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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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FEATURED NEWS
2026-06-16T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistIn-Depth ArticleLabor Law PostersHR ManagementEnglishLabor Law PostersUSAFocus AreaHuman Resources
Posting fines won’t be going up in 2026
For the past decade, labor law posting penalties have increased annually. They won’t be going up in 2026, however, because of last year’s government shutdown.
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires federal agencies to adjust penalty levels for inflation each year no later than January 15. These adjustments are based on the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics (BLS).
Because the bureau didn’t publish its October 2025 data due to a funding lapse, there’s no data on which to base a penalty increase. Because of this, the Department of Labor (DOL) has cancelled its 2026 penalty adjustments.
The DOL made the announcement in the Federal Register on May 27.
Penalties remain at 2025 levels
The lack of a 2026 penalty adjustment means that the DOL’s potential labor law posting fines will remain at 2025 levels through January 14, 2027. The potential maximum posting fines are:
- $216 for each separate offense for failure to display the Family and Medical Leave Act posting
- $16,550 for each separate offense for failure to display the Occupational Safety and Health Act posting
- $26,262 for any violation of the Employee Polygraph Protection Act, including the posting requirement
Employers also face a fine of $698 for failing to display the Know Your Rights: Workplace Discrimination is Illegal posting. This posting requirement is enforced by the Equal Employment Opportunity Commission (EEOC).
While the EEOC has not yet made an announcement in the Federal Register about its 2026 penalty adjustment, it’s likely that this fine will not increase this year due to the lack of data about the inflation rate.
Several posting updates delayed
The lack of a posting penalty increase will make an impact on required posting updates in several states this year. These states update their workplace posters annually with information about increases to penalties levied under state Occupational Safety and Health Administration programs:
- Alaska
- Maryland
- Nevada
- Virginia
Because the state penalties typically mirror federal fines, and the federal penalties will not be increasing this year, it’s unlikely that these posters will be updated in 2026 with revised penalty information.
An update could occur for another reason, however. Alaska, for example, revised its Safety and Health Protection on the Job posting in February to update information about how to file a discrimination complaint.
The BLS is again tracking the inflation rate, and the annual increase as of April is 3.8 percent. If the bureau publishes annual inflation data in October 2026, it’s likely that penalties will go up in 2027.
Key to remember: Federal posting fines won’t be increasing in 2026, but they haven’t been eliminated altogether. Employers who willfully refuse to display labor law posters could still receive fines from the DOL up to the maximum levels set in 2025.
Increase likely in 2027
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RECENT INDUSTRY HIGHLIGHTS
2026-06-16T05:00:00Z
NewsIndustry NewsAccident Investigation - OSHAAccident Investigation - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Tank implosion tragedy highlights pressure hazards
A May 2026 incident at a paper mill in Washington put a spotlight on a hazard that doesn’t always get the same attention as over-pressure, vacuum induced tank collapse. The event involved a large chemical storage vessel and led to multiple fatalities and serious injuries. The U.S. Chemical Safety and Hazard Investigation Board (CSB) has opened an investigation to figure out what went wrong and how to keep it from happening again.
While that investigation plays out, there’s a clear takeaway, tank failures aren’t just an over-pressure problem. Vacuum conditions, or under pressure, can be just as destructive. We design for it, we talk about it, but it doesn’t always get the same focus in day‑to‑day operations, maintenance, or hazard reviews, and that’s where things can break down.
Understanding what happened
An implosion happens when the pressure inside a tank drops below the pressure outside it. When that happens, the outside air pushes in and the tank can collapse. Most people think about explosions. Fewer think about implosions. But the damage can be just as severe.
The tricky part is how this can develop during normal work. It doesn’t take a rare event and can happen during everyday tasks like:
- Draining a tank too fast without letting air flow back in;
- Cooling vapors or condensing material inside the tank;
- Steam cleaning and then cooling things down too quickly; and
- Vents that are blocked, closed, or just not sized right.
In industries like pulp and paper, chemical processing, and wastewater treatment, these situations aren’t unusual. In many cases, they’re part of day-to-day operations. That’s what makes vacuum-induced failure a real risk and a preventable one.
What OSHA expects for tank safety
While this incident puts a spotlight on an implosion hazard, OSHA’s expectations go beyond just one type of failure. The focus is on overall tank and pressure vessel safety, which includes both over-pressure and vacuum conditions.
Under the General Duty Clause, employers are required to protect workers from recognized hazards. Tank failure, whether it’s caused by pressure or vacuum, is a known risk, so OSHA expects it to be addressed. In practice, that means employers need to:
- Design for how the system actually operates, including pressure going in both directions;
- Control pressure risks with properly sized relief devices and venting systems that work when needed;
- Follow recognized engineering practices like ASME (American Society of Mechanical Engineers) and API (American Petroleum Institute) standards; and
- Keep equipment in good shape through inspection, testing, and maintenance.
Additionally, if Process Safety Management (29 CFR 1910.119) applies, expectations get more specific. Employers need to have:
- A mechanical integrity program that covers tanks and relief systems;
- Process hazard analyses that look at normal operations, abnormal conditions, and maintenance work; and
- Clear procedures and training so people know how to manage the risks.
Even if PSM doesn’t apply, the expectation doesn’t change. You still need to understand how the system can fail and make sure the right protections are in place.
Strengthening tank safety where it counts
This incident is a good reminder to take a step back and look at your organization’s overall tank and pressure vessel safety, not just one specific hazard. Strong programs come down to solid controls and making sure they hold up in day-to-day operations. Here’s where to focus your attention:
- Evaluate all pressure scenarios: Consider both over-pressure and vacuum conditions during normal, shutdown, and when things don’t go as planned;
- Verify relief and venting systems: Ensure devices are properly sized, installed, and not isolated or obstructed;
- Confirm design limits: Validate that tanks are rated for the full range of expected conditions;
- Strengthen inspection and maintenance: Regularly check vents, valves, and vessel integrity as part of a structured program; and
- Train employees on system behavior: Help operators understand how everyday actions, like emptying a tank, rinsing it out, or closing vents, can affect pressure conditions.
Key to remember: Expectation is clear, tanks must be safe under all operating conditions, not just ideal ones. That only happens when design, controls, and maintenance all line up with how the system really runs.
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2026-06-16T05:00:00Z
NewsEnglishChange NoticesChange NoticeColoradoAssociate RelationsAssociate Benefits & CompensationHR GeneralistLeaveTime offHR ManagementLeaveFocus AreaHuman Resources
Colorado employee voting leave law expands
Effective date: June 1, 2026
This applies to: Employers with employees in Colorado
Description of change: Effective June 1, 2026, employees may take up to 2 hours of job-protected, paid time off any day when voter service and polling centers are open.
Previously, voting leave was only required on the day of the election.
Because polling centers are open well before Election Day, employees now have a bigger window during which they may request this leave.
Employees must apply for the voting absence before the day of the election for which leave is requested.
The change also specifies that employers may deny an employee's request for voting leave if the employee has 3 or more consecutive hours off while the polls are open.
View related state info: Leave - Colorado
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2026-06-16T05:00:00Z
NewsIndustry NewsBusiness planning - Motor CarrierBusiness policies and procedures - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsUSAEnglishTransportationBusiness planning - Motor CarrierRegistration
Beyond operating authority: navigating state requirements
Obtaining operating authority can feel overwhelming enough without even considering the state-specific requirements that may apply to your new company. Each state has its own registration, tax, and compliance requirements. Understanding and managing these state specific obligations early can help you avoid fines, delays, and costly disruptions to your business.
Getting the right authority
In order to determine which regulations are relevant to your business, you need to first ensure you are registering for the right type of authority. Which government operating authority regulations apply to a carrier depends upon several factors:
- The kind of motor carriage conducted (for-hire, private, exempt);
- Where the motor carriage takes place (interstate, intrastate); and
- The kind of commodity transported (exempt commodities, household goods, hazardous materials, general commodities, passengers).
In some cases, a carrier may be subject to both federal and state requirements. Many states require additional filings beyond federal authority. These additional requirements may include Unified Carrier Registration participation, permits tied to fuel use or oversize/overweight loads, or laws regulating vehicle emissions. Failure to comply with these regulations may result in fines or even out-of-service violations.
Is UCR a state requirement?
Federal and state governments have a responsibility to ensure the smooth and efficient transportation of persons and property in U.S. commerce and to provide a level of public protection from damage that may result from this transportation.
While the Unified Carrier Registration (UCR) program is federally mandated, it is state administered with participation and enforcement both being handled by states.
The following entities must register under the UCR program: For-hire motor carriers (e.g., trucking companies transporting passengers or goods for clients across state lines);
- Private motor carriers (e.g., businesses using their own trucks to move their own goods across states);
- Freight forwarders and brokers; and
- Leasing companies involved in interstate transport.
Solely intrastate carriers (never crossing state lines, never engaging in interstate commerce) are not subject to the UCRA. These carriers are subject to the authority registration and renewal requirements in the state of operation.
The International Fuel Tax Agreement (IFTA)
The International Fuel Tax Agreement (IFTA) is an agreement among member jurisdictions (the lower 48 United States and 10 Canadian provinces) for the collection and distribution of fuel use tax revenues.
IFTA allows carriers (including private carriers) to obtain one license and file one quarterly tax return. The carrier obtains the IFTA license through the base jurisdiction and files the taxes and makes tax payments (as applicable) to the base jurisdiction. The base jurisdiction then distributes the necessary fuel taxes to other jurisdictions.
The International Registration Plan (IRP)
Similarly, the International Registration Plan (IRP) is an agreement that provides for the apportioned registration of commercial motor vehicles, allowing a qualifying commercial vehicle to travel through several states with one license plate, provided the apportioned registration fees have been paid to the base jurisdiction.
The base jurisdiction collects the fees, sends each jurisdiction its share, and issues a single IRP cab card and apportioned vehicle registration plate that allows travel in all jurisdictions.
Who needs to register for IFTA and IRP?
Both IRP and IFTA apply to qualified motor vehicles operating in more than one jurisdiction. A “qualified motor vehicle” is a motor vehicle used, designed, or maintained for transportation of persons or property, and that:
- Has two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms; or
- Has three or more axles regardless of weight; or
- Is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle weight.
Heavy vehicle use tax (HVUT)
The Heavy Vehicle Use Tax (HVUT) applies to highway motor vehicles having a taxable gross weight of 55,000 pounds or more and includes trucks, tractors, and buses. You may be an individual, corporation, partnership, or any other type of organization (including nonprofit charitable, educational, etc.).
Carriers who meet these requirements must file Form 2290 and Schedule 1 if a taxable highway motor vehicle is registered or required to be registered in your name under any state or District of Columbia, Canadian, or Mexican law at the time of its first use.
Key to remember: Understanding and managing state requirements after getting your authority is essential for long-term success. With the right tools and support, you can stay compliant, avoid setbacks, and keep your trucks moving confidently nationwide.
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2026-06-16T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Elective procedures and the FMLA
With employees being more open to obtaining elective medical procedures again, employers might see an increase in employees asking for time off for them. Employees might be entitled to job-protected leave under the federal Family and Medical Leave Act (FMLA) for such procedures. Just because a procedure is deemed “elective” doesn’t always matter.
What the FMLA regulations say
Employers might think that the FMLA regulations say that employees don’t get FMLA leave for elective procedures. The regulations, however, make it clear that, in some situations, employees may, and that just because a procedure is elective doesn’t automatically mean it’s not FMLA-qualifying.
“Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) aren’t serious health conditions unless inpatient hospital care is required or unless complications develop.” [29 CFR 825.113(d)]
The word “unless” means that there are exceptions.
Therefore, if an employee has an overnight stay in a health care facility, whether the procedure is elective or not, it won’t matter; it’s an FMLA-qualifying serious health condition. If, for example, a perfectly healthy employee decides to donate a kidney to a sibling, the time off for the procedure and recovery from it will fall under the FMLA, as the employee will be kept overnight in the hospital — it will be an inpatient situation.
Another example would include a situation in which an employee’s procedure results in a period of incapacity for more than 3 consecutive calendar days, and any subsequent treatment that also involves:
- Treatment two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist, or
- Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider.
Some of the more common elective procedures employers might have employees ask for time off include:
- Hysterectomy
- Liposuction
- Breast reduction/augmentation
- Joint replacement
- Facelift
- Rhinoplasty
- Cataract removal
- Tonsillectomy
Some elective procedures are designed to improve the quality of life as opposed to saving lives in emergencies.
Employers shouldn’t focus on the name of the condition or procedure, but on whether the condition meets the FMLA’s definition of a serious health condition, which is on the last page of the certification.
When employees ask for time off for what might be an FMLA-qualifying reason, employers should treat the situation as they would any FMLA leave request, including asking for a certification supporting the need for leave. It should give employers enough information to determine if the condition meets the FMLA’s definition of a serious health condition.
Key to remember: Employees could be entitled to FMLA leave for elective medical procedures, depending on all the facts involved.
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2026-06-15T05:00:00Z
NewsHazardous WasteWaste GeneratorsWaste ManifestsWaste/HazWasteWasteEnvironmental Protection Agency (EPA)In-Depth ArticleEnglishIndustry NewsWaste ReportingWasteTSD FacilitiesWaste ManagementEnvironmentalFocus AreaUSA
Hazardous waste manifest S Codes: What storage and transfer facilities need to know
Have you cracked the “S Code” yet? Starting in 2027, facilities that receive regulated waste for temporary storage and disposal must use S Codes on hazardous waste manifests. If your facility hasn’t made the switch, now’s the time!
Under the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA) requires hazardous waste handlers to track shipments of regulated waste from the generating facility to final treatment, recycling, or disposal. Management Method Codes are key to hazardous waste manifests, and they also affect biennial reporting. The codes answer the vital question, “How’s the hazardous waste managed?"
Effective January 1, 2027, “S Codes” will officially replace code H141 for Storage and Transfer. EPA adopted these codes to improve the accuracy and transparency of waste tracking, specifically for wastes that travel through transfer facilities before final management. Use this overview to help your facility understand how to comply.
What are S Codes?
In January 2025, EPA added S Codes to the list of Management Method Codes, which identify the type of waste management system used to treat, recover, or dispose of a hazardous waste. Management Method Codes are used for:
- The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
- The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.
S Codes apply to receiving facilities (primarily treatment, storage, and disposal facilities (TSDFs)) that temporarily store and then transfer regulated hazardous waste to another receiving facility without treating, recovering, or disposing of the waste. EPA established S Codes to provide more details than code H141 on waste handling activities, improving tracking and transparency. S Codes indicate two things:
- A hazardous waste was received to be stored or transferred; and
- The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).
EPA groups S Codes into three categories:
- Transfer off-site for reclamation and recovery,
- Transfer off-site for destruction or treatment prior to disposal, and
- Transfer off-site for disposal.
Each S Code corresponds to a specific final management method. Examples of these methods include metals recovery (S010), chemical treatment (S070), and landfilling (S132).
What’s required?
On January 1, 2027, EPA will remove Management Method Code H141 for Storage and Transfer from the e-Manifest and the Biennial Report forms. As a result, hazardous waste handlers must use S Codes instead of code H141 on manifests and the Biennial Report.
S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:
- Receiving facilities that store and transfer hazardous waste;
- Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
- Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.
Hazardous waste manifests
The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:
- Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
- Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).
Generators aren’t responsible for selecting or entering S Codes.
Biennial Reports
LQGs and TSDFs must use S Codes for the Biennial Report on the:
- Waste Generation and Management (GM) Form in Item 3, and
- Waste Received From Off-site (WR) Form in Item F.
LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.
TSDFs that receive hazardous waste for temporary storage and transfer off-site use S Codes on the WR Form. These TSDFs must also use Source Code G61 on the GM Form to report shipments of these transferred wastes.
How can facilities prepare?
Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:
- Identify where your facility currently uses code H141.
- Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
- Train your employees accordingly.
- Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.
Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of Management Method Code H141 on RCRA hazardous waste manifests and Biennial Reports.
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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.