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EHS Monthly Round Up - June 2026
In this June 2026 monthly roundup 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. Let’s take a look at what happened over the past month.
OSHA won’t increase its penalty amounts in 2026. The agency is required to annually adjust its penalties for inflation, based specifically on the October Consumer Price Index data released by the Bureau of Labor Statistics. Due to a lapse in funding, BLS did not release the October 2025 data. Because no alternative calculation is allowed, OSHA penalties will remain at the 2025 amounts.
OSHA updated its inspection guidance for the Hazard Communication standard. While the document is geared towards OSHA inspectors, it provides insights for chemical manufacturers, importers, distributors, and employers as to what the agency will look for during an inspection.
OSHA will hold a series of informal, virtual hearings on multiple proposed rules beginning August 19th. The majority relate to respiratory protection requirements for different chemical substances. All of the proposed rules were originally published in the Federal Register on July 1, 2025.
Nevada OSHA published a list of frequently asked questions related to its recently adopted heat illness rule. The state’s rule took effect April 29.
Turning to environmental news, EPA restored emergency-related affirmative defense provisions for Title V operating permits. This allows stationary sources to assert a regulatory affirmative defense for certain air emission violations caused by events beyond their control.
EPA released two proposed rules that would have major impacts on drinking water regulations for PFAS. The agency will accept comments on the proposals until July 20.
And finally, EPA now allows facilities to submit PCB annual reports electronically. Facilities can start with the upcoming report that’s due July 15.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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2026-07-07T05:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaEnglishTransportationHazmat RecordkeepingUSA
Keep your hazmat procedures relevant and reliable
Have you ever looked at a procedure and thought, "There's no way we do it that way anymore?" If so, you're not alone.
Most procedures are created with the best intentions. However, over time, things change. New products are introduced, software gets updated, job responsibilities shift, and experienced employees naturally find faster ways to complete routine tasks. Before long, the written procedure no longer reflects what's happening on the shipping floor.
That's why reviewing hazmat procedures shouldn't be treated as an occasional housekeeping project. It should be a routine part of your compliance program.
When experience starts replacing procedures
One of the biggest risks occurs when employees begin relying more on experience than documented instructions. Experience is valuable, but it's also where assumptions and shortcuts can start creeping into the process. Over time, different employees may perform the same task in different ways, creating inconsistencies that can lead to shipping errors, rejected shipments, or audit findings.
A good review starts with a simple question: Does this document still reflect how the job is being done today?
The best way to answer that question isn't from behind a desk. Spend some time with the people who classify materials, prepare packages, create shipping papers, and load vehicles. Walk through the process with them and compare actual practices to the written instructions. You may find that employees have developed more efficient methods, or that portions of the procedure no longer serve a purpose.
Watch for warning signs
Sometimes it's obvious that a document needs attention. Other times, the signs are much easier to overlook.
Frequent employee questions, recurring shipping errors, new products, staffing changes, and outdated references are all clues that something may need updating. If the same issue keeps showing up during audits or internal reviews, the procedure may not be providing enough direction.
It's also worth considering whether employees are using the document. If workers depend on personal notes, old training materials, or verbal instructions from coworkers, the written procedure may have lost its value as the primary source of guidance.
Another common problem is complexity. Many organizations keep adding new instructions over the years but rarely remove anything. Eventually, the document becomes longer, harder to follow, and less useful. Clear, concise procedures are almost always more effective than lengthy documents filled with unnecessary detail.
Make continuous improvement part of the process
Remember to review related materials at the same time. Work instructions, checklists, training materials, and job aids should all support the same process. When those resources have conflicting information, employees are left wondering which one to follow.
Mistakes and near misses are valuable learning opportunities as well. A rejected shipment, documentation error, or labeling issue can reveal weaknesses that might otherwise go unnoticed. The goal isn't to assign blame. It's to understand what happened and determine whether better guidance could help prevent the problem from happening again.
Most companies schedule preventive maintenance for equipment, vehicles, and facilities. Written procedures deserve the same level of attention. Even a brief annual review can ensure your instructions reflect current operations, staffing, and compliance expectations.
Think of procedure reviews as preventive maintenance for your compliance program. Spending a few hours each year evaluating and updating your procedures can help reduce confusion, improve consistency, and keep employees up to date with current requirements.
Key to remember: Hazmat procedures can quickly become outdated as operations, personnel, and products change. Regular reviews help keep instructions accurate, improve consistency, and strengthen your compliance program.
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2026-07-06T05:00:00Z
NewsDisabilities and ADAHuman ResourcesEnglishTalent Management & RecruitingAssociate Benefits & CompensationIndustry NewsIndustry NewsDiscriminationTitle VII (The Civil Rights Act of 1964)DiscriminationRecordkeepingPregnancy DiscriminationEEO-1 ReportingAssociate RelationsFocus AreaDisabilities and ADAUSA
The EEOC’s 2026 regulatory agenda includes changes to the PWFA
On July 6, the Equal Employment Opportunity Commission (EEOC) published its 2026 regulatory agenda. The EEOC plans to publish a proposed rule revising the Pregnant Workers Fairness Act (PWFA) regulations in November. The agency proposes revising the interpretation of the words “pregnancy, childbirth, or related medical conditions.”
The EEOC also proposes rescinding some requirements this month. The proposals include the following:
- Rescinding EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and reporting requirements under Title VII, the ADA, GINA, and the PWFA; and
- Rescinding the Uniform Guidelines on Employee Selection Procedures – Recordkeeping.
When a rule is earmarked in the regulatory agenda as a “proposed rule,” that means the public expects to see written documentation on which they can provide their comments. The agencies involved, in this case the EEOC, then review the comments, and the rule proceeds to the next step in the legislative process. The dates provided are estimates that the EEOC thinks it’ll have something posted for review.
The agency’s final rules include rescinding the following this month, and the expected dates in 2026:
- The 1979 Interpretive Rule "Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964."
- The Interpretive Rule "The Guidelines on Discrimination Because of National Origin."
- The Appendix to Guidelines on Discrimination Because of Sex.
In November, employers can expect a final rule rescinding the Uniform Guidelines on Employee Selection Procedures.
A final rule addresses the public comments submitted in response to a proposed rule to help determine the final regulatory language. When an agency publishes a final rule, generally the rule is effective no less than 30 days after the date of publication in the Federal Register. A final rule doesn’t take effect until its “effective date” is reached.
Key to remember: Employers can expect to see some potential changes to their requirements under EEOC regulations.
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2026-07-06T05:00:00Z
NewsIndependent ContractorsContingent WorkforceFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsIndustry NewsWage and HourContingent WorkforceWage and HourHR GeneralistFair Labor Standards Act (FLSA)OvertimeAssociate RelationsFocus AreaHuman Resources
Wage and Hour Division publishes its 2026 regulatory agenda
On July 6, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published its 2026 unified regulatory agenda. The agenda offers a glimpse into what the WHD is planning for its regulations and when.
Joint employer proposed rule: July 2026
Since 2021, the WHD has had no regulatory guidance addressing joint employer liability under the Fair Labor Standards Act (FLSA). The WHD is considering a proposed rule to adopt regulations that would guide WHD enforcement of joint employer liability under the FLSA, the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Workers Protection Act (MSPA). The WHD says that joint employer status under the FMLA and MSPA should be determined using the FLSA analysis.
When a rule is earmarked in the regulatory agenda as a “proposed rule,” that means the public expects to see written documentation on which they can provide their comments. The agencies involved then review the comments, and the rule moves to the next step in the legislative process. The dates listed are estimates that the agencies think they’ll have something posted for review.
Independent contractor final rule: October 2026
In 2024, the WHD published a final rule providing an analysis for determining employee or independent contractor (IC) classification under the FLSA. The 2024 IC rule took effect on March 11, 2024. The 2024 IC rule, however, is the subject of legal challenges. The WHD intends to rescind the 2024 IC rule. The WHD has also proposed to modify regulations interpreting the FMLA and MSPA to clarify that the analysis for determining employee or IC status under the FLSA also applies under the FMLA and MSPA.
The WHD considered three alternatives to the proposed rule, listed below from least to most restrictive:
- Adopting the common law control test, which applies in distinguishing between employees and ICs under various other federal laws;
- Adopting the WHD’s current enforcement policy, which is comprised of sub-regulatory guidance from before 2021 applying a multifactor economic reality balancing test; and
- Adopting a 3-pronged “ABC” test (which several states have adopted).
The WHD issued a proposed rule in February 2026, and the comment period ended on April 28.
A final rule addresses the public comments submitted in response to a proposed rule to help determine the final regulatory language. When an agency publishes a final rule, generally the rule is effective no less than 30 days after the date of publication in the Federal Register. A final rule doesn’t take effect until its “effective date” is reached.
Key to remember: The Wage and Hour Division is looking to revise the joint employer and independent contractor regulations.
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2026-07-06T05:00:00Z
NewsIndustry NewsDiscriminationDiscriminationTitle VII (The Civil Rights Act of 1964)RetaliationHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishFocus AreaHuman Resources
Federal priorities may shift, but employer obligations remain
On June 12, a federal court in Maryland dismissed a challenge to the Equal Employment Opportunity Commission’s (EEOC) current enforcement approach to some gender identity discrimination claims.
The case, FreeState Justice v. EEOC, involved allegations that the EEOC had limited its investigations into some gender identity-related claims, including ones related to harassment and retaliation.
The court didn’t decide whether the EEOC’s approach was correct. Instead, it held that courts generally can’t force a federal agency to pursue specific enforcement actions.
A broader trend
The Maryland decision seems to be part of a broader trend when it comes to enforcing discrimination laws at the federal level. In another recent case, Cross v. EEOC, a federal court also dismissed a challenge seeking to require the EEOC to investigate disparate impact claims. In the past year, the EEOC has halted investigations into disparate impact discrimination claims which address employment practices that, while appearing neutral, disproportionately harm a protected group.
In Cross, as in FreeState Justice, the court reached the conclusion that the EEOC has discretion to decide which claims to investigate or pursue.
Together, these cases reinforce that courts generally won’t second-guess the EEOC’s enforcement priorities. However, whether courts step in or not, it doesn’t change the underlying law that governs discrimination matters or prevent employees from bringing claims against employers in court.
Employer takeaways
For employers, the key point is that the decision about whether or not a government agency will (or won’t) pursue an investigation doesn’t change the law. Gender identity discrimination claims remain viable under Title VII of the Civil Rights Act of 1964, and any other applicable state laws. Employees may also continue to bring claims in court, even if the EEOC doesn’t pursue them administratively.
Employers shouldn’t assume that a shift in EEOC enforcement priorities reduces their compliance obligations. It doesn’t.
HR professionals should continue to:
- Apply equal employment opportunity policies consistently,
- Respond promptly to discrimination or harassment complaints, and
- Review workplace practices to ensure policies that appear fair on the surface don’t unintentionally disadvantage employees in a protected group.
Key to remember: EEOC enforcement priorities may change, but employer obligations under Title VII and state laws remain in place.
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2026-07-06T05:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyMaritime SafetyOccupational Safety and Health Administration (OSHA), DOLEnglishFocus AreaUSA
OSHA publishes long-awaited Regulatory Agenda
After failing to publish a Fall 2025 or Spring 2026 regulatory agenda, on July 3 OSHA published a 2026 Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions. Of note, a Subpoenas interim final rule is up for November 2026, the Emergency Response final rule is set for April 2027, and the Heat proposal is slated to be finalized in October 2027.
Starting August 19, 2026, OSHA will hold public hearings on numerous proposed rules, most of which relate to respiratory protection requirements for different chemical substances. The others relate to construction illumination, safety color code for marking for physical hazards, limiting the General Duty Clause for inherently risky professional activities, and fixed ladders.
Four rules fell into the long-term action category from the proposed or final stages in 2025: Communication Tower Safety, Shipyard Fall Protection, Powered Industrial Trucks Design Standard Update, and Standards Improvement Project. Long-term actions are items the agency considers under development but does not expect to take regulatory action on within 12 months after publication of the most recent regulatory agenda.
| Final rule stage | |
| Projected publication date | Title |
| July 2026 |
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| September 2026 |
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| November 2026 |
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| April 2027 |
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| October 2027 |
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| Proposed rule stage | |
| Projected publication date or other action | Title |
| July 2026 |
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| August 2026 - public hearings |
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| September 2026 |
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| November 2026 |
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| December 2026 - Supplemental Notice of Proposed Rulemaking |
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| Long-term actions | |
| |
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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.