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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
2026-02-16T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Watchdog warning: OSHA faces ‘significant challenges’ in protecting workers
A new report from an oversight agency concludes that OSHA struggles to meet its mission, particularly in high-risk industries like healthcare, meat packing, construction, and manufacturing. OSHA’s main mission is to assure the safe and healthful working conditions for about 144 million workers employed at over 11.6 million workplaces across the country.
In a “Top Management and Performance Challenges” report just issued by the Department of Labor Office of Inspector General (OIG), several pages point to OSHA’s difficulties in:
- Effectively enforcing annual injury and illness reporting requirements at 29 CFR 1904.41,
- Reaching the nation’s high-risk worksites for inspection, and
- Addressing workplace violence by regulatory or other action.
Employer injury/illness reporting
OSHA has limited ability to focus inspection and compliance efforts where they’re most needed because it has not effectively enforced its mandatory injury and illness reporting requirements for employers, the report contends. In fact, a September 2023 OIG audit found that on average, between 2016 and 2020, nearly 60 percent of establishments in all industries failed to report their annual injury and illness data to OSHA.
The report went on to say that:
- OSHA could not identify if an establishment met the reporting criteria. This meant the agency could not effectively cite employers for non-compliance or proactively remind specific establishments that they must report.
- Employer under- and non-reporting produces an incomplete view of workplace injury and illness. This, in turn, makes it difficult for OSHA to identify high-risk establishments to target.
Since the 2023 report, OSHA’s Tracking rule took effect January 1, 2024, with an added reporting category — establishments with 100 or more employees in industries designated as very high-risk. These establishments must submit data from the Forms 300, 301, and 300A annually. OSHA explains that it has updated its data collection capabilities. This includes new applications to analyze individual case reports of establishment-specific data.
The Inspector General report urges OSHA to complete its initiatives to improve employer reporting of injuries and illnesses. Meanwhile, each year, OSHA publicly posts employer injury and illness data reported under 1904.41.
Fewer inspectors, fewer inspections
Reaching millions of worksites is an ongoing challenge because the number of federal inspectors is going down, not up, DOL OIG charges, citing 846 in February 2024 and 736 in June 2025. Along with its state partners, in 2026 OSHA will have approximately 1,720 inspectors, or about one inspector for every 84,000 employees. Inspector numbers may continue to decline due to retirements, resignations, and other reductions.
The Inspector General puts it bluntly, “A lack of available inspectors can lead to fewer inspections, diminished enforcement in high-risk industries and ultimately, greater risk of fatalities, injuries, or compromised health for workers.”
It should be stated that fiscal year (FY) 2026 appropriations were approved and signed into law on February 3, 2026. The latest funding is: $243,000,000 for federal enforcement and $120,000,000 for OSHA State-Plan states.
- These numbers are unchanged from FY 2025 for federal OSHA enforcement, but slightly higher for state plans. While the funding is not lower than previous years, inflation limits how far OSHA can go with its dollars. Unchanged funding doesn’t necessarily translate to keeping the same number of inspectors.
Workplace violence
Although fatalities due to workplace violence plummeted about 13 percent from 2022 to 2023, workplace violence remains a top five leading cause of employee death, according to OIG. OSHA doesn’t have a standard addressing this issue but has relied instead on the General Duty Clause (GDC) for enforcement since 1993.
The agency must consider actions to address and prevent workplace violence, the Inspector General stresses. Such actions may include a rulemaking. OIG announced plans to perform an audit to determine the effectiveness of the GDC in OSHA’s enforcement efforts, including workplace violence.
Last summer, OSHA slid its Workplace Violence in Health Care and Social Assistance proposed rulemaking to the long-term regulatory agenda items without explanation. Any upcoming OIG results showing the GDC is ineffective for workplace violence may pressure OSHA to issue a regulation and/or fast forward its existing proposal.
The latest OIG report is not the first time the watchdog has recommended OSHA do something about workplace violence. It was noted in a November 2023 report, and an entire September 2001 report was devoted to the issue. Additionally, a 2016 Government Accountability Office (GAO) report outlined “additional efforts” OSHA should take to protect healthcare workers from workplace violence.
Two workplace violence bills currently in Congress would call on OSHA to take action on the issue. See 9 OSHA bills to mandate gap-closing rules, wider coverage, steeper fines.
Key to remember: A recent OIG report addresses what it calls OSHA’s most pressing challenges — annual injury/illness reporting, fewer inspectors, and workplace violence — and what the agency must do going forward to meet them.
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RECENT INDUSTRY HIGHLIGHTS
2026-02-16T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyFocus AreaIn-Depth ArticleEnglishOSHA Violations and PenaltiesUSA
Speed over safety could mean criminal charges
Criminal charges for safety violations may be more common than you think and can result from taking short cuts to save time and ultimately, money. When thinking about workplace safety violations, one might envision inspections, potential citations, and a list of corrective actions. The reality is more sobering, however. Willful negligence, fatalities, and falsified records can escalate into criminal charges against companies, employers, or other individuals for serious safety lapses.
These cases, especially surrounding incidents that resulted in fatalities, highlight the legal risks that go beyond regulatory penalties. Accountability drives true safety, and when it’s ignored, the consequences are often severe.
How do criminal charges happen?
OSHA has a formal process for referring criminal charges enabling the Agency to escalate serious violations to the Department of Justice (DOJ) or other law enforcement agencies when appropriate or warranted. Though limited, OSHA’s criminal enforcement powers can be swift, serious, and life changing.
Here's how the process flows:
- OSHA identifies willful or fraudulent violations which typically include violations resulting in a fatality, providing false statements or fraudulent records, obstructing investigations, or having unlawful advance notice of an inspection.
- An internal review is coordinated between OSHA’s legal team, the Department of Labor (DOL), and the DOL Inspector General.
- A referral is made to the DOJ for criminal prosecution.
- The DOJ evaluates whether the evidence meets the criminal standard of proof beyond a reasonable doubt. If the evidence does meet the standard, the DOJ may pursue charges including willful violation causing death, obstruction of justice, conspiracy to commit fraud, etc.
- Individuals (e.g., company owners, managers, safety directors) are criminally prosecuted for anywhere from fines to up to 5 years in prison.
But it doesn’t happen that often, right?
Unfortunately, criminal convictions from workplace incidents happen more than many people realize. Here are just a few examples of cases that not only resulted in financial penalties but also lead to jail time for the individuals responsible.
- February 2025: A site supervisor at a New York residential construction project failed to take proper precautions during a 9-foot trench dig which resulted in a trench collapse and the death of a laborer. The supervisor pled guilty to one count of second-degree reckless endangerment which resulted in a sentence of 150 community service hours. The company was also cited by OSHA for willful and serious violations totaling $30,060.
- July 2022: A Connecticut contractor failed to provide legally required safeguards and ensure they were in place to prevent trench collapses. The failure contributed to the death of an employee who was buried when the 8-foot-deep trench caved in. The company owner and an equipment operator both entered guilty pleas to a second-degree manslaughter, and each received a two-year suspended sentence with two years of probation. The company was cited with over $375,000 in penalties.
- July 2021: A Colorado site manager was sentenced to 10 months in jail for negligent homicide and felony manslaughter after a trench collapsed at a construction site, resulting in a fatality. The site manager was found to have ignored safety warnings and failed to implement required trench protective systems while the employee was working on a water service line. The company was also cited over $90,000 in penalties.
- May 2017: A Wisconsin corn milling facility exploded, killing 5 workers and injuring several others. Ultimately, OSHA cited the company for more than 20 serious and willful violations and imposed $1.8 million in penalties. Just a few years later, six employees were indicted for conspiracy, making false statements, and fraud. The result was a sentence of 5 years’ probation, $10.25 million in victim restitution, and an additional $1 million fine. Several employees also pleaded guilty to criminal charges with two being convicted and one being acquitted.
- October 2016: Following the death of two workers in a flooded trench, a Massachusetts contractor owner was sentenced to two years’ imprisonment on each of two concurrent counts of manslaughter and three years of probation for witness intimidation (attempts to mislead OSHA during the investigation of the collapse). In addition to almost $1.5 million in OSHA citations, the court also fined the contractor $1,000 for each manslaughter count and $5,000 for witness intimidation, totaling $7,000.
- March 2016 : A Pennsylvania roofing company owner plead guilty to four counts of making false statements, one count of obstruction of justice, and one count of willfully violating an OSHA regulation causing death to an employee. The owner was sentenced to 10 months in prison after failing to provide fall protection equipment to employees and attempting to cover up the failure by falsely claiming the equipment, including safety harnesses, was provided for employees. In addition to the prison term, the owner was sentenced to one year of supervised release and was required to pay a $510 special assessment, on top of thousands of dollars in OSHA citations.
Key to remember: Workplace safety violations can lead to criminal charges more often than expected, especially when negligence results in serious harm or death. The growing number of cases underscores the importance of maintaining a strong safety culture and adhering to regulatory standards to protect lives and avoid prosecution.
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2026-02-16T06:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyTransportationHazardous Materials TableHazmatHazmat RecordkeepingHazardous materials tableFocus AreaEnglishHazardous substances - HazmatUSA
Proposed HM‑215R rule updates HMR with international standards
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued its proposed HM 215R rule to update the Hazardous Materials Regulations (HMR) and better align them with current international dangerous goods standards. Published on February 10, 2026, the proposal is open for public comment through April 13, 2026.
The rule is part of PHMSA’s ongoing effort to harmonize U.S. hazmat requirements with international regulations such as the UN Model Regulations, ICAO Technical Instructions, IMDG Code, and Transport Canada’s TDG Regulations. PHMSA states that alignment is intended to reduce regulatory differences, improve consistency across modes of transport, and support the safe and efficient movement of hazardous materials in international commerce.
The proposal includes a wide range of changes affecting hazard classification, proper shipping names, packaging, and modal requirements. Among the more significant updates are revisions to the Hazardous Materials Table, including the addition of new entries, removal of outdated listings, and updates to hazard classes and packing groups.
PHMSA also proposes new regulatory entries and requirements for emerging technologies and materials, such as sodium ion batteries, fire suppressant dispersing devices, and articles containing gallium. Updates to battery related provisions address air transport limitations, state of charge restrictions, and emergency response information for energy storage systems.
Other proposed changes include revised classifications for certain toxic substances, expanded limited quantity provisions for specific compressed gases, new organic peroxide formulations, and updates to the list of marine pollutants to reflect international revisions.
While PHMSA proposes to adopt many international updates, it does not plan to incorporate certain provisions it considers unnecessary or inconsistent with U.S. practices.
Stakeholders are encouraged to review the proposal and submit comments through the Department of Transportation’s docket system before the comment period closes.
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2026-02-16T06:00:00Z
NewsIndustry NewsHR GeneralistIn-Depth ArticleLabor Law PostersAssociate RelationsEnglishLabor Law PostersHR ManagementFocus AreaUSAHuman Resources
Changes coming to federal contractor minimum wage poster
For the past decade, companies with covered federal contracts have had to update their minimum wage rate and posters each year on January 1.
This year, those updates will take place on May 11 due to the timing of the rate increase notice published in the Federal Register by the Department of Labor (DOL).
Federal contractors covered by Executive Order (EO) 13658 will need to pay a minimum wage of $13.65 per hour and a tipped minimum wage of $9.55 per hour. Since January 1, 2025, the required rate has been $13.30 per hour and a tipped wage of $9.30 per hour.
Later update than usual
The EO 13658 minimum wage is adjusted annually for inflation, and a notice announcing the increase is typically published in the Federal Register around September 30.
This year the notice was published more than 3 months later than usual on February 9, pushing back the effective date of the rate increase.
Covered contractors
The increase applies to any contracts subject to the Davis-Bacon Act and the Service Contract Act that were entered into between January 1, 2015, and January 29, 2022, and not renewed or extended on or after January 30, 2022.
While the DOL notes that the number of contracts covered by EO 13658 has significantly decreased over the past several years, it anticipates that there are some existing contracts that remain subject to the executive order’s minimum wage requirements.
Executive Order 14026
Contracts signed after January 30, 2022, were covered by Executive Order 14026, which called for an initial minimum wage of $15 per hour that increased with inflation. In 2025, that rate was $17.75 per hour.
EO 14026 is no longer being enforced, however, as it was rescinded in March 2025 by another executive order, “Additional Rescissions of Harmful Executive Orders and Actions.”
Poster update
Covered contractors are required to post the Worker Rights Under Executive Order 13658 poster. The DOL indicates that a poster reflecting the new rate will be publicly available on the Wage and Hour Division website but has not said when it will be ready.
After the updated poster is released, covered contractors need to display the revised version showing the new rate.
Key to remember: Federal contractors covered by Executive Order (EO) 13658 will need to pay a minimum wage of $13.65 per hour and a tipped minimum wage of $9.55 per hour as of May 11. They will also need to display an updated minimum wage poster.
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2026-02-13T06:00:00Z
NewsClosuresIndustry NewsIndustry NewsWaste/HazWasteWasteEnvironmental Protection Agency (EPA)Waste ManagementEnvironmentalLand Disposal RestrictionsSolid WasteUSAEnglishFocus AreaWaste Reporting
EPA delays CCR management unit reporting, related requirements
The Environmental Protection Agency (EPA) issued a final rule that extends the deadlines for Facility Evaluation Reports (FERs) required for active and inactive coal combustion residuals (CCR) facilities. The final rule also delays compliance deadlines for related requirements that apply to CCR facilities with CCR management units (CCRMUs).
Who’s impacted?
The final rule applies to:
- Active CCR facilities, and
- Inactive CCR facilities with inactive surface impoundments (i.e., legacy CCR surface impoundments).
The 2024 Legacy Final Rule (40 CFR Part 257 Subpart D) requires active CCR facilities and legacy CCR surface impoundments to submit FER Part 1 and FER Part 2, identifying any CCRMUs of 1 ton or more on-site. CCRMUs include previously unregulated CCR surface impoundments and landfills that closed before October 19, 2015, as well as inactive CCR landfills.
Additionally, the 2024 Legacy Final Rule requires facilities with CCRMUs to:
- Establish a website to publicize the facility’s CCR information;
- Conduct groundwater monitoring activities (specifically, install a groundwater monitoring system, develop a sampling and analysis plan, collect independent samples, and perform detection and assessment monitoring);
- Submit the initial annual groundwater monitoring and corrective action (GWMCA) report; and
- Comply with closure and post-closure care obligations.
What are the changes?
EPA’s final rule extends compliance deadlines for the following standards:
| Compliance requirement(s) | 2024 Legacy Final Rule deadline | 2026 final rule new deadline |
|---|---|---|
| Establish CCR website | February 9, 2026 | February 9, 2027 |
| Submit FER Part 1 | February 9, 2026 | February 9, 2027 |
| Submit FER Part 2 | February 8, 2027 | February 8, 2028 |
| Install groundwater monitoring system | May 8, 2028 | February 10, 2031 |
| Develop groundwater sampling and analysis program | May 8, 2028 | February 10, 2031 |
| May 8, 2028 | February 10, 2031 |
| Submit initial GWMCA report | January 31, 2029 | January 31, 2032 |
| Submit closure plan | November 8, 2028 | August 11, 2031 |
| Submit post-closure care plan | November 8, 2028 | August 11, 2031 |
| Initiate closure | May 8, 2029 | February 9, 2032 |
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2026-02-13T06:00:00Z
NewsGreenhouse GasesIndustry NewsIndustry NewsEnvironmental Protection Agency (EPA)Mobile Emission SourcesCAA ComplianceEnvironmentalFocus AreaEnglishAir ProgramsUSA
EPA reverses Endangerment Finding, scraps GHG emission standards for vehicles
The Environmental Protection Agency (EPA) announced a final rule on February 12, 2026, to rescind the 2009 Endangerment Finding and repeal all federal greenhouse gas (GHG) emission standards for:
- On-highway light-, medium-, and heavy-duty vehicles; and
- On-highway heavy-duty vehicle engines.
The final rule applies to all vehicles and engines of model years 2012 to 2027 and beyond.
What are the changes?
EPA’s administrator has signed the final rule, but the rule has not yet been published in the Federal Register. When the final rule takes effect, manufacturers (including importers) of new motor vehicles and motor vehicle engines will no longer have to measure, report, certify, or comply with federal GHG emission standards. The final rule removes all GHG emission regulations in 40 CFR:
- Parts 85, 86, and 600 (light- and medium-duty vehicles);
- Part 1036 (heavy-duty vehicle engines); and
- Part 1037 (heavy-duty vehicles).
The final rule also eliminates:
- All off-cycle credits for the addition of certain technological features (e.g., high-efficiency exterior lighting, waste heat recovery, and active seat ventilation); and
- EPA’s incentives for manufacturers to add a start-stop system (which automatically shuts off a vehicle’s engine during idling).
What doesn’t change?
EPA’s following regulations remain in effect for new motor vehicles and vehicle engines:
- Criteria pollutant and air toxic measurement and standards,
- Corporate Average Fuel Economy testing, and
- Associated fuel economy labeling requirements.
About the 2009 Endangerment Finding
In 2009, EPA issued two findings: the Endangerment Finding and the Cause or Contribute Finding. Collectively, these findings are referred to as the 2009 Endangerment Finding. The agency used the 2009 Endangerment Finding as the legal basis to regulate GHG emissions from new motor vehicles and vehicle engines under Section 202(a) of the Clean Air Act.
EPA regulated GHG emissions from new motor vehicles and vehicle engines through:
- Emission standards and related requirements, and
- Engine and vehicle certification requirements.
However, upon reconsideration, EPA stated that it no longer believes it has the statutory authority under Section 202(a) of the Clean Air Act to regulate GHG emissions from new motor vehicles and vehicle engines. Therefore, the agency has simultaneously rescinded the 2009 Endangerment Finding and repealed the related federal GHG emission regulations.
Key to remember: EPA announced a final rule eliminating the 2009 Endangerment Finding and the related GHG emission requirements for on-highway vehicles and vehicle engines.
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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.