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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.
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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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2026-10-22T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)In-Depth ArticleHR ManagementEnglishUSAReasonable AccommodationsDiscriminationIndustry NewsDiscriminationProtected classesPregnancy DiscriminationHR GeneralistFocus AreaAssociate RelationsDisabilities and ADADisabilities and ADAHuman Resources
Why ‘out of FMLA’ doesn't mean ‘out of options’
Eligible employees get 12 weeks of job-protected, unpaid leave per leave year under the federal Family and Medical Leave Act (FMLA). To avoid violating the law, covered employers need to understand what happens in week 13 if the leave is for an employee’s own condition.
The FMLA isn’t the only leave law with which employers must comply. Time off beyond the 12 FMLA weeks, for example, may be considered a reasonable accommodation under the federal Americans with Disabilities Act (ADA) and/or the federal Pregnant Workers Fairness Act (PWFA), assuming the leave is for the employee and not a family member. State or local laws could also come into play.
The ADA
Unlike the FMLA, the ADA isn’t an employee leave entitlement law. In other words, employees aren’t “entitled” to leave as an ADA accommodation. Rather, the ADA requires covered employers to provide a reasonable accommodation to an employee’s or applicant’s known disability to enable them to perform the job’s essential functions. Providing leave can be one form of accommodation, but accommodations can be almost anything that effectively solves a disability-related workplace problem.
The ADA defines a disability as an impairment that substantially limits one or more major life activities.
Employers should focus on accommodations that enable an employee to stay at work, but sometimes, leave is the only effective accommodation. Unlimited leave, however, isn’t reasonable. If employees can’t provide at least an estimated return date, employers don’t have to provide the leave as an accommodation.
Employers also don’t have to provide an accommodation that would add significant costs or difficulties to the business.
Employers, however, should talk to the employee and discuss possible solutions. This is called the interactive process. Employees must participate in the interactive process; otherwise, the ADA accommodation process ends.
The PWFA
The federal PWFA also isn’t an employee leave entitlement law, but an accommodation law. It’s similar to the ADA, but there are differences. Covered employers must, for example, provide reasonable accommodations to employees with limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. Again, like with the ADA, employers don’t have to provide an accommodation that will cause an undue hardship.
Under the PWFA, leave is considered an accommodation of last resort, but in some situations, leave will be the only logical accommodation, such as for delivery and recovery. The law doesn’t apply only to pregnant employees; it also applies to employees who have conditions related to pregnancy, such as postpartum depression, IVF (trying to get pregnant), stillbirth, and varicose veins.
State laws
Beyond the federal laws, many state laws provide for employee leave. Because of how they’re written, employees might be able to stack state leave on top of federal FMLA leave. If, for example, an employee uses all their FMLA leave, but then needs time off for a reason that’s excluded from FMLA leave, such as safe leave, but is included in the state law, the employee could take more leave under the state law.
Key to remember: Just because an employee runs out of FMLA leave for their own condition, it doesn’t mean the employee is out of options under other laws.
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2026-10-22T05:00:00Z
NewsIndustry NewsIndustry NewsFocus AreaFleet OperationsFuel managementEnglishFuel ManagementTransportationUSA
Prices at the pump fuel this year’s list of top trucking concerns
The American Transportation Research Institute (ATRI) releases its 22nd Annual Top Industry Report, revealing fuel costs remain the top concern and including new and repeat issues. The top issues include:
- Fuel Prices,
- Lawsuit Abuse Reform,
- Compliance, Safety, Accountability (CSA) and Insurance Cost/Availability,
- Artificial Intelligence regarding trucking, and
- Diesel Emissions Regulations.
Despite some positive signs in the freight economy emerging, the rising cost of diesel fuel topped out this year at $6.50 per gallon. The small-to-mid size fleets can’t pump the brakes on these accelerating operating costs, sending that issue to the top spot.
The economy held the top spot on the report 3 years previously, dropping to number 6 in this year’s report. Workforce issues returned to the top 10 this year, with driver shortage and compensation both ranking in the top 10 as well.
Who participated?
Nearly half of the respondents were motor carrier executives with truck drivers and freight stakeholders, each representing a little over a quarter of those who participated. The cost of fuel and truck parking remained at the top of the breakdown of their responses, with lawsuit abuse ranking first among the motor carrier responses, and fuel prices and drivers’ shortages taking a close second.
The goal of the annual analysis is to not only recognize the top concerns, but also to diagnose how the industry can manage or contain the effects of the issues on the industry.
To view the full report, visit ATRI’s website.
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2026-10-22T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthBehavior Based SafetyConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
When human error isn't the whole story
When an incident happens, one of the first questions many people ask is, "Who made the mistake?" Human & Organizational Performance (HOP) encourages us to ask a different question. "What contributed to the mistake?"
HOP is based on the idea that the work environment influences how people perform their jobs. By better understanding the factors surrounding the work, organizations can identify ways to strengthen safeguards, make work more reliable, and improve safety culture.
The five principles behind HOP
HOP is built around five core principles. The wording may vary, but the underlying ideas remain the same.
1. Error is normal
People make mistakes. That's part of being human. No amount of training, experience, or motivation will completely eliminate human error. Employees will occasionally forget a step, misread information, become distracted, or make a decision that doesn't work out as intended.
Instead of expecting perfect performance, HOP encourages employers to ask:
- What happens if someone makes a mistake?
- Will the error be detected?
- Is there a safeguard in place?
- Could the mistake lead directly to an injury or serious event?
Employers shouldn't rely on employees getting it right every single time. Processes and safeguards help catch mistakes before they lead to an injury or serious event.
2. Blame fixes nothing
Blame may identify who was involved, but it rarely explains why the event happened.
When an investigation stops at "employee error," valuable learning opportunities are often missed. Maybe the procedure wasn't practical or outdated. Maybe production demands influenced the decision. Maybe communication, training, staffing, equipment, or supervision played a role.
Accountability is important, but effective investigations dive deeper to examine the pressures, workplace factors, and system weaknesses that contributed to the event.
3. Context drives behavior
People generally do what makes sense to them at the time. That's why understanding the work environment matters. Factors that can influence decisions include:
- Production pressure,
- Staffing levels,
- Fatigue,
- Time constraints,
- Equipment design,
- Resource availability,
- Workload, and
- Conflicting priorities.
Looking back after an incident, it can be easy to wonder why someone made a particular decision. In the moment, however, the employee was responding to the circumstances in front of them from their perspective. Understanding those circumstances often helps explain why the decision seemed reasonable at the time and where improvements may be needed.
4. Leader response matters
How leaders respond after an incident can have a lasting impact. If employees expect blame and punishment, they're less likely to report concerns, admit mistakes, or speak up when something isn't right.
When leaders focus on understanding what happened and learning from it, employees are more likely to share information that can help prevent future incidents.
Employees are generally more willing to report concerns, share lessons learned, and discuss mistakes when they believe the goal is to improve the workplace rather than assign blame.
5. Learning is vital
Every near miss, hazard report, equipment problem, employee concern, and incident creates an opportunity to learn.
Organizations don't have to wait for someone to get hurt before making improvements. Most warning signs show up long before an injury occurs.
Paying attention to those warning signs can help employers address problems before they contribute to an injury or serious incident.
Why the system matters
One of the biggest lessons from HOP is that workplace outcomes are rarely driven by one person alone. Procedures, equipment, staffing, schedules, training, maintenance practices, production expectations, and leadership decisions all influence how work gets done.
Looking beyond the employees’ actions often reveals controllable risks that contributed to the event. By identifying and controlling what shapes the decision-making environment, organizations can move beyond blame and toward effective and lasting incident prevention.
Putting HOP into practice
Organizations don't need to create a new safety program to begin using HOP principles. In many cases, it starts by changing how incidents, near misses, and operational problems are discussed and investigated.
The next time an incident, near miss, equipment problem, or operational issue occurs, consider asking:
- What made this action seem reasonable at the time?
- What factors influenced the decision?
- What pressures or obstacles were present?
- What safeguards were missing, weak, or ineffective?
- What can we improve so the next person doesn't face the same situation?
Open conversations like this often identify issues that wouldn't have been found by simply concluding that the employee made a mistake.
Key to remember: Human error may explain what happened, but it rarely explains why it happened. Looking at the factors surrounding the work often provides a clearer picture of what contributed to the event and what can be done to help prevent it from happening again.
Keep reading...Show less
2026-10-22T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthBehavior Based SafetyConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
When human error isn't the whole story
When an incident happens, one of the first questions many people ask is, "Who made the mistake?" Human & Organizational Performance (HOP) encourages us to ask a different question. "What contributed to the mistake?"
HOP starts with a simple reality. People make mistakes. Even experienced, trained, and well-intentioned employees will occasionally miss a step, forget something, become distracted, or make a decision that doesn't work out as intended.
HOP is based on the idea that the work environment influences how people perform their jobs. By better understanding the factors surrounding the work, organizations can identify ways to strengthen safeguards, make work more reliable, and improve safety culture.
The five principles behind HOP
HOP is built around five core principles. The wording may vary, but the underlying ideas remain the same.
1. Error is normal
People make mistakes. That's part of being human. No amount of training, experience, or motivation will completely eliminate human error. Employees will occasionally forget a step, misread information, become distracted, or make a decision that doesn't work out as intended.
Instead of expecting perfect performance, HOP encourages employers to ask:
- What happens if someone makes a mistake?
- Will the error be detected?
- Is there a safeguard in place?
- Could the mistake lead directly to an injury or serious event?
Employers shouldn't rely on employees getting it right every single time. Processes and safeguards help catch mistakes before they lead to an injury or serious event.
2. Blame fixes nothing
Blame may identify who was involved, but it rarely explains why the event happened.
When an investigation stops at "employee error," valuable learning opportunities are often missed. Maybe the procedure wasn't practical or outdated. Maybe production demands influenced the decision. Maybe communication, training, staffing, equipment, or supervision played a role.
Accountability is important, but effective investigations dive deeper to examine the pressures, workplace factors, and system weaknesses that contributed to the event.
3. Context drives behavior
People generally do what makes sense to them at the time. That's why understanding the work environment matters. Factors that can influence decisions include:
- Production pressure,
- Staffing levels,
- Fatigue,
- Time constraints,
- Equipment design,
- Resource availability,
- Workload, and
- Conflicting priorities.
Looking back after an incident, it can be easy to wonder why someone made a particular decision. In the moment, however, the employee was responding to the circumstances in front of them from their perspective. Understanding those circumstances often helps explain why the decision seemed reasonable at the time and where improvements may be needed.
4. Leader response matters
How leaders respond after an incident can have a lasting impact. If employees expect blame and punishment, they're less likely to report concerns, admit mistakes, or speak up when something isn't right.
When leaders focus on understanding what happened and learning from it, employees are more likely to share information that can help prevent future incidents.
Employees are generally more willing to report concerns, share lessons learned, and discuss mistakes when they believe the goal is to improve the workplace rather than assign blame.
5. Learning is vital
Every near miss, hazard report, equipment problem, employee concern, and incident creates an opportunity to learn.
Organizations don't have to wait for someone to get hurt before making improvements. Most warning signs show up long before an injury occurs.
Paying attention to those warning signs can help employers address problems before they contribute to an injury or serious incident.
Why the system matters
One of the biggest lessons from HOP is that workplace outcomes are rarely driven by one person alone. Procedures, equipment, staffing, schedules, training, maintenance practices, production expectations, and leadership decisions all influence how work gets done.
Looking beyond the employees’ actions often reveals controllable risks that contributed to the event. By identifying and controlling what shapes the decision-making environment, organizations can move beyond blame and toward effective and lasting incident prevention.
Putting HOP into practice
Organizations don't need to create a new safety program to begin using HOP principles. In many cases, it starts by changing how incidents, near misses, and operational problems are discussed and investigated.
The next time an incident, near miss, equipment problem, or operational issue occurs, consider asking:
- What made this action seem reasonable at the time?
- What factors influenced the decision?
- What pressures or obstacles were present?
- What safeguards were missing, weak, or ineffective?
- What can we improve so the next person doesn't face the same situation?
Open conversations like this often identify issues that wouldn't have been found by simply concluding that the employee made a mistake.
Key to remember: Human error may explain what happened, but it rarely explains why it happened. Looking at the factors surrounding the work often provides a clearer picture of what contributed to the event and what can be done to help prevent it from happening again.
Keep reading...Show less
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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.