Regulatory Compliance News & Updates
Keep up to date on the latest
developments affecting OSHA, DOT,
EPA, and DOL regulatory compliance.
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
2026-03-24T05:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
Types of certifications and when to use them
The certification is often the crux of administering leave under the federal Family and Medical Leave Act (FMLA). The law permits employers to request them at certain times, and the U.S. Department of Labor provides model forms for all but one type of certification.
Employers aren’t required to request any certification from employees, but may do so, except when leave is strictly for bonding with a healthy child.
Initial certification
When an employee first puts the employer on notice of the need for leave, the employer must give the employee an eligibility/rights and responsibilities notice. Along with this, the employer may include a certification form and require the employee to have it completed and returned.
Second (and third) opinions
If an employer has reason to doubt the validity of an initial certification for leave taken for a medical reason, it may ask for a second opinion. The employer may choose the health care provider, but must pay for it. If the second opinion differs from the initial certification, the employer may ask for a third opinion, which is binding. The employer and employee must agree on the health care provider, and the employer must pay for the third opinion.
Employers may not request second opinions when employees take leave for a military family member.
Recertification
During a leave year, employers may request recertifications, but no more than once every 30 days and only in connection with the employee's absence. If, however, the certification specifies a minimum duration for the condition, the employer must wait until that minimum has elapsed. Some conditions last for years or even a lifetime, which is why employers may ask for a recertification in six months, again in relation to an absence.
Employers don’t have to wait the 30 days, minimum duration, or six months in limited situations:
- The employee requests an extension of leave;
- Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications). or
- The employer receives information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification.
Employers may not request second opinions for recertifications.
Annual certification
When a medical condition persists for an extended period, employers may require employees to provide a new certification in the new leave year. The employer must wait until the employee provides notice of the need for leave for the first time in the new leave year. Basically, the employer treats it as a new leave request.
Fitness-for-duty certification
When employees take FMLA leave for their own condition, employers may require that they provide a certification before returning to work confirming they are able to return. The DOL doesn’t have a model form for this. Employers must indicate this requirement with the designation notice.
Key to remember: While employers may request certifications, they must be aware when they may do so.
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RECENT INDUSTRY HIGHLIGHTS
2026-03-24T05:00:00Z
NewsProcess Safety ManagementPersonal Protective EquipmentElectronic Reporting of Injury and Illness RecordsGeneral Duty ClauseLockout/TagoutErgonomicsIn-Depth ArticleUSAHuman ResourcesHR ManagementEnglishErgonomicsPersonal Protective EquipmentIndustry NewsWorkplace ViolenceHeat and Cold ExposureWorkplace ViolenceSafety & HealthConstruction SafetyInfectious DiseasesFirst Aid and MedicalGeneral Industry SafetyAgriculture SafetyMaritime SafetyGeneral Duty ClauseHazardous Materials Safety - OSHAFirst Aid and MedicalFocus AreaInjury and Illness Recordkeeping
Mounting pressure on OSHA as hazards jostle for attention
Forces are nudging OSHA to address a number of workplace hazards and high-hazard industries. Those signals are coming from other agencies, safety organizations, watchdogs, legislative proposals, and persistent injury/fatality data. Each points to a different safety and health concern, competing for OSHA’s bandwidth. Yet none dictates where OSHA will turn next.
How all this translates into new regulations, guidance, programmed inspections, or other initiatives remains to be seen. If OSHA adds a rule, it is bound by an executive order to remove 10 existing regulations. Any of these actions would also compete with items already on the agency agenda, which could be published at any time.
However, the absence of a particular rule or standard does not mean employers are off the hook. The General Duty Clause of the Occupational Safety and Health Act requires employers to provide a place of employment that is free from recognized hazards that are likely to cause death or serious physical harm to employees.
Combustible dust
The Chemical Safety and Hazard Investigation Board (CSB) released a new video examining a fatal combustible dust explosion/fire. Five employees at a Wisconsin corn mill were killed and 14 others were injured. Board Member Sylvia Johnson states, “The CSB has been calling for a comprehensive [OSHA] standard on combustible dust for many years to help prevent tragic, deadly incidents like [this] one … from continuing to occur. Robust regulation is absolutely essential to keep these incidents from happening in the future.”
First aid and eye, face, and head protection
Nine safety organizations petitioned OSHA urging the agency to adopt more modern consensus standards. Those standards include:
- ANSI/ISEA Z308.1-2026, -2019, and -2014 — American National Standard for Minimum Requirements for Workplace First Aid Kits and Supplies;
- ANSI/ISEA Z87.1-2025, -2020, and -2015 — American National Standard for Occupational and Educational Personal Eye and Face Protection Devices; and
- ANSI/ISEA Z89.1-2026, -2019, and -2014 — American National Standard for Industrial Head Protection.
The petition argues that the suggested updates to 29 CFR 1910 would not add compliance costs. Rather, the changes would offer employers greater choices in first aid kits and personal protective equipment, while improving safety, the organizations contend.
Workplace violence
A recent report from the Department of Labor Office of Inspector General states that OSHA could “enhance its efforts to address workplace violence, which may include taking regulatory action.” OSHA currently uses the General Duty Clause (not a regulation) for enforcement of work violence hazards.
The Inspector General says it will audit the effectiveness of the General Duty Clause in OSHA’s enforcement of workplace violence. The latest Bureau of Labor Statistics (BLS) data show that 9.3 percent of all work fatalities in 2024 were attributed to homicide.
A Workplace Violence in Healthcare and Social Assistance proposed rule is on OSHA’s long-term agenda.
Musculoskeletal disorders, heat, and more
Federal lawmakers are moving to force OSHA to issue regulatory rulemaking to protect American workers. The House and Senate have ten bills on the table so far. Topics addressed by these Congressional bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence. See our previous article, “9 OSHA bills to mandate gap-closing rules, wider coverage, steeper fines,” dated February 3, 2026. One bill was added after the issuance of that article.
Healthcare, transportation, warehousing, retail, and manufacturing injuries/illnesses
According to a new OSHA report, four industries, together, reported over 85 percent of all the injury and illness incidents tallied in data submitted under 29 CFR 1904.41 for 2024. Those included:
- Healthcare and social assistance,
- Transportation and warehousing,
- Retail trade, and
- Manufacturing.
The “2024 Annual Report: Work-related Injuries and Illnesses” also put a spotlight on three safety and health topics:
- Robotics in the manufacturing sector,
- Meat processing industry, and
- Young workers.
Transportation incidents
Transportation incidents continued to be the most frequent type of fatal event, per BLS data posted last month. These incidents accounted for 38.2 percent of all work fatalities in 2024. This is an uptick from the 36.8 percent reported in 2023. The good news is roadway incidents involving motorized land vehicles dropped 8.5 percent. The figure plummeted to 1,146 in 2024 from 1,252 in 2023. Roadway incidents still made up over one-in-five fatal work incidents in 2024.
In mid-January last year, OSHA said it wanted employers to “make safety a core principle by integrating safe driving and transportation practices into their businesses' safety and health management systems.” The idea was to foster a culture of safety and preventive practices to protect workers on the nation's roads. The statement was part of a joint initiative with the National Safety Council and the Road to Zero Coalition. The agency pointed to its Motor Vehicle Safety webpage.
While transportation incidents persist as the number one source of work fatalities, the 2025 BLS data, which should be issued in December 2026, may reveal whether OSHA’s joint-initiative efforts are making a dent.
Key to remember
Several forces are nudging OSHA to address a number of workplace hazards and high-hazard industries. Each points to a different safety and health concern, competing for OSHA’s bandwidth.
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2026-03-24T05:00:00Z
NewsIndustry NewsEnglishFuel/Mileage Tax PermitsIn-Depth ArticleHeavy vehicle use tax HVUTFleet TaxesFocus AreaUSA
Expert insights: the cost of operating without the proper permits
Compliance isn’t just a regulatory requirement; it’s a strategic business decision. However, many still view trip, fuel, and oversize/overweight (OS/OW) permits as administrative hurdles, rather than essential safeguards. This mindset exposes carriers to risks that extend far beyond a simple citation at the roadside.
These permits are required any time you need to transport a load which:
- requires you to operate within a jurisdiction in which you do not have permanent credentials, or
- exceeds the size and weight standards set by the state or federal government.
Obtaining these permits allows you to operate within another jurisdiction, or haul an oversize/overweight load for a single trip or a period of time. This is a simple step to take to protect yourself from the hidden costs associated with non-compliance.
The cost of compliance
Fees range greatly from state to state, permit to permit, and can even vary based on load and trip specific details: such as length of time the permit is needed for, or the size and weight of the load. Some permits will be a flat fee for a single day trip, while others may be calculated as an amount per mile or weight.
But what happens when you don’t obtain the permit and do it anyway? Let’s consider some of the often overlooked financial, operational, and safety risks of non-compliance.
The cost of noncompliance
There are many consequences carriers may face when they operate without proper permits, with some being more obvious than others.
- Immediate financial penalties. Operating without the proper authority can result in fines of up to thousands of dollars per violation. These penalties vary by state or jurisdiction, and by type of violation.
- Impoundment and delays. Law enforcement may not simply issue a fine and allow your driver to continue with their delivery. Instead, they may re-route your driver or impound equipment and/or freight in addition to issuing that fine. So now, you have a fine to pay and a delay in operations which will likely ripple on from this job to the next.
- Increased operational costs. With delays come increased operational costs. This can come in the form of additional fuel costs, lodging for your driver, and even potential equipment or freight damage from the extended drive time or impoundment.
- Damage to safety scores and compliance records. Failure to comply with the regulations can result in a higher Compliance, Safety, Accountability (CSA) safety rating. This may lead to increased inspection rates, higher insurance premiums, an elevated risk of audit, and damaged reputation.
- Legal and liability exposure. In the event of an accident, you want to be in the most defensible position. If your driver was hauling an improperly permitted load, it shows the judge and jury that you don’t take the rules seriously, and if you aren’t compliant here, they may begin to wonder, “Where else are you slacking?”
The ROI of compliance
Operating without proper permits can lead to violations, ultimately meaning that the cost of non-compliance is far greater than that of the permit.
Additionally, the benefits of compliance go beyond the initial financial burden, as proper permitting improves efficiency, safety scores, and customer satisfaction – all of which help your business to grow and thrive over time.
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2026-03-24T05:00:00Z
NewsIndustry NewsCERCLA, SARA, EPCRACommunity Right to KnowToxics Release Inventory ReportingEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishSARA ComplianceFocus AreaUSA
Toxics Release Inventory: Are you ready to report?
Every year at the beginning of July, industrial facilities across the nation can breathe a collective sigh of relief — their annual inventories of toxic chemicals are complete! To ensure that your facility can be part of that celebration (and avoid a chaotic rush to meet the deadline), now’s the perfect time to start preparing for the Toxics Release Inventory (TRI).
The Environmental Protection Agency’s (EPA’s) TRI program requires industrial facilities to report waste management data on certain toxic chemicals they manufacture, process, and use by July 1 each year. Is your facility ready to report? Here’s an overview of the TRI program to help you answer this question.
Who’s covered by TRI reporting?
Generally, TRI reporting applies if the facility:
- Is in a covered industry sector (40 CFR 372.23);
- Employs 10 or more full-time-equivalent employees; and
- Manufactures, processes, or otherwise uses a covered chemical or chemical category (372.65) in quantities above the threshold levels (372.25, .27, and .28) in a given year.
TRI tip: The TRI reporting year (RY) reflects the calendar year covered by the report, not the year in which you submit the report. For example, TRI reports for RY 2025 are due by July 1, 2026.
What’s covered by TRI reporting?
Facilities must submit the TRI Form R (or the streamlined Form A Certification Statement if eligible) for each TRI-listed chemical manufactured, processed, or used during the previous calendar year. The data covers chemical waste management activities (including releases to the environment) and any actions taken to reduce or prevent chemical waste.
Facilities usually report for each chemical:
- The quantities of releases (routine and accidental),
- Any releases caused by catastrophic or other one-time events,
- The maximum amount on-site during the year, and
- The amount contained in wastes managed on-site or transferred off-site.
What’s new for RY 2025?
The TRI reports for RY 2025 contain three differences from previous years:
- The de minimis level for anthracene was lowered from 1.0 percent to 0.1 percent. Anthracene’s Chemical Abstracts Service Registry Number (CASRN) is 120-12-7.
- More activity sub-use codes were added to the sub-use codes for “processing” and “otherwise use” activities.
- Nine per- and polyfluoroalkyl substances (PFAS) were added to the TRI chemical list:
| EPA registry name | CASRN |
|---|---|
| 6:2 fluorotelomer sulfonate acid | 27619-97-2 |
| 6:2 fluorotelomer sulfonate ammonium salt | 59587-39-2 |
| 6:2 fluorotelomer sulfonate anion | 425670-75-3 |
| 6:2 fluorotelomer sulfonate potassium salt | 59587-38-1 |
| 6:2 fluorotelomer sulfonate sodium salt | 27619-94-9 |
| Acetic acid, [(.gamma.-.omega.-perfluoro-C8-10-alkyl)thio] derivs., Bu esters | 3030471-22-5 |
| Ammonium perfluorodecanoate | 3108-42-7 |
| Perfluoro-3-methoxypropanoic acid | 377-73-1 |
| Sodium perfluorodecanoate | 3830-45-3 |
How are TRI reports submitted?
Facilities must submit TRI reports electronically to the TRI-MEweb application on EPA’s Central Data Exchange (CDX). Even if a facility uses its own software to prepare TRI forms, it must upload and submit the forms to TRI-MEweb.
TRI tip: To complete the submission process on TRI-MEweb, you need to assign one user the Preparer role and another user the Certifying Official role. Ensure both users have added TRI-MEweb to their CDX user accounts.
TRI reports must be submitted to both EPA and the state. If your facility’s state participates in the TRI Data Exchange (TDX), TRI-MEweb will automatically send your report to the state. If your facility’s state doesn’t participate, you must send a hard copy of the report to the TRI state contact.
TRI tip: Use EPA’s “TRI Data Exchange” webpage to determine whether your facility’s state participates in TDX. As of March 2026, all 50 states participate in TDX. The District of Columbia doesn’t participate.
More TRI tips
Keep these things in mind when preparing your TRI reports:
- You must submit a Form R (or Form A if eligible) for each TRI-listed chemical your facility manufactured, processed, or otherwise used above the threshold quantity.
- TRI data is publicized. If a chemical’s identity needs to be protected, you have to submit substantiation forms to claim the chemical identity as a trade secret. EPA must approve the claims. Further, for each chemical with a trade secret claim, you have to mail hard copies of the substantiation forms and the corresponding Form Rs (or Form As if eligible) to EPA and the state.
- EPA’s online GuideME platform offers comprehensive guidance for TRI reporting, including reporting forms and instructions, the TRI chemical list, and Q&As.
- Contact the state environmental agency directly to confirm the submission method. EPA’s “TRI State Contacts” webpage contains state contact information.
- Register your facility on CDX or ensure your facility’s CDX account is updated as soon as possible to avoid delays caused by technical issues.
Start preparing for TRI reporting now to give your facility plenty of time to gather data, complete the forms, and respond to unexpected issues that could arise. That way, your facility can breathe easily throughout the whole reporting season.
Key to remember: The submission deadline for TRI reporting is July 1, 2026. Make sure your facility is ready to report.
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2026-03-23T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Revoked security clearance doesn't override FMLA leave law, court rules
A security job isn’t the same as job security.
Nathan and Matthew worked as security police officers for a company where they were contracted out to positions at the U.S. Department of Energy (DOE). The contracting company and the DOE were joint employers.
In August 2024, both took leave under the federal Family and Medical Leave Act (FMLA); Nathan for elbow surgery and Matthew for the birth of his child.
When the two officers tried to return to work in December, however, they were told that the DOE had revoked their security clearances, rendering them ineligible to continue working there.
The contracting company then fired them.
The employees filed a lawsuit against the contracting company and the DOE, claiming that they interfered with their right to take FMLA leave.
In court
The joint employers argued that security-clearance decisions can’t be subject to judicial review. But the employees didn’t ask for such a review. Instead, their complaint asserted that the DOE failed to follow its own regulations and procedures in ways that violated the FMLA.
The employees alleged, for example, that DOE regulations required it to:
- Obtain their signatures before firing them,
- Initiate an administrative review process that would have allowed them to contest their clearance withdrawals, and
- Channel revocations through specified processes.
The DOE bypassed these steps to unlawfully fire them in violation of the FMLA.
The employees also claimed that the contracting company violated the FMLA when it didn’t return them to work, including in an equivalent position. Instead, it fired them.
The court pointed out that the FMLA requires employers to reinstate employees following their return from leave. Alternatively — say, for example, an employee’s original position is no longer available — the employer is obligated to place them into an equivalent position.
The court disagreed with the employers and allowed the employees’ FMLA claim to proceed.
Adam Putnam, et al., v. Centerra Group, LLC, et al., District Court of Columbia, No. 25-1272, February 25, 2026.
Key to remember: Just because an employee loses a work clearance doesn’t mean employers can use that to overlook their FMLA obligations.
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2026-03-20T05:00:00Z
NewsI-9sI-9sE-VerifyHuman ResourcesEnglishTalent Management & RecruitingAssociate Benefits & CompensationIndustry NewsIndustry NewsRecruiting and hiringRecruiting and hiringApplications/ApplicantsAssociate RelationsFocus AreaUSA
Form I-9 guidance issued for work authorization extensions
Federal agencies have released Form I-9 guidance for employers with employees whose work authorization status has been extended by court orders.
Courts have paused the expiration dates of employment authorization documents (EADs) for individuals from six countries:
- Burma
- Ethiopia
- Haiti
- Somalia
- South Sudan
- Syria
The designation of temporary protected status (TPS) for individuals from these countries had been terminated at the direction of the Secretary of Homeland Security. The TPS for the six countries was slated to end between November and mid-March.
However, courts in the District of Columbia, Illinois, Massachusetts, and New York stayed the termination of the TPS status, putting it on pause. This extends the TPS designation for workers from the six countries impacted by the court decisions.
Form I-9 guidance
The decisions extend the validity of EADs issued with TPS for the six countries impacted by the court orders.
United States Citizenship and Immigration Services (USCIS) and E-Verify have issued the following guidance for filling out the Form I-9 for individuals impacted by the court orders.
Section 1: Input “as per court order” in the Expiration Date field.
Section 2: For individuals with TPS from the countries below, input the following dates in the Expiration Date field and place a note in the Additional Information box:
- Burma: March 30, 2026
- Ethiopia: April 8, 2026
- Haiti: March 27, 2026
- Somalia: March 31, 2026
- South Sudan: April 10, 2026
- Syria: March 24, 2026
Employers may download the TPS webpage for Burma, Ethiopia, Haiti, Somalia, South Sudan, or Syria and attach it to the Form I-9.
Key to remember: Employers should follow federal government Form I-9 guidance for individuals whose temporary protected status has been extended.
E-Verify guidance
When completing a case in E-Verify, employers are to enter the expiration dates from Section 2 of the Form I-9.
Employers are encouraged to check the USCIS website regularly for updated information. Key to remember: Employers should follow federal government Form I-9 guidance for individuals whose temporary protected status has been extended.
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