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2026-08-06T05:00:00Z
NewsIndustry NewsAccident Investigation - OSHAAccident Investigation - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
What near misses are trying to tell you
Nobody got hurt. Nothing was damaged. It's easy to shrug and move on. A near miss is still an incident. A hazard existed, someone was exposed to it, yet the exposure didn't result in injury, illness, or damage.
That doesn't mean the hazard is gone. If it's ignored, the risk remains, and the next incident could have a very different outcome. If you see a close call, say something. If you hear about one, act on it. That's what turns a near miss from a warning sign into an opportunity for prevention.
Same hazard, different outcome
The problem with ignoring a near miss is that the hazard is often still there. Consider this common workplace situation.
A ceiling pipe had been dripping in a lobby corridor for three weeks. A repair ticket sat in the backlog, and custodial staff mopped the puddle every morning before the building filled. Since the leak wasn’t viewed as urgent, nothing changed.
A week before anyone got hurt, a worker slipped on the wet floor but caught the handrail and walked away unharmed. The near miss went unreported, the leak continued, and conditions remained exactly the same. Then another worker slipped in the same location, fell, and injured an ankle.
The hazard, exposure, and circumstances were nearly identical. One incident ended as a near miss and the other resulted in an injury. The difference was the outcome, not the hazard.
Had that first near miss been reported and investigated, important questions would’ve surfaced immediately. How long had the leak existed? Why was the area not marked? Why was the repair request still sitting in the backlog? The real issue wasn’t the worker who slipped. It was a system that failed to recognize and prioritize a safety critical repair.
Turning near misses into prevention
Most near misses go unreported for a handful of predictable reasons. Employees may fail to report incidents because they don’t view them as significant, are concerned about potential repercussions, are unsure of the reporting process, or doubt that any action will be taken. That last reason can be the most damaging because it teaches people that speaking up is pointless.
The question is not whether near misses happen in your workplace. They do. The question is whether people report them and whether anything happens when they do.
Creating a strong reporting culture starts with action, not just encouragement.
- Make reporting easy. If reporting is difficult, people will not do it. Use simple tools such as a paper form, anonymous drop box, or QR code linked to a reporting form.
- Respond every time. Not every reported incident requires a full investigation, but every report deserves acknowledgment. Silence quickly kills reporting culture.
- Investigate for causes, not blame. Focus on what allowed the hazard to exist rather than who made a mistake.
- Assign owners and deadlines. Every corrective action should have a responsible person and a due date. Simply telling employees to "be careful" isn’t a corrective action.
- Fix it now and for good. Put interim controls in place immediately, such as signage, barriers, or containment measures, while working toward a permanent solution.
- Close the loop. Verify the fix worked and share what was learned. One incident may reveal a hazard that exists elsewhere in the organization.
Prevention starts here
While OSHA doesn’t require employers to report every near miss, the agency recognizes the value of identifying and correcting hazards before they cause an injury. Near miss investigations are included in OSHA's Recommended Practices for Safety and Health Programs and are a required element of OSHA's Voluntary Protection Program (VPP).
Some OSHA approved state plans go even further and specifically require employers to investigate workplace incidents and identify underlying causes as part of their injury and illness prevention efforts. These requirements reinforce the value of investigating near misses to identify hazards and take corrective action before someone gets hurt.
Key to Remember: A near miss is an incident without an injury, but it is not an incident without value. Investigate it, identify the root cause, and fix the hazard before the next incident has a different outcome.
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2026-08-06T05:00:00Z
NewsHuman Resource ManagementHuman Resource ManagementFamily and Medical Leave Act (FMLA)In-Depth ArticleUSAHR ManagementEnglishDiscriminationIndustry NewsDiscriminationHR PoliciesRecruiting and hiringGenetic Information Nondiscrimination ActPolicies and ProceduresRecruiting and hiringHR GeneralistFocus AreaMedical ExaminationsAssociate RelationsDisabilities and ADAHuman Resources
Remember GINA? Don’t forget this genetic rule when making employment decisions
GINA is short for the federal Genetic Information Nondiscrimination Act of 2008. The law generally prohibits employers from asking employees or job applicants about their family medical history.
The GINA doesn’t come up every day in the workplace, but employers should still be familiar with its requirements. The Equal Employment Opportunity Commission (EEOC), which enforces the workplace part of the law, recently sued an employer over a GINA violation. The case is a helpful reminder of what employers should avoid.
In the lawsuit, the EEOC said the employer asked job applicants for genetic information from at least January 2022 through October 2024. During a pre-employment physical, applicants had to say whether their parents, siblings, or grandparents ever had certain health conditions, including cancer, tuberculosis, diabetes, epilepsy, asthma, or mental illness.
Don’t ask
The basic GINA rule is simple: Employers may not generally ask for, require, or buy genetic information about an employee or job applicant.
That includes information about diseases or health conditions in an employee’s or applicant’s family members’ medical history.
Don't use
The GINA also says employers shouldn’t treat someone differently because of genetic information. That rule applies to every aspect of employment, including hiring, firing, pay, job duties, promotions, layoffs, training, benefits, and other work terms. In short, genetic information should never be used to make a job decision because it doesn’t show whether someone can currently perform the job.
Employers also need to watch for harassment based on genetic information. The harasser could be a supervisor, another manager, a coworker, or even someone outside the company, such as a client or customer.
6 exceptions
There are a few narrow exceptions when it comes to GINA rules. Employers may receive genetic information in these six situations:
- They receive it by accident. For example, a manager might overhear an employee talking about a family member’s illness.
- The information comes through health or genetic services, such as a voluntary wellness program, and they follow the required rules.
- The information is part of a certification supporting leave under the federal Family and Medical Leave Act, a similar state or local leave law, or a company leave policy, when an employee asks for leave to care for a family member with a serious health condition.
- They find the information in a public source, such as social media, as long as they weren’t looking for genetic information or searching places where that information is likely to appear.
- They collect the information through a genetic monitoring program that checks the effects of toxic substances at work if the program is required by law or follows the rules for voluntary programs.
- They do DNA testing for law enforcement or to identify human remains. In that case, employee genetic information may be used only for quality control and to spot sample contamination.
EEOC v. Dana Sealing Manufacturing, LLC, U.S. Eastern District of Kentucky, No. 5:26-cv-00233.
Key to remember: Employers shouldn’t ask for family medical information when not allowed, and they shouldn’t use it when making employment decisions.
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2026-08-06T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyClassification - HazmatMaterials of trade - HazmatHazmat: HighwayHazmatFocus AreaHazmat EnforcementEnglishTransportationUSA
PHMSA finalizes HM-268 series of rules
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has finalized the HM-268 rulemaking package, turning many of its 2025 proposals into regulatory changes affecting a wide range of hazardous materials transportation requirements. The final rules were published on August 4, 2026, with most becoming effective on September 3, 2026.
HM-268 Final rules at a glance
- HM-268A – Revised the definition of an aerosol to include gas-only aerosols, harmonizing with international standards.
- HM-268B – Authorized a reduced-size limited quantity marking for certain domestic shipments.
- HM-268C – Increased lithium battery limits under the Materials of Trade exception.
- HM-268D – Allows the use of electronic emergency response information.
- HM-268E – Removed PHMSA's duplicate hazardous substance list and references EPA's list instead.
- HM-268F – Allows continued use of qualifying special permit packaging after permit expiration under specified conditions.
- HM-268G – Allows special permit and approval renewal applications to be filed any time before expiration.
- HM-268H – Requires electronic payment of PHMSA registration fees.
- HM-268I – Allows motor and vessel carriers to carry PHMSA registration documents electronically.
- HM-268J – Increased the farmer security training exemption threshold to reflect inflation.
- HM-268K – Removed outdated rail-related reporting requirements and updated tank car unloading provisions.
- HM-268L – Incorporated long-standing special permit provisions allowing certain drums and Intermediate Bulk Containers (IBCs) to be unloaded while remaining on a vehicle.
- HM-268M – Expanded relief for refrigerating machines containing flammable refrigerant gases.
- HM-268N – Authorized transportation of larger refrigerating machines containing low-flammability refrigerants under specified conditions.
- HM-268O – Adopted Special Permit 14175, allowing a 10-year requalification interval for certain DOT 3A and 3AA cylinders.
- HM-268P – Reduced paperwork requirements for qualifying empty residue IBCs.
Collectively, the HM-268 final rules update a range of hazardous materials transportation requirements affecting aerosols, lithium batteries, special permits, registration documents, rail operations, refrigerating machines, cylinders, and residue packagings.
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HR Monthly Round Up - July 2026
In this July 2026 roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.
On June 30th, the Equal Employment Opportunity Commission announced that it voted to rescind two documents relating to permissible affirmative action under Title VII of the 1964 Civil Rights Act. The rescission doesn’t reverse the U.S. Supreme Court’s decisions in two cases in which the Court recognized that Title VII may allow for certain voluntary affirmative action plans in limited circumstances.
In lieu of the EEOC’s actions, employers may want to assess whether any existing policies or programs could be affected by changes in the federal government’s approach to affirmative action.
One other quick EEOC update, the agency published its 2026 regulatory agenda on July 6th, indicating that it plans to publish a proposed rule in November that would change the Pregnant Workers Fairness Act regulations. The EEOC wants to revise the interpretation of the words “pregnancy, childbirth, or related medical conditions.” Stay tuned for more on this in the coming months.
Also, on July 6th, the U.S. Department of Labor’s Wage and Hour Division published its 2026 regulatory agenda. The agency noted that a proposed rule on joint employer status was slated for July 2026, and a final rule on independent contractor status is expected in October 2026. However, these dates, like the EEOC one, are estimates and subject to change.
Our last HR update for this month is all about retaliation, specifically as it pertains to the Family and Medical Leave Act. Employers are prohibited from taking adverse employment actions because employees exercise their FMLA rights. For example, giving an employee who took FMLA leave a smaller pay increase or a lower bonus could be seen as retaliating against them.
That’s what the Third Circuit Court of Appeals ruled in June against an employer that had given an employee a more than 40 percent reduction in bonus and salary increase compared to previous years. The employer ultimately fired the employee who then sued.
The court found the timing of the lower amounts was unusually suggestive, as they happened right after he took FMLA leave, which implied it was retaliatory.
That’s all the HR news we have time for today. Thanks for watching. See you next month!
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NewsGreenhouse GasesEnforcement and Audits - OSHAMonthly Roundup VideoWalking Working SurfacesCAA ComplianceUSAInjury and Illness RecordkeepingLaddersEnglishIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthInjury and Illness Recording CriteriaGeneral Industry SafetyEnvironmentalFocus AreaAir ProgramsVideo
EHS Monthly Round Up - February 2026
In this Februrary 2026 roundup video, we'll discuss 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. Let’s take a look at what happened over the past month.
Fatal work injuries fell 4 percent in 2024, largely due to a decline in workplace drug- and alcohol-related overdoses. According to the Bureau of Labor Statistics, overdose fatalities fell from 512 in 2023 to 410 in 2024. Across all types of workplace incidents, there were 5,070 fatal work injuries in 2024, compared to 5,283 in 2023. Transportation incidents continue to be the most frequent type of fatal event, accounting for over 38 percent of all occupational fatalities in 2024.
OSHA is fast-tracking a proposal to remove the 2036 obligation to upgrade fall protection systems on fixed ladders that extend over 24 feet. This follows an industry petition from major chemical and petroleum industry groups, which argue the provision is unjustified, costly, and not supported by the rulemaking record. OSHA frames the upcoming proposed action as deregulatory, allowing employers to update fixed ladders at the end of their service lives. We’ll provide updates as more information becomes available.
As OSHA leans into “deregulatory” actions, lawmakers are moving to pressure the agency to issue “regulatory” rulemaking to protect American workers. The latest legislative wave of bills aims to fill regulatory gaps, tackle emerging hazards, expand OSHA authority, and raise penalties. Topics addressed by these bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence.
In a recently issued letter of interpretation, OSHA states that a burn injury caused by a personal lithium-ion battery fire is work related if it occurs in the workplace during assigned working hours. The letter details an incident where an employee was burned when their rechargeable lithium-ion batteries for e-cigarettes sparked a fire after coming into contact with a key used for work.
A new report from the Department of Labor Office of Inspector General concludes that OSHA struggles to meet its mission, particularly in high-risk industries like healthcare, construction, and manufacturing. Several pages point to OSHA’s difficulties in effectively enforcing annual injury and illness reporting requirements, reaching the nation’s high-risk worksites for inspection, and addressing workplace violence by regulatory or other action.
Turning to environmental news, EPA extended the deadlines for Facility Evaluation Reports and related requirements for coal combustion residuals facilities. In most instances, the deadlines have been moved one or two years out.
And finally, EPA announced a final rule eliminating the 2009 Endangerment Finding and related greenhouse gas emission requirements for on-highway vehicles and vehicle engines. When the final rule takes effect, manufacturers and importers of new motor vehicles and motor vehicle engines will no longer have to measure, report, certify, or comply with federal greenhouse gas emission standards.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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NewsMonthly Roundup VideoTraining & DevelopmentFamily and Medical Leave Act (FMLA)Retirement BenefitsFamily and Medical Leave Act (FMLA)Retirement BenefitsHuman ResourcesHR ManagementEnglishUSATalent Management & RecruitingAssociate Benefits & CompensationDiscriminationIndustry NewsDiscriminationTitle VII (The Civil Rights Act of 1964)Affirmative ActionRace DiscriminationEmployee BenefitsProtected classesHR GeneralistHealth Savings Accounts (HSAs)Associate RelationsFocus AreaVideo
HR Monthly Round Up - June 2026
In this June 2026 roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.
The IRS recently announced the 2027 contribution limits for Health Savings Accounts (or HSAs). Employees with self-only coverage will be able to save an additional $100 annually in their HSAs next year, meaning they’ll be able to contribute up to $4,500 in 2027.
To contribute to an HSA, an employee must be enrolled in an HSA eligible High-Deductible Health Plan, which is generally a health plan that only covers preventive services before the deductible.
In other news, did you know that job protections begin when employees ask for leave under the federal Family and Medical Leave Act (or FMLA), not just when leave begins? This is especially important to remember when an employer wants to discipline or fire an employee who asks about leave.
In a recent case out of the Sixth Circuit Court of Appeals, the court found in favor of the employer, because the employer had well-documented evidence of an employee’s poor job performance as the reason for the termination even though the employee was requesting FMLA leave.
And, finally, a decades-old rule that helps protect companies that voluntarily implement affirmative action plans may be eliminated if the federal Equal Employment Opportunity Commission gets its way.
The EEOC submitted a proposal to the White House regulatory office on May 27 that would eliminate the agency’s 1979 regulation clarifying how employers could implement affirmative action strategies in line with Title VII of the 1964 Civil Rights Act. Submission to the regulatory office is the last step before the final rule is published in the Federal Register.
The proposed rescission of the voluntary affirmative action plan rules must undergo a formal notice-and-comment period. Interested stakeholders can submit a public comment, and the EEOC must review them before a final rule is published.
In the meantime, employers may want to assess whether any existing policies or programs could be affected by changes in the federal government’s approach to affirmative action.
That’s all the HR news we have time for today. Thanks for watching. See you next month!
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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.