Regulatory Compliance News & Updates
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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.
Safety & Compliance News
FEATURED NEWS
2026-03-27T05:00:00Z
NewsIndustry NewsCERCLA, SARA, EPCRAToxics Release Inventory ReportingEnvironmentalIn-Depth ArticleEnglishSARA ComplianceFocus AreaUSA
Expert Insights: Four commonly overlooked categories in TRI reporting
TRI reporting can be tricky, even for seasoned EHS teams. Many facilities meet all the requirements but still miss chemicals that should be reported. Most oversights fall into four key categories. Here’s what they are, why they get missed, and a few simple examples that show up in routine operations.
Newly added or updated TRI chemicals
The TRI list changes more often than many people realize. EPA regularly updates it and recently added new per- and poly-fluoroalkyl substances (PFAS) and even a full diisononyl phthalate (DINP) chemical category. When facilities don’t review these updates each year, they may keep using materials that now contain reportable chemicals without realizing it. For example, PFAS were expanded for Reporting Years 2024 and 2025, and the DINP category was added in 2023. These changes mean that everyday items like coatings, lubricants, and flexible plastics can suddenly trigger TRI thresholds.
“Otherwise used” chemicals
Not every reportable chemical is manufactured or processed. Many are simply “otherwise used,” including solvents, degreasers, cleaners, and maintenance chemicals. Facilities often overlook these because they aren’t part of the product mix, but they can add up fast. Even common shop chemicals, when used across a year, can exceed the 10,000-pound threshold and require reporting.
Coincidentally manufactured byproducts
Some chemicals are created unintentionally during normal operations. Ammonia may form during baking or heating steps, nitrates often appear in wastewater treatment, and metal compounds can be generated during welding, machining, or corrosion. These substances count as “manufactured” under TRI even if they weren’t intentionally manufactured. Examples like ammonia, nitrates, metal compounds, and diesel byproducts such as naphthalene and polycyclic aromatic compounds are regularly overlooked in TRI reporting because they’re easy to underestimate.
Impurities or additives in mixtures
Many reportable chemicals hide inside mixtures, oils, coatings, lubricants, and chemical blends. If a facility focuses only on the main ingredients, they may miss the smaller additive or impurity that’s actually subject to TRI reporting. These overlooked components can push a facility over a reporting threshold, even when the product is used in small amounts.
TRI oversights usually occur not because facilities ignore the rules, but because chemicals show up in unexpected forms. Keeping an eye on updates, tracking cleaners and maintenance chemicals, monitoring byproducts, and checking mixtures closely can prevent the most common reporting mistakes.
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RECENT INDUSTRY HIGHLIGHTS
2026-03-27T05:00:00Z
NewsIndustry NewsFleet SafetySafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetySafety and Health Programs and TrainingFocus AreaIn-Depth ArticleEnglishTransportationUSA
April is distracted driver awareness month: A reminder of the preventable risks
Distracted driving awareness month is an important opportunity for organizations to address one of the most overlooked workplace hazards. For employees who drive as part of their job, whether it is operating fleet vehicles, traveling between job sites, or running errands, distractions behind the wheel can lead to serious injuries, costly liability, and even fatalities. Unlike many other workplace hazards, distracted driving often occurs offsite, making it harder to monitor but no less critical to control.
Distracted driving is any activity that takes a driver’s attention away from the road. It typically falls into three categories: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving). In a workplace context, distractions often go beyond personal habits like texting or eating. Employees may feel pressure to respond to work calls, check GPS updates, review schedules, or communicate with supervisors while driving. This expectation, whether real or perceived, can significantly increase the risk of an accident. The actual consequences of distracted driving on the job can be severe. Motor vehicle incidents remain one of the leading causes of workplace fatalities. A momentary lapse of attention at highway speeds means traveling the length of a football field without looking at the road. When employees are involved in crashes, the impact extends beyond personal injury. Employers may face workers’ compensation claims, vehicle damage costs, regulatory scrutiny, and potential legal liability. Additionally, incidents can damage a company’s reputation and disrupt operations.
One of the biggest challenges any organization faces is changing the culture around communication and productivity. Employees may believe they are expected to stay constantly connected, even while driving. Without clear policies, they may take risks trying to meet deadlines or respond quickly to messages. This is where leadership plays a critical role. Establishing and enforcing a clear distracted driving policy is essential. Policies should explicitly prohibit texting, handheld phone use, and other high-risk behaviors while driving on company business. However, policies alone are not enough. Training and communication are key to making expectations clear and practical. Driver safety programs should include real-world examples, statistics, and interactive discussions that emphasize the risks. Employees should understand that no message, call, or task is urgent enough to justify unsafe driving. Encouraging simple habits such as pulling over safely before using a phone, setting up their GPS before starting a trip, and minimizing in-vehicle distractions can make a meaningful difference.
Technology can also support safer driving behaviors. Many organizations are implementing hands-free systems, telematics, and mobile device management tools that limit phone functionality while vehicles are in motion. While these tools are not a substitute for good judgment, they can reinforce safe habits and provide valuable data to identify risk trends. Reviewing telematics data can also help organizations spot patterns such as harsh braking, erratic driving, or frequent phone use, allowing for targeted coaching and intervention.
Supervisors and managers must lead by example. If leadership sends emails or expects immediate responses from employees who are driving, it undermines safety efforts. Setting realistic expectations such as delayed response times for employees on the road helps remove the pressure to multitask while driving. A strong safety culture makes it clear that safe driving is a priority, not a barrier to productivity.
April distracted driving awareness month gives companies the perfect opportunity to take proactive steps to reinforce their commitment to safe driving. This can include safety stand-downs, toolbox talks, policy refreshers, and awareness campaigns focused on distracted driving. Sharing real incident stories, near-misses, and lessons learned can make the risk more tangible for employees. Ultimately, preventing distracted driving in the workplace comes down to awareness, accountability, and culture. Every trip, no matter how routine, carries risk. By prioritizing attention behind the wheel and supporting employees with clear expectations and resources, organizations can protect their workforce, reduce incidents, and ensure that everyone makes it home safely at the end of the day.
Keys to remember: Staying focused behind the wheel protects not only you, but your coworkers and everyone else on the road.
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2026-03-26T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Amid all the state leave laws, don’t forget about the FMLA
When a state enacts a new employee leave law, it generally makes headlines. Currently, the U.S. has at least 40 states with leave laws (paid or unpaid) that have been complicating leave administration for employers.
The tide of state laws continues to roll, with about five states poised to enact leave-related laws. All this state hoopla can appear to hide the federal Family and Medical Leave Act (FMLA) in the shadows.
Just because employers have to deal with state leave laws, however, doesn’t mean they can ignore their obligations under the FMLA.
Employers might think that, as long as they comply with their requirements under the various state leave laws, they don’t have to comply with the FMLA. Employers might think the state law is more important or even redundant with the FMLA. But employers must comply with each law as it applies.
Concurrency
Many of the state laws allow the time off to run concurrently with FMLA leave, when:
- The employer is covered by both,
- The employee meets the eligibility criteria for both, and
- The reason qualifies for both.
When the leave runs concurrently, employers have to comply with both laws. A state law could have specific employer requirements, and employers have to meet them. That could involve giving employees certain information. The Colorado Family and Medical Leave Insurance (FAMLI), for example, requires employers to not only post the program notice in a prominent location, but it also requires employers to give employees written notice of the program upon hiring and when learning of an employee experiencing an event that triggers the employee’s eligibility.
Under the FMLA, when employees put the employer on notice of the need for leave, employers must give the employee an eligibility/rights & responsibilities notice within five business days. Once employers have enough information to determine if the absence qualifies for FMLA protections (such as from a certification), employers have five business days to give the employee a designation notice.
Employers can't overlook those FMLA steps, even if they seem redundant with state requirements.
Risks
If employers fail to designate an absence as FMLA leave, they may retroactively designate it only if doing so doesn’t cause harm or injury to the employee. If so, employers can’t retroactively designate it, which could result in the employee having more than the 12 weeks of FMLA leave.
Employers that don’t comply with the FMLA’s notice requirements can risk fines and penalties, even if the employers gave the employee the 12 workweeks of leave and the employee suffered no actual harm.
Therefore, overlooking the FMLA would not only risk violations but would also add another layer of unnecessary complexity.
Key to remember: Employers need to remember to comply with the federal FMLA’s requirements in addition to a state’s requirements.
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2026-03-26T05:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyOccupational Safety and Health Administration (OSHA), DOLIn-Depth ArticleEnglishFocus AreaUSA
Mixed bag of new OSHA pubs: Electrical safety, grain handling, silica, and agency inquiries
OSHA issued five new publications, ranging from electrical safety to best practices when responding to OSHA calls. The publications don’t create new regulations or obligations. Instead, they provide guidance and information that may help you comply.
Electrical safety and control measures
Electrical hazards affect more than just electricians. In fact, 74 percent of workplace electrical fatalities occur in non-electrical occupations, including tree trimming, HVAC, roofing, and painting. Many employees may not be trained to perform electrical work. That means they may not recognize electrical hazards.
An OSHA toolbox talk (OSHA 4496) outlines how to prevent injury when using electrical equipment. Specifically, it suggests that you employ the hierarchy of controls: elimination/substitution, engineering controls, administrative controls, personal protective equipment, and work practices.
Extension cords: 5 things to know
OSHA’s requirements for flexible cords and cables, at 29 CFR 1910.305(g), were cited nearly 1,300 times last fiscal year, according to OSHA enforcement data. A new publication (OSHA 4495) explains the top five things you and your employees should know about using extension cords safely.
Grain safety poster
Suffocation and falls are the two leading causes of death at grain handling facilities. Other hazards include fire, explosions, electrocution, and injuries from improperly guarded machinery. Exposures to grain dust and associated airborne contaminants can also occur. Such contaminants might include molds, chemical fumigants, and gases from decaying and/or fermenting sileage.
Each year, OSHA partners with several organizations to sponsor Stand Up 4 Grain Safety Week. The event takes place March 30 to April 3 this year. A printable poster (OSHA 3967) highlights the event and lists seven steps to grain safety.
Silica hazards in countertop work
OSHA and NIOSH have identified exposure to silica as a serious health hazard to workers. These workers might be involved in manufacturing, finishing, and installing natural and engineered stone countertop products. However, the respirable crystalline silica hazard can be mitigated in most countertop operations with dust control methods. These are spelled out in OSHA’s silica standards for general industry (29 CFR 1910.1053) and construction (29 CFR 1926.1153).
An OSHA/NIOSH Hazard Alert (OSHA 3768) explains silica hazards in the stone countertop industry, why it’s a concern, how to protect workers and control exposure, and more.
Responding to OSHA inquiries on complaints and referrals
A call from OSHA asking about alleged hazards reported in a complaint or referral can be stressful. Knowing what’s involved can help you prepare. The agency says it will work with you to address the matter through a timely and adequate response. According to OSHA, if the issues are resolved through this process, an onsite inspection is generally not conducted.
A fact sheet (OSHA 4498) for small employers outlines the inquiry process from initial contact to resolution, tells you what happens at each step, and provides best practices for a safe and successful outcome.
Key to remember: Several new OSHA publications provide guidance and information on a variety of topics, from electrical safety to the OSHA inquiry process.
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2026-03-26T05:00:00Z
NewsMedical review officer (MRO) - Motor CarrierDrug and Alcohol Testing - DOTDrug testing - Motor CarrierTransportationIn-Depth ArticleEnglishDrug and Alcohol Clearinghouse - Motor CarrierIndustry NewsFleet SafetyFocus AreaSubstance abuse professional (SAP) - Motor CarrierAlcohol testing - Motor CarrierReturn-to-duty drug and alcohol testing - Motor CarrierFollow-up alcohol and drug testing - Motor CarrierUSA
Don’t get side-swiped by Clearinghouse blind spots
The risk of using an impaired commercial driver is real if you’re not keeping on top of DOT testing requirements, including the Drug and Alcohol Clearinghouse (DACH).
Many common employer errors associated with the DACH are more about safety than recordkeeping in nature, including the following examples.
No DACH account
The annual list of DOT audit violations consistently shows failure to register with the DACH as a top 10 citation.
Some violations result from misunderstanding who needs an account. Motor carriers subject to 49 CFR Part 382 must register. It’s not optional. Without this account, motor carriers are unable to access the portal to request and report data.
Failing to request queries
Each year, the DOT cites carriers that fail to request pre-employment and/or annual DACH queries. The two citations regularly appear in the top 10 audit violations.
Queries are vital to learn whether a driver is prohibited from operating your commercial motor vehicle (CMV) due to an unresolved DOT drug and/or alcohol violation. These same queries also provide details on completed return-to-duty and follow-up programs.
Without this information, you can’t be sure who is operating your CMV.
Not reporting data
The DACH is only as accurate as the data provided. If responsible parties fail to report specific information, a driver’s record isn’t accurate when an employer or enforcement official looks it up.
The medical review officer (MRO) reports on failed drug tests and certain refusal-to-test scenarios.
Employers (or C/TPAs) report items that the MRO doesn’t, including:
- Alcohol tests .04 BAC or greater;
- Refusals to take a required drug or alcohol test where the company makes the determination;
- Negative return-to-duty tests; and
- Completed follow-up testing programs.
Substance abuse professionals (SAPs) record completed evaluations and treatment on the driver’s record.
If the information isn’t provided or is provided late, unqualified drivers may be behind the wheel. Or those who have been rehabilitated may appear unqualified.
Not understanding query results
It’s important to notice all the details in the DACH driver report. When a limited query result shows a driver has a DOT testing violation, the carrier must request a full query. A limited query only shows whether the driver has a record of a previous violation. The full query shows details.
There are key data elements to check on a full query result. When examining a full query, the first step is to check the driver’s status: prohibited or not prohibited.
If prohibited, do you see:
- An SAP initial evaluation?
- A second SAP evaluation indicating eligibility for a return-to-duty test?
These details let you know whether the SAP program was started.
If not prohibited, the query results show:
- The SAP evaluation entries,
- An employer’s entry of a negative return-to-duty test, and
- The follow-up testing program status.
If the follow-up testing shows:
- Completed, a former employer entered this milestone. No additional actions are required of current or future employers regarding this violation.
- Incomplete, the driver is still subject to remaining follow-up tests.
If this is a new hire with a not prohibited status and an incomplete follow-up testing program, the new employer must contact the former employer(s) for details on the follow-up testing.
If the driver is prohibited, their CDL has been or is about to be downgraded. This must be reinstated prior to operating CMVs again
Misunderstanding non-CDL CMV implications
A CDL or CLP holder who is in a prohibited status will have the DACH flagged on their driving record. Even though the state only downgrades the commercial class license, there’s another ramification.
The regulations (382.501(c)) prevent the driver from operating any CMV, including a CMV as defined in 390.5. This general definition includes both CDL and non-CDL CMV types. As a result, the driver is unable to operate a non-CDL CMV in interstate commerce until the DACH status changes to not prohibited or the driver voluntarily surrenders their CDL.
Key to remember: The DACH may seem more administrative than safety-related to some. But failure to follow through with the required recordkeeping could result in an impaired driver operating your vehicle.
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2026-03-26T05:00:00Z
NewsTiresCMV Parts and MaintenanceTransportationParts and Accessories - Motor CarrierEnglishVehicle maintenanceIndustry NewsIndustry NewsFleet SafetyFleet OperationsFuel ManagementFuel managementIdlingFocus AreaUSA
Make the most of your mileage
Although it’s true that you can’t control ever-changing fuel prices, you can adjust how you drive to get the most out of every gallon.
The cost of fuel is one of a carrier’s biggest operational expenses. A vehicle that travels for 100,000 miles (or more) per year and averages less than 7–8 miles per gallon uses a lot of fuel in a year. Do the math!
Fuel cost and fuel mileage
To understand the possible costs and savings in this area, consider the following:
- A truck that gets 6.25 miles per gallon (mpg) will burn 16,000 gallons of fuel over 100,000 miles.
- A truck that gets 6.75 mpg will burn 14,815 gallons of fuel over 100,000 miles.
- This is a difference of 1,185 gallons for every 100,000 miles.
- With the current cost of around $5.37 per gallon for diesel fuel (per the Energy Information Administration), that means an operating cost difference of about $6,363.
- For 10 trucks, that means a fleet-wide cost reduction of $63,630 for every 100,000 miles the fleet rolls.
Remember, this is assuming a 0.5 mpg improvement. Increasing fuel mileage by 1 mpg would double the cost reduction.
Improving fuel mileage
So how can fuel mileage be improved? Some activities are easy, and others require a serious commitment by both the company and drivers. Here are common methods used to increase fuel mileage:
- Smooth and steady: Tell your drivers to make an effort to keep their driving smooth and steady, as rapid acceleration and braking wastes fuel. The faster the acceleration, the more fuel is burned. Also, every time the vehicle accelerates, slows, and then reaccelerates, more fuel is burned. According to U.S. Department of Energy data, this type of driving can lower mileage by about one-third at highway speeds.
- Speed: Drivers should work to maintain an even speed by using the vehicle’s cruise control when operating in good weather conditions, on open highways, and flat terrain. In most cases, maintaining an even speed will save fuel. Plus, keep in mind that traveling at fast speeds uses more fuel. According to the U.S. Department of Energy, while each vehicle reaches its optimal fuel economy at different speeds or ranges of speeds, mileage usually drops at speeds over 50 miles per hour.
- Progressive shifting: Advise drivers to keep an eye on the revolutions per minute (RPMs). Progressive shifting is the practice of keeping the shifting RPMs low in low gear and increasing the shifting RPMs as you work through the gears. Changing gears at lower RPMs requires less fuel. The higher the RPMs, the more fuel burned.
- Watch your weight: Remove unnecessary items that may add weight to the vehicle, as additional weight can reduce fuel economy.
- Stops: Remind drivers to shorten stops when possible. It’s more fuel efficient to start a warm engine than a cold engine.
- Idling: An idling truck engine uses about one gallon of fuel per hour. The Environmental Protection Agency (EPA) estimates that, on average, a long-haul truck idles for 1,800–2,400 hours per year. Using an estimate of $4.00 per gallon for diesel fuel, this adds up to between $7,200 and $9,600 per year per truck. Some helpful ways to reduce idling include:
- Shutting off the engine when no one is in the vehicle,
- Eliminating idling time when waiting, and
- Keeping engine cool-down time at the end of the day to a minimum.
- Vehicle maintenance: Routine maintenance can contribute to an overall fuel conservation program. Oil, fuel, and air filters should be changed according to the vehicle manufacturer’s specifications, as dirty filters can decrease fuel economy. Fluid levels should also be checked regularly, since low fluid levels can lead to additional draw on the engine due to additional friction in the components that help reduce fuel mileage.
- Equipment: Buy equipment with fuel mileage in mind. When spec’ing equipment, consider:
- Power to weight when selecting an engine,
- The ideal engine operating RPMs when selecting a transmission and rear axle(s),
- Tractor and trailer aerodynamics,
- Low-rolling resistance tires, and
- Other options that can directly affect fuel mileage.
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