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2026-08-11T05:00:00Z
NewsIndustry NewsCrystalline SilicaToxic and Hazardous Substances - OSHAIn-Depth ArticleEnglishFocus AreaToxic and Hazardous Substances - OSHAUSA
Silica Safety from Dust to Dawn
Are you excited about that new building or home renovation? Warning: there may be a predator in your plan! Silica seems to be making a grand new appearance because of the popularity of artificial stone in flooring and countertops. It’s an extremely functional compound with many uses, but exposure to respirable crystalline silica dust can have significant health consequences, particularly for workers in certain industries.
The most common form of crystalline silica is quartz, which is found in sand, clay, gravel, and other rock forms. It especially likes to lurk in engineered materials that contain more crystalline silica by weight than natural stones like marble or granite.
Blasting, cutting, and grinding these engineered stone slabs is known to produce dust containing harmful silica that can enter the lungs and eventually be fatal. The silica particles are so small, they are unnoticeable so many workers may not realize they are at risk. This is why OSHA has established a National Emphasis Program (NEP) to reduce or eliminate worker exposure to silica. The NEP establishes a permissible exposure limit (PEL) of 50 micrograms per cubic meter (µg/m3) as an 8-hour time-weighted average (TWA).
How can silica be fatal?
Silica itself is not dangerous. However, when it’s disturbed and becomes airborne, it’s a force to be reckoned with. The crystalline silica particles are so small, they easily bypass the body’s natural defense mechanisms and make their way deep into the lungs. Eventually, exposed workers develop a chronic and progressive scarring of the lungs, known as silicosis.
Once the lungs are scarred enough, they lose elasticity and can no longer function. Those with silicosis may experience:
- Shortness of breath and persist coughing,
- Chest pain,
- Fatigue,
- Weight loss, and eventually
- Respiratory failure.
Silicosis also can worsen other health issues, such as lung cancer and kidney disease, making the situation even more deadly.
Who is most susceptible?
Construction workers lead the pack for industries most at risk for silica exposure. However, that doesn’t mean other industries shouldn’t be on alert. In fact, OSHA estimates that about 2.3 million U.S. workers are exposed to silica.
Anyone dealing with silica-containing materials are at risk. These materials include:
- Granite, marble, quartz;
- Concrete, brick, and ceramic tiles;
- Glass;
- Manufactured stone slabs;
- Roofing tiles;
- Grouts, mortar, and joint compounds;
- Talcum powder;
- Asphalt;
- Some food additives; and
- Abrasive blasting materials.
The increase of silicosis diagnosis among artificial stone countertop workers is staggering and is causing irreversible lung damage and early death. Sadly, lung transplantation may be the only life-saving option for those who can overcome delayed diagnosis and health insurance challenges.
This problem has been highlighted by just one state. An April 2025 report from California's Department of Public Health (CDPH) revealed:
- 15 deaths from silicosis
- 294 medically diagnosed cases
- 31 lung transplants
- 26 additional transplant referrals
What can be done about it?
Reducing or eliminating silica exposure requires:
- Performing risk and hazard assessments to determine where silica exposure may occur;
- Prioritizing engineering controls (e.g., wet methods, ventilation, etc.) to control airborne silica and silica dust;
- Implementing administrative controls to reduce exposure time and frequency;
- Issuing appropriate personal protective equipment (PPE);
- Monitoring employee health with medical surveillance and screening;
- Complying with regulatory requirements; and in some cases,
- Banning artificial stone products with specified silica content percentages.
Key to remember: Silica is everywhere and it is wreaking havoc on our workers. Exposure, especially from engineered stone, poses severe health risks, making strict controls and OSHA compliance essential for protecting workers.
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2026-08-11T05:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
The final word on HM-268 part 1
PHMSA has finalized the first nine rules in the HM-268 series, converting several 2025 proposals into regulatory changes affecting hazmat shippers, carriers, and other regulated parties. Most of these rules become effective on September 3, 2026, except HM-268E, which has a later effective date of December 2, 2026.
HM-268A: Updating the aerosol definition
PHMSA revised the definition of an aerosol to include aerosols that contain and dispense only gas. Previously, the HMR definition required the gas to expel a liquid, paste, or powder. The change aligns the HMR with international standards and may reduce the need for special permits when shipping qualifying gas-only aerosol products.
HM-268B: Smaller limited quantity markings
Shippers using the limited quantity exception now have greater flexibility when marking packages. PHMSA authorized a reduced-size limited quantity marking that may be incorporated directly into a shipping label for qualifying domestic highway, rail, and vessel shipments. The reduced marking cannot be used for air transportation and certain other applications.
HM-268C: Expanded materials of trade relief for lithium batteries
Industries such as construction, landscaping, entertainment, and food service increasingly rely on lithium battery-powered equipment. PHMSA updated the Materials of Trade (MOT) exception by increasing allowable lithium battery quantities and providing additional flexibility for transporting batteries used in conducting a business.
HM-268D: Electronic emergency response information
Carriers may now use electronic emergency response information (ERI) in place of paper documents. Emergency response information can be maintained and displayed electronically, provided it is immediately available when required.
HM-268E: Eliminating a duplicate hazardous substance list
PHMSA removed its duplicate list of CERCLA hazardous substances and now relies on EPA's list found in 40 CFR 302.4. The change simplifies regulatory maintenance by eliminating the need for PHMSA to maintain a separate list while preserving the underlying hazardous substance requirements.
HM-268F: Continued use of certain special permit packaging
Companies may continue using qualifying packaging authorized under an expired special permit, provided the packaging remains in compliance with the conditions established under the original permit. This addresses situations where packaging remains safe and compliant even though a permit holder no longer renews the authorization.
HM-268G: Simplified special permit renewals
PHMSA removed the requirement to submit special permit and approval renewal applications at least 60 days before expiration. Holders may now submit renewal applications at any time on or before the expiration date.
HM-268H: Electronic payment of registration fees
PHMSA finalized its transition away from paper check payments by requiring hazardous materials registration fees to be submitted electronically.
HM-268I: Electronic registration documents
Motor and vessel carriers may now carry PHMSA registration certificates electronically rather than maintaining paper copies onboard, provided the documents can be presented during an inspection.
Key to remember: These first nine HM-268 final rules highlight PHMSA's efforts to update documentation requirements, digitize administrative processes, improve consistency with international standards, and provide additional flexibility in several areas of hazmat transportation.
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2026-08-10T05:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyOccupational Safety and Health Administration (OSHA), DOLIn-Depth ArticleEnglishFocus AreaUSA
Hot off the press: OSHA’s latest compliance publications
OSHA continues to release publications. Five new ones cover topics ranging from heat-related illnesses to hepatitis B vaccination requirements. The documents don’t create new regulations or obligations. Instead, they provide guidance and information that may help you comply.
Heat-related illness
Although OSHA doesn’t have a Heat standard, the agency expects employers to protect workers from heat hazards. In fact, OSHA can issue citations under the General Duty Clause. The agency may also cite related existing standards for illness recordkeeping, sanitation, and training. Two new publications offer solutions:
- The fact sheet, Heat-Related Illnesses and First Aid (OSHA 4506), outlines the signs and symptoms of heat-related illnesses, from heat stroke to rhabdomyolysis (muscle breakdown). A section on first aid offers several response principles, including four ways to cool a worker immediately.
- The Quick Card, Protecting You and Your Co-workers from Heat Exposure (OSHA 3154), explains how workers can protect themselves and their coworkers from heat exposure. It covers risk factors, symptoms of heat exhaustion and heat stroke, prevention and protection measures, and first aid actions.
Hepatitis B vaccination
The Bloodborne Pathogens standard requires employers to make the hepatitis B vaccine series available to workers who have occupational exposure. The term occupational exposure is defined in 29 CFR 1910.1030. The hepatitis B virus (HBV) is a pathogenic microorganism that can cause potentially life-threatening disease in humans. It’s transmitted through exposure to blood and other potentially infectious materials (OPIM).
An OSHA fact sheet, Hepatitis B Vaccination Protection (OSHA 4504), provides a high-level overview of 1910.1030 and an explanation of hepatitis B vaccine protection and employer requirements under the standard.
Anti-retaliation programs
OSHA's whistleblower protections prohibit employers from retaliating against employees who report safety concerns, workplace injuries, or potential OSHA violations. The agency also enforces whistleblower protections under more than 20 other federal laws. The fact sheet, Recommended Practices for Anti-Retaliation Programs (OSHA 4508), is intended to assist employers in creating retaliation-free workplaces.
The publication outlines five key elements to an effective anti-retaliation program: management commitment, compliance concern response system, anti-retaliation response system, anti-retaliation training, and program oversight.
Safety Champions Program
OSHA’s Safety Champions Program is a voluntary program open to private and public-sector worksites covered by OSHA. It is aimed at employers that want to improve workplace safety and health, with the goal of reducing the risk of occupational injuries, illnesses, and fatalities. A fact sheet, Safety Champions: An OSHA Cooperative Program (OSHA 4497), explains who can participate, how the program works, the benefits of participating, and how to get started.
Other publications
Earlier this year, OSHA also issued these publications related to electrical safety, OSHA inquiries, silica, the OSHA poster, hearing protection, and OSHA inspections:
- Extension Cords: 5 Things to Know (OSHA 4495);
- Roll Up! Electrical Safety in Construction (OSHA 4496);
- Responding to OSHA Inquiries on Complaints and Referrals: Best Practices for Small Employers (OSHA 4498);
- Hazard Alert: Worker Exposure to Silica during Countertop Manufacturing, Finishing, and Installation (OSHA (DTSEM) - HA-3768-2026);
- OSHA Cares That You Go Home Safe (OSHA 3165-02R 2026), the OSHA job safety and health poster;
- Hearing Protector Fit Testing: Ensuring Appropriate Noise Protection at Work (SHIB 02-17-2026); and
- Employer Rights and Responsibilities Following a Federal OSHA Inspection (OSHA 3000-01R 2026).
Key to remember: Several new OSHA publications provide guidance and information on a variety of topics, from heat safety to anti-retaliation programs.
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2026-08-10T05:00:00Z
NewsDrug and alcohol policy - Motor CarrierEnglishFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTChange NoticesChange NoticeDrug and Alcohol Testing - DOTDriver qualificationsDriver qualification and hiringFocus AreaAlcohol testing - Motor CarrierTransportationUSA
FMCSA Proposed Rule: English Language Proficiency; Out of Service Criteria
FMCSA proposes to codify the English language proficiency (ELP) driver qualification requirement as an out-of-service (OOS) violation. The rulemaking would ensure uniform enforcement by aligning the Federal Motor Carrier Safety Regulations (FMCSR) with the current enforcement tolerances in the North American Standard Out-of-Service Criteria issued by the Commercial Vehicle Safety Alliance (CVSA). The rulemaking responds to a petition from CVSA.
DATES: Comments must be received on or before October 9, 2026. Published in the Federal Register August 10, 2026, page 51422.
View proposed rule.
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2026-08-10T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyEnglishDriver qualificationsOut-of-service criteria - Motor CarrierDriver qualification and hiringFocus AreaFleet OperationsEnforcement - DOTTransportationUSA
Proposal strengthens English language proficiency enforcement
The Federal Motor Carrier Safety Administration (FMCSA) has proposed strengthening enforcement of its existing English language proficiency (ELP) requirement by formally making an ELP violation an out-of-service (OOS) offense.
The proposed regulation, which aligns with the current Commercial Vehicle Safety Alliance (CVSA) North American Standard Out-of-Service Criteria, would require that drivers who cannot adequately read or speak English or understand highway signs and traffic signals be placed OOS and prohibited from operating a commercial motor vehicle until the violation is corrected.
The proposal, the result of a petition filed by CVSA, would codify noncompliance with the ELP requirements as an OOS violation, ensuring uniform enforcement.
FMCSA is accepting comments on this notice of proposed rulemaking (NPRM) until October 9, 2026.
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NewsEnforcement and Audits - OSHAVideoTransportationBusiness planning - Motor CarrierCompany growth - Motor CarrierUSAEnglishBusiness planning - Motor CarrierIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyRisk Management TransportationBusiness policies and procedures - Motor CarrierFleet OperationsFocus AreaMonthly Roundup Video
Transportation Monthly Round Up - July 2026
In this July 2026 monthly round up video, we'll review the most impactful transportation and safety news.
In this July 2026 round up, we will discuss the FMCSA 2026 rulemaking agenda, the Heavy Vehicle Use Tax, and an update for freight brokers. Let's get started.
The latest 2026 DOT rulemaking agenda pushes many actions into mid- to late 2026 and adds several new priorities, including English-language proficiency, entry-level driver-training-provider standards, commercial driver’s license (CDL) security, and updates to federal drug-testing guidelines.
Among other long-expected changes are updates to the Drug & Alcohol Clearinghouse and electronic logging device (ELD) rules, changes to cargo securement provisions, annual penalty adjustments, and several proposals affecting CDL standards, medical qualification, drug testing, brokers, and more.
The public will have a chance to comment on proposed rules as they’re announced, so carriers should watch for proposed rules, review how the changes could affect operations, and comment when agencies ask for public input.
Every year, the Heavy Vehicle Use Tax (HVUT) season opens in July , and every year the same pattern plays out. It’s rarely the big stuff that gets carriers into trouble. Most fleets and owner-operators know they need to file Form 2290 and understand the August 31 deadline for vehicles in service in July.
The real problems show up in the details. Carriers must ensure the EIN and legal business name on the return match exactly what's on file to avoid a rejected Form 2290 from an identity mismatch. It's essential to meet the filing deadline and NOT use the purchase date instead of first dispatch.
The trucking industry is still assessing the impact of the Supreme Court's Montgomery decision, but a recent $604 million verdict against freight broker C.H. Robinson has made one thing clear: broker liability is no longer just a legal theory. The case stemmed from a fatal 2021 crash in Mississippi and highlights a significant shift in how courts view carrier selection. Rather than focusing solely on a broker's role in arranging transportation, juries are increasingly examining whether brokers exercised reasonable care when choosing carriers, particularly when safety concerns may have been evident.
The verdict underscores the growing importance of carrier vetting, safety performance reviews, and documentation. FMCSA safety data, crash history, violations, and maintenance records are becoming key pieces of evidence in litigation. In this evolving legal environment, brokers must be prepared to demonstrate not only that they selected a qualified carrier, but also how and why that decision was made. Consistent vetting standards and thorough documentation are becoming essential safeguards as accountability continues to carry as much weight as capacity.
That’s it for this month’s round up. Stay safe, and thanks for watching.
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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.