Compliance Just Got Easier: Stay ahead of regulatory changes with instant notifications on updates that matter.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
Regulatory Compliance News & Updates
Keep up to date on the latest
developments affecting OSHA, DOT,
EPA, and DOL regulatory compliance.
Safety & Compliance News
FEATURED NEWS
2026-09-21T05:00:00Z
NewsAccident Investigation Preparation and ResponseIndustry NewsAccident Investigation - OSHAAccident Investigation - OSHAAccident Corrective and Preventative ActionsSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyAccident responseIn-Depth ArticleEnglishFocus AreaUSA
ASTM guidance on SIFs has updated; it’s time to update too!
What if your safety program is hitting its target, but is still missing the one condition that could kill or seriously harm someone if unchanged? Shifting from a safety scoreboard to a risk spotlight could be the solution that takes you from responding to incidents to preventing them.
A change in perspective
For decades, safety performance has been measured using metrics such as TRIR and LTIR. While those measures remain valuable, they primarily tell us what happened yesterday. They don't always reveal the hazards that could cause a serious injury or fatality (SIF) tomorrow.
That's the thinking behind ASTM International’s updates to ASTM-E2920-26, which encourages organizations to look beyond injury counts and focus on identifying, prioritizing, and controlling high-consequence risks before tragedy occurs. In other words, moving from looking at incidents in the rearview mirror to looking through the windshield at what’s headed their way.
A new way to look at safety
ASTM’s hope is to change the lens through which risk is evaluated from hindsight to foresight and from injury tracking to risk recognition and hazard prevention. In addition to broadening the scope of “what” is evaluated, they’ve expanded serious injuries and fatalities (SIF) to include operational risks and system conditions.
Prioritizing what matters most
A key change in ASTM E2920 26 encourages employers to prioritize incidents in levels:
- Level 1: Actual SIFs (aSIF) (life-ending, life-threatening, or life-altering injuries/illnesses),
- Level 2: Priority injuries/illnesses with significant impact that call for a closer look,
- Level 3: Regulatory recordables that don’t meet Level 1 or Level 2 criteria, and
- Level 4: Minor injuries and near misses such as first aid incidents or low-risk events.
Somewhere between Levels 2 and 4 lies the potential SIF (pSIF) where incidents could have had significant impact or severe consequences. It shifts the focus from "What happened?" to "What could have happened?" Consider a forklift backing out of an aisle with a raised load. As the operator turns, the load shifts and falls from the forks, landing a few feet from a nearby employee. No injuries occurred.
In many organizations, this would have been classified as a near miss triggering a safety refresher about safe forklift operation, then closed out. The ASTM E2920-26 challenges employers to new thinking by asking:
- What if the employee had been one step closer?
- What if the load had fallen directly onto them?
- Would the result have been life-altering or fatal?
If the answers to these questions is “yes,” the near miss shifts to a pSIF and changes the response. Rather than a simple safety reminder, an investigation would be launched to determine contributing factors or conditions allowing the event to occur (load stability, operator visibility, travel routes, and pedestrian controls). Afterward, stronger safeguards would be implemented, creating even more employee protection.
Organizations that focus on pSIFs learn from close calls before they become life-changing incidents, allowing them to direct resources where they can have the biggest impact: preventing serious injuries and saving lives.
Shifting focus to controls
ASTM E2920 26 also challenges employers to emphasize hazard controls, moving from reaction to proaction. Training, policies, procedures, and signage are important, but they rely on infallible human behavior and workers consistently making the right decisions. Higher levels of control, such as elimination, substitution, and engineering controls, remove or reduce exposure to hazards regardless of human behavior.
Here’s how to shift into gear:
- Reframing injury prevention to a focus on risk rather than just rates.
- Adding pertinent investigation questions when incidents have the potential to cause a fatal or life-altering outcome.
- Flagging incidents or near misses involves high energy or line-of-fire exposures.
- Escalating identified pSIF events for formal review and corrective action.
- Tracking incident trends involving energy sources, failed or missing safeguards, and potential worst-case outcomes.
- Evaluating controls realistically. Initially, you may see higher SIF numbers, which is expected and is a good thing!
- Ensuring adequate resources are available for incident investigations and training.
- Updating reporting tools that can track pSIF trends and tie them directly to effective controls.
- Communicating program goals with workers so employees understand the purpose of pSIF reporting is prevention, not blame.
Key to remember: ASTM E2920 26 reframes safety in a powerful way, encouraging employers to shift focus from reactive assessments to proactive controls. By looking not just at what happened, but what could have happened, employers move beyond measuring injuries and start identifying the events that could have resulted in serious injury or death.
Keep reading...Show less
2026-09-21T05:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyFocus AreaEnglishOSHA Violations and PenaltiesUSA
Fall protection for construction continues to lead OSHA’s Top 10 list
Fall protection for construction has topped OSHA’s list of most frequently cited standards for the sixteenth year in a row. On September 15, Prent Cline, acting deputy director of OSHA’s Directorate of Enforcement Programs, made the announcement during the National Safety Council’s Safety Congress & Expo.
Preliminary inspection data for fiscal year (FY) 2026 show that OSHA recorded 4,041 fall protection (construction) violations, down from 5,914 in FY 2025. The standards rounding out the list remain unchanged, though some rankings have shifted.
| Rank | Standard | Violations |
| 1 | Fall Protection – General Requirements (1926.501) | 4,041 |
| 2 | Hazard Communication (1926.1200) | 1,961 |
| 3 | Lockout/Tagout (1910.147) | 1,863 |
| 4 | Scaffolding (1926.451) | 1,725 |
| 5 | Ladders (1926.1053) | 1,659 |
| 6 | Respiratory Protection (1910.134) | 1,608 |
| 7 | Powered Industrial Trucks (1910.178) | 1,379 |
| 8 | Fall Protection – Training Requirements (1926.503) | 1,273 |
| 9 | Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102) | 1,120 |
| 10 | Machine Guarding (1910.212) | 1,072 |
Keep reading...Show less
2026-09-21T05:00:00Z
NewsIndustry NewsVehicle inspector requirementsFleet SafetyAnnual inspections - Motor CarrierFocus AreaIn-Depth ArticleUSAEnglishTransportationCMV Inspections
Bringing annual inspections in-house: A smart option for motor carriers
Many motor carriers rely on outside repair facilities to perform their required annual vehicle inspections. However, federal regulations allow carriers to conduct these inspections in their own maintenance facilities, provided they use properly qualified inspectors and maintain the required documentation. For fleets with an established shop operation, bringing annual inspections in-house can improve compliance, reduce costs, and provide greater control over vehicle maintenance programs.[PC1.1] Under Federal Motor Carrier Safety Administration (FMCSA) regulations, most commercial motor vehicles must undergo a periodic inspection at least once every 12 months. These inspections must meet the requirements found in 49 CFR 396.17 and the inspection criteria established in Part 393 and Appendix A to Part 396. Carriers are not required to outsource this process. Qualified employees can perform annual inspections in the carrier's own shop.
Key benefits of internal inspection programs
One of the primary benefits of conducting annual inspections internally is scheduling flexibility. Instead of waiting for service appointments at outside facilities, carriers can inspect vehicles as they become due, reducing downtime and helping prevent expiration-related violations. In-house inspections can also reduce inspection expenses, improve maintenance oversight, and allow fleets to identify defects before they become costly roadside violations or out-of-service conditions.
How do I choose the right inspector?
We often get questions about what certifications a mechanic must have to perform annual inspections. The FMCSA does not outline or require any specific certifications. To perform annual inspections, carriers must ensure inspectors meet the qualification requirements outlined in 49 CFR 396.19. Qualified inspectors must:
- Understand the inspection criteria contained in Part 393 and Appendix A;
- Be knowledgeable in the methods, tools, procedures, and equipment used during inspections; and
- Qualify through either a federal or state-sponsored training program, a state-issued inspection certification, or a combination of training and experience totaling at least one year.
Recordkeeping
Inspector qualification documentation is often overlooked. FMCSA requires carriers to retain evidence of an inspector's qualifications for the period the individual performs annual inspections and for one additional year after they stop performing inspections. Training certificates, resumes, employment records, and experience documentation are commonly used to demonstrate compliance. This documentation can be stored separately from the mechanic’s employment file. During a compliance review, audit, or investigation, this documentation will likely be requested.
Tracking inspection due dates and records
Carriers should also establish a reliable process for tracking inspection due dates and inspector qualification records. Many fleets use maintenance management software or electronic compliance systems that automatically generate reminders before annual inspections expire. Others maintain spreadsheets that track inspection dates and inspector credentials. Regardless of the method used, proactive tracking helps prevent lapses that can result in violations during audits or roadside inspections.
Annual inspection reports must also be retained. Under 49 CFR 396.21, carriers must keep the inspection report for at least 14 months from the date of inspection. The report must be available upon request and maintained where the vehicle is housed or maintained.
Key to remember: With the proper foundation in place, in-house annual inspections can become an efficient and cost-effective component of a carrier's overall maintenance and compliance strategy.
Keep reading...Show less
2026-09-17T05:00:00Z
NewsGreenhouse GasesIndustry NewsIndustry NewsEnvironmental Protection Agency (EPA)Air ProgramsCAA ComplianceEnvironmentalEnglishFocus AreaAir ProgramsUSA
EPA repeals most 2024 Carbon Pollution Standards for fossil fuel-fired power plants
On September 17, 2026, the Environmental Protection Agency (EPA) finalized a rule repealing a majority of the greenhouse gas (GHG) emission requirements established by the 2024 Carbon Pollution Standards (CPS) for fossil fuel-fired power plants. The agency also issued a supplemental proposed rule to rescind all other GHG emission standards for fossil fuel-fired power plants.
Who’s impacted?
EPA’s final rule applies to the fossil fuel-fired electric generating unit (EGU) source category, including:
- Fossil fuel-fired electric utility steam generating units, and
- Stationary combustion turbine EGUs.
The final rule specifically impacts:
- Existing fossil fuel-fired steam generating EGUs (subject to 40 CFR Part 60 Subpart UUUUb),
- Coal-fired steam generating units conducting a large modification (subject to Part 60 Subpart TTTTa), and
- New base load stationary combustion turbines (subject to Part 60 Subpart TTTTa).
Final rule: Repeal 2024 CPS regulations
The agency finalized the alternative option from its June 2025 proposed rule, repealing parts of the 2024 CPS and revising the associated best system of emission reduction (BSER) determinations.
EPA’s final rule removes most of the 2024 CPS regulations, including:
- The emission guidelines for existing coal-, oil-, and natural gas-fired steam generating units (the entirety of Part 60 Subpart UUUUb);
- The carbon capture and sequestration/storage (CCS)-based standards for coal-fired EGUs conducting a large modification; and
- The CCS-based standards for new base load stationary combustion turbines (the Phase 2 standards).
The final rule doesn’t repeal or revise the 2024 CPS efficiency-based standards for new stationary combustion turbines (the Phase 1 standards). However, EPA addresses them in the supplemental proposed rule.
Proposed rule: Repeal remaining GHG emission requirements
EPA also issued a supplemental proposed rule to rescind all remaining GHG emission requirements for fossil fuel-fired power plants, including the Phase 1 standards for new stationary combustion turbines. It would require the same regulatory changes as the June 2025 proposed rule but for different reasons.
The supplemental proposed rule would repeal all GHG emission standards in 60 Subparts TTTT and TTTTa for the fossil fuel-fired EGU source category, including the 2015 New Source Performance Standards (NSPS) and the 2024 CPS.
Specifically, EPA would repeal the:
- Partial CCS-based standards for new and efficiency-based standards for reconstructed or modified steam generating units and integrated gasification combined cycle facilities, and
- Efficiency-based standards for new or reconstructed stationary combustion turbines.
If the rule is finalized as proposed, fossil fuel-fired EGUs would no longer be required to comply with the GHG emission standards established under the 2015 NSPS or the 2024 CPS regulations.
Key to remember: EPA’s final rule repeals a majority of the greenhouse gas (GHG) emission standards established by the 2024 Carbon Pollution Standards for fossil fuel-fired power plants. The agency also proposes to remove the remaining GHG emission requirements for fossil fuel-fired power plants.
Keep reading...Show less
2026-09-17T05:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyMaritime SafetyOccupational Safety and Health Administration (OSHA), DOLIn-Depth ArticleHazard CommunicationHazard CommunicationEnglishFocus AreaUSA
Heads up! HazCom employer compliance deadline approaching fast
OSHA’s revised Hazard Communication (HazCom) standard contains multiple compliance dates at 29 CFR 1910.1200 paragraph (j) for chemical manufacturers, importers, distributors, and employers. In fact, the next compliance date is for employers, and it’s just over two months away! The November 20, 2026, employer deadline is driven by changes to chemical hazard classifications for aerosols, desensitized explosives, and flammable gases.
Reclassification impacts downstream chemical users
According to 1910.1200(j), chemical manufacturers, importers, and distributors evaluating substances (see the definition in 1910.1200(c)) based on the new classifications had until May 19, 2026, to:
- Reclassify the substances under revised criteria,
- Update their safety data sheets (SDSs) and shipping labels for these substances, and
- Otherwise be in compliance with all the modified provisions of the standard for those substances.
Hazard classification is the process of identifying a chemical’s hazards and determining how severe those hazards are. Chemical manufacturers and importers use 1910.1200(d), along with Appendix A (for health hazards) and Appendix B (for physical hazards) to make these determinations. When OSHA aligned HazCom with Revision 7 of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) in 2024, the agency revised its classification categories for aerosols, desensitized explosives, and flammable gases.
Once a classification is determined, it dictates the warnings, pictograms, hazard statements, and other safety and health information that must appear on SDSs and shipping labels. OSHA explains that the classification should provide downstream users with sufficient information to perform a hazard assessment specific to their own workplace and to understand how employees must use the chemical product there.
How the November 20 deadline impacts employers
Employers who purchase substances that are aerosols, desensitized explosives, and flammable gases will receive (or may already have received) revised SDSs and see updated container labels with their shipments.
In addition, according to 1910.1200(j), all employers must, as necessary:
- Update any alternative workplace (in-house) labeling per 1910.1200(f)(6);
- Update their HazCom training program required by 1910.1200(h)(1); and
- Provide additional employee training in line with 1910.1200(h)(3) for newly identified physical, health, or other hazards covered by the standard.
Employers will also need to retain any new SDSs they receive. However, if they have not purchased new inventory, they’re not required to contact the manufacturer, importer, or distributor for a new SDS. Still, an employer may proactively request new ones from their suppliers anyway.
Further HazCom compliance dates in paragraph (j)
Chemical manufacturers, importers, and distributors evaluating mixtures (as defined in 1910.1200(c)) based on the new classifications have until November 19, 2027, to reclassify them based on the new criteria, update their SDSs and shipping labels, and otherwise be in compliance with all the modified provisions of the standard for those mixtures.
Also, for mixtures, employers have until May 19, 2028, to update any alternative workplace labeling, update their HazCom training program, and provide additional employee training for newly identified physical, health, or other hazards.
Key to remember: OSHA paragraph (j) to 1910.1200 has several compliance dates for chemical manufacturers, importers, distributors, and employers. One date has already passed, and the next one (November 20, 2026) applies to employers. Two more are slated for November 19, 2027, and May 19, 2028.
Keep reading...Show less
2026-09-17T05:00:00Z
NewsExpert InsightsFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHuman ResourcesHR ManagementEnglishAssociate Benefits & CompensationDiscriminationIndustry NewsDiscriminationHR PoliciesPolicies and ProceduresPregnancy DiscriminationHR GeneralistFocus AreaAssociate RelationsDisabilities and ADADisabilities and ADAReasonable Accommodations
Expert insights – Menstrual/menopause workplace protections
Despite impacting about half the workforce, menstruation- and menopause-related conditions are perceived as “taboo” personal issues in the workplace, according to the U.S. Department of Labor (DOL). This has contributed to a lack of understanding about their impact on workers and what types of policies and support employers can put in place to help improve employee experiences at work.
The PWFA, ADA, and FMLA
No federal law currently provides women with workplace protections for symptoms specifically related to menstruation or menopause. This might possibly be because they’re viewed as life phases and not medical diagnoses. Women who struggle with related incapacities of these conditions often rely on company sick leave or paid time off policies, unless state laws come into play.
The federal Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees to provide a reasonable accommodation to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
Neither the PWFA law nor its regulations include a complete list of those limitations or medical conditions. The regulations do, however, include changes in hormone levels as a related medical condition, without specifically mentioning menopause.
Some courts have grappled with the question of whether menstruation and menopause are aspects of female physiology that are affected by pregnancy, and fit into a reasonable definition of “pregnancy, childbirth, or related medical conditions.” Even if menstruation (or another condition) isn’t found to be “pregnancy, childbirth, or related medical conditions” in a particular case, discrimination based on that condition could still violate Title VII of the 1964 Civil Rights Act's prohibition on sex discrimination.
While menstruation and menopause aren’t disabilities themselves, in some instances symptoms can meet the definitions under the federal Americans with Disabilities Act (ADA).
In some cases, individuals experiencing severe symptoms related to menstruation or menopause transition may qualify for leave under the federal Family and Medical Leave Act (FMLA).
Policies
Employers with policies and practices that address employee menstrual and menopause symptoms can help employees continue to fully participate in and contribute to the workforce. Employers might, therefore, consider implementing the following policies:
- Guaranteeing access to paid sick leave and explicitly citing menstruation- and menopause-related symptoms as allowable reasons to take sick leave, whether for medical appointments or for symptom management, and ensuring that employees and their managers are aware that these are allowable reasons to use sick leave;
- Training workers and managers about the symptoms of menstruation and menopause and how they can impact employees at work, as well as training on existing policies to support workers who are experiencing symptoms;
- Including support services (e.g., connections to appropriate counseling or medical resources) for menstruation and menopause in any employee assistance program offered; and
- Ensuring coverage for menstruation and menopause management and treatments in job-based health insurance.
Key to remember: Employers can take some steps to help keep women with menstrual or menopause symptoms comfortable and productive in the workplace.
Keep reading...Show less
Got a Compliance Question?
We’ve Got You Covered!
Get clear, reliable answers from experts with 500+ years of combined experience.
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.