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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
2026-01-12T06:00:00Z
NewsIndustry NewsWater ProgramsEnvironmentalIn-Depth ArticleWater ProgramsUSAEnglishFocus AreaCWA Compliance
Understanding WOTUS and Navigable Waters in 2026
Federal Clean Water Act (CWA) coverage is narrowing after the Supreme Court’s Sackett v. EPA decision (2023) and a 2025 EPA/U.S. Army Corps of Engineers (USACE)proposal to align waters of the United States (WOTUS) with that ruling. Expect fewer federally regulated wetlands, more state-by-state differences, and continued uncertainty through 2026.
What counts as “navigable waters” today?
Post-Sackett, WOTUS includes traditional navigable waters, territorial seas, certain interstate waters, impoundments, tributaries that are relatively permanent, and adjacent wetlands that directly abut those waters through a continuous surface connection. Non-jurisdictional ditches do not create adjacency.
Recent changes
- Supreme Court in Sackett (May 2023): The CWA covers only waters that are relatively permanent and wetlands with a continuous surface connection to those waters. The Court rejected the “significant nexus” test.
- Conforming amendments (September 2023): EPA and the USACE removed the significant nexus standard, revised adjacency, and clarified that interstate wetlands are not automatically WOTUS.
- Field guidance (March 2025): EPA and USACE directed that non-jurisdictional ditches, swales, pipes, and culverts do not create a continuous surface connection. Wetlands must directly abut the water.
- Proposed rule (November 2025): Adds definitions for “relatively permanent,” “tributary,” and “continuous surface connection.” If finalized, federal coverage will narrow further.
Where each rule applies
Implementation is split:
- 2023 amended rule: In effect in 24 states, DC, and territories.
- Pre-2015 regime + Sackett: Applies in 26 states, including Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
Kentucky now follows the 2023 rule except for certain litigants. Always check EPA’s “Current Implementation” page to check state status before filing permits.
Why it matters to industry and commerce
- Permitting: WOTUS defines whether projects need Section 404 (dredge/fill) and Section 402 (NPDES) permits. Narrower federal scope can reduce federal permitting, but state and tribal programs may still apply.
- Design: Wetlands separated by berms or uplands and connected only by ditches or culverts likely do not qualify as WOTUS. Early jurisdictional determinations (JDs) and hydrologic documentation are critical.
- Risk: Multi-state portfolios face uneven rules due to individual states having their own regulatory framework. The 2025 proposal could further limit federal reach, shifting responsibility to states. Multi-state industry and commerce should prepare for state variability and litigation-driven changes.
The legal and regulatory arc: why definitions keep changing
- Statute: The CWA regulates “navigable waters,” defined as “waters of the United States,” but does not define WOTUS.
- Court history: Court decisions have repeatedly reshaped and narrowed the definition of WOTUS. U.S. v. Riverside Bayview (1985) upheld adjacent wetlands; the scope narrowed when SWANCC v. USACE (2001) limited isolated waters; Rapanos v. U.S. (2006) deepened uncertainty by introducing two competing tests, “relatively permanent” vs. “significant nexus,” leaving regulators and courts with ambiguity.
- Rulemaking swings:
- 2015 Clean Water Rule broadened coverage.
- 2020 Navigable Waters Protection Rule narrowed it; later vacated.
- 2023 WOTUS Rule was reshaped by Sackett and amended in August 2023.
- Current alignment: The 2023 amendments and 2025 proposal aim to match the Court’s standards.
Pending actions to watch in 2026
- Final rule: The 2025 proposal’s comment period closed Jan. 5, 2026. A final rule could standardize terms and narrow jurisdiction further.
- Litigation: Courts may lift or expand injunctions, changing which states apply which regime.
- Funding: FY2025 operations rely on continuing resolutions; WOTUS changes will come through rulemaking, not budget riders.
Practical steps for EHS and project teams
- Confirm your state’s regime before scoping.
- Request or update JDs early; document permanence and direct abutment.
- Track the 2025 proposal and submit comments where unclear.
Key to Remember: WOTUS and “navigable waters” definitions are narrowing, reducing some federal burdens but increasing state variability. For industrial and commercial projects, early jurisdictional work and state-specific permitting plans are essential to protect schedules and budgets.
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RECENT INDUSTRY HIGHLIGHTS
2026-01-12T06:00:00Z
NewsIndustry NewsSafety & HealthInjury and Illness RecordkeepingConstruction SafetyGeneral Industry SafetyIn-Depth ArticleUSAEnglishFocus AreaInjury and Illness Recordkeeping
It’s that time of year again: Top injury recordkeeping questions answered
For supervisors and safety professionals, OSHA recordkeeping can feel like a puzzle, especially when tracking days away, job transfers, work restrictions, and determining what to do when an injured employee leaves the company. These situations often raise questions about what is truly recordable, and the answers aren’t always obvious, so we are here to clear up some of that confusion.
When does a job transfer or restriction become recordable?
OSHA’s rule in 29 CFR 1904.7 states that an injury or illness is recordable if it results in days away, restricted work, or a job transfer. “Restricted work” means the employee cannot perform one or more routine job functions or cannot work a full shift because of the injury.
“Routine job functions” are the tasks an employee regularly performs as part of their job, typically at least once a week. So, even if a restriction limits only occasional or non-routine duties, it may not count as restricted work. But if the restriction prevents the employee from doing routine tasks, then it is recordable.
As an example, Rachel strains her wrist lifting boxes. Her doctor says, “No lifting over 10 pounds for two weeks.” Rachel still comes to work, but instead of her usual warehouse duties, she does light clerical tasks. Because this restriction prevents her from performing normal job functions, it counts as restricted work and must be logged on the OSHA 300 form. However, if Rachel’s normal job functions did not involve lifting more than 10 pounds, say she primarily worked at a computer, then the restriction would not impact her routine tasks and would not be recordable.
What about restrictions that aren’t injury-based?
This is where confusion often creeps in. OSHA clarified in a 2016 letter of interpretation that restrictions imposed for reasons unrelated to physical ability, such as protecting product quality or operational efficiency, are not recordable. For example, Brandon cuts his finger but can still do his job. The company keeps him out of a sterile area to avoid contamination, not because he’s physically limited. OSHA says that’s not a recordable restriction because it’s about quality control, not capability.
Additionally, OSHA clarifies an important point about productivity. A slowdown in speed or efficiency does not make a case recordable as long as the employee can still perform all of their normal job functions. Recordability is based on physical limitations, not business-driven decisions or reduced output.
For example, if Ed injures his arm and works more slowly but still completes all his usual tasks, that’s not restricted work. Productivity loss alone doesn’t trigger recordability, the key factor is whether the injury prevents the employee from performing routine job duties.
How does counting days away, restrictions, or transfer work?
Once you determine a case is recordable, OSHA requires you to start counting the day after the injury or illness occurs and continue until the employee resumes all routine job functions without restriction. This is spelled out in 29 CFR 1904.7(b)(3)(vii). The count includes calendar days, not just scheduled workdays, and weekends and holidays are part of the total.
For example, if Cindy spends three days doing inventory instead of her usual production work, those three days go in the OSHA 300 log. If her restriction spans a weekend, those days count too, even if she wasn’t scheduled to work.
OSHA also sets a cap of 180 calendar days for combined totals of days away from work, restricted work, and job transfer. If the injury or illness continues beyond that point, you stop counting once the overall total reaches 180 days, even if the employee remains under limitations.
What if an injured employee leaves the company?
This scenario often creates uncertainty for supervisors. If an injured employee leaves, what happens to your OSHA log? OSHA addresses this in 1904.7(b)(3)(viii). The rule is straightforward but requires a bit of determination from the employer:
- If the departure is unrelated to the injury, you stop counting restricted days and days away from work on the employee’s last day. For example, Jeff accepts a promotion at another company. His wrist injury had him on light duty, but his decision to leave was for career advancement. You record the days up to his last shift and stop there.
- If the departure is related to the injury, you must estimate the total number of days the employee would have been restricted or away and record that estimate. OSHA expects employers to make a reasonable projection based on medical advice and typical recovery times. For instance, Gina resigns because her back injury prevents her from performing essential job functions. Her doctor anticipated six weeks of restrictions. Even though she left after two weeks, you record the estimated six weeks.
OSHA emphasizes that these estimates should be made in good faith. You’re not expected to predict the future perfectly, but you should use available information, such as physician recommendations or similar cases, to make a reasonable determination.
Key to remember: OSHA recordkeeping can seem complex, and many times create more questions than answers, but the agency offers clarity through its letters of interpretation. When in doubt, rely on these official resources, they’re designed to help employers make accurate, compliant decisions.
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HR Monthly Round Up - December 2025
In this December 2025 roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.
Artificial intelligence, revenue growth, and attracting top talent are on business leaders’ minds for 2026, according to the CEO Priorities and Perspectives study released December 4 by the Society for Human Resource Management. The study, which was conducted in October 2025, was based on a survey of 116 CEOs.
While 87 percent of CEOs surveyed see AI-driven upskilling and reskilling to be prevalent in 2026, the cost of labor is a concern. The survey indicated that 81 percent of CEOs expect rising labor and total workforce costs, and 75 percent anticipate workforce reductions to be a trend in the new year.
In other news, on December 3, two senators introduced bipartisan legislation called the Fair Access for Individuals to Receive Leave Act. If enacted, the bill would eliminate the requirement that married couples who both work for the same employer share the 12 weeks of leave under the federal Family and Medical Leave Act in certain circumstances, such as when the leave is taken to bond with a healthy newborn child.
If this bill gets enacted, employers would have an easier time tracking FMLA leave and employees would have more leave flexibility. Although this bill might not pass, it indicates that revising legislation about employee leave is still on the minds of lawmakers.
One more quick update, the White House has directed the attorney general to speed up the process of reclassifying marijuana as a less dangerous drug. An executive order signed December 18 brings new life to a process that began in 2024 when the federal government published a proposed rule that would move marijuana from schedule I of the Controlled Substances Act to schedule III, a lower-class drug category.
The rescheduling proposal would move marijuana to the same drug class as prescription drugs such as Tylenol with codeine, ketamine, and steroids. It would also make it possible for medical marijuana to be prescribed to patients.
While the executive order revives the marijuana rescheduling issue, it will likely be 6-12 months before a final rule is issued. Hearings will need to be scheduled and comments from the hearings will need to be considered before a final rule is published.
That’s all the HR news we have time for today. Thanks for watching. See you next month!
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Transportation Monthly Round Up - December 2025
In this December 2025 round up video, we'll review the most impactful transportation news.
In this December 2025 round up, we will discuss a new USDOT registration system called Motus, recent marijuana news in the DOT, and an increase with vision compliance violations. Let's get started.
The Federal Motor Carrier Safety Administration (FMCSA) has announced the rollout of Motus, a new USDOT registration system designed to streamline compliance and modernize the way motor carriers, brokers, and supporting companies manage their regulatory obligations.
Motus represents a significant shift from the current patchwork of portals, consolidating USDOT numbers, biennial updates, hazmat registrations, and other filings into one secure platform. The initiative aims to simplify processes, enhance fraud prevention, and provide registrants with real-time data validation and mobile accessibility.
As of December 2025, Motus is open with limited access for supporting companies, but motor carriers don't need to re-register immediately. FMCSA anticipates registration requirements will begin in mid to late 2026.
The White House has directed the attorney general to speed up the process of reclassifying marijuana as a less dangerous drug. A lot must happen before any changes will occur under the U.S. DOT drug testing regulations, however.
The DOT is required to follow U.S. Health and Human Services (HHS) guidelines for DOT drug testing, including the drug testing panel. Until the federal Drug Enforcement Administration acts on rescheduling marijuana, neither the HHS nor DOT can move forward. Changes to the DOT drug testing panel can’t occur until HHS provides new guidelines and regulation 49 CFR Part 40 is revised through the rulemaking process.
At this time, it’s unknown whether there will be any stipulations built into the rescheduling allowing HHS and DOT to continue testing for marijuana.
In 2025, approximately 5,000 commercial drivers were placed out of service (OOS) during roadside inspections for failing to meet vision qualification requirements, ranking as the #12 top driver OOS violation of the year.
The most common issue? Drivers whose licenses carried a “corrective lenses restriction” were not wearing glasses or contacts at the time of inspection. Previous years showed much lower volumes, with vision violations ranking at #17.
The regulations state that if a driver’s license or medical certification indicates corrective lenses are required, the driver must be wearing them or else face an immediate out-of-service order and a citation. This rule applies even if the driver underwent vision correction surgery but neglected to update their license and medical certification.
That’s it for this month’s round up. Stay safe, and thanks for watching.
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NewsCranes, Lifts, and ScaffoldingEnforcement and Audits - OSHAWater ProgramsMonthly Roundup VideoHazardous Air PollutantsCAA ComplianceUSAWater ProgramsStormwaterEnglishAir ProgramsIndustry NewsEnforcement and Audits - OSHACrystalline SilicaSafety & HealthGeneral Industry SafetyEnvironmentalFocus AreaTower CranesAir ProgramsToxic and Hazardous Substances - OSHAVideo
EHS Monthly Round Up - December 2025
In this December 2025 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 last month.
In fiscal year 2025, the top three violations for non-construction small employers, those with under 100 employees, were hazard communication, respiratory protection, and powered industrial trucks. Three industries dominated these violations: fabricated metal product manufacturing, repair and maintenance, and non-metallic mineral product manufacturing.
OSHA issued several new letters of interpretation on a variety of workplace topics, including permit required confined spaces, recordkeeping, and powered industrial trucks. Letters of interpretation help ensure the consistent application of federal workplace safety and health standards, and provide regulatory clarification to employers, workers, and safety professionals.
California’s STOP Act took effect January 1. The law targets the state’s fabricated stone industry. It prohibits dry cutting of stone countertops, mandates employee training, and classifies silicosis and silica-related lung cancer from artificial stone as a serious injury or illness.
As of January 1, Washington state requires tower crane permits for all construction work involving tower crane operation, assembly, disassembly, and reconfiguration. Before issuing permits, Washington Department of Labor and Industries will conduct safety conferences to ensure all parties understand the safety requirements and related responsibilities.
Turning to environmental news, EPA issued compliance deadline extensions for certain emissions standards. The delays affect the New Source Performance Standards for crude oil and natural gas facilities and the emissions guidelines for such facilities. Compliance timelines have been pushed into mid- to late-2026 and early 2027.
And finally, although EPA has been deregulating or loosening some environmental requirements, there are still some standards being tightened. These include renewable fuel standards, stormwater management, and PFAS disclosure. Changes to these requirements will reshape compliance obligations for U.S. companies in 2026, and reflect a trend toward increased transparency and environmental accountability.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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2026-01-09T06:00:00Z
NewsIndustry NewsIndustry NewsHazard ClassificationsSafety & HealthGeneral Industry SafetyHazard CommunicationHazard CommunicationEnglishFocus AreaUSA
OSHA issues further HazCom corrections
On January 8, OSHA issued further technical corrections to its Hazard Communication final rule, which was originally published on May 20, 2024. An initial set of corrections was published October 9, 2024, and OSHA continued to review 29 CFR 1910.1200 and its appendices for errors. The agency said these corrections should reduce confusion during the classification process and prevent errors on labels and safety data sheets.
In the regulatory text at paragraph (c), ‘‘chemicals under pressure’’ was added to the definition of ‘‘physical hazard” and the definition of “liquid” now includes the PSI conversion (14.69 PSI) with the first reference to the value 101.3 kPa.
Numerous images and typographical and formatting errors were corrected in Appendices A, B, C, D, and F to 1910.1200. For a detailed list, see the table in the January 8 Federal Register.
OSHA intends to update related FAQs, guidance documents, and other supporting materials on its Hazard Communication topic page.
As a reminder, the first HazCom compliance date for the revised 2024 final rule is January 19, 2026. See our related article: First HazCom compliance date just around the corner
For more on the May 2024 and October 2024 HazCom changes, see the following articles:
OSHA’s HazCom final rule is here! (5/20/2024)
OSHA issues HazCom corrections (10/09/2024)
See also, What changes did OSHA make to the HazCom Standard in 2024?
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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.