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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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2026-07-10T05:00:00Z
NewsIndustry NewsElements of a General Duty Clause ViolationSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyGeneral Duty ClauseGeneral Duty Clause Enforcement AreasIn-Depth ArticleEnglishGeneral Duty ClauseFocus AreaUSA
Don’t forget the General Duty Clause when identifying workplace hazards
What do heat stress, ergonomics, and struck-by hazards have in common? When employees aren’t adequately protected from these and other serious, recognized hazards for which there’s no OSHA standard, the agency can use the General Duty Clause (GDC) to cite employers. However, the agency must prove four things:
- That a hazard exists,
- That it’s recognized,
- That it’s causing or likely to cause serious physical harm or death, and
- That feasible abatement is available.
As an example, a hazard exists when employees work in extreme heat. It’s recognized because the hazard is widely known by employers, safety professionals, and industry. Extreme heat can pose harm because employees are at risk of heat illness or even death. And, it can be feasibly abated by providing water, rest breaks, and shade. Without all four of these elements, OSHA can’t use the GDC. But when they’re present, it’s a strong enforcement tool.
Recognized hazards
OSHA determines whether a hazard is “recognized” by looking at several sources, including:
- Industry consensus standards like the American National Standards Institute (ANSI) or the National Fire Protection Association (NFPA);
- An employer’s own safety rules and training materials;
- Previous incidents involving the hazard; and
- Industry recognition of the hazard, such as statements by safety or health experts who are familiar with the relevant conditions, and evidence of implementation of abatement methods to deal with the particular hazard by other members of the employer's industry.
Examples of recognized hazards include:
- Employees operating forklifts without wearing available seat belts;
- Damaged warehouse racks that could collapse;
- Workplace violence risks in certain settings, such as healthcare or gas stations, where the hazard is well documented; and
- Employees riding on the exterior rear step of refuse-collection trucks while vehicles are in transit.
Struck-by hazards and combustible dust are also recognized hazards. Recent cases where OSHA cited the GDC include:
- Employees walking in poorly illuminated areas on a jobsite where heavy vehicle traffic was present, and
- Employees exposed to fire and explosions associated with combustible dust generated during the manufacturing of dietary supplements.
Ergonomic hazards include strain from activities such as lifting, pushing, or repetitive motion. Musculoskeletal disorders (MSDs) like tendonitis, carpal tunnel syndrome, and back injuries can result from these exposures.
Identifying and controlling recognized hazards
A proactive approach is the best defense against a GDC citation. Conducting a job hazard analysis (JHA) helps identify hazards that might otherwise be missed. Observe employees as they perform tasks and ask for their input. They may identify hazards that employers or safety professionals don’t recognize, especially with tasks that occur infrequently or only under specific conditions.
In addition to JHAs, reviewing injury and illness records, near-miss reports, incident investigations, equipment manuals, workers’ compensation claims, industry guidance, and consensus standards can also provide insights.
Once you identify hazards, determine which ones don’t have an OSHA standard, like heat or ergonomics, and prioritize those that could cause serious physical harm or death. Consider the hierarchy of controls and whether the hazard can be eliminated or reduced.
Put reasonable controls in place (such as water, rest breaks, and shade for heat, or lift-assist devices for repeated manual lifting) and keep records showing what’s been done. Documented JHAs, training records, inspection logs, and corrective action reports can all help show that you took the hazard seriously and acted to protect its employees.
The GDC and “inherently risky professions”
On July 1, 2025, OSHA issued a proposed rule that would limit the scope of the GDC. If finalized, OSHA could no longer use the GDC to cite employers of “inherently risky professions,” which includes such activities as motor sports, animal handling and performance, and combat simulation training. (See our related article, “OSHA proposes giving employers with ‘inherently risky professions’ a free pass.”) The agency’s most recent regulatory and deregulatory agenda, published July 3, 2026, reveals OSHA intends to hold public hearings on the proposal starting mid-August.
Key to remember: OSHA uses the General Duty Clause to cite serious, recognized hazards for which there’s no OSHA standard. When you identify and control these hazards and document your actions, OSHA may find it more difficult to establish the four elements necessary for a GDC citation.
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2026-07-09T05:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationHR GeneralistFair Labor Standards Act (FLSA)Non-Exempt employees In-Depth ArticleOvertimeHR ManagementEnglishFocus AreaHuman ResourcesUSA
Exempt or not? We’ve got a checklist for that
Employers don’t have to pay overtime to employees who meet the criteria to be classified as “exempt” under the federal Fair Labor Standards Act (FLSA). Employers may not, however, simply call an employee “exempt.” They must ensure that such employees meet certain criteria. Under the FLSA, employees must:
- Be paid at least $684 per week,
- Be paid the same amount every week they do any work, and
- Perform certain job duties.
The first two requirements are fairly straightforward, but the last one requires some careful consideration by employers. Many employees fall under what’s been dubbed the “white collar” exemption. This exemption includes executive, administrative, or professional employees.
Having a checklist of questions can help determine if employees perform the duties needed to be classified as exempt under these classifications.
Employers must remember that an employee’s job title doesn’t determine whether they’re exempt or not. An administrative assistant, for example, likely won’t meet the criteria to be classified as exempt, as they won’t perform the required duties.
Below is a quick breakdown of questions that employers can ask themselves to see if employees qualify to be exempt.
Executive exemption
- Is the employee’s primary duty managing the enterprise, or managing a recognized department or subdivision of the enterprise?
- Does the employee customarily and regularly direct the work of at least two or more other full-time employees or their equivalent?
- Does the employee have the authority to hire or fire other employees, or are the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees given particular weight?
Administrative exemption
- Is the employee’s primary duty the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers?
- Does the employee’s primary duty include the exercise of discretion and independent judgment with respect to matters of significance?
Learned professional exemption
- Is the employee’s primary duty the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character, and which includes work requiring the regular exercise of discretion and judgment?
- Does the employee have advanced knowledge in a science or learning field?
- Is the employee’s advanced knowledge customarily acquired by a prolonged course of specialized intellectual instruction?
Creative professional exemption
- Is the employee’s primary duty the performance of work that requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor?
- Does the job’s primary function require independence and creative contribution, not just skill?
These questions should give employers a start in determining whether an employee (or a position) meets the duties tests to be classified as exempt under the FLSA.
State laws, however, can have their own variations. In California, for example, as of January 1, 2026, the minimum salary threshold for exempt employees is $1,352 per week ($70,304 per year). Employers with employees in states with higher salary thresholds must comply with those requirements if they’re more beneficial to employees working there.
Key to remember: Answering some questions on this checklist can help employers determine whether an employee/position may be classified as exempt from overtime pay under the FLSA.
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2026-07-09T05:00:00Z
NewsIndustry NewsInternational Registration Plan (IRP)Vehicle registration exemptionsMotorcoach vehicle license or registrationVehicle Registration PermitsFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationRegistration and Permits - Motor CarrierUSA
Does your registration still match your operations?
A truck may have valid plates, current registration, and no obvious paperwork problem, yet still be improperly registered for the work it’s doing today.
As your fleet grows and operations change, it's easy for vehicle registration to lag behind reality. The result can be citations, permit issues, unexpected fees, operational delays, and compliance headaches. Here are three common situations where a registration may no longer match the operation.
Is your registered weight still accurate?
One of the most common registration issues involves registered weight. A vehicle may be legally capable of hauling heavier loads, but that doesn't necessarily mean it’s registered to do so.
As business grows, carriers often begin hauling larger loads, adding customers, or expanding routes. If your vehicle's registered weight isn't updated to reflect those changes, you could face penalties for operating above the weight authorized by its registration.
This issue often goes unnoticed because the truck itself hasn't changed. However, enforcement officials are concerned with how the vehicle is registered, not just what it’s capable of hauling.
Whenever freight volumes, routes, or operating weights change, review your registration records to ensure they still align with actual operations.
Is the vehicle operating under the right plate type?
Not all registrations are created equal. Many states offer specialty or reduced-fee registrations for certain operations, such as:
- Farm vehicles,
- Natural resource vehicles,
- Forestry operations, or
- Other restricted uses.
Specialty plates can save money, but they also come with strings attached. Carriers must comply with those limits for the registration to remain valid. Problems arise when a vehicle's operation changes but its registration does not.
For example, a vehicle may have been properly registered under a specialty plate when it was performing one type of work. If the vehicle later begins hauling different commodities, traveling outside permitted areas, or performing general commercial transportation, it may no longer qualify for that registration class.
A good practice is to review registration classifications whenever equipment is reassigned, new customers are added, or business activities expand beyond their original scope. The registration and the vehicle's use must continue to match.
Has interstate travel changed the rules?
Another common issue occurs when operations expand beyond your home state.
A vehicle that is properly registered for intrastate operations may require additional credentials or registrations once it begins operating across state lines. What starts as an occasional out-of-state trip can gradually evolve into a regular part of the business.
Because the change often happens incrementally, carriers may not realize that their registration and credentialing requirements have changed along with their operations.
Before crossing state lines, evaluate whether additional registration, apportioned registration, permits, or other interstate credentials are required. Waiting until a roadside inspection or audit to discover a registration issue can be a costly mistake.
Three questions to ask
New customers, new commodities, expanded routes, and heavier loads can all affect registration requirements. Before a vehicle goes back on the road after business changes, ask:
- Is this vehicle registered for the weight I'm operating at?
- Does the registration type still match how I'm using the vehicle?
- Has my operating area expanded beyond what the registration was intended to cover?
If the answer to any of those questions is "I'm not sure," it's time for a registration review.
Key to remember: Registration should never be treated as “set it and forget it.” If the operation changes, the registration may need to change with it.
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2026-07-09T05:00:00Z
NewsWasteTSCA ComplianceWater ProgramsEnvironmental Protection Agency (EPA)CAA ComplianceWater ProgramsCWA ComplianceWaste/HazWasteEnglishAir ProgramsIndustry NewsIndustry NewsWasteEnvironmentalFocus AreaSARA ComplianceAir ProgramsUSA
EPA releases 2026 regulatory agenda
The Environmental Protection Agency (EPA) published the 2026 Agenda of Regulatory and Deregulatory Actions on July 3, 2026. The agenda outlines the agency’s upcoming regulatory actions and their status in the rulemaking process. Many of the proposed and final rules support EPA’s continued deregulatory efforts.
Significant updates on EPA’s docket include the following:
- Proposing risk management regulations under the Toxic Substances Control Act (TSCA) for various chemical substances, such as formaldehyde, diisodecyl phthalate (DIDP), and diisononyl phthalate (DINP);
- Aligning the definition of “waters of the United States” with the Supreme Court’s Sackett v. Environmental Protection Agency (2023) decision, which narrowed the definition under the Clean Water Act;
- Finalizing the part 2 risk management regulations for asbestos, including use and associated disposal requirements for legacy asbestos, asbestos-containing talc, and asbestos fibers other than chrysotile;
- Repealing the Carbon Pollution Standards (CPS) that limit greenhouse gas emissions from fossil fuel-fired plants (or repealing a narrower set of requirements under the CPS); and
- Establishing a federal permitting program under the Resource Conservation and Recovery Act (RCRA) for the disposal of coal combustion residuals (CCR).
Additionally, EPA continues to conduct rulemaking related to per- and polyfluoroalkyl substances (PFAS), such as:
- Revising existing effluent limitations guidelines and standards (ELGs) to address PFAS discharges from PFAS manufacturing facilities and chromium electroplating facilities;
- Extending the compliance deadlines for Maximum Contaminant Levels established by the National Primary Drinking Water Regulations (NPDWRs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS); and
- Rescinding the regulations for four PFAS established under the NPDWRs.
This article highlights some of the major rules we’re monitoring closely. You can review the entire agenda to learn about all the rulemakings EPA plans to review, propose, and finalize. Please note that the agenda dates are tentative, indicating when the agency seeks to publish the rulemakings in the Federal Register.
| Final Rule Stage | |
| Projected publication date | Title |
| July 2026 | Reconsideration of the Greenhouse Gas Reporting Program |
| August 2026 | 1-Bromopropane (1-BP); Regulation Under the Toxic Substances Control Act (TSCA) |
| October 2026 | Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives |
| October 2026 | Secondary Lead Smelting: National Emissions Standards for Hazardous Air Pollutants (NESHAP) Technology Review and Reconsideration |
| January 2027 | Listing of Specific PFAS as Hazardous Constituents |
| Proposed Rule Stage | |
| Projected publication date of notice of proposed rulemaking | Title |
| August 2026 | Improving Recycling and Management of Renewable Energy Wastes: Universal Waste Regulations for Solar Panels and Lithium Batteries |
| September 2026 | Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Category (40 CFR 435 Subpart E) |
| October 2026 | Effluent Limitations Guidelines and Standards for the Centralized Waste Treatment Category (40 CFR 437) |
| December 2026 | Clean Water Act Hazardous Substance Facility Response Plans; Amendment Reconsideration |
| December 2026 | National Emission Standards for Hazardous Air Pollutants: Stationary Combustion Turbines; Amendments |
| Pre-Rule Stage | |
| Projected publication date or other action | Title |
| January 2027 (final rule) | Risk Management Program, CAA Section 112(r)(7) (Section 610 Review) |
| August 2026 (begin review) | Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources (Section 610 Review) |
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2026-07-09T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyDisqualifications from drivingDriver licence classificationsEntry-Level driver trainingDriver licence classificationsEntry-level driver trainingFocus AreaEnglishTransportationUSA
Latest rulemaking agenda includes several new initiatives
The Federal Motor Carrier Safety Administration’s (FMCSA’s) latest rulemaking agenda includes several new initiatives aimed at strengthening driver qualification enforcement, reducing fraud, and tightening the oversight of regulated entities.
English-language proficiency
One potential change would make noncompliance with the English-language proficiency standard an out-of-service violation. The rules in 49 CFR 391.11 have long stated that commercial drivers must be able to read and speak English well enough to converse with the public, understand highway signs and signals, respond to official inquiries, and make entries on reports and records. The FMCSA issued enforcement guidance in 2025 directing roadside enforcement personnel to place drivers out of service for noncompliance, and now the agency may change its regulations to make the guidance permanent. A proposal on the topic is expected this summer.
CDL and CLP standards
The FMCSA also plans to propose changes to its commercial driver’s license (CDL) and commercial learner’s permit (CLP) standards. According to the agenda, the proposal would enhance security standards for CDLs and CLPs, strengthen the integrity of the issuance process, reduce the risk of fraud, and update document-verification and record-retention requirements. That proposal is also expected this summer.
Driver training
Another summer proposal would focus on the Entry-Level Driver Training (ELDT) program and the Training Provider Registry. The FMCSA says it has identified noncompliance among some listed training providers, undermining confidence in the ELDT program and creating an uneven playing field for providers that follow the rules. The agency says stronger standards would apply both to initial listing and continued listing on the Registry, with the removal of providers that don’t meet program requirements.
Broker qualifications
The FMCSA also expects a fall proposal addressing broker and freight forwarder qualifications. The rulemaking would implement a federal law saying that brokers and freight forwarders must employ, as an officer, an individual who has either 3 years of relevant experience or satisfactory evidence of knowing all the relevant regulations and industry best practices.
Deregulatory proposal
Finally, the FMCSA plans a deregulatory proposal in late 2026 to rescind 49 CFR Part 374, which contains passenger-carrier regulations transferred from the former Interstate Commerce Commission. The FMCSA says it doesn’t regularly attempt enforcement of those rules, including rules for smoking, bathroom cleanliness, bus temperature, and ticketing.
Next steps
Carriers should keep an eye out for these proposed rules so they can review how the changes and updates might impact their operations. The FMCSA will be seeking public comment as each proposed rule is posted, so don’t miss out on the opportunity to influence the updates that affect your team.
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2026-07-09T05:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyFall ProtectionFall ProtectionFall Protection for ConstructionExpert InsightsEnglishFocus AreaUSA
Expert Insights: Roofing season is here—Don't let fall protection take a vacation
Summer brings sun and fun and also a lot of construction. As I walk my German shepherd through my neighborhood, I can’t help but notice all the residential roofing projects being performed. The percussive pop from nail guns and high-pitch hum from saws always draw my attention, both out of intrigue at their talent and bravery but also concern for their safety.
Being afraid of heights, my safety Spidey senses immediately zero in on fall protection, which is often absent. My concerned heart beats a bit faster knowing that falls account for the largest share of construction fatalities each year, with roofing and residential building construction representing a significant portion of those deaths. In fact, statistics show that roofing contractors accounted for about 26% of fatal falls in 2023, with 110 fatalities attributed to slips, trips, and falls. Unfortunately, the bulk of these fatal incidents involved unprotected edges, incomplete roof decking, or improperly used (or missing) fall protection.
The realities behind the roofline
Residential roofers aren’t intentionally trying to ignore safety, I assure you. They are challenged by a mix of economic, environmental, and cultural pressures, including:
- Existing structures that are not designed with fall protection in mind. Most residential roofs lack built in anchorage points, guardrails, or engineered access so adding them can be expensive and cost prohibitive.
- The belief that fall protection slows the job. NIOSH FACE investigations have shown that small residential roofing crews may believe harnesses, anchors, or lifelines slow movement which ultimately reduces productivity. • Inadequate planning before work starts. All too often in the interest of saving “time” and “money,” pre-job planning is done without worker input and the omission of fall protection discussions.
- Limited resources and safety infrastructure. Residential roofing often means smaller work crews (fewer than 10) who are less likely to have formal training, adequate tools and equipment, or a documented fall protection program in place.
- Misunderstanding regulatory requirements. Widespread confusion still continues among some residential roofers who assume OSHA allows fall protection to be bypassed when it seems “infeasible” on certain roofs. However, OSHA presumes conventional fall protection can be used, placing the responsibility on the employer to prove otherwise.
- A normalization of risk. Almost every safety professional has heard, “it’s how we’ve always done things.” However, when the high-stake dangers of roofing work becomes accepted as routine, serious injuries or fatalities occur. It isn’t always that fall protection can’t work for residential construction, it could simply be a gap in planning, training, or oversight.
Trading tradition for tethered confidence
When it comes to residential roofing, fall risks aren’t new. What is new is how many flexible, practical ways there are to manage them. Even though most residential roofs weren’t built with fall protection in mind, options exist that won’t cause major work disruption like:
- Temporary anchors,
- Portable lifelines,
- Guardrail systems, or
- Lift based work platforms.
When protective systems are selected early and set up correctly, it becomes part of the job, not something that slows progress.
To make the most of summer weather, job planning happens fast or not at all, which is when fall protection gets skipped. A few minutes before work starts to talk through roof hazards, access points, and protection options can prevent catastrophes later. Worker input matters here. Those doing the work often have the best ideas for what will and won’t work on a specific roof project.
Proper fall protection doesn’t require a complicated program or stack of paperwork. Basic training, the right equipment, and a simple written plan go a long way. Part of that training should include clearing up confusion about OSHA rules. Fall protection is expected, and “infeasible” is the exception, not the rule.
Finally, watch out for normalized risk. Just because a task feels routine doesn’t mean it’s safe. Most fatal falls aren’t caused by impossible conditions, but when there are gaps in communication and supervision.
Neighborhood walks give us a front row seat to the work happening around us. Roofing crews are building and repairing the places we call home. So, let’s plan up, tether up, and speak up so every crew member has a better chance of going home safe at the end of the day!
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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.