Regulatory Compliance News & Updates
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EPA, and DOL regulatory compliance.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2026-03-17T05:00:00Z
NewsIndustry NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetySafety and Health Programs and TrainingEnglishFocus AreaUSA
OSHA publishes new Safety Champions Program resources
As part of its newly launched Safety Champions Program, OSHA has published two new resources: a step-by-step guide and a fact sheet. The voluntary, self-guided program is aimed at helping employers develop and implement effective safety and health (S&H) programs to prevent workplace injuries, illnesses, and deaths.
The step-by-step guide helps businesses navigate the seven core elements of OSHA’s Recommended Practices for Safety and Health Programs:
- Management leadership.
- Worker participation.
- Hazard identification and assessment.
- Hazard prevention and control.
- Education and training.
- Program evaluation and improvement.
- Communication and coordination for host employers, contractors, and staffing agencies.
The fact sheet provides an overview of how the program works, eligibility criteria, and key benefits for business participation.
Employers can work at their own pace or collaborate with a Special Government Employee who can evaluate their programs and progress.
The program is open to all private- and public-sector worksites covered by OSHA.
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RECENT INDUSTRY HIGHLIGHTS
2026-03-17T05:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationHours WorkedHR GeneralistFair Labor Standards Act (FLSA)OvertimeIn-Depth ArticleHR ManagementEnglishFocus AreaHuman ResourcesUSA
Court: Employer didn’t owe overtime it didn’t know about
Ignorance is bliss, even when it comes to keeping an accurate payroll.
Employers must pay nonexempt (“hourly”) employees overtime — time and one-half their regular rate of pay — for any hours worked beyond 40 in a workweek. Employers don’t have to pay overtime, however, if they don’t know that employees are working any extra hours. In this case below, ignorance saved the employer in court.
The story
As an agency manager, Jerry supervised a team of insurance agents. The employer classified all agency managers, including Jerry, as independent contractors. Jerry:
- Set his own schedule,
- Decided how many hours he worked every day, and
- Had no obligation to track his time, and
- Didn’t have to disclose to the company the hours he worked.
The employer didn’t supervise Jerry’s hours worked or his completion of daily tasks. The employer paid Jerry a commission for policies sold and renewed.
In November 2019, Jerry sued the employer, challenging his classification as an independent contractor. Claiming to be an employee of the company, he sought unpaid overtime under the Fair Labor Standards Act (FLSA).
The court’s ruling
Bad news for the employer: The court ruled that it should have classified Jerry as an employee (not an independent contractor) and that he had worked at least 816 hours of overtime. The bigger issue, however, was whether or not the employer knew about Jerry’s extra hours worked.
Jerry argued that the employer owed him overtime pay because it “suffered” or “permitted” him to work as much as he wanted. Because the employer allowed him to work unlimited hours, Jerry argued that the employer’s knowledge of his overtime work was irrelevant.
The court disagreed. Allowing Jerry to work as much as he wanted can’t mean the employer automatically owed him for any time he happened to work overtime, regardless of the employer's knowledge of those overtime hours. Rather, employees claiming to be entitled to overtime pay must be able to prove that employers knew employees were working overtime.
Employers don’t need to be clairvoyant
Employees must notify employers when they’re working extra hours. If employers neither knew nor had reason to believe that overtime work was being performed, that time doesn’t constitute “hours worked” under the FLSA.
The employer in this case didn’t know, or should have known, about Jerry’s overtime.
Jerry then argued that the employer should have known because it made “no effort” to record his time despite an alleged legal requirement to do so. This lack of a timekeeping system, he claimed, showed the employer’s failure to exercise “reasonable diligence” to find out about his overtime. Jerry went on to say that he had no “common-law” duty to notify the employer of his overtime; his only duty was to comply with the company’s timekeeping system, which didn’t exist.
The court again disagreed with Jerry on these two points:
- It was his burden to show the employer knew he was working overtime.
- An employer’s failure to maintain a timekeeping system in itself doesn’t mean the employer should have known about an employee’s overtime work.
The employer didn’t require agency managers to track their time, nor did it pay them hourly. Consequently, it had no reason to think of Jerry’s work in terms of “regular time” versus “overtime” hours.
Meritt v. Texas Farm Bureau et al., Fifth Circuit Court of Appeals, No. 24-50127, February 6, 2026.
Key to remember: The FLSA doesn’t require employers to pay overtime if employees don’t tell them about it.
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NewsIndustry NewsEnglishHR GeneralistIn-Depth ArticleUSAHR ManagementWellnessWellnessFocus AreaHuman Resources
Bring some green indoors to enhance job performance and employee well-being
Green is the color of March, as it signals the St. Patrick’s Day holiday as well as the emergence of spring. Did you know that bringing some green into your workplace can have benefits year-round?
A Harvard Business Review study found that bringing small pieces of nature into the workplace positively impacts employee performance and well-being.
The potted plant test
Researchers tested their theory by going into an office at night and placing potted plants by the desks of some employees. They placed office supplies on other employees’ desks.
The employees who were exposed to this small dose of nature displayed higher job performance, an increased desire to help, and enhanced creativity. No one was negatively impacted.
Bringing nature indoors
Live plants can’t be part of every work setting, but they’re not the only way to bring the benefits of nature indoors.
Nature-related elements can include:
- Windows with views of nature
- Indoor water features
- Murals of natural scenes
- Artificial plants or flowers
- Fish aquariums
Design features related to nature can also be more significant and included in building plans. For example, investing in landscaping designs outside office windows or having an indoor garden are ways to positively impact employees.
These options don’t have to break the bank or require a pot of gold, however. Simply allowing employees to place potted plants by their desks is an inexpensive way to enhance the workplace.
With a little luck, everyone will reap the benefits for having a little more green nearby.
Key to remember: Bringing natural touches to the workplace can have a positive impact on job performance, cooperation, and creativity.
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2026-03-16T05:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyFocus AreaIn-Depth ArticleEnglishOSHA Violations and PenaltiesUSA
Safety pays – Or else you might!
Justification for safety-related cutbacks are plenty — inflation, scheduling, etc. You may have even heard things like, “This is how we’ve always done things,” “There’s no way that could happen here,” or “OSHA doesn’t have enough people to inspect us.” However, not only is providing a safe workplace the right thing to do even during tight constraints, but it has also been proven time and time again that safety does pay. Let’s explore how!
The cost of non-compliance
Lack of time is often cited as rationale for bypassing safety protocols. However, while time pressures are a reality in every workplace, a proactive approach to safety helps prevent incidents and minimize potentially devastating long-term results.
The cost of workplace non-compliance with safety regulations can be staggering, including the human impact, operational disruption, financial penalties, and in some cases, damage to the company’s reputation. Non-compliance can lead to workplace accidents, injuries, or fatalities, which affect employee morale and productivity. Companies sometimes wait, however, to learn that failing to meet safety standards risks incurring hefty regulatory fines, lawsuits or potential criminal charges, and even increased insurance premiums.
There is no price tag attached to losing a loved one! However, there are monetary costs that are easy to see regardless of the industry. Here are just a few examples of the financial fallout of non-compliance in 2025:
- Construction - Workplace drowning
- The safety cost: The estimated cost of one fall harness ($400-1000) and employee training.
- The final cost: A Florida painting contractor was cited for 5 willful and 3 serious violations totaling over $877,000 for failing to ensure employees used fall protection and life jackets while working on a bridge resulting in a drowning death of one of their workers. An additional $26,480 was proposed for the controlling contractor of the site as well.
- Railroad - Suffocation
- The safety cost: The estimated cost of proper atmospheric testing, ventilation, rescue planning, and employee training.
- The final cost: OSHA proposed a fine of $602,938 to an environmental services contractor for failing to protect workers from lethal environments, one of which lost their life while working inside a railroad tanker car. The confined space had oxygen readings as low as 5% oxygen; however, permit-required confined space safety measures were not implemented. These included not only proper atmospheric testing, but also ventilation and a non-entry rescue plan.
- Entertainment - Crushing
- The safety cost: The estimated cost of performing a structural risk assessment and engineering analysis followed by employee training, which can vary greatly.
- The final cost: Two event production companies were cited by OSHA after a worker death for serious violations related to failing to maintain structural stability during the setup of staging for a concert. One company paid $19,860 in fines while the other is contesting additional fines.
These consequences, only 3 of many for 2025, underscore the importance of investing in proactive safety measures and fostering a culture of compliance to protect both people and the business.
A free tool for cost impact
Not sure how these stories apply to you in a fiscal way? OSHA has a tool to help! Their Safety Pays Program offers a way for employers to assess the impact workplace injuries and illness would have on their bottom line. Though not a detailed analysis tool, the estimator casts some light on the cost of injuries, illness based on your profit margin and an indirect cost multiplier showing how much your sales department would need to generate to cover those costs.
Once you’ve seen the costs of non-compliance for yourself, you can start working toward improving safety compliance. This can be done through fostering a proactive safety culture that benefits from:
- Leadership commitment through visibly supporting safety initiatives and allocating necessary resources to ensure compliance.
- Employee engagement where workers feel free to report hazards or safety concerns, participate in safety committees, and contribute ideas for improvement.
- Clear policies and procedures that are regularly reviewed and updated to ensure alignment with regulatory standards and easily accessible to all employees.
- Regular audits and inspections to identify hazards, verify compliance, and address gaps before they lead to incidents.
- Training and education so employees understand their roles, exposures, and risks while ensuring employees understand both the “how” and “why” of safe practices.
- Leveraging technology for assessing risks, tracking incidents, managing corrective actions, and analyzing safety data to guide decision-making.
Key to remember: Investing as much time, money, and resources into workplace safety not only protects employees, but it also reduces operational risks and helps organizations avoid costly regulatory citations.
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2026-03-16T05:00:00Z
NewsIndustry NewsWater PermittingWater ProgramsEnvironmentalIn-Depth ArticleCWA ComplianceStormwaterEnglishFocus AreaUSA
Key questions in industrial stormwater compliance
Industrial stormwater compliance can feel complex for facilities balancing operations, employees, and shifting permit requirements. Many questions center on the federal general permit, pollution prevention plan expectations, monitoring, and what to do in everyday situations where stormwater risks arise. The following sections summarize core topics and practical concerns.
What is the current status of the federal 2021 Multi-Sector General Permit (MSGP)?
EPA issued the current MSGP in 2021, and it remains in effect beyond its February 28, 2026 expiration until EPA finalizes the proposed 2026 MSGP. Because the proposed 2026 permit is still under review, the 2021 MSGP continues to govern covered facilities.
Why has the proposed 2026 MSGP not taken effect?
EPA released the proposed 2026 MSGP in December 2024. Public comments, including an extended comment period ending May 19, 2025, must be reviewed before finalizing the permit. Since the existing MSGP remains valid until replaced, the 2021 permit stays in force while EPA completes its process.
What is a Stormwater Pollution Prevention Plan (SWPPP)?
A SWPPP outlines how a facility prevents pollutants from reaching stormwater. It identifies pollutant sources, control measures, inspection routines, monitoring steps, and staff training. A SWPPP must be written before submitting a Notice of Intent (NOI) for permit coverage and updated when operations or stormwater risks change.
What are the requirements for authorized state stormwater permits?
Most states issue their own industrial stormwater permits modeled on the federal MSGP. These permits typically require:
- Preparation and maintenance of a SWPPP;
- Inspections and monitoring (such as benchmark, effluent, or visual monitoring);
- Corrective actions when control measures fail; and
- Reporting through state online systems.
States may add requirements based on local conditions. When EPA updates the MSGP, states often revise their permits to align with new federal standards.
Who needs coverage under the MSGP?
Industrial facilities that discharge stormwater to waters of the United States generally need permit coverage unless they qualify for a no‑exposure exclusion. The federal MSGP applies in areas where EPA, not the state, holds National Pollutant Discharge Elimination System (NPDES) authority.
How does a facility obtain coverage?
To obtain coverage, a facility must:
- Prepare and implement a SWPPP;
- Put pollution controls in place, such as good housekeeping and spill prevention;
- Identify sector specific requirements based on the permit; and
- Submit a Notice of Intent through EPA’s online system.
The proposed 2026 MSGP includes updated forms and appendices, but current requirements remain based on the 2021 version until a new permit is published.
What monitoring is required?
Under the 2021 MSGP, required monitoring may include:
- Quarterly visual assessments,
- Benchmark monitoring in designated years, and
- Effluent limitations monitoring for specific regulated discharges.
The proposed 2026 MSGP would expand per- and polyfluoroalkyl substances (PFAS) sampling, increase benchmark monitoring frequency, and add requirements for impaired waters. These changes remain pending.
What happens if benchmark thresholds are exceeded?
A benchmark exceedance requires the facility to investigate causes, improve control measures, and document actions in the SWPPP. The proposed 2026 MSGP would formalize additional implementation measures and reporting steps, but these wouldn’t apply until the new permit takes effect.
What about common real world compliance scenarios?
Industrial stormwater issues often arise from everyday activities. Consider these examples:
Employees’ vehicles leaking oil in parking lots
Leaks from employee vehicles can contaminate stormwater. While the MSGP does not regulate personal vehicles directly, the facility is responsible for any pollutants that enter stormwater from its property. Good housekeeping practices include absorbent stations, spill kits, drip pans, and designated parking areas with routine inspection.
Nonroutine outdoor maintenance
Temporary outdoor activities such as conducting maintenance, unloading equipment, or staging materials, can introduce pollutants. The SWPPP should address nonroutine tasks by requiring temporary controls like tarps, containment pads, or scheduling activities during dry weather. Documentation of these activities is also part of good recordkeeping.
Outdoor waste storage or scrap piles
These materials should be covered or sheltered, kept away from storm drains, and inspected frequently. If runoff contacts industrial materials, the discharge becomes regulated and must be managed under the permit.
These scenarios reinforce the need for strong housekeeping practices, staff training, and prompt corrective actions.
What documentation must facilities keep?
Facilities must maintain monitoring records, inspection logs, SWPPP updates, and corrective action reports. EPA may request these documents at any time. Appendices in the proposed 2026 MSGP preview updated forms, but the 2021 requirements remain in place for now.
What should facilities do while waiting for the 2026 MSGP?
Facilities should continue full compliance with the 2021 MSGP, track regulatory updates, and prepare for more frequent monitoring and PFAS sampling likely included in the 2026 permit. Reviewing proposed changes now helps facilities plan needed SWPPP updates in advance.
Key to remember: Industrial facilities covered under the 2021 MSGP or a state equivalent must continue following that permit until EPA issues a new federal MSGP. Staying informed, maintaining strong housekeeping, and keeping SWPPP documentation current remain the most effective strategies for compliance.
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2026-03-16T05:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierDefensive drivingCMV drivingFocus AreaIn-Depth ArticleEnglishTransportationUSA
Don’t let the highway hypnotize you
If you’ve ever reached your destination with little recollection of the last ten minutes, you may have been the most dangerous thing on the highway.
This common occurrence, known as highway hypnosis or white line fever, is a dulled, trance-like state of mind brought on by the monotony of the road. This detached mental state, although not true hypnosis, can be brought on by boredom and staring at, for example, the white lines or a snow shower in the vehicle’s headlights.
A form of distracted driving
Just like fidgeting with something on the dashboard or talking on a cell phone, highway hypnosis is a form of distracted driving. It’s often referred to as “driving without attention.” It may be just as dangerous as nodding off, because reaction time is hindered. The least-case scenario — if you’re lucky — is a near miss, such as crossing over the center line. The worst-case scenario might be hurting — or even killing — yourself or someone else.
Understand the causes
If you know what triggers highway hypnosis, you might be able to prevent it. Consider the following causes:
- Miles of dull landscape with very little scenery changes
- Operating a vehicle at one speed on long stretches
- Traveling alone
- Traveling long distances, creating a tunnel vision on the road ahead
- Being overly confident and not paying as much attention to your surroundings
- Fatigue, including driving a lot of hours in a day without a break
- Wandering mind (daydreaming)
- A warm cab
- A heavy meal
- Night driving
Tips on preventing a wandering mind
What are some solutions to stay attentive? Your first impulse might be to consume caffeine. It may help in the short term, but if the problem is truly fatigue, you need to be realistic and pull over for rest.
Taking a short break to stretch may help you refocus. But you don’t have to wait until the next fuel to stop. Consider taking a short break, for example, every 100 miles. However, you must keep security in mind when pulling over.
Other countermeasures include:
- Keeping the cab on the cool side. In the summer, use air conditioning, and during other seasons, open the vehicle’s window a crack.
- Listening to music.
- Moving your eyes by:
- Looking across the landscape, even if it is a flat stretch with minimal trees or buildings.
- Glancing in the rearview and side mirrors and at the items on your dash.
- Reading road signs and billboards
- Keeping an active mind through mental activity such as recalling the day’s events, conversations, or other memory tests.
- Maintaining proper posture. Sit up straight and don’t slouch.
Key to remember: “Driving without attention” is just as serious as other forms of distracted driving. Be proactive to reduce the chance of experiencing dulled senses.
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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.