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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.
FEATURED NEWS
2026-01-30T06:00:00Z
NewsIndustry NewsWater PermittingPoint SourcesWater ProgramsEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleWater ProgramsStormwaterEnglishUSAFocus AreaCWA Compliance
Erosion vs. sediment controls: Prevent stormwater pollution at the construction site
It’s wintertime, and many construction sites across the U.S. face unique challenges that the season brings, especially keeping workers warm! However, one challenge that construction sites face year-round is how to keep stormwater runoff (whether it’s generated by snowmelt or rain) from transporting pollutants off-site into nearby waterways.
Under the National Pollutant Discharge Elimination System (NPDES) stormwater program (40 CFR Part 450), the Environmental Protection Agency (EPA) requires construction site operators to obtain a permit to discharge stormwater runoff into waters of the United States from any construction activity that disturbs:
- 1 acre or more of land, or
- Less than 1 acre of land if it’s part of a plan of development or sale that will ultimately disturb 1 or more acres of land.
Construction sites must implement best management practices (BMPs), which are controls and activities used to prevent stormwater pollution. Erosion controls and sediment controls are the two leading types of BMPs that construction sites have to apply.
Understanding the differences between erosion controls and sediment controls (and how they function together) will help you choose the most effective BMPs to reduce stormwater pollution at your construction site.
Erosion controls vs. sediment controls
Both types of controls are important, but their functions are distinct. Construction sites should use erosion controls as the primary method and sediment controls as the backup method to reduce stormwater pollution.
Erosion controls prevent the land from wearing away. These measures stop soil particles from being dislodged and transported by stormwater or wind. Erosion controls are the first line of defense against stormwater pollution.
Erosion control examples include:
- Shoring excavated areas with retaining walls,
- Conducting construction work in concentrated areas at different times to minimize soil exposure, and
- Installing erosion control blankets on steep slopes.
Sediment controls capture soil particles that have been dislodged (i.e., eroded) before stormwater or wind moves them off the construction site. Sediment controls are the second line of defense, serving as backup BMPs.
Examples of sediment controls are:
- Protecting storm drain inlets with filtering materials (such as rock-filled bags),
- Installing fiber rolls around the perimeter to retain soil dislodged by runoff from small areas, and
- Adding a sedimentation basin to receive dewatering discharges.
Common BMP examples
EPA’s “National Menu of Best Management Practices (BMPs) for Stormwater-Construction” webpage details erosion controls and sediment controls frequently used at construction sites, including (but not limited to) the following:
| Erosion control BMPs | Sediment control BMPs |
|---|---|
|
|
Use both types of BMPs
The most effective way to control stormwater pollution at construction sites is by applying a selection of erosion controls and sediment controls that are coordinated to work together. Consider these examples:
- After an area has been graded, the exposed soil must be stabilized. A site can lay sod over the exposed soil (erosion control) and install a silt fence to catch any contaminated soil moved out of the area by stormwater (sediment control) while the sod takes root.
- Stormwater from upstream locations can flow through a construction site. To protect the disturbed land, a site can build a berm that diverts runoff away from the construction area (erosion control) to a basin where the sediment settles before the runoff is discharged (sediment control).
- When grading an area with a slope, stormwater can transport contaminated soil down the disturbed slope. A site can install a temporary slope drain that directs the runoff at the top of the slope to a pipe that carries it down the side of the slope (erosion control). The site may also add a sediment trap at the slope drain outlet to remove sediment from the runoff before it’s released (sediment control).
Check state and local requirements
Most states issue NPDES construction stormwater permits. Additionally, some local governments may impose requirements on construction sites. However, unless the local program is designated as a qualifying local program, compliance with local regulations may not mean that your construction site is compliant with EPA’s rules (and vice versa).
Check the permit to confirm erosion control and sediment control requirements, as they may be more stringent at the state or local level.
Key to remember: Construction sites must implement erosion controls and sediment controls to prevent stormwater pollution.
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RECENT INDUSTRY HIGHLIGHTS
2026-01-29T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Hot off the press! OSHA updates/uploads publications to website
OSHA recently revamped two of its guidance publications related to enforcement and nail salon safety. The agency also revised and returned the redline-strikeout version of the Hazard Communication (HazCom) rule to its website. All three documents are intended to be informational and don’t create new regulations or obligations.
Employer rights/responsibilities after an OSHA inspection
OSHA inspections can be an overwhelming experience. Understanding the regulatory terms and what’s required of you afterwards can be confusing. OSHA says its Employer Rights and Responsibilities Following a Federal OSHA Inspection booklet can and should be used as a discussion guide during your closing conference with the compliance officer.
The booklet explains that:
- After an inspection, the officer reports the findings to the OSHA area director who evaluates them.
- If a violation was found, OSHA will issue you a Citation and Notification of Penalty detailing the exact nature of the violation(s) and any associated penalties. A citation informs you of the alleged violation. It also sets a proposes an abatement date and penalty amounts.
Also explained in OSHA’s guidance are types of violations, employer options, how to comply, how to contest citations, and more. The booklet is available as a pdf or ebook in English and Spanish.
Nail salon hazards and prevention strategies
Nail technicians are exposed to hazardous chemicals found in glues, polishes, removers, and other salon products. The trouble is these exposures can lead to asthma and other respiratory illnesses, skin disorders, liver disease, reproductive loss, and cancer. Additionally, awkward positions and repetitive motions may lead to muscle strains, and workers face potential infections from contact with client skin, nails, or blood.
Stay Healthy and Safe While Giving Manicures and Pedicures: A Guide for Nail Salon Workers highlights common issues in nail salons — such as chemical and biological exposures, ventilation problems, inadequate personal protective equipment (PPE), and ergonomic risks. Importantly, the guide provides practical steps for correcting those issues. It also explains worker rights and offers a list of applicable OSHA standards and resources. The publication is available in five languages.
Redline-strikeout version of 2024 HazCom rule
Finally, OSHA returned the redline-strikeout version of its 2024 HazCom rule to its Hazard Communication topic page. The latest document includes the corrections issued in the Federal Register (on May 20, 2024, October 9, 2024, January 8, 2026, and January 15, 2026). The redline-strikeout version is the full text of 29 CFR 1910.1200 with all revisions from 2024 and 2026 marked in red so you can spot what was added, revised, or removed.
We anticipate more HazCom guidance and enforcement information will be coming to OSHA’s HazCom topic page, either behind the HCS final rule link or the other links on the page.
Key to remember: OSHA continues to update its guidance publications. The latest ones cover OSHA inspections, nail salon safety, and hazard communication.
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2026-01-29T06:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyPost-trip inspectionsAnnual inspections - Motor CarrierFocus AreaUSAEnglishPre-trip inspectionsTransportationCMV Inspections
New dates for Roadcheck 2026
International Roadcheck 2026 is right around the corner, taking place in early May this year. This annual 3-day vehicle inspection event is designed to educate and spread awareness about motor vehicle safety.
Inspections will take place at weigh/inspection stations, mobile patrols, and temporary sites during the 72-hour inspection. The Commercial Vehicle Safety Alliance (CVSA) says that it’s conducted over 1.8 million inspections since this event began in 1988.
Roadcheck is scheduled for May 12-14, 2026, so make sure your team and operations are ready. Remember, every roadside inspection has an impact on Compliance, Safety, Accountability (CSA) scores.
During the inspection blitz, CVSA-certified law enforcement personnel across Mexico, the U.S., and Canada will examine motor vehicles to verify state, federal, provincial, and territorial regulatory compliance.
Inspectors will perform as many Level I inspections as possible. This is a complete inspection of the driver and vehicle. Unsuccessful inspections could result in a vehicle or driver being placed out of service until the violation is resolved.
8 levels of inspection
The CVSA has eight levels of roadside inspections. Each level has a varying degree of emphasis and detail. Although Roadcheck 2026 will involve mostly Level I comprehensive driver/vehicle inspections, drivers (and their vehicles) should be prepared for all inspection types every day of the year.
- Level I: Comprehensive driver/vehicle: Examination of driver documents, plus a detailed inspection of the vehicle.
- Level II: Cursory driver/vehicle: Examination of driver documents, plus a simple inspection of the vehicle.
- Level III: Driver: Examination of documents and items related to the driver.
- Level IV: Targeted: A one-time examination of a specific item, such as a driver’s record of duty status or a vehicle component.
- Level V: Vehicle: Detailed inspection of the vehicle only.
- Level VI: Radioactive cargo: Inspection of certain types of radioactive cargo.
- Level VII: Jurisdictional: An inspection mandated by a jurisdiction that doesn’t meet the requirements of any other level of inspection.
- Level VIII: Electronic: Conducted wirelessly or remotely, not necessarily requiring interaction with an inspector.
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2026-01-29T06:00:00Z
NewsIndustry NewsFleet SafetyEntry-Level driver trainingEntry-level driver trainingTraining & DevelopmentFocus AreaIn-Depth ArticleFleet OperationsUSAEnglishTransportationHuman Resources
Three keys to confidently navigate an ELDT audit
As the Federal Motor Carrier Safety Administration (FMCSA) ramps up audits of entry-level driver training (ELDT) providers, knowing what to expect and how to prepare is essential. The following three keys will help you stay organized, compliant, and audit-ready.
1. Maintain required records
Section 380.725 of the Federal Motor Carrier Safety Regulations (FMCSRs) lists the specific records that must be maintained by all ELDT providers on FMCSA’s Training Provider Registry (TPR). During an ELDT audit the investigator will ask for and review the following ELDT-specific records:
- Self-certifications by all behind-the-wheel driver-trainees stating that they will comply with:
- The regulations in Parts 40, 382, 383, and 391; and
- State and/or local laws related to alcohol and controlled substances testing, age, medical certification, licensing, and driver records;
- A copy of the driver-trainee’s commercial learner’s permit (CLP) or commercial driver’s license (CDL);
- Instructor qualification documentation:
- Listing each instructor’s driving and/or training experience, and
- A copy of each instructor’s current and valid CDL and applicable endorsements;
- Lesson plans for theory and behind-the-wheel (range and public road) training curricula; and
- Records of each driver-trainee’s ELDT assessments.
2. Ensure TPR data is current
Another issue being addressed is the activity or inactivity within the ELDT provider’s TPR profile. To remain on the TPR, an ELDT provider needs to periodically update its data on the TPR. This includes:
- Updating the Entry-Level Driver Training Provider Registration Form at least once every two years (biennially); and
- Reporting changes to key information to FMCSA within 30 days of the change. This includes changes to the:
- Training provider’s name, address, or phone number;
- Type(s) of training offered; and
- Training provider’s status, and, if applicable, any change in state licensure, certification, or accreditation status.
3. Meet any applicable state requirements
In addition to the ELDT requirements, many states have requirements that must be met by schools and entities providing CDL instruction. In many cases these requirements apply to schools or entities that offer instruction for tuition or a fee.
As part of the process to be listed on the TPR, a school or entity certifies that they are licensed, certified, registered, or authorized to provide training as required by the laws and regulations of the state where in-person training is conducted.
During an audit, the investigator will ask for documentation of state licensure, registration, or certification to verify that the provider is authorized to provide training in the state. This also confirms that the school or entity correctly certified that they are meeting state requirements on their TPR application.
Key to remember: Ensuring that all records are complete and up to date is key when it comes to having a successful ELDT audit.
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2026-01-29T06:00:00Z
NewsHuman Resource ManagementHuman Resource ManagementExpert InsightsFamily and Medical Leave Act (FMLA)Disabilities and ADAUSAFamily and Medical Leave Act (FMLA)HR ManagementEnglishReasonable AccommodationsIndustry NewsHR GeneralistMedical ExaminationsAssociate RelationsFocus AreaDisabilities and ADAHuman Resources
Expert Insights: HR professionals love paperwork – when it comes from employees
The HR function of a company predominantly deals with employees — the human capital needed to run an organization. From hiring to separation, employee files are filled with a variety of records, both required by law and not.
When employees request something from the employer, the employer usually wants to know why, particularly when employees ask for time off or a change to the work or workplace. In such situations, employers often want employees to provide some form of documentation supporting the request.
Now and then, however, employers ask for too much, and that can lead to compliance issues.
FMLA certification
When an employee asks for time off for a reason that qualifies for job protection under the federal Family and Medical Leave Act (FMLA), employers are allowed to ask that the employee give them a completed certification supporting the need for leave in most cases.
Employers shouldn’t, however, ask for more information than the certification form includes.
Employers also shouldn’t ask for FMLA certifications (or recertifications) too often. The FMLA regulations specify when employers may ask for them.
ADA documentation
If an employee asks for a workplace change because of a medical condition, employers may ask for “reasonable” documentation of the employee’s limitations and possible accommodation needs under the federal Americans with Disabilities Act (ADA). They may do so only if the condition isn’t obvious, and the employer doesn’t already have enough information.
The request for such documentation should be part of an interactive process with the employee, and not be the initial response. What is “reasonable” will depend on the situation. The ADA doesn’t have a pre-made form for this. Employers fare best when they don’t ask for the same information for every situation. ADA accommodations must be handled on a case-by-case basis.
Employers are entitled to know that the employee has a covered disability for which they need a reasonable accommodation before providing an accommodation. Employers don’t, however, usually need a whole lot of information for this.
Documentation is sufficient if it:
- Describes the nature, severity, and duration of the employee's impairment, the activity or activities that the impairment limits, and the extent to which the impairment limits the employee's ability to perform the activity or activities; and,
- Substantiates why the requested reasonable accommodation is needed.
Mixing it up
If employers already have an FMLA certification, that information might suffice as ADA documentation. If employers don’t already have an FMLA certification, they shouldn’t use that form to document and support an ADA accommodation request. It risks asking for too much information.
In some situations, employers aren’t allowed to ask for documentation supporting an accommodation under the Pregnant Workers Fairness Act (PWFA). Employers shouldn’t use an ADA form for PWFA accommodation requests. Again, an ADA form likely asks for too much information.
Key to remember: When employees ask for time off or other workplace changes, employers may ask for documented information from employees, but they may not ask for unlimited information.
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2026-01-29T06:00:00Z
NewsIndustry NewsIndustry NewsElectronic Reporting of Injury and Illness RecordsSafety & HealthInjury and Illness RecordkeepingGeneral Industry Safety300-A Annual SummaryUSAEnglishFocus AreaInjury and Illness Recordkeeping
Deadline looming for posting OSHA Form 300A Summary
Employers covered by OSHA’s workplace injury and illness recordkeeping requirements must post their 2025 Form 300A Summary by February 1. The form must include information recorded in their 300 Log for the previous year and be displayed in a “conspicuous place where other employee notices are usually posted” until April 30.
Employers must display the Summary even if there were no recordable injuries for the year. Some employers also need to submit Form 300A data electronically through OSHA’s Injury Tracking Application. This applies to:
- Establishments with 250 or more employees that are already keeping OSHA’s workplace injury and illness records, or
- Establishments with 20-249 employees that are designated “high-risk” industries in OSHA’s regulations.
Electronic submissions are due to OSHA by March 2, 2026. OSHA began collecting data for calendar year 2025 on January 2, 2026.
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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.