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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
2026-02-20T06:00:00Z
NewsIndustry NewsDiversityAssociate RelationsEmployee RelationsHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishFocus AreaHuman Resources
Expert Insights: Silence is frustrating when it comes to DEI compliance
If you’ve spent the past year wondering when the federal government would clarify what constitutes unlawful diversity, equity, and inclusion (DEI) in the workplace, you might want to move to a more comfortable chair, because the wait continues.
Recent court activity highlights the ongoing uncertainty over what is meant by “illegal DEI” in Executive Orders issued by the president in January 2025, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and “Ending Radical and Wasteful Government DEI Programs and Preferencing.”
One federal court in particular expressed the frustration felt by employers seeking clarity. On January 30, the U.S. Court of Appeals for the Seventh Circuit heard oral arguments in Chicago Women in Trades v. Trump, No. 25-2144, concerning whether the administration can require federal contractors and grantees to certify that they don’t operate DEI programs that violate federal antidiscrimination laws.
The judges hearing the case criticized the federal government for not defining what separates lawful DEI from unlawful DEI.
Although the litigation directly affects federal contractors and grantees, the uncertainty has broader implications for private employers that value compliance and also understand the potential benefit of more diverse, equitable, and inclusive workplaces.
Though this and other courts have pressed the federal government to clarify where lawful DEI efforts end, and unlawful practices begin, no formal rules have emerged.
What the lack of rules surrounding DEI means for employers
For HR leaders, lack of concrete rules creates a need for thoughtful review of anything that could be viewed as DEI related, including programs, policies, training, and initiatives, even if they aren’t formally labeled as DEI.
Specifically, employers should carefully consider:
- Recruiting efforts,
- Leadership development programs,
- Mentoring initiatives, and
- Employee groups and events.
Make sure all those things align with longstanding federal antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964 which prohibits discrimination in employment based on membership in a protected class.
Document the purpose and structure of programs and initiatives and identify how they support equal opportunity. Programs should focus on education, awareness, and inclusive culture rather than preferences or exclusions tied to protected characteristics.
It’s also important to be consistent with internal messaging. HR leaders should make sure managers and HR staff use careful, neutral language when discussing any DEI-adjacent programs or initiatives, because inconsistent messaging can create unnecessary risks.
Regularly reviewing policies, programs, and initiatives shows good faith compliance efforts. If you have any questions about compliance, consult with an attorney or compliance expert.
Most importantly, HR should avoid making rash decisions due to the lack of clear guidance. Eliminating all inclusion-related efforts might negatively affect engagement, morale, and employer reputation. A thoughtful approach, however, allows employers to build and maintain respectful workplaces while adapting to an evolving legal landscape. Plus, it will give you something to do while you’re waiting for the federal government to issue specific rules.
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RECENT INDUSTRY HIGHLIGHTS
2026-02-20T06:00:00Z
NewsIndustry NewsMunicipal WastewaterWater ProgramsIndustrial WastewaterEnvironmentalIn-Depth ArticleCWA ComplianceEnglishFocus AreaUSA
PFAS, pretreatment, and biosolids: The growing challenge for water permitting
Per and polyfluoroalkyl substances (PFAS) pose one of the most urgent and complex challenges for wastewater systems in the United States. As federal agencies reconsider their regulatory strategies and states impose their own standards, publicly owned treatment works (POTWs) and the industries that discharge to them face increasing pressure to control PFAS at the source. These pressures affect pretreatment permits, industrial dischargers, and biosolids management, forming a rapidly evolving compliance landscape. Recent federal assessments and state actions show that PFAS in wastewater and biosolids is no longer a distant regulatory issue. It is a primary driver shaping future POTW permitting.
PFAS in POTW systems: A problem that starts upstream
PFAS enter POTWs through a mix of industrial wastewater, landfill leachate, household products, and consumer goods. Because PFAS are persistent and resistant to conventional treatment, they pass through biological processes largely unchanged. This means industrial contributors sending PFAS to a POTW can cause downstream compliance problems, even at low concentrations. EPA has emphasized that the best way to manage PFAS in wastewater is to prevent the chemicals from entering treatment systems in the first place, placing new attention on upstream industrial sources.
EPA’s 2025 trajectory indicates broader PFAS rulemaking is coming under several environmental statutes, including the Clean Water Act (CWA), Resource Conservation and Recovery Act, and Safe Drinking Water Act, although the federal landscape remains in flux. Still, agencies agree on one point: pretreatment programs will be an essential component of PFAS control.
Pretreatment permits: The first line of defense
Pretreatment permits regulate indirect dischargers, meaning industrial facilities that send wastewater to POTWs instead of directly to surface waters. These permits already manage pollutants that interfere with treatment or pass through into receiving waters. Now, PFAS has become a central focus.
States and POTWs are increasingly requiring:
- PFAS monitoring in industrial wastewater,
- Source identification surveys,
- Product substitution or process changes,
- Best management practices to reduce PFAS at the facility, and
- Local limits or prohibitions on PFAS discharges
EPA’s PFAS strategy specifically encourages states and POTWs to deploy all available pretreatment authorities to control PFAS at the source. This approach aligns with statements from EPA representatives asserting that upstream controls are one of the most effective tools for preventing PFAS from entering wastewater systems.
Biosolids under scrutiny: The impact of PFAS
The PFAS problem does not end with liquid effluent. It extends into biosolids, the treated sewage sludge generated by POTWs. In 2025, EPA released a Draft Sewage Sludge Risk Assessment evaluating risks associated with PFOS and PFOA in biosolids applied to land. The assessment found potential human health risks under certain scenarios when biosolid concentrations exceeded 1 part per billion. Although EPA emphasized the assessment is not a regulatory standard, many states immediately treated the value as a de facto limit for biosolid land application.
This rapid adoption has created a challenging environment for POTWs. Unless PFAS inputs from industrial sources are reduced, biosolid PFAS levels remain high, limiting disposal options such as:
- Agricultural land application,
- Composting,
- Surface disposal,
- Landfilling, and
- Incineration
Some states have already implemented bans or strict standards on biosolid land application due to PFAS concerns.
Regulatory uncertainty adds pressure
EPA’s PFAS regulatory posture has shifted several times. In 2025, EPA announced its intent to rescind certain PFAS drinking water designations while maintaining standards for PFOS and PFOA, signaling continued reassessment of its overall PFAS approach. These actions underscore the unsettled nature of federal rulemaking.
Meanwhile, the 2021 PFAS Strategic Roadmap and its subsequent progress updates outline multiple forthcoming actions under the CWA, including potential effluent limitation guidelines (ELGs) for PFAS manufacturers and metal finishers. These ELGs, if finalized, would apply to industrial direct and indirect dischargers and shape pretreatment standards nationwide. Yet, as of early 2026, EPA has not finalized technology based effluent limits for PFAS nor established national PFAS biosolids requirements, leaving states to fill the regulatory void.
What POTWs and industrial users should do now
Despite uncertainty, actions today can reduce long term liability:
- Conduct PFAS source identification at industrial users,
- Require PFAS monitoring in pretreatment permits,
- Develop local limits where state guidance is emerging,
- Engage with industrial facilities early on substitution and pollution prevention,
- Evaluate biosolids PFAS levels to assess disposal risks, and
- Participate in state rulemaking to anticipate new limits
POTWs should also coordinate with state environmental agencies, which continue to implement PFAS restrictions independent of federal action.
Pretreatment programs and biosolids management are becoming central to U.S. PFAS compliance. POTWs sit at the intersection of regulatory expectations, industrial discharges, and community concerns. While federal PFAS rules remain in development, state actions and EPA’s strategic direction make one fact clear: controlling PFAS at the source is essential.
Key to remember: For both industrial users and POTWs, proactive PFAS management is no longer optional. It is a core element of future permitting, planning, and risk reduction.
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2026-02-19T06:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyWork ZonesIn-Depth ArticleUSAEnglishFocus AreaWork Zones
Equal threat, opposite direction: Reversing hazards in work zones
Speeding through work zones is deadly, and distracted driving only intensifies the risk. But the danger does not end there: even slow-moving vehicles or those reversing at low speeds can be just as lethal, a fact underscored by two worker fatalities that occurred only days apart despite being hundreds of miles away.
Starting the year in the wrong direction
On January 10, 2026, a Michigan tow truck helper who was standing at the rear of their truck cab became pinned between the rollback flatbed carriage and the cab, suffering a fatal head injury. Preliminary findings show that after unloading a vehicle, the flatbed was being returned to its original position when unexpected resistance was encountered. Later, the helper was found on the ground and was pronounced deceased at the scene.
Six short days later in New Hampshire, a pickup truck operator struck a worker while reversing their vehicle on a worksite. Life-saving measures were attempted by emergency responders; however, the struck worker died because of injuries suffered in the incident.
While investigations into both fatalities are still underway, they serve as sobering reminders that workplace tragedies can occur regardless of vehicle direction or speed, underscoring the importance of maintaining rigorous work zone safety practices.
Reversing fatal facts
According to the National Work Zone Safety Information Clearinghouse, fatal highway worker injuries involving workers on foot struck by vehicles have increased by 10.7 percent since 2021. From 2021 to 2023, these incidents accounted for an average of 53.5 percent of all fatal highway worker deaths. In 2023 alone, more than 800 people were killed in work zone crashes, and over 37,000 were injured.
The data drives home the concept that work zone safety is moving in the wrong direction, making it critical for organizations to strengthen controls, improve visibility, and reinforce safe work practices. While work zone incidents remain a serious challenge, employers can reduce risk by applying data‑driven practices, proven countermeasures, and structured hierarchical control strategies, including:
- Prioritizing worker participation in identifying hazards and evaluating/implementing control options;
- Analyzing crash and trend data to target safety strategies and guide interventions;
- Addressing commonly cited OSHA violations to close work zone safety gaps before injuries or fatalities occur;
- Implementing safety countermeasures such as speed management tools, enhanced roadway delineation, improved lighting, pedestrian protections, and median barriers;
- Coordinating with engineers, traffic control companies, equipment manufacturers, and law enforcement to establish effective communication and staging strategies;
- Maintaining a written hazard control plan that includes emergency and non-routine operations;
- Evaluating the effectiveness of controls and adjusting when needed.
Key to remember: Work zone injuries are increasing; therefore, every vehicle movement, no matter the direction, must be controlled using engineering controls, data-informed decisions, worker participation, and consistent hazard management.
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2026-02-19T06:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyCalifornia Division of Occupational Safety and Health (Cal/OSHA), DILCaliforniaEnglishFocus Area
Cal/OSHA proposes to adopt federal ‘worker walkaround’ rule
In April 2024, federal OSHA issued a final rule addressing the workplace inspection process at 29 CFR 1903.8. California proposes to adopt the federal rule and add further provisions. The proposal would:
- Allow both a representative of the employer and a representative authorized by employees to accompany the Cal/OSHA inspector during the worksite inspection. The inspector is authorized to allow multiple representatives for employer and employee and to resolve any disputes as to who the representatives are.
- Establish who may be designated as the representative authorized by employees for purposes of accompanying the inspection;
- Establish the inspector’s authority to lead the inspection and ensure the conduct of the representatives who participate does not interfere with the effectiveness of the workplace inspection; and
- Allow the employer to protect trade secrets by requiring that any employee representative in an area containing trade secrets be an employee of the company. If this requirement results in excluding the only available employee representative, then the inspector will be required to interview employees who work in the area as part of the inspection.
A public hearing is scheduled for April 1, 2026, via Zoom; this is also the deadline for submitting comments on the proposal.
2026-02-19T06:00:00Z
NewsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyFocus AreaIn-Depth ArticleEnglishTransportationBusiness planning - Motor CarrierUSA
FMCSA finalizes 12 deregulatory changes
The Federal Motor Carrier Safety Administration (FMCSA) has finalized a broad array of deregulatory changes affecting vehicle standards, inspection requirements, emergency equipment, licensing rules, and more.
Published February 19, 2026, the rule changes have limited impact but they represent the FMCSA’s first salvo at providing regulatory relief under the Trump administration. More rule changes are expected in the near future.
What’s changing
Motor carriers should review the changes now to determine how they might impact their operations. Except as noted, the new rules take effect on March 23, 2026:
- Bumper labels: Motor carriers will no longer need to ensure that their vehicles’ rear-impact guards have a permanent certification label from the manufacturer. These labels often fall off or become unreadable over time, resulting in citations even when guards meet the safety standard.
- License-plate lamps: Tractors will no longer need a working rear license-plate lamp while pulling a trailer. If there’s no trailer, the light will need to be operational.
- Spare fuses (effective April 20, 2026): Drivers will no longer be required to carry spare fuses for powering required equipment. The FMCSA says today’s vehicles don’t commonly suffer from blown fuses, making the requirement unnecessary.
- eDVIRs: Though already allowed under 49 CFR 390.32, the vehicle inspection rules in Part 396 will explicitly allow drivers and motor carriers to use electronic drivers’ vehicle inspection reports (DVIRs).
- Auxiliary fuel pumps: Motor carriers will be able to use gravity- or siphon-fed auxiliary fuel pumps with tanks up to 5 gallons, mounted on the trailer and used only when the vehicle is not in motion. The rule revises 393.65(d) to reflect modern small-capacity auxiliary systems used for trailer-mounted equipment. capacity auxiliary systems used for trailer-mounted equipment.
- Fuel tank fill limit: It will no longer be a violation to use fuel tanks that can be filled beyond 95 percent of their capacity. Modern liquid-fuel tanks have vented caps that can safely accommodate a 100-percent fill, the FMCSA says.
- Liquid-burning flares: The FMCSA has removed the option to use liquid-burning flares as emergency warning devices. Drivers must use reflective triangles or solid-fuel flares instead.
- CDLs for military techs: Dual-status military technicians (as defined in 10 U.S.C. 10216) are now explicitly included in the commercial driver’s license (CDL) exemption for military vehicle operations. Previously, only National Guard technicians qualified; Air Force Reserve and Army Reserve technicians were excluded.
- Portable conveyors: Portable conveyors used in the aggregate industry and manufactured before 2010 are now exempt from the “brakes on all wheels” requirement, provided certain weight and speed limits are met.
- Tire markings: The FMCSA has clarified that its rules do not require tire load-rating markings on sidewalls. That requirement falls to manufacturers only, not motor carriers.
- Vision waivers: An obsolete grandfathering provision related to an old vision waiver study program has been removed from the regulations (391.64) in favor of today’s alternative vision standard in 391.44.
- Water carriers: The FMCSA has removed outdated references to “water carriers,” updating parts 365, 370, 379, 386, and 390 to reflect the agency’s lack of jurisdiction over maritime carriers.
More rules on the way?
Additional deregulatory actions proposed last May are still in process but are expected to be finalized soon. This includes rules to:
- Remove the need to carry a user manual for electronic logging devices (ELDs).
- Remove the requirement for drivers to self-report moving violations.
- End the requirement that carriers return completed roadside inspection reports unless requested by the issuing agency.
- Exempt certain buses and hazmat drivers from stopping at railroad crossings equipped with active warning devices (unless the devices are activated).
- Record information about accidents where medical treatment consisted only of imaging or a prescription without actual treatment.
- Delete the outdated requirement to retrofit older trailers with retroreflective tape.
Key to remember: The FMCSA has finalized 12 deregulatory actions among 18 proposed in May 2025. The changes could save time and money for both motor carriers and drivers.
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2026-02-19T06:00:00Z
NewsIndustry NewsEnglishWork-life balanceHR GeneralistIn-Depth ArticleEmployee Mental HealthAssociate RelationsWellnessWellnessHR ManagementFocus AreaUSAHuman Resources
Help for workers with well-being woes
Worries about well-being are on the rise, with economic issues topping the list of worker concerns.
In the 2026 Workplace Wellness Survey published in January by the Employee Benefits Research Institute workers rated their level of well-being concern at an average of 5.8 out of 10, up from 5.5 in 2024. Top issues of concern included:
- Inflation (89 percent)
- Health care costs (87 percent)
- Health insurance costs (86 percent)
What helps?
While employers can’t magically make sources of unease disappear, they can provide support to workers to help them cope. When asked which three aspects of their workplace contributed most to their sense of well-being, these were the top worker responses.
- Work-life balance – 53 percent
- Meaningful work/work they enjoy – 42 percent
- Amount of paid time off – 34 percent
- Supportive supervisor - 33 percent
- Personal connections with colleagues – 33 percent
Taking action
Employers can use workplace policies and programs to enhance worker well-being and address anxiety over issues that are chipping away at it. While well-being is affected by things that are beyond an employer’s control, support can be provided through:
Boundaries: To help workers enjoy better work-life balance, place limits on off-hours emails, texts, and phone calls. Don’t make employees responsible for responding to emails or notifications they receive after the workday ends. If 24-hour coverage is required, rotate on-call responsibilities.
Sharing the impact: Understanding how your work benefits others makes it meaningful. Use team meeting announcements, intranet articles, and one-on-one conversations to let workers know how their contributions support customers, coworkers, and the organization as a whole.
Empowerment: Lack of control makes a job more stressful and detracts from meaningful work. Supervisors should listen to suggestions for improvement and, when possible, give workers control over how tasks are done.
Encouraging workers to recharge: Make sure managers know that it’s important for them and their workers to take time off to support their mental health; there should be no shame in asking for paid time off. Establish a simple, consistent process for requests and give employees discretion on when to take time off. Supervisors and managers can model the importance of taking a break from work by taking time off themselves.
Supervisor training: Supervisors are often promoted to their position because they are great at their job, but they may lack experience in managing people. To help them and their teams succeed, offer training that helps supervisors improve people skills such as communication, conflict resolution, and emotional intelligence.
Expressions of thanks: A lack of recognition or acknowledgment from leaders strains job satisfaction. Don’t take workers for granted; thank them for their contributions.
Encouraging connections: Having a friend at work makes employees more engaged with their job. Support workplace connections with activities such as potluck meals, a book club, or after-hours social events. To find ideas that resonate with your workforce, conduct a survey or put together a teambuilding committee. In addition, a mentoring program that pairs less experienced workers with those who have more seniority can encourage a sharing of ideas and build relationships.
Promotion of mental health resources: When concerns escalate and anxiety mounts, professional help can ease the strain. Make sure workers know how to access mental health benefits provided by your company. Use posters, intranet articles, and team meeting announcements to spread the word.
Key to remember: Worker well-being is strained by factors outside of an employer’s control, but encouraging workplace connections, saying thanks, and training managers in effective communication are ways employers can provide support.
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