SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Chemical suppliers must notify customers that a product contains a 40 CFR 372 regulated PFAS. However, right now, that timeline is confusing to some suppliers. So, EPA just published a proposal to amend the Toxics Release Inventory (TRI) Reporting standard to clarify the timeline.
Once PFAS (per- or polyfluoroalkyl substances) have been added to the TRI program, TRI-covered facilities must report information to EPA by July 1 the next year. They’re covered if they’re in designated industry sectors or are federal facilities, and they manufacture, process, or otherwise use these PFAS above set quantities.
However, it’s the notification from the supplier that helps to make TRI-covered facilities aware of their TRI-reporting obligations. You may be affected by the latest proposal if you own or operate a facility required to provide TRI supplier notifications under 40 CFR 372.45.
Supplier notification helps ensure that purchasers are informed that products they purchase have TRI-listed substances. Covered suppliers must send notifications for mixtures or trade name products with TRI chemicals to:
Supplier notifications must include:
The supplier notification must be in writing. If you’re required to prepare and distribute a safety data sheet (SDS) for the mixture or trade name product under OSHA 29 CFR 1910.1200, then:
Typically, the supplier notification is found in section 15 of the SDS.
Notifications must be provided by a facility or establishment that meets the following:
If a facility meets all three criteria, then a supplier notification is required with at least the first shipment of the calendar year containing that TRI chemical. For chemicals newly added to the TRI list, notifications must be provided starting with the effective year of the chemical on the TRI list.
The National Defense Authorization Act (NDAA) of 2020 automatically updates the list of toxic chemicals subject to TRI reporting. This update happens annually as of January 1 of the year following specific triggering events. (See the preamble to the proposed rule for a list of triggering events.)
EPA must also publish a final rule to update the TRI list in the Code of Federal Regulations (CFRs). However, the problem is these final rules and conforming CFR edits have trailed the January 1 effective date. Stakeholders have questioned whether the supplier notification requirements for such NDAA-added PFAS begin either:
The answer is the supplier notification requirements begin on January 1, when the PFAS is added to the statutory TRI chemical list. Suppliers that wait until EPA issues a rule may run into noncompliance.
On January 17, EPA proposed to edit the definition of “toxic chemical.” Specifically, EPA includes in the definition the PFAS that are automatically added to the TRI chemical list pursuant to the NDAA. Such PFAS are effectively TRI-listed chemicals as of the applicable January 1st following specific triggering events.
Put another way, EPA proposes to amend the CFR to confirm that the TRI chemical list includes:
Because some covered PFAS will not be listed in the CFR right away, the regulated community can find information on the latest NDAA-added PFAS here.
Let’s say a PFAS or class of PFAS is listed as added automatically to TRI on January 1, 2024. That means it was added for reporting year 2024. Supplier notifications would start January 1, 2024. Then TRI-covered facilities would report for that PFAS or class of PFAS by the July 1, 2025, reporting deadline (and in later years).
Similarly, a PFAS or class of PFAS listed as added on January 1, 2025, means it’s added this reporting year (2025). So, those supplier notifications started January 1, 2025, and TRI-covered facilities would report the PFAS or class of PFAS by the July 1, 2026, deadline (and in later years).
According to the proposed rule, comments must be received on or before February 18, 2025.
EPA proposes to clarify the timeline for chemical suppliers. It specifies when to notify customers that a product contains a PFAS regulated under 40 CFR 372. Comments are due by February 18, 2025.
If you’ve been waiting for an update on OSHA’s proposed heat rule, you’ll be waiting just a bit longer. The new Administration has signed an Executive Order putting temporary brakes on all regulations including any rules currently approved but not yet published. This pause allows time for new agency heads to review proposed regulations that haven’t reached the Federal Register.
However, effective January 16, 2025, the agency extended it’s National Emphasis Program (NEP) for outdoor and indoor heat-related hazards to maintain worker protection during the Administration’s review. OSHA’s directive, CPL 03-00-024, allows compliance officers to continue to identify and enforce heat-related illnesses in outdoor and indoor workplaces under their jurisdiction for general industry, construction, maritime, and agricultural sectors.
OSHA’s National Emphasis Program (NEP) – Outdoor and Indoor Heat-Related Hazards is extended until April 8, 2026, or until replaced by an updated compliance directive. The previous NEP was set to expire on April 8, 2025. Inspections will continue through regional offices and state plan programs. Outreach will still be provided under this NEP.
Temperatures have reached record levels recently, and heat has become the leading cause of death among all hazardous weather conditions in the United States. The Bureau of Labor Statistics (BLS) reported 479 worker deaths and 33,890 work-related heat injuries and illnesses that resulted in days away between 2011-2022.
Workers in both outdoor and indoor work settings may be at risk from:
An NEP is not a mandate or regulation, but rather provides an enforcement program targeting specific high-hazard industries or workplace activities where heat-related injuries or illness could occur if not managed. Examples related to this OSHA’s heat NEP include working outdoors during a heat wave or working indoors near radiant heat sources like commercial driers or metal-working foundries.
Key to remember: OSHA has extended its National Emphasis Program (NEP) – Outdoor and Indoor Heat-Related Hazards until April 8, 2026, or until replaced by an updated compliance directive while the proposed rule is reviewed by the new administration.
In the waning weeks of the last administration, OSHA was “full steam ahead” with its enforcement directives and memos. Since November, the agency extended two, updated four, added one, and cancelled one. OSHA directives and memos are like instructions for OSHA offices and inspectors. In this way, enforcement and other agency activities are consistent nationwide.
The changes come on the heels of a flurry of earlier memos in 2024. Those dealt with meat plants, ergonomics, injury reporting, and walkaround representation. They also covered issuing citations and enforcement exemptions.
No doubt the new administration will pore over “all” of OSHA’s enforcement documents, not just the latest ones. Therefore, it’s important to keep an eye on any shifts in enforcement strategy from the agency. Knowing what OSHA is targeting may help you prioritize your compliance efforts.
On January 16, the agency extended its National Emphasis Program (NEP) on outdoor and indoor heat-related hazards. The program was due to expire April 8, 2025. However, OSHA extended it until April 8, 2026. The program (described in CPL 03-00-024) targets over 70 high-risk industries when a heat warning or advisory is issued for a local area. Inspections are also conducted for heat-related fatalities, complaints, and referrals, no matter the industry.
Between April 8, 2022, and December 29, 2024, OSHA:
OSHA argues that employees are frequently injured when working on or around machinery and equipment. This is especially the case with insufficient guarding and/or energy control procedures. For that reason, on November 18, OSHA directed its offices to continue inspections under CPL 03-00-022 until June 30, 2025. That’s the NEP on amputations in manufacturing. It targets industrial and manufacturing workplaces with machinery and equipment that could cause amputations.
Effective January 13, OSHA issued CPL 02-00-172. This directive provides enforcement guidance for 29 CFR 1904, which goes over injury and illness recordkeeping and reporting. The latest directive replaces a 20-year-old CPL.
OSHA says the new CPL reflects updated recordkeeping policies. It also incorporates revisions related to exemptions, employee rights, and electronic submissions. These stem from final rules published in 2014, 2016, 2019, and 2023.
On November 13, OSHA published CPL 02-01-066. The directive concerns the agency’s authority over workers not only on vessels but also at facilities on/adjacent to U.S. navigable waters or on the Outer Continental Shelf.
The new directive provides guidance related to towing vessels, marine construction, and personal flotation devices. It supersedes older directives.
On November 14, OSHA issued a memo with a revised table listing “low-hazard industries.” These industries had days away, restricted, or transferred work injury/illness incidence rates in 2023 below the national private sector average. That national average was 1.5 per 100 full-time equivalent workers.
The table is referenced in CPL 02-00-170, which provides enforcement exemptions and limitations as required by Congress. Check out the article, “Is YOUR location immune from OSHA safety inspections?”
On January 7, OSHA issued its memo, “2025 Annual Adjustments to OSHA Civil Penalties.” The memo goes over gravity-based penalty amounts for serious violations. While high gravity violations can reach $16,550, low gravity violations are just $7,093. A maximum $16,550 penalty may be proposed if OSHA thinks it’s appropriate to achieve deterrence.
The memo also offers a table of serious-willful penalty reductions for employer size. For example, an employer with 10 or fewer employees may receive an 80 percent reduction.
On December 17, OSHA and EPA entered into a memo of understanding to coordinate protections for workers using chemical substances under two laws. Those include the Toxic Substances Control Act (TSCA) and the Occupational Safety and Health Act. Under the memo, OSHA and EPA will share information on chemical-related priorities, risk evaluation, rulemaking, and enforcement activity.
TSCA regulates the use of chemicals more broadly, while the OSH Act regulates health and safety in the workplace. TSCA also covers a wider range of workers than OSHA, such as volunteers, self-employed workers, and some state and local government workers. That means EPA’s findings and worker protection regulations may differ from OSHA’s.
On January 16, OSHA tossed its NEP on COVID-19. According to the agency, this enforcement program (DIR 2021-03 (CPL 03) in place since 2021) was cancelled because of:
We’re waiting to see if OSHA will post a new Site-Specific Targeting (SST) Program. Its existing one (CPL 02-01-064) expires on February 7, 2025.
Under the SST Program, OSHA selects random targets of non-construction, non-office, non-government workplaces (with 20 or more employees) that are either:
The last administration continued to issue a stream of enforcement instructions for its offices and inspectors up to the last week. Of course, the new administration may revisit all enforcement documents.
Just about every driver has experienced it. You reach your destination without a complete recollection of how you made it there. It’s as if the vehicle was on autopilot.
Even though it is commonplace, driving in a dazed state can be just as serious as nodding off because reaction time is hindered.
This detached mental state is known as highway hypnosis or white line fever attention. Although not true hypnosis, this dulled, trance-like state can be brought on by the monotony of the road. A driver who is bored and staring at, for example, the white lines or a snow shower in headlights might drift off into an experience called “driving without attention.”
Driving without attention is a form of distracted driving. In this state, drivers may be subject to more near misses including crossing over the center line.
Contributing factors include:
How can drivers avoid driving without attention? The first impulse might be to consume caffeine. It may help in the short term. However, if the problem is truly fatigue, drivers need to be honest with themselves and pull over for rest.
For some drivers, a fresh perspective might be found through a short break to stretch their legs at a truck stop. Drivers don’t have to wait until the next fueling to take a break. They could stop for a couple of minutes, for instance, every 100 miles.
The following tips can also help maintain concentration:
Key to remember: Distracted driving doesn’t always have to involve using cells phones or engaging in activities that take the eyes off the road. It can be as simple as zoning out and not paying attention to the road ahead.
I received a letter in the mail this week notifying me that I am one of millions affected by a recent security breach of medical records. Sadly, this isn’t my first run-in with hackers.
But did you know that identity theft isn’t limited to individuals? Businesses can be victims, too. And that includes motor carriers. Cybercriminals are looking to steal sensitive company information. Criminals use this information to take out loans, credit cards, or lines of credit — or even try to send out invoices to your customers!
It would be naïve to think that motor carriers are rarely targeted by cyber criminals. In fact, it’s so common that the Federal Motor Carrier Safety Administration (FMCSA) has a webpage devoted to fraud alerts (https://www.fmcsa.dot.gov/registration/fraud-alerts). Most entries are of FMCSA impersonations.
Most recently, the FMCSA sounded the alarm on a “Fake Action Required Notice” that masqueraded as the agency. This scammer claims the carrier is subject to a safety audit and provides a link to upload required documents. If someone acted on the request, they would have provided sensitive corporate information along with their drivers’ personal information and data on equipment.
If you’re contacted by what appears to be FMCSA, your best bet is to always confirm by reaching out to the FMCSA through a known phone number or email address. Don’t trust the contact information provided in the correspondence.
Next, practice the same cyber security for any unsolicited email including those appearing to be from FMCSA. Don’t click on links, provide files, or download attachments — and always verify. Lastly, when targeted by one of these DOT scams, report it to FMCSA.
On December 4, 2024, the province of Alberta updated their Occupational Health and Safety (OHS) Code, and it could affect you! Read on to find out how it could impact your business.
The good news is that the updates were intended to align with other Canadian jurisdictions and make the Occupational Health and Safety Act regulation easier to understand! The OHS Code provides detailed technical requirements for controlling workplace health and safety hazards.
The bad news is – well, there really isn’t any bad news. The updates are meant to simplify and clarify some requirements and clean up some duplication and errors found in the previous version.
Changes made to the Code are outcome-focused instead of requirement-focused so employers can set compliance goals and objectives that suit their workers and establishments.
Employers are being given a transitional period between December 4, 2024 and March 30, 2025. The final effective date for compliance with the updated provision is March 31, 2025.
Key to remember: Updates have been made to several Parts of Canada’s Occupational Health and Safety (OHS) Code to clarify health and safety expected outcomes.
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