SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-11-17T06:00:00Z
NewsSafety and Health Programs and TrainingConfined SpacesDiseases and illnessesPermit-Required Confined SpacesSafety and Health Programs and TrainingIn-Depth ArticleEnglishIndustry NewsInfectious DiseasesSafety & HealthConstruction SafetyInfectious DiseasesGeneral Industry SafetyFocus AreaUSA
Check out latest OSHA pubs on tank cleaning, cannabis industry, temp workers, and more
OSHA issued several new fact sheets and publications, ranging from the hazards of tank cleaning to allergies in the cannabis industry, monkeypox, and temporary workers in construction. These publications don’t create new regulations or obligations but rather provide guidance and information on specific topics and how they relate to existing OSHA laws and regulations.
Enclosed tank cleaning
Two maintenance workers died after vapors from leftover gasoline in a tank car displaced oxygen, resulting in a hazardous atmosphere. One worker was overcome and the second died while trying to rescue the first. An investigation revealed the employer didn’t test the air inside the tank before letting workers enter.
A FatalFacts bulletin (Issue No. 21-2025) explains that employers performing permit-confined space operations in enclosed tanks must develop and implement a written program for safe entry operations, following the requirements at 29 CFR 1910.146. The bulletin describes how to prevent these incidents and provides a list of related standards and resources.
Occupational allergies/asthma in cannabis industry
Another FatalFacts bulletin (Issue No. 20-2025) focuses on the first known occupational asthma fatality in the cannabis cultivation and production industry. OSHA notes that employees in this industry are at increased risk of work-related allergies due to the magnitude of cannabis dust as well as limited awareness of this hazard.
A recent study showed that over 70 percent of current cannabis workers reported allergic and/or respiratory symptoms! These included irritation of the eyes, nose, and/or throat; coughing; shortness of breath; and skin conditions such as a rash or hives.
The bulletin describes lung hazards and work-related allergies in the cannabis cultivation and production industry, offers prevention strategies, and provides a list of applicable OSHA standards and resources.
Mpox/Monkeypox virus
Although the risk for mpox in most work settings is extremely low, workers whose duties may involve close personal contact with an mpox-infected person or animal are at greater risk. These include healthcare workers, workers in congregate settings such as group homes or hotels, and animal care workers.
Mpox is classified as a high-risk pathogen because it can be easily transmitted from person-to-person through close contact, which poses a danger to public health. It can spread through direct contact with an infected person or animal, including close contact with contaminated materials such as bedding, clothing, and towels.
OSHA FactSheet (FS-4191) describes mpox signs and symptoms, worker exposure risks, precautionary measures, and applicable OSHA standards.
Temporary workers in construction
OSHA’s Temporary Worker Initiative (TWI) focuses on compliance with safety and health requirements when temporary workers are jointly employed by a staffing agency and a host employer. The agency has published TWI bulletins addressing specific regulatory topics like personal protective equipment, powered industrial trucks, bloodborne pathogens, and hazard communication. The most recent bulletin, TWI Bulletin No. 15, provides guidance on construction industry employment. Industry hazards include falls from heights, heat exposure, electrocution, and struck-by and caught-in-between hazards.
The bulletin addresses responsibilities of the staffing agency and host employer, and what each can do to ensure the safety of temporary workers in the construction industry. OSHA reminds employers that temporary workers have the same protections as all other covered workers under the Occupational Safety and Health (OSH) Act.
Earlier publications
Publications issued by OSHA earlier this year and late last year touched on:
- Whistleblower protections (OSHA FS-3812 – 2025),
- Lithium-ion battery safety (OSHA FS-4480 – 2025),
- Protecting personally identifiable information (PII) (OSHA FS-4388 2025),
- Safety in semiconductor manufacturing (OSHA fact sheet 2025), and
- Workplace violence (OSHA FS-3509 2024).
See our related article Just the facts! New OSHA pubs address lithium-ion batteries, workplace violence, more.
Key to remember: Employers can look to OSHA’s newest publications for guidance on a variety of topics.
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RECENT INDUSTRY HIGHLIGHTS
2025-11-17T06:00:00Z
NewsIndustry NewsEnglishEmployee RelationsHR GeneralistIn-Depth ArticleUSAAssociate RelationsCommunication ToolsHR ManagementFocus AreaHuman Resources
Workers appreciate help when it comes to retirement planning
It’s likely that chefs, tree trimmers, truck drivers, florists, and other workers all have one thing in common: They need to plan for retirement and probably would appreciate some help in doing it.
When it comes to being ready for retirement, it’s not uncommon for employees to feel lost. The Consumer Benefits and Insights Research survey from Voya Financial survey shows that only 55 percent of Americans say they are very or somewhat prepared for retirement. When employees have somewhere to turn for guidance, however, they are much more likely to be prepared to retire. The survey found that:
- 81 percent of those who receive investment guidance are likely to report feeling very or somewhat prepared for retirement, compared to 47 percent of those who do not receive investment guidance.
- 91 percent of individuals who have a financial advisor are likely to say they are very or somewhat prepared for retirement as opposed to 48 percent of those without a financial advisor.
Offering support
To help workers get ready for retirement, employers can give them opportunities to learn how to prepare and options that can boost their savings:
Education: Offer information about saving for retirement in both personal and digital formats. General information on your retirement options can be shared at employee meetings, through lunch-and-learn sessions, or via articles and videos shared on your intranet. Information could be presented by a representative from your retirement benefits provider or your human resources benefits specialist. If your retirement benefits provider offers the opportunity for one-on-one sessions, make sure employees know how to sign up. In addition, publicize the availability of retirement calculators or other tools that are available on your retirement plan website.
Auto-enrollment in a retirement plan: Retirement plans are a common workplace benefit; 93 percent of employers offer a traditional 401(k) or similar retirement savings plan, according to the 2025 Employee Benefits Survey from the Society for Human Resource Management (SHRM). However, only 51 percent of employers automatically enroll new or existing employees. Auto-enrollment makes it easier for workers to enter the plan, as the employer automatically deducts retirement savings from their pay unless they opt out of the plan or decide to contribute a different amount. If employees want to stay with the employer’s deferral rate, they don’t need to do anything.
Automatic increases: Employees may choose to increase their retirement contribution by a certain percentage each year, allowing them to build their retirement savings without thinking about it. According to the SHRM survey, 27 percent of employers automatically escalate salary deferral amounts.
Matching contributions: One way to help employees build retirement savings is to match their retirement contributions. Many employers offer this benefit; the SHRM survey found that 85 percent make contributions to traditional employee 401(k) plans and 74 percent contribute to Roth plans. The average maximum percentage match is about 6 percent.
Key to remember: By providing information and making it easy to build a retirement savings account, employers can help workers feel more prepared for retirement.
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2025-11-14T06:00:00Z
NewsIndustry NewsFleet SafetyDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleSupervisor alcohol and drug training - Motor CarrierUSAEnglishTransportationReasonable suspicion drug and alcohol testing - Motor Carrier
Expert Insights: Are your supervisors prepared to tackle impairment?
Those who supervise truck and bus drivers have a lot of responsibility on their shoulders, including taking the keys away from drivers who may be impaired. Are your supervisors prepared to do what’s needed?
This is especially important if you have drivers subject to DOT-mandated drug and alcohol testing. You must ensure their supervisors know the DOT rules and are ready to act at a moment's notice. I like to share this five-step approach:
Step 1: Train
Before an individual may begin supervising drivers, they must complete reasonable-suspicion training. Under 49 CFR 382.603, supervisors must receive at least 60 minutes of alcohol-abuse training and 60 minutes of drug-use training. This prepares them for being able to identify drivers who may be impaired and order “reasonable suspicion” tests. Keep documentation of this training for as long as the person is in the supervisory role and for two years after that. Refresher training is not required, but it's a good idea.
Step 2: Observe
The supervisor must personally make the observations necessary for a test, based on the driver’s appearance, behavior, speech, and/or odor. Are there clear indications of drug use or alcohol abuse? Common signs include:
- Bloodshot eyes or pupils that are larger or smaller than usual;
- Unusual odors on breath, body, or clothing;
- Impaired coordination with routine tasks;
- Erratic or suspicious behaviors;
- Slurred speech, unsteady gait, confusion, or emotional volatility; and/or
- Sudden mood swings, irritability, or disorientation.
The observations must be specific, happening at the time, and able to be documented. It’s a best practice to have another trained supervisor corroborate the observations when possible.
Step 3: Confront
This is the hardest part. It may be awkward, but the supervisor must confront the driver and notify them of the suspicion. (Tip: Do role-playing exercises to get supervisors comfortable handling these confrontations.) The supervisor should engage the driver in a private area and have an interactive conversation. The supervisor should describe exactly what was observed and why it means a test(s) is required. Avoid diagnosing or accusing; focus only on observed behaviors or physical signs. If the driver becomes defensive, the supervisor should listen respectively but repeat the observations and state how they’re bound by regulation to order a DOT test. If the driver refuses to go for a test, it's treated as a refusal and has the same consequences as a failed test.
Step 4: Test
After confirming their suspicion, the final step is for the supervisor to immediately order the reasonable-suspicion test(s). The supervisor who orders the test cannot conduct an alcohol test themselves.
For obvious reasons, don’t allow drivers to drive themselves to the collection site. As best practice, have a supervisor accompany the driver to and from the site.
It may take several days to receive the results, so your company policy should dictate what you do with the driver in the interim. Suspensions are common but must be done in compliance with labor laws.
Step 5: Document
The supervisor must document the observations that led to the test(s). This document must be created and signed within 24 hours of the observations or before the test results are released, whichever comes first. It should include the date and time, the specific observations, the actions taken, and the supervisor’s signature.
Using this 5-step approach to reasonable-suspicion testing helps ensure that no one who is impaired by drugs and/or alcohol is permitted to operate a commercial vehicle. This not only helps keep you compliant, it also helps keep our highways safe.
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2025-11-14T06:00:00Z
NewsIndustry NewsSafety & HealthElectrical SafetyGeneral Industry SafetyElectrical SafetyIn-Depth ArticleEnglishClearance DistancesFocus AreaUSA
Beware of these common electrical safety violations
Electrical safety violations are among the most-cited General Industry standards. The combined total citations under 1910.303 and 1910.305 exceeded the machine guarding violations last year. Neither standard requires training, but training could help avoid citations and injuries.
The industries most often cited under those two standards include manufacturing, retail, wholesale, lodging and food service, and transportation and warehousing. OSHA commonly issues citations for things like:
- Using portable fans that were not approved for industrial locations,
- Leaving electrical boxes open,
- Failing to maintain sufficient space around electrical boxes, and
- Improperly using flexible cords or extension cords.
Use equipment properly
Paragraph 1910.303(b) covers examination, installation, and use of equipment. It includes a kind of a “general duty clause” that states, “Electric equipment shall be free from recognized hazards that are likely to cause death or serious physical harm to employees.”
Since electricity could cause serious harm, OSHA can cite that paragraph for a number of hazards. Citations include things like damaged insulation on wiring or exposed electrical parts of equipment motors. However, that isn’t the most frequently cited paragraph.
Sub-paragraph 1910.303(b)(2) gets cited most often. It states, “Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.” Essentially, this tells employers to follow manufacturer instructions when using electrical equipment. OSHA uses this for violations like improperly using power strips or allowing employees to use outlets that were not correctly installed.
For related information, see our article, Five things to know before letting employees work with electricity.
Another frequently cited issue is failing to maintain access and working space around electrical equipment. Paragraph 1910.303(g)(1) requires sufficient access and space to allow safe operation and maintenance, describes specific distances, prohibits using the working space for storage, and requires guarding when live parts are exposed for inspection or service.
Wiring issues
The other commonly-cited electrical standard is 1910.305, covering wiring methods and more. These violations include issues such as outlets or switches without covers, or improperly using flexible cords (such as extension cords) where permanent wiring should be used.
One of the most-cited paragraphs is 1910.305(b)(1)(ii) which says, “Unused openings in cabinets, boxes, and fittings shall be effectively closed.” For example, if a circuit breaker panel has an unused breaker space, it must be filled with a blank. It cannot be left open, and placing tape over the empty slot is not sufficient.
Another frequently-cited paragraph is (g)(2)(iii), which says: “Flexible cords and cables shall be connected to devices and fittings so that strain relief is provided that will prevent pull from being directly transmitted to joints or terminal screws.” OSHA uses this when saws or other equipment gets power through flexible cables coming from an electrical panel.
The Bureau of Labor Statistics lists more than 2,000 injuries from exposure to electricity each year and around 150 deaths per year. Neither of the above standards specifically requires training workers on electrical safety, but employers should provide training on properly using (and not improperly using) electrical equipment and tools. For related information, see our article, What is the difference between qualified and unqualified electrical workers?
Key to remember: Electrical hazards from exposed electrical lines and improperly using equipment could be mitigated by training employees.
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2025-11-14T06:00:00Z
NewsIndustry NewsSafety & HealthInjury and Illness RecordkeepingGeneral Industry SafetyIn-Depth ArticleUSAEnglishFocus AreaInjury and Illness Recordkeeping
Virtual conference offers OSHA injury recordkeeping scenarios
Employers often struggle to determine if a workplace injury must be recorded on the OSHA 300 Log. To help employers make these decisions, J. J. Keller & Associates, Inc. hosted a virtual conference titled, “Are these incidents recordable? You decide.” A recording of the event is available here.
The one-hour event began by outlining the criteria that determine whether an incident is work-related and recordable. The introduction also offered tips on filling out the 300 Log and completing the 300A Annual Summary.
The presenters then described several workplace incidents and asked attendees for feedback. Most scenarios involved whether the case would be work-related or recordable, but one involved how to record the case. After each scenario, the presenters offered variations to illustrate how minor changes in circumstances could affect the answer.
The five scenarios were as follows:
- An employee fell in the parking lot before work, went to a hospital for x-rays, but did not require treatment beyond first aid. Is this recordable?
- An employee walking across the parking lot after work is struck by another employee who is driving a personal vehicle, arriving for the next shift. The pedestrian gets admitted to the hospital and misses several days of work. Is this recordable?
- An employee briefly passes out at work and, upon waking, claims he’s on a special diet that causes low blood sugar and he sometimes passes out at home. Is this recordable?
- An employee was seriously injured in November and needed time off; he still hasn’t returned when the employer needs to prepare the 300A Annual Summary. What day count does the employer put on the 300A?
- An employee fractures an ankle while stepping on a broken pallet at work, then fails a post-incident drug test. Is this recordable?
Answers and variables
Along with the answers to the scenarios presented, the event described some variables that could change the outcome. In the same order above, the event covered the following:
- The injury to the employee who fell in the parking lot would be work-related but not recordable because there was no medical treatment. However, if the employee needed restrictions or missed a day of work, it would be recordable even if medical treatment was not needed.
- The injury to the pedestrian struck by a vehicle would not be work-related or recordable because it meets an exception at 1904.5(b)(2)(vii). However, if the pedestrian had been working (like cleaning up the parking lot) rather than starting a commute home, the incident would be work-related and recordable.
- The employee who passed out due to a special diet would not have a recordable loss of consciousness. This was a non-work condition that happened to occur at work under 1904.5(b)(2)(ii). Oddly, if the employee had passed out due to a phobia, like seeing a large spider at work, that would be work-related and recordable.
- For the employee injured in November and still away from work in January, the employer should estimate the number of days away, use that estimate to complete the 300A, and later update the 300 Log when the exact day count is known.
- The employee who fractured an ankle and failed a drug test did have a work-related and recordable injury, even if the employer believes the drug use contributed to the situation.
The event was presented by Edwin Zalewski and Joe Proulx. They also responded to many audience questions during the event.
Key to remember: Any event that occurs at work is presumed to be work-related for the OSHA 300 Log, unless an exception applies. Those exceptions are narrow and depend on the circumstances.
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2025-11-14T06:00:00Z
NewsHuman Resource ManagementHuman Resource ManagementRetirement Benefits401(k) Plans/Defined Contribution PlansRetirement BenefitsHR ManagementEnglishUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsEmployee BenefitsEmployee BenefitsBenefits communicationHR GeneralistDefined contribution plan403b PlansAssociate RelationsFocus AreaHuman Resources
New 2026 limits for 401(k) contributions announced
The U.S. Internal Revenue Service (IRS) on November 13 announced that the annual contribution limits for certain retirement plans will be higher in 2026.
The annual contribution limit for employees participating in what the IRS calls “qualified defined contribution” plans, such as 401(k) and 403(b) plans, will increase to $24,500. This is up from $23,500 in 2025. The IRS calls the $1,000 bump a “cost-of-living" adjustment.
The limit on total employer-plus-employee contributions to defined contribution plans will increase to $72,000 in 2026, up from $70,000 in 2025.
The catch-up contribution limit for employees aged 50 and older who are enrolled in qualified retirement plans will increase to $8,000 from $7,500. However, the super catch-up contribution provision in the SECURE 2.0 Act of 2022, which took effect in 2025, is still in effect. This allows those between the ages of 60 through 63 to contribute $11,250 instead of $8,000 in 2026, unchanged from last year. A catch-up contribution is an added amount that employees aged 50 or older can contribute to their plan beyond the standard annual contribution limit. This helps older workers “catch up” on retirement savings as they approach retirement age.
Employers should share this information with employees of all ages to help them plan financially for the upcoming year, and for the years ahead. This could be done at the same time other benefits information is communicated, since many employers are in the middle of their open enrollment periods. These new IRS limits could also be announced in separate employee communication methods, such as posting fliers around work or on the company intranet.
Key to remember: The IRS increased the amounts employees can contribute to retirement savings accounts in 2026. This information should be shared with employees to help them plan their financial futures.
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.