutive hours from the start of on-duty time for the day. However, yard moves are recorded as “Line-4 time” or on-duty not (driving) time. Therefore, YM time doesn’t stop the 14-hour clock, but can be appropriately used beyond the 14-hour or other driving limits.
4. Does a yard move count toward the 30-minute break from eight total hours of on-duty driving?
Yes. Because a YM is on-duty (not driving), it counts toward the 30-consecutive minute break from on-duty driving required after eight total hours of on-duty driving. (see 395.3(a)(3))However, if a driver is involved in a fatigue-related crash, driving in a yard to satisfy a break from driving requirement will not look prudent to a jury.
5. What if a driver forgets to change the driving status, and the ELD remains in YM-status after they leave the yard?
The time will be incorrectly captured as Yard Move (on-duty yard time rather than on-duty driving time) and could be considered a false log. To address this, the driver should attach a comment to the log explaining the error as soon as safely possible.
The driver’s log must be manually edited to the correct driving time if the ELD system allows the off-yard time to be changed to on-duty driving time. Otherwise, an annotation must be made noting the correct on-duty (not driving) and on-duty driving time.
6. How are yard moves audited?
Verify the location at the time of the YM with the location description or the longitude and latitude data from the ELD or vehicle tracking device. If the driver was not in a yard at the time of the YM, the driver falsified the record.
A driver using a public road in YM status to get fuel or take the truck in for maintenance is considered falsification. If the driver was over the 11-hour driving limit, 14-consecutive on-duty period, or the 60- or 70-hour limit, they now have an out-of-service violation and a false log.
Carriers can define a geo-fence or virtual boundary of the yard if the system allows that feature to indicate a departure from the yard.
Keys to remember:
Carriers must train their team to understand when the Yard Move status or on-duty (not driving) can and can’t be used when operating a CMV. Audit yard moves to ensure this ELD special driving category, or duty status for drivers on time records, is not used to falsify logs.
Back in October 2018, Laffon had a medical emergency and needed some time off under the federal Family and Medical Leave Act (FMLA).
Her leave lasted until November 15. Ten days after she returned to work, on November 26, her employer terminated her.
She sued, arguing that the employer retaliated against her because of her FMLA leave.
The catch? She didn't bring the suit until almost three years later.
No link between leave and termination
In court, the employer argued that there was no causal link between Laffon taking FMLA leave and her termination. Although the court documents aren't robust, they do reveal that the employer indicated that Laffon's allegations didn't show that her taking FMLA leave was a factor in the decision to terminate her. The documents showed only that the termination chronologically followed her leave.
The court agreed with the employer. It also agreed that Laffon failed to allege a willful violation of the FMLA, which would allow her to benefit from the FMLA's three-year statute of limitations.
Laffon appealed the case to the Ninth Circuit.
Statute of limitations
Under the FMLA, employees have two years from the date of the last event constituting the alleged violation for which they can bring a claim.
Those two years are extended to three years if the employer's actions were "willful." This means that an employee must show that the employer either knew or showed reckless disregard for whether its conduct violated the FMLA.
Ruling overturned
Fast forward to August 2023, when the Ninth Circuit reversed the lower court's decision. It indicated that, based on Laffon's amended complaint and liberally construing the law, her allegations establish that her leave was causally connected to her termination and that the employer's action (her termination) was willful.
Glymph v. CT Corporation Systems, No. 22-35735, Ninth Circuit Court of Appeals, August 22, 2023.
Key to remember: Terminating an employee soon after returning from FMLA leave is risky, unless there is a clear, well-documented, non-leave-related reason. Case documents did not show such a clear reason, which can also increase the risk of a willful finding. Employees have time to file claims, even years.
Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 weeks of job-protected leave in a 12-month leave year period for qualifying reasons.
Employees become eligible to take FMLA leave when they:
Once employees meet these criteria and take leave for a particular reason, their eligibility remains intact for the duration of the 12-month leave year period. Employers should not recalculate an employee’s FMLA eligibility — particularly the 1,250 hours criterion — each time the employee takes intermittent or reduced schedule FMLA leave. The employee remains entitled to FMLA leave for that reason even if they fall below 1,250 hours at some point in the 12 months.
If, however, that employee asks for FMLA leave for another qualifying reason, the employer would recalculate the employee’s eligibility for that new FMLA requested reason.
Here are examples to show how this works:
Thus, it’s possible that an employee could remain eligible for leave for one FMLA-qualifying reason for which the employee met the 1,250-hour test (i.e., MS), but not be eligible for FMLA leave for a different FMLA-qualifying reason (i.e., car accident), due to the 1,250- hour test being re-calculated at the beginning of the second and separate reason for leave.
Key to remember: Employers may not recalculate employee eligibility to take FMLA leave during the 12-month leave year when leave is taken for a particular qualifying reason.
It may be a “shot in the dark,” but lawmakers re-introduced companion bills (in the House and Senate) to prompt OSHA to quickly issue an interim final rule in one year. The idea is to curb workplace violence in healthcare and social assistance (HCSA) work settings. If OSHA drags its feet on the one-year deadline, the provisions of the Workplace Violence Prevention for Health Care and Social Service Workers Act (or WVP Act) automatically take effect one year after enactment!
Remarkably, a similar bill passed the House in April 2021, so it has had traction in the past. However, that was in the 117th Congress. We’re now in the 119th Congress, so the bills start at square one. H.R. 2531 or S. 1232 must pass both the House and Senate before one of them can be signed into law.
Meanwhile, OSHA’s own WVP rulemaking effort has been in the works for almost a decade (since April 2016). It too is intended to cover HCSA work settings. Things heated up in 2023. That’s when the agency issued a draft outline of the regulatory text and completed a small business panel report.
At that point, the agency was free to issue a proposed rule. The Fall 2024 agenda indicates that the last administration hoped to issue the proposal in June 2025. The upcoming Spring 2025 agenda may reveal the agency’s new priorities.
Representative Joe Courtney (D-CT) commented, “Our legislation would put proven tactics into practice in hospitals and healthcare settings across the country to prevent violence before it happens. I’m grateful for the bipartisan coalition — backed by the support of the workers directly affected by this violence — who has worked tirelessly to move this legislation forward year after year.”
“We rely on our healthcare workers every day to protect our communities, and in turn, we need to protect them from senseless acts of violence,” argues Senator Tammy Baldwin (D-WI), “That’s why I am introducing legislation to give our healthcare professionals long-overdue basic protections, helping address our healthcare workforce shortage and keeping our frontline heroes safe.”
If either bill becomes law, it will direct OSHA to issue an interim final rule (not just a proposed rule) within one year. Prior to issuing the interim final rule, the agency would publish a notice with a 30-day comment period.
The interim rule must be based on “Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers,” a booklet published by OSHA in 2015. In addition, the rule would call for employers with certain HCSA settings to develop and implement a comprehensive workplace violence prevention plan (WVPP) within six months. While the rule would need to take effect no later than 30 days after issuance, delayed compliance dates are allowed to phase in engineering controls.
If OSHA fails to issue the interim rule on time, the provisions in the bill would take effect one year after enactment. OSHA would also be required to enforce those provisions. They would remain in place until the agency issues an interim final rule.
Within two years after the Act’s enactment, OSHA would also be obligated to publish a proposed WPV for HCSA rule. A permanent final rule would follow no later than 42 months after enactment of the Act. The permanent rule can be no less protective than any workplace violence standard adopted in California, Washington state, or any other state-plan state.
The two bills list covered facilities and exclusions. Mandated regulatory provisions of a permanent rule would include:
Right now, there’s no federal OSHA standard on workplace violence. Yet, OSHA can cite and has cited section 5(a)(1), the General Duty Clause, of the Occupational Safety and Health Act when the agency finds employers that expose workers to this recognized hazard. While the two bills and even the upcoming OSHA rulemaking focus on just HCSA settings, General Duty Clause citations can be used in ANY industry with work violence hazards.
Lawmakers re-introduced companion bills (H.R. 2531 and S. 1232) to require OSHA to issue an interim WPV final rule within one year. Just one of the bills must pass both the House and Senate before it can be signed into law. Meanwhile, all eyes will be on OSHA's upcoming Spring Agenda to see if the existing WPV rulemaking will be a priority during this administration.
While it’s tough for people to agree on anything lately, 572 HR professionals surveyed by J. J. Keller in February 2025 agreed that the recruiting and hiring process was one of the top three most challenging aspects of working in HR.
Navigating the intersection of federal, state, and local laws and discipline/terminations also stood out as major dilemmas.
Survey participants gave feedback on why this aspect of HR is so grueling, saying that:
“Finding smart, skilled employees with a good work ethic is difficult,” one respondent said.
“It’s hard to recruit when people always want a higher salary,” another respondent mentioned.
A majority of survey respondents said they weren’t planning to make changes to their remote work policy this year. The breakdown is as follows:
In response to the question, “Are you seeing differences by generation in attitudes about remote work at your workplace?” respondents said:
Recruiting is more than just attracting applicants. Part of successful recruiting is public relations. This includes promoting the company name on hiring platforms and social media. Name recognition and a positive public image are all a part of the process.
That’s why it’s important to keep job candidates informed of developments throughout the hiring process. Those who are interviewed, but never hear back one way or the other, are likely left with a bad impression of a company.
Applicants who have a bad experience often tell others, and before long, there could be a negative impression of the company in the community and beyond.
Steps employers can take for a smoother process include:
Key to remember: A recent J. J. Keller survey highlights challenges in the recruiting and hiring process. But it’s about more than just attracting applicants.
One of the most common questions involving the federal Family and Medical Leave Act (FMLA) that we see is: “Can ________ fill out the medical certification?”
This question stumps a lot of HR people and can be a little confusing.
It might be easier to start with who CAN’T fill out an FMLA certification. That includes your coworker, best friend, neighbor, or pet.
Jokes aside, often (but not always) a doctor fills out the FMLA certification, and since March 30 is “Doctors’ Day,” this is a great time to discuss this topic.
Employers aren’t required to use certifications, but if they do, the U.S. Department of Labor (DOL) has five different certification forms to use for various FMLA leave situations.
The forms are as follows:
Let’s focus on the first two, as these are the most common ones HR administrators use.
The FMLA regulations describe the person who has the authority to fill out a certification as a “health care provider.” The good news is, the regulations include a lengthy list of medical professionals who fit this role.
Under the FMLA, a health care provider includes:
To be qualified to fill out FMLA forms, medical professionals must be authorized to practice in the state and perform within the scope of their practice. This means that the provider must be authorized to diagnose and treat physical or mental health conditions.
If an employee or an employee's family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the employer must accept a medical certification from a health care provider who practices in that country. This includes second and third opinions.
If a medical certification from a foreign health care provider is not in English, the employee may be required to provide a written translation of the certification.
Key to remember: The FMLA regulations spell out which medical professionals can fill out certification forms.
Employers sometimes get tripped up on how to calculate the 1,250 hours worked eligibility criterion when employees need leave under the Family and Medical Leave Act (FMLA).
Does working overtime count toward the 1,250?
Recently, someone asked if overtime hours counted toward the 1,250 hours worked requirement (it does).
All hours actually worked apply to the 1,250, whether overtime or regular time, even if the overtime is not mandatory.
The 1,250 hours is calculated in relation to when the leave will begin, not when the employee puts an employer on notice of the need for leave.
Whether an employee is allowed to work overtime, however, is generally up to company policy. As far as pay goes, remember, if the employee is nonexempt (“hourly”) and works any overtime (mandatory or voluntary) the employee must be paid time and one-half for all hours worked over 40 within the workweek.
More about FMLA leave requirements
To be eligible to take FMLA leave, employees must:
Whether an employee has worked the minimum 1,250 hours is calculated based on determining compensable hours or work under the Fair Labor Standards Act (FLSA).
Calculating the 1,250 hours worked
When it comes to figuring out if an employee has worked at least 1,250 hours, it can get tricky. As was mentioned above, all hours worked, regular and overtime, must be counted.
Hours not worked should not be counted. The “not worked hours” include such time off as vacation time, sick leave, paid or unpaid holidays, or any other time in which an employee isn’t actually working — which can include disability, bereavement, FMLA and other forms of leave.
Once an employee meets the three eligibility criteria, including the 1,250 hours worked, for a particular leave reason, the employee remains eligible for the duration of the 12-month leave year period.
If the employee needs leave for another, different reason, eligibility would be recalculated.
Key to remember: All hours worked must be included in the 1,250 hours criterion when determining whether an employee is eligible for FMLA leave. Hours that aren’t worked (like vacation) are not included.
Workers’ Memorial Day, observed on April 28th, serves as a touching reminder of the lives lost due to workplace injuries and illnesses. This day highlights the critical need for robust safety measures, bringing to light the distressing statistics of thousands of workers who die each year.
These losses are not just numbers; they represent real people with families, dreams, and futures cut short, calling for a renewed commitment to improving safety practices across all workplaces.
In 2023, there were 5,283 fatal injuries in US workplaces. It is important for employers to ensure the safety of their workers and for workers to take responsibility for their own safety and that of their coworkers. Here are some practical steps to enhance workplace safety:
1. Conduct regular safety training
One of the most effective ways to improve workplace safety is through regular safety training. Educating employees about workplace hazards, proper procedures, and emergency actions is crucial. Ensure training sessions are engaging and interactive, allowing workers to ask questions and participate in discussions. Consider incorporating real-life scenarios, hands-on practice, emergency drills, and the use of props to make the training more impactful.
2. Encourage reporting of hazard and incidents
Create an open environment where workers feel comfortable reporting safety concerns. Encourage employees to speak up about potential hazards, incidents, or even near misses, without fear of retaliation. Implement anonymous reporting systems to support this. Be sure to consistently and regularly review and address reported hazards to demonstrate that safety concerns are taken seriously and acted upon promptly.
3. Effectively control hazards
Before resorting to personal protective equipment (PPE), it's crucial to control hazards using the hierarchy of controls. This systematic approach prioritizes hazard control methods based on their effectiveness:
4. Use PPE correctly
Make sure PPE is readily available, well-maintained, and suited to the specific risks of the job. It should fit workers properly to avoid entanglement in equipment or machinery and encourage its use. Regular inspections and training on the correct use of PPE can prevent many injuries. It's also important to foster a culture where wearing PPE is seen as standard practice rather than an inconvenience.
5. Build a Strong Safety Culture
A strong safety culture is the backbone of effective workplace safety. It involves the collective commitment of both employees and management to prioritize safety in every aspect of operations.
Key to remember: Workers’ Memorial Day is a solemn reminder of the importance of workplace safety. By conducting regular safety training, encouraging hazard reporting, controlling hazards and building a strong safety culture, organizations can work towards a safer future.
Hearing conservation is all about keeping your ears safe at work, especially in industries or jobs where there's a lot of noise.... or is it sound? Preventing hearing loss before it starts and preserving the hearing you have requires understanding the difference between noise and sound.
Simply put, sound is what we hear while noise is unwanted, unpleasant, or harmful sound. Prolonged exposure to noise, particularly at high decibel levels, can lead to hearing loss which can be permanent and debilitating. Industries that are especially susceptible to harmful noise include construction, manufacturing, forestry, transportation, and entertainment.
Workers who are exposed to noise at or above determined limits are at risk of developing significant and permanent hearing loss over their work life if they are not adequately protected. OSHA’s occupational noise standard, 1910.95, has established two levels of exposure, averaged over an 8-hour time period, at which employers must take steps to protect workers.
Here is a quick tip! If you need to raise your voice to speak to someone only 3 feet away, it’s likely the noise level is over OSHA’s action level of 85 decibels.
Noise is considered hazardous based on how loud the sound is, how long it lasts, and how often the exposure is. For hearing conservation, noise monitoring factors in these measurements:
For proper hearing protection, employers must account for several different noise types including:
By understanding the parameters of sound, including its intensity, frequency, and the three types - intermittent, continuous, and impulse - we can better manage noise exposure and protect our hearing.
Keys to remember: Sound is what we hear; noise is harmful or unpleasant sounds. Understanding sound types, intensities, and frequencies helps protect and preserve hearing now and into the future.
Despite a common misconception, OSHA doesn’t regulate employees working alone, at least in most cases. However, lone workers should understand any risks or hazards and place their own safety above any other concerns.
A few OSHA regulations address working alone, such as interior structural firefighting or working in permit required confined spaces. However, working alone is unavoidable for some jobs, like a night security guard. OSHA encourages employers to develop emergency procedures and provide communication options (like cell phones) for employees working alone.
To determine if someone could safely work alone in a specific situation, the first step is to evaluate why that concern arose. Questions to consider might include:
Keep in mind that unless security cameras are continually monitored, they do not provide any protection for lone workers. If an incident occurs, video recordings might help determine what happened, but cameras cannot prevent an incident from occurring.
For related information, see our article One is the loneliest number: Five steps to lone worker safety.
When a job requires working alone, the employer will presumably select a responsible and trustworthy employee. The employer should train that person to recognize hazards, use caution, and avoid any tasks that create an unacceptable level of risk. Lone workers must understand that they are responsible for their own safety and should carefully consider the potential consequences of any actions. If they have to stop and think about whether they can perform a specific task safely, then skipping that task may be best.
Supervisors should be wary of reprimanding lone workers for “not doing the job.” If tasks were not completed because lone workers felt uncomfortable, they should be praised for prioritizing their safety and refusing to put themselves at risk. Supervisors should not inadvertently encourage them to take risks. Instead, ask the employee to explain why they could not complete the task and try to think of alternative procedures that might get the job done with lower risk.
Establishing a check-in procedure could also be an option. Determine how the worker should check in, with whom, and how frequently. That could mean calling a manager before starting a particular task and again upon completion. In addition, decide on a response if the employee misses a call. Will the manager visit the site to check on the worker? For related information, see our article Lone Workers: A recommended policy.
Employers must balance the potential risks to someone working alone against the costs of scheduling a second worker. Options may range from having someone on call to simply delaying specific projects until additional workers are on duty.
Key to remember: OSHA does not prohibit employees from working alone, but employers should carefully evaluate the hazards and ensure that lone workers do not take unnecessary risks.
One misstep on a ladder. A moment’s distraction on a roof. That’s all it takes. Fall hazards are everywhere on construction sites. The good news? Many of these incidents can be prevented with proper pre-job planning, training, and the consistent use of fall protection systems.
Falls happen quickly and without warning, especially in the fast-paced and often unpredictable environment of a construction site. Pre-job planning creates the framework for identifying potential hazards and implementing strategies to eliminate or control them before work begins.
It also ensures that everyone — from seasoned crew members to new hires — understands how to protect themselves and their coworkers.
The Occupational Safety and Health Administration (OSHA) mandates that all workers exposed to fall hazards receive training. This training must be conducted before any exposure and must be led by a competent person — someone capable of identifying hazards and authorized to take corrective action.
The training must cover:
Additionally, employers are required to maintain a written certification record that includes:
Retraining is necessary whenever there’s reason to believe a worker lacks the required knowledge or skills. Annual refresher training is encouraged as a best practice.
Before you and your workers ever step foot on a construction jobsite, you need to think strategically about the work environment and how you’re going to keep your employees safe.
Once you have determined that your workers will likely be exposed to fall hazards on your next jobsite, you need to develop your plans for fall prevention.
OSHA allows employers to choose from a variety of fall protection systems, including:
If workers are responsible for installing or maintaining any of these systems, they must be trained in the correct procedures, including:
You should also try to think outside the box and determine if there are other safety alternatives that would better protect workers from fall hazards.
For example, get in the habit of asking yourself: “Which would be the safest way for my workers to reach/access/work from this area?”
Perhaps it means using a ladder. Or an aerial lift. Or a scissor lift. Or maybe it involves installing a temporary guardrail on the roof, walkway, or work platform.
To effectively reduce the risk of falls, your pre-job safety meetings and ongoing training sessions remind workers how to identify fall hazards. Every jobsite is different, and hazards can change daily. Workers must be trained to spot common fall risks, such as:
Remind workers to:
Construction environments are dynamic. Encourage workers to perform ongoing hazard assessments as conditions evolve.
Preventing falls isn’t just about checking boxes for compliance. It’s about creating a culture where safety is ingrained in every task, every day. By taking fall protection seriously during pre-job planning, employers show their commitment to protecting workers’ lives.
From mandatory training to consistent equipment checks, every precaution counts. With proactive planning and education, construction teams can work confidently at heights, knowing they’ve done everything possible to stay safe.
Key to remember: With thoughtful pre-job planning, comprehensive training, and a commitment to safety, we can reduce fall injuries and fatalities on construction sites.
The U.S. Bureau of Labor statistics reported in July 2024 that there are 8.2 million job openings in the U.S., but only 7.2 million unemployed workers.
With that in mind, employers might choose to hang onto employees even if they’re under performing. But what about when complaints are rolling in from different angles? Take, for example, a lackluster supervisor who’s annoying employees and disappointing customers.
An employer could be hesitant to let the supervisor go, especially if there’s no documentation backing up claims of misconduct. The employer must weigh their options to decide if putting the supervisor on a performance improvement plan (PIP) or moving right to termination is the ideal choice.
At-will employment
For starters, in most states employers may terminate an employee at-will, meaning they can fire employees for pretty much any reason as long as it doesn’t discriminate against someone in a protected class based on sex, age, race, religion, etc. Employers also cannot terminate in retaliation for an employee making a claim of harassment, discrimination, or safety concerns.
Aside from these limits, employers can terminate employees for good cause, bad cause, or no cause at all.
PIP or terminate
Deciding whether to put an employee on a PIP or terminate must be decided on a case-by-case basis.
A PIP is usually for job performance issues (hence, performance improvement plan). This could mean anything from not making enough sales to being inept at the job’s essential functions. If job performance doesn’t improve under the PIP, termination may be the end result depending on company policies and practices.
Even if an employee has job performance issues, the employer can terminate without going through the PIP process first, unless the usual process is to implement a PIP with employees who have had similar problems. In that case, not doing a PIP could be seen as discrimination against an employee, especially if the person falls into a protected class.
Workplace misconduct, however, is another situation altogether. This could be anything from a one-off poor joke to pervasive harassment. Snapping at customers or coworkers (or worse), for example, is a conduct issue. An employer could issue a warning or move right to termination if the behavior is clearly illegal or a serious threat to workplace safety.
Read more: ezExplanation on discharging employees |
Termination tips
If an employer decides to terminate, they should treat the employee as respectfully as possible during the termination process. Also, an employer should carefully and clearly communicate the job-related reasons for the termination to avoid any hint of discrimination. Lastly, an employer should document the reasons and reiterate the steps taken leading up to the termination and keep those records handy in case the employee files a wrongful termination lawsuit.
Key to remember: Employers sometimes struggle when making termination decisions. Having a process in place and documenting steps along the way can help if a case lands in court.
On April 17, OSHA released 2024 injury and illness data collected via its Improve Tracking of Workplace Injuries and Illnesses regulation. The data include information from more than 370,000 establishments that submitted Form 300A, as well as partial data from more than 732,000 Form 300 and Form 301 records.
OSHA provides public access to this data in an effort to identify unsafe conditions and workplace hazards that may lead to occupational injuries and illnesses. The data may help employers:
Summary data and detailed information about the collection process can be found at osha.gov.