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2026-10-21T05:00:00Z
NewsIndustry NewsHazmat Driver TrainingHazmat SafetyHazmat TrainingHazmat: HighwayIn-Depth ArticleLoading and unloading - HazmatHazmat EnforcementEnglishHazmat trainingSegregation and separation - HazmatTransportationFocus AreaUSA
Holiday freight pressure: Don’t let the rush rewrite your hazmat rules
The holiday season puts nearly every part of the transportation system under pressure. Freight volumes rise, delivery windows tighten, docks get busier, and drivers face congested roads and demanding schedules.
For hazardous materials professionals, however, the most important question may not be how quickly freight is moving. It’s whether the pressure to move faster is tempting people to take shortcuts.
A compressed schedule doesn’t compress the regulations. When operations get hectic, reinforce the compliance steps that must remain routine, no matter how urgent the shipment seems.
Start with the shipping paper
Before hazmat leaves the facility, make sure the shipping paper accurately communicates what is being transported. Required information must be present and properly entered, including the basic description.
Remember that shipping papers aren’t just paperwork. They provide critical information about the hazmat aboard the vehicle. A rushed shipment is no excuse for an incomplete or inaccurate description.
Keep incompatible materials apart
Busy docks can make loading decisions more complicated. More freight may be competing for the same trailer space, but hazardous materials still need to be loaded in accordance with applicable segregation requirements.
Employees responsible for staging and loading should know when hazardous materials may not be transported together or must be separated from other cargo.
Inspect before loading
Holiday volume can create a temptation to load first and deal with problems later. That approach creates unnecessary risk.
Before loading, employees should look for obvious signs that a hazmat package may not be ready for transportation, such as leaks or damage. They should also verify that required package markings and labels are present and appropriate.
If something doesn't look right, stop and resolve the issue rather than allowing the delivery schedule to dictate the decision.
Don't make placarding an afterthought
Placarding mistakes can occur when shipment configurations change quickly or multiple hazardous materials are being loaded and unloaded.
Before dispatch:
- Determine which placards are required based on the materials and quantities aboard the vehicle.
- Ensure required placards are properly displayed and remain visible.
- Don't assume yesterday's placards are correct for today's load.
Communication matters even more
Drivers are the last line of defense before a shipment enters the highway. Make sure they receive the information and documentation they need before departure.
That communication should be a deliberate handoff, not simply a stack of paperwork tossed into the cab. If freight, paperwork, placards, or loading conditions change at the last minute, the driver needs to know.
No time for shortcuts
Holiday freight pressure is real. So are customer expectations and delivery commitments. But urgency cannot become a reason to bypass compliance checks.
This November and December, encourage employees to pause at the points where mistakes are most likely:
- Shipping papers,
- Segregation,
- Loading,
- Package condition,
- Placarding, and
- Driver communication.
The goal isn't to slow freight down. It's to make sure that in the rush to deliver it, compliance doesn't get left behind.
Key to remember: Holiday urgency never outweighs hazmat compliance, so slow down long enough to make sure every shipment is safe and compliant.
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2026-10-21T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
Don’t let your performance review create an employee leave claim
Joanne worked for the company from 2013 to 2025, being promoted three times. The employer assessed employees’ performance relative to their peers. A critical metric used in the assessments calculated an employee’s total billable hours divided by the standard hours an employee is expected to work.
The standard-hours variable didn’t account for leave taken as paid time off (PTO). Employees who took short-term disability as part of maternity leave were required first to use 5 days of PTO.
Joanne received high performance scores every year except 2021 and 2024, when she took extended parental and pregnancy-related disability leave. The company’s assessments of her work during those times resulted in lower base salary increases because of her leave. Joanne also took leave in 2025 and received lower performance ratings — and a lower salary increase — than if she hadn’t taken leave.
On December 2, 2025, the employer told Joanne she was being terminated as part of a company-wide reduction in force. The employer’s decision to let her go also reflected her performance, including the leave she had taken.
Joanne sued, claiming that the company failed to provide protected leave; that the employer’s performance assessment metrics failed to account for protected leave under the federal Family and Medical Leave Act (FMLA), resulting in lower compensation. She also claimed the employer violated the federal Pregnant Workers Fairness Act (PWFA).
The employer argued that it didn’t treat employees on FMLA leave differently than employees on other forms of leave.
The court pointed out that when performance issues are a direct result of an employee’s FMLA leave, especially when they lead to termination, an employee’s FMLA rights have been interfered with. Even if an employer’s actions don’t violate the FMLA’s right to an equivalent position, failure to provide certain conditional pay increases may violate an employee’s right to take FMLA-protected leave, which ultimately results in an employer interfering with that right.
Joanne’s performance scores didn’t account for her PTO, yet the employer required pregnancy-related disability leave takers to use PTO for part of their leave.
The court also held that when leave is granted as a PWFA reasonable accommodation, an employer’s production standard may need to be prorated to account for the reduced amount of time the qualified employee worked.
The court ruled in Joanne’s favor, along with other similarly situated employees, denying the employer its request to have the case dismissed.
Joanne Barela v. Deloitte Consulting LLP, Northern District of California, No. 26-cv-03051; August 17, 2026.
Key to remember: Performance appraisal methods and criteria shouldn’t be designed to hold employee-protected leave against an employee.
Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.
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2026-10-21T05:00:00Z
NewsIndustry NewsEnglishHazard ClassificationsSafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleHazard CommunicationHazard CommunicationHazcom LabelingUSAFocus AreaHazCom Written ProgramHazCom Information and Training
November 20 Is Coming: Is Your HazCom Program Ready?
Every October, OSHA hands employers its cheat sheet. The preliminary fiscal year 2026 numbers came out this month, and Hazard Communication (29 CFR 1910.1200) ranked second overall and first in general industry, with 1,961 citations.
That's down 23% from the year before, and it would probably be pretty easy to just assume the sharp decline as progress. However, it's more likely a lull. For all of FY2026, employers were operating inside a transition window that allowed compliance with the 2012 standard, the 2024 standard, or both. That window closes for employers on November 20, 2026. Every HazCom citation written in FY2027 will be measured against the new rule.
How we got to this point
OSHA published its updated HazCom final rule on May 20, 2024 (89 FR 44144), aligning the standard with Revision 7 of the UN's Globally Harmonized System plus selected Revision 8 elements. In January 2026, with the first deadline days away and its own guidance documents unfinished, OSHA pushed every compliance date back four months (91 FR 1695). The schedule under 1910.1200(j) now reads:
- May 19, 2026: Manufacturers, importers and distributors: substances (passed)
- November 20, 2026: Employers: substances
- November 19, 2027: Manufacturers, importers and distributors: mixtures
- May 19, 2028: Employers: mixtures
The upcoming November date requires employers to update alternative workplace labeling, revise their written hazard communication programs, and train workers on newly identified hazards for substances whose classifications changed.
The manufacturer deadline for substances passed in May, which means reclassified safety data sheets have been arriving. Some products picked up new hazard classes, such as the new Category 3 for non-flammable aerosols or the subdivided flammable gas categories. Others shifted or changed hazard statements or precautionary language.
Each of those revised SDSs will need to be studied by employers because they could contain triggers. Under 1910.1200(h)(1), employers must train workers whenever a new chemical hazard is introduced into the work area. That includes a reclassified product. If your workplace labels, inventory and training still reflect the old SDS, you are out of step with the first document an inspector will ask for.
The cost of falling behind
Federal OSHA's maximum penalty is $16,550 per serious violation and $165,514 per willful or repeat violation. Those figures didn't rise this year and OSHA skipped the 2026 inflation adjustment because the fall 2025 government shutdown delayed the CPI data it relies on. Expect an adjustment in 2027.
Individual HazCom citations rarely make headlines. The real exposure is cumulative. HazCom violations often pop up alongside respiratory protection and PPE citations, and a HazCom citation today becomes the possibility for a repeat classification tomorrow, at ten times the price.
A 30-day action plan
With about a month left to prepare, focus on what an inspector will actually ask for.
- Audit your SDS library: Request current SDSs from every supplier and compare Section 2 against the versions on file. Flag every changed classification.
- True up the chemical inventory: The list required by 1910.1200(e)(1)(i) must use product identifiers that match the current SDS.
- Audit workplace labels: Secondary containers and alternative systems such as HMIS or NFPA must convey hazard information consistent with the updated SDS. Reclassified products need relabeling.
- Revise the written program: Document how you receive, review and distribute updated SDSs, and reference the 2024 standard. Inspectors usually start here.
- Retrain, and document it: Target training to the products that changed rather than running a generic refresher. Record dates, attendees and content.
- Prepare for 2028: The mixtures deadline is a pretty big wave, because most workplace chemicals are mixtures. The SDS review process you build this month is the one you'll lean on through May 2028.
Keys to remember: November 20, 2026, is the employer HazCom deadline for substances. Employers must be ready to address updated hazard classifications flowing downstream from manufacturers and importers.
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NewsEnforcement and Audits - OSHACERCLA, SARA, EPCRAToxics Release Inventory ReportingVideoMonthly Roundup VideoCAA ComplianceInjury and Illness RecordkeepingEnglishOSHA Violations and PenaltiesAir ProgramsIndustry NewsSafety & HealthGeneral Industry Safety300-A Annual SummaryEnvironmentalFocus AreaAir ProgramsUSA
EHS Monthly Round Up - January 2023
In this monthly roundup video, we’ll review the most impactful environmental, safety, and health news.
Hi everyone! Welcome to the monthly roundup video, where we’ll review the most impactful environmental, safety, and health news. First, let’s take a look at what’s happening in safety and health.
If you haven’t already done so, now is the time to post your OSHA 300A Summary. Employers are required to post the Summary in a conspicuous place from February 1st through April 30th.
As required by law, OSHA increased its penalties for inflation in mid-January. Penalties went up 7.7 percent, effective January 17th.
Also in January, OSHA released its long-awaited Fall 2022 regulatory agenda. Along with numerous proposed rules in the works, three major final rules are slated for 2023 – COVID-19 in healthcare, Injury and Illness tracking, and an update to the hazard communication standard.
OSHA recently released two new letters of interpretation, which address exit signs and lockout/tagout. Specifically, OSHA states that the International Standards Organization emergency exit symbol can be located beside the mandatory EXIT text on an existing sign.
The second letter addresses the applicability of lockout/tagout and the maintenance and operations of cathodic protection rectifiers when working on pipelines.
New York’s Warehouse Worker Protection Act was signed into law in December and takes effect in late February. It protects warehouse distribution workers from undisclosed or unlawful work speed quotas and includes protections for workers who fail to meet these quotas.
In 2021, a worker died every 101 minutes from a work-related injury, according to the Bureau of Labor Statistics. A total of 5,190 fatal work injuries was recorded in the U.S. in 2021, an 8.9 percent increase over 2020.
Turning to environmental news, EPA automatically added nine per- and polyfluoroalkyl substances, or PFAS, to the Toxics Release Inventory, or TRI, list. Four PFAS were added since they are no longer claimed as confidential business information.
EPA released its Fall 2022 regulatory agenda in early January. Included are major regulations impacting the National Ambient Air Quality Standards, waters of the United States, and modifications to the Risk Management Program under the Clean Air Act.
There are also a number of rules related to the National Emission Standards for Hazardous Air Pollutants in various rule stages.
And finally, beginning with model year 2027, heavy-duty trucks will be required to meet clean air standards that are 80 percent more stringent than current requirements.
EPA says this final rule is aimed at reducing smog- and soot-forming emissions, increasing the life of governed vehicles by up to 250 percent, and increasing emissions warranty periods up to 450 percent.
Thanks for tuning in to the monthly news roundup!
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NewsIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthGeneral Industry SafetyMonthly Roundup VideoFocus AreaUSAHazard CommunicationHazard CommunicationEnglishOSHA Violations and PenaltiesVideo
EHS Monthly Round Up - October 2023
In this monthly video, we'll review the most impactful environmental, health, and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental, health, and safety news. Please view the content links in the transcript to take a deeper dive into the topics I’ll be covering today. With that said, let’s get started!
OSHA’s hazard communication final rule is under review at the Office of Management and Budget. This process typically takes 90 to 120 days, which means we’ll likely see the final rule in early 2024.
A performance audit found that OSHA did not adequately address the high number of injuries and illnesses at warehouses before and during the COVID-19 pandemic. Despite the high rate of injury and illness, OSHA only conducted a small number of inspections.
An OSHA investigation found a fulfillment center was exposing employees to ergonomic hazards which could lead to musculoskeletal disorders. The company also failed to provide adequate medical care for workers who had sustained head injuries, some of which were traumatic.
Workplace overdose deaths have increased 536 percent since 2011. A National Safety Council survey found that 75 percent of employers reported opioid use has impacted their workplace, but only 17 percent said they felt prepared to deal with the problem.
And finally, turning to environmental news, EPA finalized its PFAS reporting and recordkeeping rule. It expands the definition to include 41 additional PFAS of concern, among other changes.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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2026-10-20T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
FMLA individual liability: Could you be held responsible for mistakes?
Most employers know that the federal Family and Medical Leave Act (FMLA) requires them to provide leave to eligible employees for certain qualifying reasons. Interfering with those rights or retaliating against employees when they ask for or take FMLA leave can risk a claim and land companies in court. But who’s considered an “employer” under the law?
The FMLA’s definition of “employer” includes anyone who acts directly or indirectly in the interest of an employer to any of the employer's employees. This can be:
- Corporate officers,
- Supervisors,
- Managers, or
- HR professionals.
Risks of acting on behalf of an employer
Because these people act in the interest of the employer, not only could any of them be called into court to defend their actions related to an FMLA claim, they could also be held individually liable for any FMLA violations.
This means that, if an employee feels their FMLA rights were violated and certain supervisors or HR professionals contributed to those violations, the employee can name those individuals in a claim, not just the employer as a whole.
The word “liability” can pack a wallop, and supervisors, managers, and HR professionals should be wary. Since individuals can be held liable, courts (and employees) can go after the individual’s personal assets.
Are they employers?
When determining if someone is acting as an employer, courts generally apply the economic reality test for FMLA purposes. Key factors include whether the person had:
- The power to hire and fire employees,
- Supervisory control over work schedules and conditions,
- The authority to approve or deny FMLA leave, and
- Access to and kept employment records.
If seen as an “employer,” a supervisor, manager, or HR professional may be named in a lawsuit, but liability can be hard to prove if they didn’t have independent authority to make employment decisions or control FMLA leave.
In many workplaces, HR professionals have the authority to control FMLA leave, as they usually determine whether an absence qualifies for FMLA protections. Therefore, they might have a heightened risk of being individually liable.
Can insurance help?
Because employers take on risks when they go into business, they invest in various types of commercial insurance to protect them. They might, for example, have Employee Practices Liability Insurance (EPLI). EPLI is a type of business insurance that protects employers from lawsuits and claims made by prospective employees, current employees, and past employees alleging wrongful employment practices.
Having individuals specifically named in a policy can increase their protections should a situation end up in court.
Key to remember: The FMLA includes an individual liability provision where HR professionals and others can have personal exposure.
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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.