
SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.

SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Employees have the right to pump breastmilk at work and/or nurse their children at work without fear of losing their jobs or being punished (directly or indirectly) for doing so. Those workplace rights are protected by employment laws, whether local, state, or federal.
Two federal laws that protect working moms are the:
These two laws have similarities, but also a few differences.
Under the PUMP Act, employers must give employees who are nursing reasonable break times during their workday and a private space to pump at work for up to 1 year after their child’s birth.
The space must be:
Employees may take reasonable break times each time they need to express milk. Employers may not deny a covered employee a needed break to pump. Employers, however, don’t have to pay employees for the breaks unless the employees are not completely relieved from their job duties.
If employers provide paid breaks, they must pay nonexempt employees who use such breaks to pump breast milk in the same way they pay other employees for breaks.
The PUMP Act doesn’t, however, require employers to allow employees to take time off to nurse their children.
Employers with fewer than 50 employees don’t have to comply with the PUMP Act if they can prove that complying would impose an undue hardship on them by causing significant difficulty or expense. To make this determination, employers must consider their company size, financial resources, nature of work, or structure of the business.
Under the PWFA, employers must give a “reasonable accommodation” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer an “undue hardship” on the business. “Workers” include those who are nursing their children up to a year after the birth.
Accommodations include giving employees breaks and space for pumping at work, similar to the PUMP Act. The PWFA, however, also includes accommodations when the regular location of the employee's workplace makes nursing during work hours a possibility because the child is nearby. Therefore, employers might have to allow breaks for employees to nurse.
While the PUMP Act limits its timeline for pumping breaks to up to 1 year after the child’s birth, the PWFA doesn’t have that limitation. Employers might, therefore, have to allow employees breaks for pumping or nursing for more than a year.
Key to remember: Employers must give employees breaks for pumping breast milk or nursing a child under two similar (but different) federal laws. Employers must also consider applicable state or local laws.
As online sites and mobile apps make it easier than ever to place a bet on the Super Bowl and other events, there are benefits to making the workplace a wager-free zone.
An estimated 2.5 million adults in the U.S. have a severe gambling problem, and another 5 to 8 million have a mild or moderate problem, according to the National Council on Problem Gambling. Issues with gambling can result in:
Most adults gamble responsibly. For those fighting the compulsion to place a bet, however, even seemingly benign workplace activities like a baby pool, group lottery ticket purchases, or a fantasy sports league purse can be dangerous and should be avoided.
Although gambling has financial consequences, problem gambling is more of an emotional issue than a financial one. Gambling brings a dopamine rush, which makes a person feel good.
This rush occurs whether a person wins or loses. That makes it tempting to keep gambling as losses pile up. While some people can stop gambling after a loss, others continue to gamble to win back what’s been lost. This is known as “chasing losses.”
According to the National Council on Problem Gambling, signs of gambling addiction include:
Because of the emotional impact of gambling, problematic habits can persist even if all debts are paid off. Getting rid of a gambling addiction often requires treatment and social support, as well as abstinence from gambling.
A few years ago, Matthew Missar of The Better Institute spoke on gambling and the workplace at the Society for Human Resource Management (SHRM) Annual Conference. He provided these tips to help curb problem gambling in the workplace:
Key to remember: Trying to guess which team will win the Super Bowl can make for interesting workplace conversation, but when it turns into a gambling opportunity, it’s best to say all bets are off.
As OSHA leans into “deregulatory” actions, lawmakers are moving to pressure the agency to issue “regulatory” rulemaking to protect American workers. The House and Senate have nine bills on the table so far. The latest legislative wave 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. Federal OSHA does not have comprehensive standards for any of those hazards. Some existing standards are related — sanitation, first aid, personal protective equipment, and injury/illness recordkeeping and reporting.
Without comprehensive standards, OSHA may turn to enforce these hazards under the General Duty Clause (GDC), Section 5(a)(1) of the Occupational Safety and Health Act. Yet, the GDC poses a high bar for inspectors. OSHA can only cite under Section 5(a)(1) if the alleged hazard: exists, is recognized, is serious, and has a feasible means to reduce that hazard.
If any one of the four criteria is missing, a GDC citation will not hold. On the other hand, putting a standard in place both mandates protections and makes it much easier for OSHA to cite employers for the hazards.
Worth noting, some of the bills specifically cover domestic workers, firefighters, warehouse workers, public sector workers, and healthcare and social service workers.
Below are the nine Congressional bills (and companions) currently under consideration:
Several bills in Congress would modernize the OSH Act and mandate OSHA rulemaking to strengthen or increase worker protections.
Not every employer has to submit injury and illness data electronically, but if you do, compliance depends on doing it correctly. Under OSHA’s electronic submission regulation at 29 CFR 1904.41, knowing who has to report, what must be submitted, and when it’s due helps avoid unwanted OSHA attention.
When it comes to figuring out who needs to submit OSHA injury and illness records, the first thing to understand is that these requirements apply to each establishment, not necessarily to the company as a whole. That raises the question, what exactly is considered an “establishment”?
OSHA defines an establishment as a single physical location where business is conducted or where services or industrial operations are performed. In plain language, if your company has multiple plants, offices, or warehouses, each one is usually considered its own establishment for reporting purposes.
But there’s a twist. Under 29 CFR 1904.46, the Agency makes an exception for situations where several buildings are close together and operate as one business unit. Think of a campus or a group of facilities under the same management and performing the same business activities, those are generally treated as a single establishment. On the other hand, if those buildings are spread out, run independently, or differ in the work they do, then each location counts as its own establishment.
Armed with a better understanding of what an establishment is, you can determine if you need to submit electronically and what must be submitted? The answer depends on establishment size, industry classification, and recordkeeping obligations under Part 1904 including the following categories:
Large establishments in any industry:
Medium-sized establishments in specific industries
Examples can include construction, manufacturing, and transportation.
Certain high-hazard industries
Examples can include hospitals, food manufacturing plants, and waste treatment facilities.
Keep in mind that unless your establishment falls into OSHA’s required categories, you usually don’t have to submit injury and illness data electronically through the Injury Tracking Application (ITA), unless OSHA specifically notifies you that electronic submission is required.
That said, being exempt from electronic submission does not eliminate your other OSHA recordkeeping responsibilities under 29 CFR Part 1904. If you are required to keep injury and illness records, you must still:
If you have determined you must electronically submit your records, then the last piece of the puzzle is knowing the submission deadline. The electronic submission window for the previous calendar year’s data runs January 2 through March 2 annually. For example, 2025 data must be submitted by March 2, 2026. Late submissions can still be made until December 31, but missing the March deadline may trigger compliance issues.
Key to remember: Electronic submission requirements are based on establishment size and industry classification. Keep in mind, even if you’re not required to submit data electronically, you may still be required to keep injury and illness records, retain them for five years, and post the OSHA 300A every year.
A new wave of fraudulent emails impersonating the U.S. Department of Transportation (USDOT) and the Federal Motor Carrier Safety Administration (FMCSA) is circulating among motor carriers, prompting federal officials to issue an urgent warning to the industry. The scheme, described as unusually aggressive, uses convincing documents and realistic looking links to trick recipients into sharing sensitive information or making unauthorized payments.
According to FMCSA, the emails aren’t coming from any legitimate government source, despite appearing official. Many messages include branding, signatures, or formatting similar to authentic USDOT or FMCSA correspondence. However, the agency stresses that official communication almost always comes from email addresses ending in .gov. The only exception is when FMCSA sends customer satisfaction surveys following interactions with its Contact Center, and those messages never request personal or financial information.
Investigators note that fraudulent emails often contain links directing users to suspicious, non government domains. One example cited by FMCSA includes a URL resembling an FMCSA service site but ending in an unfamiliar extension. These links are designed to harvest data or pressure carriers into paying bogus fees.
FMCSA emphasized that it never solicits sensitive information such as Social Security numbers, bank details, Unified Carrier Registration (UCR) payments, or PIN numbers through unsolicited emails or phone calls. Any legitimate request for such information must be initiated by the carrier through official FMCSA channels.
Motor carriers are urged to remain vigilant. Officials recommend both hovering over links to verify the true destination before clicking and double checking that any website link ends in .gov. If there is any uncertainty, carriers should contact FMCSA directly through its official help portal or by calling the agency’s Call Center at 1-800-832-5660.
Those who receive suspicious emails are advised not to click links, open attachments, or reply to the sender. Instead, FMCSA encourages reporting the incident to the FMCSA Contact Center. Additional guidance on identifying phishing attempts is available through the Federal Trade Commission.
As cybercriminals continue to target the transportation sector, FMCSA urges carriers to stay alert and verify all unexpected communications to protect their businesses and industry partners.
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:
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.
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:
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:
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 |
|---|---|
|
|
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:
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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