Safety & Compliance News

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:

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.

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.

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.

Reported failed test results: Unchangeable

The Federal Motor Carrier Safety Administration (FMCSA) states that a test result can’t be challenged.

Employer’s actual knowledge: A debatable matter

Drivers are permitted to challenge an employer’s report of actual knowledge of drug or alcohol use in violation of DOT testing rules. Actual knowledge encompasses several scenarios, including:

• An employer’s direct observation of drug or alcohol use,
• A driver’s admission of drug or alcohol use to the employer (aside from a self-admission policy),
• Information provided by previous employers indicating a DOT testing violation, or
• A traffic citation for driving a CDL CMV while under the influence of drugs or alcohol.

A driver may challenge a report of actual knowledge when incorrectly classified by the employer. In addition, a driver whose DUI didn’t result in a conviction may petition FMCSA to add documentary evidence of the non-conviction to their Clearinghouse record.

This documentation may, for example, include a certificate of disposition from the court, a letter from a prosecutor stating that the charge has been dropped, or a screenshot from a court online docket system displaying the disposition. A statement from the driver, even if provided in the form of an affidavit, will not be considered unless it’s accompanied by documentary evidence as described above.

Refusals to test: Events that don’t qualify

As noted, an MRO’s refusal-to-test determination based on a substituted or adulterated specimen can’t be challenged. However, when the designated employer representative (DER) makes a refusal-to-test determination, the driver may only challenge the violation if it doesn’t meet the criteria for reporting. For example, if a driver fails to appear for a pre-employment drug test, it doesn’t fall within the scope of what constitutes a refusal to test. It shouldn’t have been reported to the Clearinghouse by the DER, and the driver can ask that it be removed from their record.

False statements: More than a misunderstanding

Although rare, there may be occasions when an employer or service agent knowingly submits false information about a driver to the Clearinghouse.

Drivers may challenge actual knowledge or refusal-to-test incidents that were maliciously reported. If FMCSA determines the information was false, it will be removed from the driver’s record. In addition, responsible parties may be subject to criminal and/or civil penalties.

Administrative errors: Simple fixes

There may be instances in which information on a driver’s record contains errors that are not the result of misunderstandings of the rule or malicious intent. Drivers may request that FMCSA correct administrative errors, such as data-entry mistakes or duplicate reports.

How to remove incorrect Clearinghouse data

A driver may use DataQs to file concerns about their Drug and Alcohol Clearinghouse information through a request for data review (RDR). DataQs is designed to help motor carriers, drivers, and service providers request a review of records. Before submitting an RDR, individuals must register with DataQs by creating a free user account.

To be successful, the submissions require documentation to support the claims. Within 45 days of receiving a complete petition, FMCSA will inform the driver, in writing (by email or letter), of its decision to retain, remove, or correct the information and provide the basis for the decision.

Key to remember: Drivers may use DataQs to challenge information on their Clearinghouse record with the exception of actual test results.