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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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2026-08-14T05:00:00Z
NewsIndustry NewsHazmat SafetyExpert InsightsFocus AreaShipping papers - HazmatShipping papers - HazmatEnglishTransportationUSA
Expert Insights: Hazmat communication matters
One thing I've learned over the years working with hazmat is that communication is everything. Whether you're a shipper, driver, inspector, warehouse employee, or emergency responder, everyone involved in the transportation process depends on accurate information to do their job safely and effectively.
When people think about communication, they usually think of conversations, emails, or training sessions. However, in the hazmat world, some of the most important communication happens without a single word being spoken. Markings, labels, placards, and shipping papers all serve as critical sources of information. They tell people what's inside a package, what hazards may be present, how the material should be handled, and what actions to take if an incident occurs.
Think about how quickly important information can be communicated through a placard. Before a trailer door is opened or shipping papers are reviewed, a placard can immediately alert someone that a load contains hazardous materials and may require special precautions. A hazard label can warn employees about corrosive or flammable contents. A UN number can help emergency responders identify a material and access the information they need during an emergency. These aren't just regulatory requirements. They're tools designed to protect people, property, and the environment.
Unfortunately, the opposite is also true. Missing, damaged, or incorrect hazard communication can create confusion at the wrong moment. A mislabeled package can slow down a response, increase risk, and lead to costly compliance violations. More importantly, it can put workers, responders, and the public in harm's way. I've seen many enforcement cases over the years where the underlying issue wasn't a lack of regulations. It was a breakdown in communication.
That's why it's important to view hazard communication as more than a box to check. Every marking, label, placard, and shipping description serves a purpose. Together, they create a consistent message that follows a shipment throughout its journey, providing the information people need to make safe decisions along the way.
So, whether you're preparing a shipment, conducting training, or reviewing your company's procedures, take a moment to consider the message you're sending. Are your hazard communications accurate, complete, and easy to understand? Because when it comes to hazmat, the right message at the right time can make all the difference.
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2026-08-14T05:00:00Z
NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceToxic Substances - EPAEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
TSCA Exposure Control Plan: 5 FAQs answered
Do you have a toxic work environment — literally? For facilities that handle chemicals, the answer is likely yes. And for specific chemicals, federal environmental regulations require facilities to protect workers by controlling their exposure to these substances.
The Workplace Chemical Protection Program (WCPP) is one way the Environmental Protection Agency (EPA) protects potentially exposed workers from hazardous chemicals in the workplace. And at the core of the WCPP is the Exposure Control Plan (ECP); it’s the roadmap documenting how a facility will keep its employees safe. If your business manufactures (including imports), processes, distributes, uses, or disposes of a chemical substance subject to risk management regulations under Section 6 of the Toxic Substances Control Act (TSCA), an ECP may be required.
Consider these FAQs to help you implement an effective ECP that guards your workers against a “toxic work environment."
What’s an ECP?
An ECP is a strategic document explaining:
- What exposure controls the facility takes to reduce occupational exposure to a regulated chemical to or below EPA’s exposure limits; and
- How the facility will implement the other WCPP requirements (such as implementing exposure controls, establishing regulated areas, and providing training).
Any time a facility uses a TSCA Section 6 chemical that’s subject to the WCPP regulations (40 CFR Part 751), an ECP is required. This applies even if exposure monitoring determines that the concentration of a regulated chemical substance is below the existing chemical exposure limit or action level.
How do you develop an ECP?
Owners or operators must establish an ECP using the hierarchy of controls framework, following a sequence of actions to identify the control measures that will best reduce hazardous workplace exposures. The hierarchy of controls is ordered from the most to the least effective methods:
- Elimination stops the use of the chemical.
- Substitution replaces the chemical with a safer alternative.
- Engineering controls prevent people from coming into contact with the chemical (e.g., local exhaust ventilation and protective barriers).
- Administrative controls establish work practices that reduce the duration, frequency, or intensity of chemical exposure (like limiting access to exposure areas).
- Personal protective equipment (PPE), such as respirators, reduces or mitigates exposure.
EPA requires owners or operators to consider every level of the hierarchy. PPE should be a last resort and used only when other controls aren’t possible or when other methods don’t sufficiently reduce hazardous exposure to safe levels.
What’s in an ECP?
Generally, an ECP must include the following:
- The exposure control measures that were considered using the hierarchy of controls;
- The reason why each control measure was selected or not selected based on feasibility, effectiveness, or other relevant information;
- The actions required to implement the selected controls (e.g., installation, maintenance, training);
- The regulated areas (workplace locations where worker exposure may exceed exposure limits), how they’re identified, and the people authorized to enter them;
- The process for reviewing and updating the ECP to ensure that the exposure controls are effective, updated when needed, and properly implemented; and
- The procedures for responding to new sources of or increases in exposure to the regulated chemical, including taking corrective actions.
Owners or operators must review and update ECPs when making major changes to the WCPP. However, EPA’s chemical-specific rules limit the length of time between reviews. The review frequency in the chemical-specific rule is the minimum requirement.
For example, the perchloroethylene rule (751.607) requires facilities to review and update the ECP at least every 5 years, while the chrysotile asbestos rule (751.511) requires facilities to review and update the ECP at least annually.
Can an ECP be added to an existing safety program?
Yes! Owners or operators can either:
- Incorporate the ECP into an existing industrial hygiene or chemical management program (like a chemical hygiene plan) if the ECP contains all the required components, or
- Develop an individual document for the ECP.
Can one ECP be used for multiple regulated chemicals?
EPA allows owners or operators to develop one standalone ECP that covers multiple chemicals subject to TSCA Section 6 regulations if the plan complies with each chemical’s specific requirements.
Key to remember: The Exposure Control Plan explains how a facility will implement the Workplace Chemical Protection Program and the exposure controls needed to protect workers from hazardous chemical exposures.
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2026-08-13T05:00:00Z
NewsIndustry NewsFleet SafetyEntry-Level driver trainingEntry-level driver trainingHazmat SafetyFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Hauling hazmat starts with ELDT
Hauling hazardous materials is serious business. For the driver, it comes with higher expectations and requirements, including adding a hazmat endorsement to their CDL.
To add this endorsement, a CDL holder must complete a course of entry-level driver training (ELDT) designed to prepare them for the unique challenges of transporting hazardous materials safely and compliantly.
Instructional requirements
The ELDT regulations require theory instruction from a training provider listed on the Federal Motor Carrier Safety Administration's (FMCSA) Training Provider Registry (TPR). The curriculum is outlined in Appendix E to Part 380 and covers 13 hazardous materials topics:
- Basic introductory hazardous materials requirements,
- Operational hazardous materials requirements,
- Reporting hazardous materials crashes and releases,
- Tunnels and railroad-highway grade crossing requirements,
- Loading and unloading hazardous materials,
- Hazardous materials on passenger vehicles,
- Bulk packages,
- Operating emergency equipment,
- Emergency response procedures,
- Engine (Fueling),
- Tire check,
- Routes and route planning, and
- Hazardous materials safety permits.
There is no minimum number of hours required for the theory instruction. However, drivers must complete a written assessment and achieve an overall score of at least 80 percent.
Instructor Requirements
A hazardous materials theory instructor must hold a CDL that includes a hazmat endorsement. The instructor must have either:
- A minimum of two years of experience driving a commercial motor vehicle requiring a CDL, including the hazmat endorsement; or
- A minimum of two years of experience as a behind-the-wheel commercial motor vehicle instructor.
Knowledge test
When a driver successfully completes this course of instruction, the training provider electronically submits the completion information to the TPR.
Once the driver’s state driver licensing agency receives this information and the driver successfully completes the required Transportation Security Administration (TSA) background check, they may take the hazmat endorsement knowledge test.
Key to remember: Hauling hazardous materials starts with ELDT. Before obtaining a hazmat endorsement, CDL holders must complete required theory training from an approved provider, pass a background check, and successfully complete the hazmat knowledge test.
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2026-08-13T05:00:00Z
NewsIndustry NewsSexual HarassmentSexual HarassmentHR GeneralistIn-Depth ArticleUSAAssociate RelationsEnglishHR ManagementFocus AreaHuman Resources
Court recognizes employer’s smart handling of employee’s harassment complaint
Employers that believe in taking employee complaints seriously and acting quickly had those practices affirmed by a recent decision from the U.S. Court of Appeals for the Sixth Circuit.
In Hamm v. Pullman SST, Inc., (6th Cir. 2026), the court affirmed a lower court’s dismissal of an employee’s case in favor of the employer on hostile work environment and retaliation claims.
The decision shows employers the benefits of maintaining strong anti-harassment policies, conducting thorough investigations, and documenting how decisions about complaints are made.
The plaintiff in Hamm filed a formal internal complaint to his company’s HR department, alleging he had been harassed for months after sharing with a coworker that he was bisexual.
The employee had previously complained informally, but the problem persisted, prompting him to escalate the matter.
As soon as the employee filed the formal complaint, members of the HR department started an investigation by appointing an investigator who interviewed the employee and nine of his coworkers.
The investigation was largely unable to corroborate the employee’s specific allegations of sexual orientation-based harassment. One coworker did admit to using inappropriate language toward the complaining employee, but it was unrelated to his sexual orientation.
Even though there was little corroborating evidence, the company took preventative steps. Specifically, the company:
- Gave a written warning to the harassing employee who admitted to using inappropriate language,
- Required supervisors to attend anti-harassment training, and
- Required all employees to reread and re-sign the company’s anti-harassment policy.
Also, after reviewing the investigation findings with the complaining employee, the company offered to reassign him to a new job site following his medical leave, which the employee extended twice due to anxiety and panic attacks.
After attempts to reassign the employee failed, the company accepted the employee’s voluntary resignation when he didn’t return to work. The employee then filed a lawsuit.
Hostile work environment?
Several factors compelled the court to rule for the employer. For example, the court found the strong anti-discrimination policy, clear reporting procedure, immediate investigation, and follow-up with the employee to be very favorable for the employer.
Importantly, the appellate court found that despite the investigation’s lack of corroborative findings, the company still took preventative measures to discourage any future harassment not only with other employees, but also with the complaining employee by allowing reassignment and granting medical leave.
Court’s analysis of the retaliation
The employer said it terminated the employee because he refused to accept any job reassignment options offered to him. The appellate court agreed, relying on what is known as the “honest belief” doctrine, which applies if an employer has a strong defense against a retaliation claim because it genuinely and honestly believed it had a legitimate reason for the termination.
The employee in this case argued that the employer’s stated reason was just a cover for the real, retaliatory motive. The appellate court found no evidence to support that argument.
What this case teaches other employers
This decision reinforces several best practices that all employers should implement to protect their employees and the organization, including:
- Adopt strong anti-harassment and anti-discrimination policies. The existence of a written policy with a clear reporting procedure was a crucial factor in the appellate court’s analysis. Make sure all harassment policies are current, accessible, and distributed to employees.
- Investigate promptly and thoroughly. Launching an investigation immediately after receiving the complaint was key to the court’s ruling in favor of the employer. Employers are wise to develop and follow a standardized investigation protocol that ensures complaints are addressed promptly.
- Be proactive, even if evidence is inconclusive. The appellate court noted the steps the company took even when the investigation couldn’t fully corroborate the complaint. Such measures show a good faith effort toward compliance and ultimately protecting their workers.
Key to remember: Hamm v. Pullman SST, Inc. is a reminder that employers that respond to harassment complaints with prompt and appropriate action are better positioned to defend against litigation. This decision underscores that courts look favorably at employers that don’t wait for conclusive proof of wrongdoing before acting, but instead take meaningful, preventative steps to protect their workforce.
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2026-08-13T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyClassification - HazmatMaterials of trade - HazmatHazmat: HighwayHazmatFocus AreaFleet OperationsHazmat EnforcementEnglishTransportationUSA
More flexibility for emergency response information
PHMSA finalized HM-268D, a rule that allows carriers and facility operators to maintain emergency response information electronically rather than carrying a paper copy. This change shows how many organizations operate today and creates new opportunities to leverage digital compliance tools while still maintaining access to trusted emergency response resources.
Prior to HM-268D, emergency response information had to be available in hard-copy format. Under the final rule, starting September 3, 2026, emergency response information may be maintained electronically, including through mobile devices and apps. However, organizations remain responsible for ensuring that information is readily accessible when it is needed, especially during transportation incidents or emergency response situations.
Digital convenience meets proven reliability
For most in the hazmat industry, the ability to provide emergency response information electronically is a welcome change. Mobile technology has become part of everyday operations, and employees increasingly rely on smartphones and tablets to access the information they need. The J. J. Keller® ERG Mobile App offers quick access to emergency information, making it easier to locate guidance during transportation and emergency response situations. It can be a convenient option for drivers, supervisors, safety professionals, and others who need information at their fingertips.
At the same time, the printed ERG remains an important resource. It doesn't rely on batteries, internet access, cellular service, or the condition of an electronic device. During a power outage, in a remote location, or when a device isn't available, the printed ERG is ready when it's needed. Because of that reliability, many organizations continue to keep printed ERGs available throughout their fleets, facilities, and response teams.
Why many organizations choose both
Rather than replacing one resource with another, HM-268D gives organizations more flexibility in how they manage emergency response information. Many companies may find the best approach is to use both digital and printed resources. The ERG Mobile App provides fast, convenient access to information, while the printed ERG offers a dependable backup when technology isn't available. Together, they help support a more comprehensive emergency response information strategy while ensuring critical guidance remains accessible when every second counts.
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2026-08-13T05:00:00Z
NewsIndustry NewsCERCLA, SARA, EPCRA CERCLA, SARA, EPCRATSCA ComplianceWaste/HazWasteCAA ComplianceEnvironmentalIn-Depth ArticleCWA ComplianceEnglishSARA ComplianceFocus AreaUSA
The environmental compliance program hiding in your chemical inventory
Environmental programs may appear unrelated, but most rely on accurate information about the chemicals a facility uses, stores, or generates. Air permits, hazardous waste determinations, emergency planning, chemical reporting, and spill response programs all depend on knowing what chemicals are on site.
Yet chemical inventory management is often divided among multiple departments. Purchasing tracks what comes in, operations tracks what is used, maintenance stores products for later use, and environmental staff may only become involved when reporting deadlines approach. When inventories are incomplete or outdated, compliance problems can quickly follow.
A single source of truth supports multiple programs
Before a facility can determine its environmental obligations, it must first understand what chemicals are present on site.
The information contained in a chemical inventory supports numerous environmental programs, and different inventory data serve different purposes. Product quantities may affect EPCRA reporting. Chemical constituents help identify TRI chemicals and estimate releases. Usage data support air emissions calculations, while information about spent materials can help determine whether hazardous waste rules apply. Storage quantities, container types, and locations may also affect spill prevention and emergency response planning.
Consider a facility that introduces a new solvent for equipment cleaning. Purchasing may view it as a routine substitution, but the environmental implications may be much broader. The solvent may contain volatile organic compounds (VOCs) that affect air permits, TRI-listed constituents, or chemicals subject to EPCRA. If the spent solvent is discarded, hazardous waste regulations may also come into play. A complete inventory and chemical review process can identify these issues before the product enters service.
When departments maintain separate inventories using different data sources, inconsistencies can develop. One database may show a product as active while another indicates it is no longer used. A chemical stored in a maintenance room may never make its way into environmental records. These gaps can create reporting errors and complicate inspections.
Small changes can have large compliance impacts
Chemical inventories are not static. New products are introduced, suppliers change formulations, production processes evolve, and maintenance departments purchase materials to address operational needs.
Even seemingly minor changes can affect compliance programs. A reformulated product may contain a reportable constituent that it did not contain previously. A new coating operation may increase air emissions. Additional chemical storage may trigger emergency planning requirements or affect secondary containment needs.
Without a chemical review process involving environmental, safety, operations, and purchasing personnel, facilities may not recognize these implications until well after a change has occurred. This approach helps identify regulatory concerns before products are ordered, stored, or put into use.
Inspections often begin with inventory questions
Environmental inspectors often compare records against actual site conditions. Chemical inventories frequently become a focal point because they intersect with multiple regulatory programs.
Inspectors may compare inventory records with container labels, safety data sheets (SDSs), storage areas, waste accumulation locations, or reported chemical quantities. Discrepancies can raise questions about reporting accuracy and program oversight.
A well-maintained inventory shows that a facility has systems to manage compliance and allows personnel to quickly answer questions about chemical storage and use.
Building a stronger inventory program
The challenge is deciding what information to track and how to keep it current. An effective chemical inventory program does not need to be complicated, but it should be consistent.
At a minimum, facilities should track product names, storage locations, quantities on site, usage rates, SDS information, and key chemical constituents. Different data elements support different programs. Storage quantities may affect EPCRA reporting, chemical constituents may drive TRI evaluations, and usage rates often provide critical data for air emissions calculations. Some organizations also identify whether a product contains TRI chemicals, hazardous air pollutants (HAPs), VOCs, PFAS, or other substances subject to reporting or permitting requirements. Centralizing this information can simplify environmental evaluations throughout the year.
Facilities should establish clear ownership of inventory data, periodically verify inventory accuracy in the field, review new chemicals before purchase, and ensure information is shared across departments. Environmental staff should also periodically compare inventory data against reporting submissions, air permits, waste records, and emergency planning documentation. The goal is not simply to maintain a list of chemicals, but to create a reliable foundation for environmental decision making. A well-managed inventory supports air permitting, chemical reporting, emergency planning, spill prevention, and hazardous waste programs. When inventory data is accurate and readily available, environmental professionals spend less time chasing information and more time managing compliance risks.
Key to remember: Chemical inventory management is more than a recordkeeping exercise. A complete and accurate inventory provides the information needed to support air, waste, emergency planning, spill prevention, and chemical reporting programs, helping facilities identify compliance obligations before problems arise.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.