
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).
In today's rapidly evolving energy landscape, businesses are turning to back-up emergency generators to keep operations running smoothly. Several key factors are driving this growing trend:
Climate change has led to more intense weather like hurricanes, wildfires, and heatwaves. These events put pressure on power grids, causing outages that disrupt business operations. Generators help by providing backup power during unexpected failures.
Artificial intelligence (AI) and data centers need a lot of electricity. As these technologies grow, power grids struggle to keep up. Companies use generators to prevent power shortages and keep essential systems running.
Aging infrastructure and unsteady energy supply from renewable sources can make electrical supply unstable. Industries like manufacturing, healthcare, and finance need steady power to avoid costly interruptions. Generators act as a safety net when the grid fails.
Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.
Air permits
• State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.
• In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.
• Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: NSR Permits.
(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)
• Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.
• The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.
• Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.
• After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits
EPA emission standards
The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.
These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.
Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:
• Aboveground Storage Tank (AST) Requirements
• Spill Prevention Control and Countermeasure (SPCC) Plans
• EPCRA Tier II Reporting
Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.
Several questions we receive from our customers use the terms “hazardous waste” and “hazardous materials” interchangeably. At a recent event, a few attendees admitted that they didn’t think there was a difference between the two. This is a common point of confusion and we want to ensure that our readers know the difference. Let’s dive into it!
The term hazardous material is defined by the Department of Transportation and refers to any substance or material that poses an unreasonable risk to health, safety, and property during transportation. Hazardous materials include hazardous substances, hazardous wastes, marine pollutants, and elevated-temperature materials. Essentially, if it’s dangerous and transported, it’s considered a hazardous material.
On the other hand, hazardous waste is defined by the Environmental Protection Agency. It refers to contaminated chemicals or by-products that no longer serve their purpose and need to be disposed of. Hazardous wastes are either listed or exhibit characteristics like ignitability, corrosivity, toxicity, or reactivity. It’s essentially waste that poses a danger to health or the environment and requires special handling and disposal.
To put it simply, hazardous material is a broad term that includes various dangerous substances during transportation, while hazardous waste specifically refers to dangerous by-products that need disposal. Understanding these terms is crucial for compliance with environmental and safety regulations.
If you ever find yourself unsure, remember that hazardous materials are about transportation risks, and hazardous wastes are about disposal risks.
The Environmental Protection Agency (EPA) issued an interim final rule that further delays the submission period for the one-time reporting requirement for manufacturers of per- and polyfluoroalkyl substances (PFAS). It pushes the starting submission period to April 2026.
Under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), EPA requires any business that manufactured (including imported) any PFAS or PFAS-containing article between 2011 and 2022 to submit the report.
What’s the new timeline?
The Section 8(a)(7) PFAS report’s opening submission period was moved from July 11, 2025, to April 13, 2026. Most manufacturers have six months to submit the report. Small manufacturers reporting only as importers of PFAS-containing articles have one year.
TSCA Section 8(a)(7) PFAS report submission period | |
---|---|
Most manufacturers | April 13, 2026–October 13, 2026 |
Small manufacturers reporting solely as PFAS article importers | April 13, 2026–April 13, 2027 |
About the report
Manufacturers (including importers) covered by the TSCA Section 8(a)(7) PFAS reporting rule (40 CFR Part 705) must provide information about:
It’s the second time EPA has postponed the reporting period. In September 2024, the agency moved the beginning submission period from November 2024 to July 2025. This latest interim rule pushes the starting period from July 2025 to April 2026.
Why the delay?
EPA needs more time to prepare the online reporting tool on the Central Data Exchange that businesses will use to submit the data. The agency will conduct tests to ensure that the application can accept submissions and that reporters don’t encounter technical issues.
Key to remember: EPA further delayed TSCA Section 8(a)(7) PFAS reporting. The submission period now begins on April 13, 2026.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what’s happened over the last month!
On April 17, OSHA released 2024 injury and illness data. This includes 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 the data in an effort to identify unsafe conditions and workplace hazards that may lead to occupational injuries and illnesses.
This year’s National Stand-Down to Prevent Struck-by Incidents took place the week of April 21. Struck-by incidents are the second leading cause of death among construction workers and the leading cause of nonfatal injuries in the construction industry. The stand-down emphasized the importance of training and prevention on worksites.
A safety alert from the Mine Safety and Health Administration urges the mining community to implement effective safety and health programs, with a focus on identifying and eliminating health and safety hazards. The alert was issued due to a high number of mining fatalities in the first quarter of 2025.
The Mine Safety and Health Administration temporarily paused its silica enforcement for coal mine operators until August 18, four months from its original compliance date of April 14. Under the agency’s silica rule, mine operators must update their respiratory protection programs. This may require them to obtain additional respirators and sampling devices. The agency says this four-month pause provides time for operators to come into compliance.
And finally, turning to environmental news, EPA updated the process for making data corrections to hazardous waste manifests. Waste handlers must correct errors on the manifest within 30 days of a request from EPA or a state agency. They also must submit corrections electronically.
And finally, EPA streamlined its pesticide registration process. The agency updated its MyPest app and made policy changes regarding how to submit two of its registration forms.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
You’ve likely never thought of “staying in touch” as a legal obligation, but that’s exactly what it is for facilities that generate small quantities of hazardous waste. The Environmental Protection Agency (EPA) mandates that small quantity generators (SQGs) give updates on their hazardous waste activities every four years. The next re-notification is right around the corner; it’s due by September 1, 2025.
Here's what SQGs need to know to stay in touch — and in compliance — with EPA.
The Resource Conservation and Recovery Act (RCRA) enables EPA to control hazardous waste from generation to disposal. The agency keeps tabs on SQGs through the re-notification regulation at 40 CFR 262.18(d). It requires SQGs to re-notify EPA or the state environmental agency of their generator status and activities every four years by submitting the:
Regulated SQGs must submit the Site ID Form. EPA and many states use the myRCRAid module on RCRA Information (RCRAInfo) for re-notifications.
Here’s how to submit the Site ID Form on myRCRAid:
Once you submit the Site ID Form, its status on myRCRAid will display “Pending.” EPA or the state regulator will approve or reject the re-notification submission.
Consider these tips when preparing your SQG re-notification:
Submitting the SQG re-notification properly keeps EPA updated and your facility compliant.
Key to remember: Small quantity generators of hazardous waste must re-notify EPA or the state agency by September 1, 2025.
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. According to PR Notice 2025-1:
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 corporate social responsibility (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 auditreadiness 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 through shared responsibility.
In 2025, companies are under increasing pressure from stakeholders to report measurable progress on environmental, social, and governance (ESG) 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 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 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 the 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 the incident. 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 near 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:
Have questions about chemical safety or emergency planning? Pose them to our J. J. Keller® experts! Visit our Expert Help page today! |
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 April 13, 2026. 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.
The TSCA Section 8(a)(7) report submission period runs from April 13, 2026, to October 13, 2026, for most manufacturers. Small manufacturers who solely imported PFAS-containing articles have a longer submission period, from April 13, 2026, to April 13, 2027.
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 April 13, 2026. 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.
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You’ve likely never thought of “staying in touch” as a legal obligation, but that’s exactly what it is for facilities that generate small quantities of hazardous waste. The Environmental Protection Agency (EPA) mandates that small quantity generators (SQGs) give updates on their hazardous waste activities every four years. The next re-notification is right around the corner; it’s due by September 1, 2025.
Here's what SQGs need to know to stay in touch — and in compliance — with EPA.
The Resource Conservation and Recovery Act (RCRA) enables EPA to control hazardous waste from generation to disposal. The agency keeps tabs on SQGs through the re-notification regulation at 40 CFR 262.18(d). It requires SQGs to re-notify EPA or the state environmental agency of their generator status and activities every four years by submitting the:
Regulated SQGs must submit the Site ID Form. EPA and many states use the myRCRAid module on RCRA Information (RCRAInfo) for re-notifications.
Here’s how to submit the Site ID Form on myRCRAid:
Once you submit the Site ID Form, its status on myRCRAid will display “Pending.” EPA or the state regulator will approve or reject the re-notification submission.
Consider these tips when preparing your SQG re-notification:
Submitting the SQG re-notification properly keeps EPA updated and your facility compliant.
Key to remember: Small quantity generators of hazardous waste must re-notify EPA or the state agency by September 1, 2025.
In today's rapidly evolving energy landscape, businesses are turning to back-up emergency generators to keep operations running smoothly. Several key factors are driving this growing trend:
Climate change has led to more intense weather like hurricanes, wildfires, and heatwaves. These events put pressure on power grids, causing outages that disrupt business operations. Generators help by providing backup power during unexpected failures.
Artificial intelligence (AI) and data centers need a lot of electricity. As these technologies grow, power grids struggle to keep up. Companies use generators to prevent power shortages and keep essential systems running.
Aging infrastructure and unsteady energy supply from renewable sources can make electrical supply unstable. Industries like manufacturing, healthcare, and finance need steady power to avoid costly interruptions. Generators act as a safety net when the grid fails.
Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.
Air permits
• State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.
• In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.
• Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: NSR Permits.
(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)
• Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.
• The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.
• Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.
• After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits
EPA emission standards
The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.
These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.
Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:
• Aboveground Storage Tank (AST) Requirements
• Spill Prevention Control and Countermeasure (SPCC) Plans
• EPCRA Tier II Reporting
Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.
Effective date: February 24, 2025
This applies to: Agricultural use notices of intent (NOIs), soil fumigation NOIs, and restricted material NOIs
Description of change: The rule requires all agricultural use notices of intent (NOIs) must be submitted electronically on CalAgPermits.org unless granted an exemption. It also requires that NOIs for soil fumigation and restricted materials that require a permit to produce an agricultural commodity be electronically submitted on the same website. Finally, the rule requires the Department of Pesticide Regulation to publicize and provide status updates on NOI information it receives.
Several questions we receive from our customers use the terms “hazardous waste” and “hazardous materials” interchangeably. At a recent event, a few attendees admitted that they didn’t think there was a difference between the two. This is a common point of confusion and we want to ensure that our readers know the difference. Let’s dive into it!
The term hazardous material is defined by the Department of Transportation and refers to any substance or material that poses an unreasonable risk to health, safety, and property during transportation. Hazardous materials include hazardous substances, hazardous wastes, marine pollutants, and elevated-temperature materials. Essentially, if it’s dangerous and transported, it’s considered a hazardous material.
On the other hand, hazardous waste is defined by the Environmental Protection Agency. It refers to contaminated chemicals or by-products that no longer serve their purpose and need to be disposed of. Hazardous wastes are either listed or exhibit characteristics like ignitability, corrosivity, toxicity, or reactivity. It’s essentially waste that poses a danger to health or the environment and requires special handling and disposal.
To put it simply, hazardous material is a broad term that includes various dangerous substances during transportation, while hazardous waste specifically refers to dangerous by-products that need disposal. Understanding these terms is crucial for compliance with environmental and safety regulations.
If you ever find yourself unsure, remember that hazardous materials are about transportation risks, and hazardous wastes are about disposal risks.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what’s happened over the last month!
On April 17, OSHA released 2024 injury and illness data. This includes 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 the data in an effort to identify unsafe conditions and workplace hazards that may lead to occupational injuries and illnesses.
This year’s National Stand-Down to Prevent Struck-by Incidents took place the week of April 21. Struck-by incidents are the second leading cause of death among construction workers and the leading cause of nonfatal injuries in the construction industry. The stand-down emphasized the importance of training and prevention on worksites.
A safety alert from the Mine Safety and Health Administration urges the mining community to implement effective safety and health programs, with a focus on identifying and eliminating health and safety hazards. The alert was issued due to a high number of mining fatalities in the first quarter of 2025.
The Mine Safety and Health Administration temporarily paused its silica enforcement for coal mine operators until August 18, four months from its original compliance date of April 14. Under the agency’s silica rule, mine operators must update their respiratory protection programs. This may require them to obtain additional respirators and sampling devices. The agency says this four-month pause provides time for operators to come into compliance.
And finally, turning to environmental news, EPA updated the process for making data corrections to hazardous waste manifests. Waste handlers must correct errors on the manifest within 30 days of a request from EPA or a state agency. They also must submit corrections electronically.
And finally, EPA streamlined its pesticide registration process. The agency updated its MyPest app and made policy changes regarding how to submit two of its registration forms.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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.
OSHA standards have been the talk of the town lately, so what’s new with the Infectious Disease standards? Read on as we break down the activity.
As is common with most changing of the guards, the incoming presidential administration has signed an Executive Order putting temporary brakes on all regulations including any rules currently approved but not yet published to the Federal Register. This pause allows the new administration some time to review proposals and plans, which currently includes infectious diseases.
On January 14, 2025, the Office of Management and Budget (OMB) withdrew the Infectious Diseases proposed rulemaking from the review schedule. OSHA’s hope was that the OMB would approve the proposal in time for a January 2025 publish to the Federal Register. With the withdrawal of the rulemaking from OMB review, the future of the Infectious Disease proposed rulemaking is unclear.
Additionally, OSHA announced on January 15, 2025, the withdrawal of the non-recordkeeping portions of the Healthcare Emergency Temporary Standard (ETS). However, OSHA has declared that the recordkeeping and reporting requirements, which were adopted under a separate provision of the OSH Act, would remain in effect.
This means that OSHA will not cite employers for COVID-19 recordkeeping violations under its Healthcare ETS. These regulations are specific to healthcare settings and although they remain in effect, OSHA will not enforce them until further notice.
OSHA's COVID-19 National Emphasis Program (NEP) was also discontinued, effective January 16, 2025. The nationwide enforcement cancellation was based on updated public health guidance from the Centers for Disease Control and Prevention and the World Health Organization indicating that the COVID-19 global health emergency has ended.
These changes don’t mean there are no longer any infectious disease or COVID-19 hazards, especially for healthcare workers. Employers must still protect workers from hazards and exposures, and OSHA will continue to enforce related regulations like respiratory protection (1910.134), personal protective equipment (PPE) (Subpart I) and the general duty clause.
Key to remember: Despite the cancellation or pause of some infectious disease standards, employers must still protect workers from infectious diseases under other regulations like respiratory protection, PPE, and the general duty clause.
Within a month, commercial driver’s license (CDL) and commercial learner's permit (CLP) holders won't have to submit each medical certificate to their state driver licensing agency (SDLA). By June 23, 2025, all SDLAs will get automatic updates from the National Registry of Certified Medical Examiners (NRCME).
1. What should CDL/CLP drivers and employers do to get ready for these changes?
The FMCSA link below displays the states that have transitioned so far:
2. What should be done after the transition date or by June 23,2025?
3. Will clinics automatically issue medical cards to CDL/CLP drivers? What if they don’t?
On and after June 23,2025, examiners don’t have to issue CDL/CLP drivers’ medical cards unless they ask for one. It is not known if every clinic will issue medical certificates.
There is a potential 2 to 4-day gap for the information to show on the MVR.
Given the potential gap in proof of medical certification, two best practices to consider:
4. How long will carriers have to place an updated MVR in the DQ file?
Currently, carriers have 15 days after each exam to place a CDL MVR in the DQ file. On and after June 23rd, this time may be shorter if FMCSA changes the rule. By June 23, 2025, the MVR should reflect the current information in 2-4 days after the exam.
5. Why are procedures changing?
FMCSA published a rulemaking in 2015 that requires SDLAs to connect to NRCME, but the initiative was delayed more than once. The connection simplifies the CDL medical certification documentation process and accounts for every medical examination, even disqualifications.
6. Does this rule impact non-CDL drivers?
No. Drivers who hold non-CDL licenses will still receive a medical certificate which should not be submitted to their SDLA.
Key to remember: Carriers and drivers must understand their responsibilities in this critical transition to avoid CDL driver medical qualification issues.
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!
Using advanced driver assistance systems (ADAS) on commercial motor vehicles (CMVs) can reduce crashes, violations, and costs. Neglecting ADAS training and maintenance, however, can lead to system misuse and malfunctions. In the event of an accident, the use of ADAS can be a double-edged sword.
Here’s why it is crucial for motor carriers to invest in comprehensive ADAS training and maintenance:
ADAS technologies like lane departure warnings (LDW), automated cruise control (ACC), and automatic emergency braking (AEB) are expensive but designed to prevent accidents and make collisions less severe. If drivers aren't trained or the systems aren't maintained, it can lead to negligence claims after a crash. To get the most out of ADAS, drivers and technicians need to be trained to avoid misuse and legal issues.
Conducting regular maintenance checks and requiring drivers to report system defects for immediate repair ensure ADAS works when needed.
A horrific example of when this didn't occur was in 2020. A crash on the Pennsylvania Turnpike involved a motorcoach and two package carriers. There were five deaths and 60 injuries. The motorcoach was speeding and overturned in the roadway ahead of the package carrier vehicles. One package carrier vehicle’s AEB system wasn't working, which could have slowed the vehicle sooner. The National Transportation Safety Board (NTSB) findings stated that drivers should report defects in collision avoidance systems to trigger timely repairs.
ADAS technologies are only as good as the drivers operating the equipped vehicles. Having properly trained drivers is a top concern of fleet safety professionals.
The J. J. Keller Customer and Market Insights 2025 State of Fleet Management survey found that 58 percent of respondents chose “How to safely and correctly operate their specific vehicle types” as the most important item in the Driver Knowledge and Skill category. Additionally, under the New Vehicle Technology category in the same survey, the top concern was “Drivers accepting and properly using new vehicle technology” with 43 percent of respondents making that selection.
Proper ADAS training ensures that drivers understand:
In April, Nationwide Insurance’s Driving Behaviors 2025 study found that 7 in 10 drivers fear, injury, death, or lawsuits while driving a CMV. Proper training upon assignment to an ADAS-equipped vehicle can significantly reduce driver anxiety and the likelihood of accidents, protecting both the drivers and the public.
ADAS can enhance fuel efficiency and safety. The use of ACC maintains optimal speeds and safe following distances, and achieves better fuel economy. When drivers are trained to use these features effectively, motor carriers can see a noticeable improvement in fuel efficiency and overall fleet risk performance.
Keys to remember: Training drivers and technicians on ADAS is not just necessary but strategically important for motor carriers. Documented training enhances safety, maximizes efficiency, builds driver confidence, and reduces liability risks.
A question we’ve been seeing a lot lately has to do with the split specimen process and the motor carrier’s responsibilities if one of their drivers requests that a split specimen be tested.
Drivers who are informed that they’ve failed a DOT drug test have the right to request that the secondary specimen be tested if they believe that the test result is inaccurate. Due process is an important aspect of our legal system, but waiting for a split specimen to be tested can cause some confusion for motor carriers. Here are some common questions we hear about the split specimen process.
When a driver gives a urine sample for the purposes of DOT drug testing, the collector will split the specimen into two separate containers. The container labeled as the primary specimen will be tested by the lab; the container labeled as the secondary specimen is only tested if the driver requests that it be tested after the primary specimen is verified as positive, adulterated, or substituted.
When the medical review officer (MRO) contacts the driver about a verified positive, adulterated, or substituted test, the MRO will inform the driver of the driver’s right to have the split specimen tested. The driver then has 72 hours from the time of notification to request via the MRO that the split specimen be tested.
Because the driver’s primary specimen was verified positive, adulterated, or substituted, the motor carrier should have already pulled the driver from performing safety-sensitive functions. The driver cannot resume driving while the split specimen is being tested. Whether the driver is reassigned to a non-driving position or is suspended depends on the motor carrier’s drug and alcohol policy.
The regulations specify that the carrier cannot delay lab testing in order to collect payment from the driver. The secondary specimen should be submitted for testing as soon as the driver requests it, and motor carrier will be billed through the carrier’s lab account. In some cases, the motor carrier can seek reimbursement from the driver for full or partial costs of the split-specimen test.
The MRO will report the positive, adulterated, or substituted drug test result to the Drug and Alcohol Clearinghouse within two business days of verifying the result for the primary specimen. Once the MRO receives the lab results for the secondary sample, one of three things happens:
Key to remember: Dividing a urine specimen into two samples allows for a driver to request that the secondary sample be tested if the first specimen indicates drug use. This is an important part of the driver’s right to due process.
In response to a directive from the Trump administration, the U.S. Department of Transportation has issued a new enforcement policy aimed at ensuring commercial truck and bus drivers are able to read and speak English.
The internal policy, issued May 20, 2025, is now in effect. It includes guidance for how roadside enforcement personnel should enforce the English language proficiency requirements in 49 CFR 391.11(b)(2).
The policy advises officers to begin all roadside inspections in English. If it seems the driver may not understand the officer’s initial instructions, the officer is directed to conduct a two-part assessment to evaluate the driver’s compliance with the English language standard.
The first step is a driver interview, though details of the interview process were redacted from the public version of the policy. The policy says drivers should not use tools to facilitate communication during the interview, such as interpreters or smart-phone applications.
The policy directs officers to cite drivers for a violation if they cannot pass the interview portion of the assessment.
Step two in the assessment is evaluating whether the driver can recognize common highway traffic signs. The policy contains images of signs officers can use for this part of the test, but those too are redacted from the public version of the policy.
If a driver fails the test, the policy says the officer should:
Drivers who are placed out of service won’t be allowed to drive until they can meet the English language requirements.
The policy applies to all federal enforcement personnel who perform inspections on drivers engaged in interstate commerce. Its effect on state-level enforcement remains unclear for now.
According to the policy, drivers in a commercial zone along the U.S.-Mexico border may be cited but should not be placed out of service.
The Federal Motor Carrier Safety Regulations state that commercial drivers must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”
The new policy replaces a 2016 policy that ordered inspectors not to place drivers out of service for violating the language requirement.
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.
Terminating an employee is never fun and must always be handled with care. That’s why J. J. Keller recently hosted an interactive virtual conference called “Termination Talk.”
After a keynote presentation about termination that was led by two J. J. Keller HR experts, about 40 conference attendees were asked to share their termination experiences with one another in small breakout groups.
The keynote presentation focused on:
Presenters shared these 3 “Bs” of terminating:
During the interactive portion of the event, J. J. Keller invited the HR professionals in attendance — some with decades of HR experience — to share stories about terminations they’ve handled, as well as any related questions.
Participants mentioned the risk of wrongful termination claims being filed when employees over age 40 must be let go, or when firing someone who has filed a workers’ compensation claim or requested Family and Medical Leave Act leave. The consensus was that these tricky situations required thorough documentation showing that the terminations were based on poor performance or improper conduct.
“You can’t show favoritism,” said an attendee. “If you discipline one employee for something, you have to discipline all employees who have the same performance or conduct issues.”
Because terminations often involve sticky issues, one attendee suggested all managers be encouraged to bring in HR sooner rather than later during the discipline process. Another tip shared was to be sure all employees (including frontline supervisors) are trained in company policies and procedures, and that policies and procedures are implemented consistently.
Avoiding termination troubles was summed up by virtual conference attendees in three words:
Key to remember: Virtual conference attendees came away with the message that they are not alone when it comes to termination challenges, but that through respect, consistency, and documentation, they can reduce the risks involved when an employee must be let go.
A court case reminds employers to be careful when firing an employee shortly after the employee asks for leave under the federal Family and Medical Leave Act (FMLA).
In 2023, to explore reasons for low morale, Christopher, a police officer, voluntarily conducted a wage survey of area law enforcement agencies. The survey showed that members of the city’s police department were paid less than those of other local law enforcement agencies. He presented the findings to Chief Kuth on October 31, 2023.
On November 17, Chief Kuth reassigned Christopher from his day-shift position as a detective to a night-shift position as a patrol officer.
On an unrelated note, on November 29, Christopher emailed his supervisor, with the HR director copied, to tell them that “in the next couple of months” he would need to receive treatment for a recurrence of cancer. In that email, Christopher recalled that when he went through a similar treatment several years earlier, he “didn’t miss much work then” and that he was “hoping for something similar” this time as well.
The HR director responded with FMLA paperwork attached, explaining, “I understand you don’t anticipate missing much work, but this is still an FMLA qualifying event.”
Chief Kuth fired Christopher 14 days later, on December 13.
Christopher sued, and the employer asked the court to dismiss the case.
In court, the employer put forth two arguments:
Christopher had provided adequate notice of the need for leave. Chief Kuth argued that when he fired Christopher, he wasn’t aware of Christopher’s potential need for medical leave, so the leave had nothing to do with the termination.
Christopher’s supervisor, however, testified that he was “sure” that he told Chief Kuth that Christopher was planning to take medical leave, though he couldn’t recall when.
The employer also gave shifting explanations of why it fired Christopher.
Chief Kuth said that he fired Christopher for “insubordination” because Christopher “was saying that I was lying about not supporting [line officers] or helping them with wages.”
The police department, however, told the Arkansas Division on Law Enforcement Standards and Training that Christopher was “terminated for non-disciplinary reasons.”
Also, the employer policy required investigations into allegations of employee misconduct before taking disciplinary measures, and had investigative procedures that leaders had to follow.
But Chief Kuth never had any discussion with Christopher about the reason for his firing, and the chief never conducted any investigation into the allegations that Christopher called him a “liar” before firing him.
Therefore, the court did not dismiss the case as the employer had wanted. Instead, the court allowed it to proceed to a trial.
Collins v. City of Lowell, Arkansas, Western District of Arkansas, No. 5:24-CV-5122, May 1, 2025.
Key to remember: Employers may fire employees for legitimate reasons that don’t have to do with a request or taking of FMLA leave, but they need to be able to show what those reasons are. Otherwise, a termination can look like retaliation.
Are your forklift operators certified? Do they need a state driver’s license? Are they physically able to operate forklifts? All are commonly asked questions — so, let’s make sure you're compliant.
OSHA’s powered industrial truck (PIT) standard (29 CFR 1910.178) is intended to ensure the safe use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The standard outlines requirements for operational permits and certification.
And, though not specified in the standard itself, PIT operators must be at least 18 years old per federal child labor regulations.
The OSHA PIT standard clearly defines requirements for training and certification. However, some licensing and certification information isn’t as clear. Here are some clarifications:
Q: Who can train, evaluate, and certify PIT operators?
A: OSHA requires in 1910.178(l)(2)(iii) that, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.” The OSHA standard doesn’t further define this requirement or set any specific or additional certifications.
Q: Does OSHA require PIT operators to have a valid driver's license?
A: Federal OSHA has no requirement that a forklift operator has a valid motor vehicle driver's license. Some states are more stringent, so check your local and state requirements to confirm.
Q: Does OSHA have regulations that impact an employee’s ability to operate PITs if they’ve received a DUI or suspended license?
A: Because OSHA doesn't require a valid motor vehicle driver's license, the status of that license doesn’t impact PIT operator permitting. Individual states or the employer may have policies that dictate otherwise.
Q: Are PIT drivers required to have their license on them when they are working?
A: Federal OSHA doesn’t require PIT operators to have a license or permit. However, some states such as Michigan do require this. Typically, in states that require a permit or license, the license must be “readily available.” Companies have the option to require the permit or license be carried with the operator.
Q: Are operators required to be trained on each manufacture of PIT model?
A: A June 15, 1999, OSHA letter of interpretation (LOI) clarifies that operators are to be trained and evaluated in the safe operation for the type of truck they’ll be assigned. Operators wouldn’t need additional training for same truck types but would need additional training when truck- or workplace-related training topics are different.
Q: Do PIT operators need to be recertified if they move from one state to another with the same company?
A: In an LOI dated October 1, 1999, OSHA states, "As long as the employer has a reasonable basis to believe that the third-party trainer is qualified and has a program that meets the requirements of the standard, it can rely on that trainer to conduct the training and evaluation of employees and can certify that these employees have been trained. However, the employer may need to provide additional training on site-specific or truck-specific matters." This shouldn’t require retraining for the same type of forklift as already certified; however, workplace conditions or other factors of the new work location may require training for forklift operation in the other state(s).
Interested in information on how material handler training can help forklift operators? See our Compliance Network article "To improve forklift safety, train material handlers." |
In addition to being properly trained and evaluated, OSHA expects employers to ensure physical capabilities. OSHA references the American National Standards Institute (ANSI) Standard B56.1-1969. Section 6 clarifies that, “Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."
Employers should consider OSHA PIT regulations and the General Duty Clause, ANSI standards, and the Americans with Disabilities Act (ADA) requirements when evaluating physical qualifications. In short, if a worker demonstrates the visual, auditory, and mental ability to safely operate PITs, he or she is permitted to operate them.
OSHA requires employers ensure the safe use of forklifts and other powered industrial vehicles. Employers must ensure operators have the knowledge, skills, and physical ability to safely operate PITs.
Supervisors play a key role in a company’s compliance with the federal Family and Medical Leave Act (FMLA). Employees usually ask their supervisor for time off when needed, so supervisors are often involved at the first step of the FMLA process. Sometimes, supervisors are the weak link in the compliance chain. Missteps can risk expensive claims, and supervisors can be held individually liable in court cases.
This FMLA basics training refresher is designed to be shared with supervisors to:
Supervisors should remember that the FMLA gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month leave year period for certain qualifying reasons. Supervisors benefit from remembering that:
This morning, Joe Employee asked you for two weeks off for an upcoming medical procedure. Joe indicated that he would need the leave to begin in about a month.
At the time of Joe’s leave, the department will be at its busiest time of year. Vacations were being denied for that time frame.
You thank Joe for letting you know and tell him you’ll get back to him the next day or so.
What should you do?
The best answer is #3. The other responses risk violating Joe’s FMLA rights.
Trying to talk Joe out of the leave or postponing it would have a chilling effect on Joe’s leave request, which courts have seen as interfering with FMLA rights. The same for pointing out that even vacations are being denied.
Firing Joe because he needs time off has a high violation risk, since the FMLA gives employees the right to job-protected leave.
Key to remember: Supervisors might have been trained in the FMLA when they first took on their role, but might have forgotten much of it. Refresher training can help avoid missteps that can risk a violation and a lawsuit.
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.
Training forklift operators is an OSHA requirement per 1910.178(l). Do you want to do it in house? If you said yes, follow this step-by-step guide.
It all starts with a competent trainer. OSHA’s view is that all operator training and evaluation must be conducted by persons who have the “knowledge, training, and experience” to train operators and evaluate their competence. The standard doesn’t go into any more detail. It’s up to the employer to ensure trainers meet these general qualifications, but OSHA has no requirements for trainers to take certain classes, hold any sort of certifications, or be re-certified as trainers at specified intervals.
Need more information on OSHA’s Forklift Standard? See our ezExplanation on Powered Industrial Trucks. |
The only aspect that OSHA has clarified is that the trainer does need to have experience operating the equipment and attachments. However, the standard doesn’t require that the trainers operate a forklift regularly (that is, outside of their operator training duties) as part of their job function or responsibility.
First, OSHA requires that all operators must be trained prior to being allowed to operate forklifts. And the same thing goes for pallet trucks, order pickers, and stand-up units…. Any powered type of material handling equipment requires training.
But what does training entail? Well, the OSHA regulations are very specific. All operators must receive a combination of training. Training must consist of formal training, which is a lecture, discussion, interactive computer learning, video tape, written material, and so on.
They must also receive practical training, which means demonstrations performed by the trainer and practical exercises performed by the trainee.
And the third component is that operators must receive a performance evaluation. So, they must operate the equipment and be observed and evaluated before being considered trained per the OSHA standard.
Usually, you’ll introduce the concepts during the classroom portion of training, the more informational aspects, such as the OSHA requirements. Then you’ll use the practical part of training to familiarize trainees with controls, talk about load handling, and so on. With the practical part, it’s usually best to ramp up the training, meaning start with simple skills and then build on those.
Aside from requirements for how to do the training, OSHA gives us a detailed list of topics to cover during the training.
The main categories are truck-related and workplace-related topics. And remember that OSHA does require you to include information on OSHA’s forklift standard as part of the training program. This requirement can be easy to overlook, but a good way to approach it is in the classroom portion of the program.
Keep in mind that if a topic doesn’t apply to your trucks or workplace, you don’t have to train on it. For example, if you don’t have any ramps or hazardous (classified) locations in your facility, your forklift operators don’t need training on these topics.
Truck-related topics include the following:
Workplace-related topics are examples like these:
The trainees must successfully complete the formal and practical instruction, but how you determine success is up to you. For the classroom portion, you could give a written or oral test or otherwise evaluate the trainees’ knowledge. For the practical training, the trainee must be able to safely perform all the operations used on the job.
An evaluation of the operator’s performance in the workplace must be conducted at the time of initial training. And an evaluation is required to determine the effectiveness of any refresher training.
Also, you must conduct an evaluation at least every three years. This means that at least once every three years every operator must be observed while they operate in the workplace under actual workplace conditions. During the evaluation, the operator must also be able to answer pertinent questions to demonstrate they have the knowledge to operate the forklift safely.
A key point to note here, this evaluation must be more than just a written or verbal test. The employer must observe the operator in action performing all typical tasks related to running the forklift. And, going back to where we started, the evaluation must be conducted by someone who has the knowledge, training, and experience to evaluate the truck operator’s competence.
Document the evaluation — this means placing a record in your training file that includes the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.
This may be a good time for you to review your options for training forklift operators to ensure they’re meeting these guidelines. And, it’s always a great idea to have all your training procedures in written format for consistency.
Training forklift operators is an OSHA requirement. Follow this step-by-step guide and you can do it in-house.
Personal protective equipment (PPE) plays a pivotal role in worker safety when higher-level controls aren’t available or feasible to protect workers from job hazards. But if PPE isn't used correctly or the right gear isn't chosen, it can make the workplace even more dangerous. PPE assessments are key to choosing and implementing effective protective equipment.
Let's walk through each step of a PPE hazard assessment using a hypothetical example of a worker in a manufacturing plant.
In this example, we're assessing workers on an assembly line who operate machinery, handle materials, and perform quality checks.
Step 1: Identify potential hazards
Step 2: Select appropriate PPE
Based on the identified hazards above, the following PPE is selected:
Step 3: Communicate PPE decisions
Inform the workers about the selected PPE:
Step 4: Ensure proper fit
Check that the PPE fits each worker correctly:
Step 5: Verify hazard assessment
Document the hazard assessment:
Under 29 CFR 1910.132, OSHA requires a thorough, documented assessment that effectively will make sure workers have the right equipment to protect them from the hazards they face every day on the job, including:
Key to remember: OSHA requires documented PPE assessments when hazards necessitate its use. By doing thorough assessments, choosing the right PPE, and providing effective training, employers can ensure compliance but, more importantly, keep their workforce safe from job hazards.
April 28 marked Workers Memorial Day. It also marked an anniversary of the enactment of the Occupational Safety and Health Act (OSH Act). House legislators chose that date this year to again introduce the Protecting America’s Workers Act (PAWA).
The bill would strengthen and modernize the over 50-year-old law. It would amend the OSH Act to increase penalties for high-gravity violations. The bill would also expand coverage to public workers and make other changes.
You could call the bill the “Kennedy Amendment.” The PAWA goes back to April 29, 2004. That’s when Senator Edward “Ted” Kennedy (D-MA) introduced it. Back then, the lawmaker acknowledged that it would be an “uphill battle” to get the bill through Congress. It’s unclear if he sensed it would take over 20 years, but he said he was committed to the fight. The Senator reintroduced or cosponsored the bill in 2005, 2007, and just days before he died in 2009.
When introducing the bill, Kennedy explained, “I’m committed to fighting for people like Jeff Walters, whose son Patrick was killed when a trench collapsed on him ... His employer was known to be violating critical safety rules. We will fight for people like Ron Hayes, whose son Patrick suffocated in a grain elevator … We intend to do everything we can to keep other working families from that grief.”
Kennedy argued, “These deaths and injuries aren’t accidents, they’re crimes, and it’s time we started treating them like crimes.” In fact, the Senator pressed, “Every year, over five thousand workers are killed and nearly five million others become ill or are injured on the job … Too many companies … blatantly ignore the law, but they never go to jail—even when their actions or lack of action kill loyal employees who work for them … Employers who violate safety laws again and again … treat [OSHA fines] as just another cost of doing business. We cannot let these shameful practices continue.”
The PAWA has been bolstered and reintroduced with every Congressional session since Kennedy. House Representative Joe Courtney (D-CT) just floated the bill as H.R. 3036. The Congressmember shared: “Fifteen years ago, an explosion at an energy plant in Connecticut left six workers dead and dozens injured. Some of the workers who died were my friends, and I watched as their families fought for justice and accountability for years afterwards. Their story, and the horrifying reality that … workers die each day as a result of hazards faced at work, is why I am a champion for the Protecting America’s Workers Act.”
A fact sheet from Courtney claims that the Bureau of Labor Statistics estimates that 5,283 workers were killed on the job in 2023, and nearly 3.2 million workers suffered on-the-job injuries or illnesses.
H.R. 3036, if passed, would:
Coverage |
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Duties and standards |
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Recordkeeping |
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Investigations |
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Violations and citations |
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Contesting violations |
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Penalties |
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Whistleblowers |
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Families of victims |
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State plans |
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It’s a safe bet that the PAWA will continue to be reshaped and reintroduced until signed into law.
The PAWA was reintroduced to expand coverage to public workers, increase penalties, and otherwise strengthen the OSH Act.
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.
Tired of watching employees ignore safety rules or take unnecessary risks on the job? You’re not alone. It can be frustrating to see workers cut corners or act like safety is someone else’s problem, especially when the consequences of an injury could affect not just their work, but their personal lives too.
How often do you find yourself thinking, “There’s got to be a better way to get people to care about safety?” Well, here’s an idea: make safety fun. Try gamifying your safety initiatives.
In today’s workplace, traditional compliance-based safety programs are being replaced by more proactive, engaging strategies. One of the most exciting innovations is the use of gamification — applying game-like elements to encourage safe behavior and promote leading indicators of safety.
And here’s a stat to consider in 2024, the global gaming industry generated over $184 billion in revenue. Gaming is clearly a major part of our culture—so why not tap into that enthusiasm and bring it into the workplace?
According to OSHA, leading indicators are proactive, preventive, and predictive measures that help you gauge how well your safety and health programs are working. In simpler terms, they’re the actions and behaviors that can help prevent injuries or illnesses before they happen. This is different from lagging indicators, which only track incidents after they’ve already occurred — when someone has already been hurt.
Common examples of leading indicators include:
The term gamification involves applying game design concepts — like points, levels, challenges, and rewards — to non-game situations. In the workplace, this means upgrading routine safety tasks into interactive experiences that motivate employees to participate actively. The key is to make safety behaviors visible, measurable, and rewarding.
While OSHA does not explicitly endorse gamification, the Agency does emphasize the importance of worker participation and engagement in safety programs. Gaming concepts can be a powerful tool to increase that engagement. By making safety activities more interactive and rewarding, gamifying aligns with OSHA’s goal of fostering a proactive safety culture.
Here’s how safety managers can gamify leading indicators:
Key to remember: Gamifying safety is not just about having fun; it’s about making safety initiatives more engaging and meaningful. When done right, it turns routine compliance into active involvement.
Although tornadoes can occur at any time, the “tornado season” generally runs from March through June, with May typically having the most storms. Although OSHA’s regulations do not specifically mention tornadoes, OSHA does require an Emergency Action Plan under 1910.38. The plan must include procedures for reporting fires or other emergencies (such as severe weather).
Below are some questions our experts commonly get regarding tornadoes.
Does OSHA require an alarm? Generally, yes, unless the workplace has 10 or fewer employees per 1910.165. Employers must provide a way to communicate an emergency in a manner that notifies employees of the expected response. A fire alarm typically warns employees to evacuate to a headcount location. If the nature of the emergency requires a different response (such as proceeding to a tornado shelter), employees must recognize the alarm and understand the appropriate response.
Does OSHA require annual drills? OSHA does not require drills, but does require annual testing of alarms under 1910.165. In addition, 1910.38 requires that employees understand their responsibilities under the Emergency Action Plan. Conducting annual fire evacuation drills is common, and your insurance company may require them. However, many employers do not conduct annual tornado drills because employees would typically proceed to the nearest shelter, which may not allow for a headcount. Still, annual alarm testing can let employees know what it sounds like, and employers can deliver reminders on shelter locations at that time.
Does OSHA require tornado shelters? No, OSHA does not specifically require tornado shelters, but does list recommendations from other agencies regarding preferred shelter areas. If a building lacks an ideal location, employers should identify the best potential shelter areas. Employers might also check with their insurance company about building shelter areas. Typically, employees should:
What about remote or traveling employees? Many employees work remotely, travel for business, or even report to off-site locations (such as construction sites). These employees cannot rely on an alarm and should monitor the weather in their area. They should also know how to protect themselves, whether driving, working from home, or working outdoors.
Tornado safety involves three phases: Preparing in advance, Staying safe during the storm, and Staying safe after the storm.
Employees should prepare a plan and an emergency kit, monitor weather conditions during thunderstorms, and know the best places to shelter wherever they work.
Employers should prepare a business continuity plan for dealing with the aftermath, from cleaning up the site to resuming business operations.
During a tornado warning, employees should remain in a shelter until given an all-clear signal. At a fixed worksite, this may come from an employer announcement. At other locations, employees may need to monitor conditions on their phone or radio.
After the storm, employees may need a way to communicate if they are trapped or injured. They should also watch for hazards such as downed power lines, gas leaks, building damage, or debris.
Key to remember: Tornadoes can happen at any time, but Spring is most active, and employers should prepare to protect workers.