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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.
FEATURED NEWS
2025-07-03T05:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
PHMSA's rulemaking roundup Part 2
Welcome back to our three-part series on PHMSA’s July 2025 proposed rulemakings. In Part 1, we looked at how PHMSA is cutting red tape for shippers, farmers, and tradespeople. Now in Part 2, we’re looking into another set of proposals, this time focused on special permits.
Let’s take a look these proposals.
1. HM-268F – Keep using safe packaging, even after the permit expires
Under current regulations, if a company uses packaging authorized under a special permit (SP) and that permit expires or isn’t renewed, the packaging is technically unauthorized, even if it’s still perfectly safe and compliant with the original terms. PHMSA’s proposed rule would change that by allowing continued use of such packaging for the remainder of its usable life, if it still meets the conditions of the original SP. This means that if a manufacturer goes out of business or chooses not to renew a permit, the packaging already in circulation can still be used.
2. HM-268G – Easier renewals for special permits and approvals
Right now, companies must apply to renew a special permit or approval at least 60 days before it expires. That made sense back when everything was done by mail, but in today’s digital world, it’s an outdated requirement. PHMSA is proposing to modernize this process by allowing companies to apply for renewals at any time before the expiration date. This change reflects how electronic systems work today and gives businesses more flexibility to manage their compliance timelines.
3. HM-268L – Unloading drums and IBCs without removing them from vehicles
For years, companies have relied on special permits to unload certain hazardous liquids from drums and intermediate bulk containers (IBCs) without removing them from the vehicle. PHMSA now wants to make this practice a permanent part of the HMR. The proposed rule would adopt the provisions of two long-standing special permits, SP 11646 and SP 12412, into the regulations. It would allow unloading of specific Class 3, 6.1, 8, and 9 liquids directly from drums and IBCs while they remain on the vehicle, provided strict safety conditions are met.
4. HM-268M & HM-268N – Refrigerating machines with flammable gases
As part of the transition to more environmentally friendly refrigerants, many modern refrigerators and air conditioners now use low-global-warming gases that are also flammable. PHMSA is proposing two updates to accommodate this shift. The first, HM-268M, would allow small appliances like household refrigerators and window-mounted air conditioners to be shipped by land with up to 20 kilograms of flammable gas, without needing a special permit. The second, HM-268N, extends similar flexibility to large refrigerating machines, allowing up to 5,000 pounds of low-flammability gas under specific safety and labeling conditions.
5. HM-268O – Longer requalification periods for gas cylinders
Gas cylinders used for transporting flammable and non-flammable gases typically need to be requalified every five years. But thanks to advances in ultrasonic examination (UE) technology, PHMSA is proposing to extend that interval to ten years for certain cylinders. The rule would adopt special permit 14175, which allows for a 10-year requalification period using UE for DOT 3A and 3AA cylinders. This method is not only more accurate but also less invasive, as it doesn’t require draining the cylinder or removing valves.
Key to remember: This set of proposals focused on incorporating long-standing special permits into the HMR. Stay tuned for Part 3 of PHMSA’s rulemaking roundup.
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RECENT INDUSTRY HIGHLIGHTS
2025-07-03T05:00:00Z
NewsAir QualityIndustry NewsCAA ComplianceEnvironmentalIn-Depth ArticleFocus AreaEnglishAir ProgramsUSA
Navigating air quality rules: What businesses need to know about PM2.5 changes
The Environmental Protection Agency (EPA) updated air quality rules for fine particle pollution (PM2.5), reducing the annual standard from 12.0 to 9.0 micrograms per cubic meter. The rule change was announced on February 7, 2024 and was published as a final rule in the Federal Register on March 6, 2024. The change was based on research linking PM2.5 to health problems like heart disease and early death.
Within one year of the final rule (February 7, 2025), governors from each state were required to submit area designation recommendations (attainment, nonattainment, or unclassifiable) to EPA. By February of 2026 (at the latest) EPA is expected to issue final area designations based on State recommendations, air quality data, and other factors.
There is a caveat that on March 12, 2025, EPA announced that the agency will reconsider the rule that tightened the standard from 12.0 to 9.0 micrograms per cubic meter by reviewing implementation concerns and getting stakeholder feedback, but as of this writing, the tighter standard is still in place.
If your business is in one of the areas that will be newly listed as nonattainment for PM2.5, you will face new rules designed to improve air quality. Understanding these changes will help you stay compliant and keep operations running smoothly.
Check out this explanation of nonattainment on Compliance Network's Environmental Institute.
Who will be affected?
The stricter PM2.5 rule will impact many industries, particularly those that emit a lot of fine particle pollution. Some of the most affected sectors include:
- Manufacturing & Heavy Industry – Factories making steel, cement, or chemicals may need stronger pollution controls.
- Power Generation – Coal and gas power plants may have tighter limits, requiring better filtration systems.
- Transportation & Logistics – Ports, rail yards, and trucking centers could have new rules reducing diesel pollution.
- Construction & Mining – Dust and particles from digging, moving materials, and using equipment may need stricter control.
- Agriculture – Large farms, especially those handling animals or grain, may need better dust control.
- Oil & Gas – Refineries and drilling sites may face tougher rules on pollution from burning fuel.
These industries may see higher costs, stricter permits, and changes to operations to meet the new standards.
Tougher pollution limits
Businesses in nonattainment areas must follow stricter PM2.5 rules. This may mean updating operations or investing in better pollution control technology. The goal is to reduce fine particle emissions that harm air quality and health.
New permit rules
Businesses expanding or changing operations that increase PM2.5 pollution may need new permits. These permits show compliance with tighter pollution limits.
State rules may change
States with nonattainment areas must update their air quality plans. This could mean new industry rules, such as lowering emissions, increasing monitoring, or changing reporting requirements.
Increased monitoring & reporting
Expect closer tracking of your business’ pollution levels, including real-time monitoring and more frequent reports. Compliance checks may be stricter in nonattainment areas.
Offsetting pollution
If a business increases PM2.5 pollution, it may need to offset that by reducing pollution somewhere else in the same area. This ensures the total pollution level does not rise.
Costs & economic effects
Businesses in nonattainment areas may see higher costs due to stricter rules. Local governments might offer rewards or fines to encourage pollution reductions. Companies may need to find cost-effective ways to lower their PM2.5 levels while staying efficient.
How to prepare
- Review your business’ pollution levels and find ways to lower them.
- Stay updated on new local and federal rules.
- Work with state agencies to understand new compliance expectations.
- Invest in cleaner technology to stay ahead of regulations.
Key to Remember: By having a plan for the possibility of nonattainment now, your business can adjust to the new PM2.5 rules while helping improve air quality and public health.
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2025-07-03T05:00:00Z
NewsIndustry NewsIndustry NewsHuman Resource ManagementHuman Resource ManagementEmployee RelationsHR GeneralistEmployee RelationsUSAHR ManagementEnglishFocus AreaHuman Resources
HR leaders should make it personal, Biden says
Having been what he equates to the nation’s “chief people officer” as the president of the United States, President Joe Biden thanked a room packed with human resources professionals for their work. Biden stressed that a core aspect of leadership is valuing human connection.
“It’s about getting personal, it’s about connecting,” he said on July 2 at the Society for Human Resources Management (SHRM) annual conference. “It means having empathy.”
Sharing credit, giving recognition, and getting to know the people who work for you, Biden said are keystones of leadership as he shared lessons learned from colleagues, constituents, and family members.
His father stressed that a job is about dignity and respect, Biden recalled. “Everything my dad did conveyed to me that everybody deserves to be treated with dignity,” Biden said.
Emphasizing that leaders also need to understand the importance of family, he noted that he expected staff members to attend to critical family matters. The smaller moments are important as well, he said, recalling the time he commuted home two hours by train to watch his then 8-year-old daughter blow out the candles on her birthday cake.
“I knew it was important to show up,” he said. “It mattered to me. I mattered to my family.”
When he was reeling from the loss of his wife and daughter shortly after he was first elected to Congress, colleagues and family members were there to support him. He noted that when employees do not have a strong support system in place, the job of making sure an employee gets needed help falls on human resources professionals.
“They’re coming to you,” he said.
Recalling that he received his first nomination as a Senate candidate because no one else wanted to run, and he was expected to lose, he advised HR professionals to be brave.
“What’s so important to you that you’d rather lose than not do it?” he said. “Be brave when bravery is called for. That’s the kind of leadership we need now.”
The best leadership advice he ever received came from his father, Biden noted: “Be a man of your word.”
Key to remember: Leadership means treating others with respect and dignity, as well as keeping in mind the importance of family, President Joe Biden advises human resources professionals.
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2025-07-02T05:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
PHMSA's rulemaking roundup Part 1
Welcome to Part 1 of our three-part series exploring the July 2025 proposed rulemakings from the Pipeline and Hazardous Materials Safety Administration (PHMSA). In this first installment, we're diving into six proposals that are geared to simplify hazmat shipping, reduce paperwork, and give businesses, from farmers to freight carriers, more flexibility without compromising safety.
These changes are all about modernizing the regulations to reflect how people actually work today. Whether you’re shipping aerosols, hauling lithium batteries, or just trying to avoid unnecessary training requirements, there’s something here for you.
Let's take a look at what’s on the table.
1. HM-268A – Redefining aerosols for the real world
PHMSA is proposing to update the definition of "aerosol" to align with international standards, which currently allow aerosols to contain only gas. Under the existing Hazardous Materials Regulations (HMR), aerosols must include a gas that expels a liquid, paste, or powder. PHMSA's proposed change would eliminate the need for special permits for gas-only aerosols, simplify international shipping, and reduce costs and confusion for manufacturers and shippers.
2. HM-268B – Smarter marking for limited quantities
If you're shipping small amounts of hazardous materials, you're likely using the "limited quantity" exception, but the marking size can be inconvenient, especially for small packages. To make things easier, PHMSA proposes allowing a reduced-size limited quantity marking (25 mm x 25 mm) and permitting shippers to include this mark directly on the shipping label.
3. HM-268C – Helping tradespeople haul more batteries
Trades such as landscaping, construction, and food service often depend on lithium battery-powered tools, but current materials of trade regulations restrict the number of batteries they can transport. To address this, PHMSA proposes allowing up to 30 kg per battery and 500 kg per vehicle, removing limits for batteries contained in equipment, and requiring basic safety precautions, such as measures to prevent short circuits.
4. HM-268D – Going digital with emergency response info
Currently, carriers transporting hazardous materials are required to carry printed emergency response information (ERI). However, PHMSA is proposing a change that would allow carriers to store and present ERI electronically, such as on a tablet or smartphone.
5. HM-268J – Updating training exceptions for farmers
Farmers who transport hazardous materials are currently required to complete in-depth security training unless their annual income is less than $500,000, a threshold that has remained unchanged since 2005. To reflect inflation, PHMSA is proposing to raise the exemption limit to $825,000.
6. HM-268E – Removing redundant hazardous substance lists
PHMSA currently maintains its own list of hazardous substances, even though the Environmental Protection Agency (EPA) already has an established list. To streamline regulations and reduce redundancy, PHMSA proposes removing its own list, Appendix A to §172.101, and instead referring directly to the EPA’s list found at 40 CFR 302.4.
Key to remember: These six proposals will help make transporting hazmat more efficient, less confusing, and more aligned with how businesses operate today. Stay tuned for Part 2, where we’ll explore more proposed changes.
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2025-07-02T05:00:00Z
NewsIndustry NewsIndustry NewsHuman ResourcesAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Focus AreaFamily and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementDisabilities and ADADisabilities and ADAUSA
Employee gave third party (not employer) RTW date – lost in court
In June 2021, Ibrahim asked for leave under the federal Family and Medical Leave Act (FMLA) to undergo therapy and have surgery for a shoulder injury.
The employer used a third party to administer FMLA leave. The third party reviewed claims and relevant data, made determinations, and conducted ongoing evaluations regarding an employee’s return to work.
In addition to FMLA leave, the company also allowed employees to take an additional 90 days of unpaid time off each calendar year.
Ibrahim sent a doctor’s note to Nicolo, his supervisor, for his June 2021 leave. The note, however, did not state a start and end date for the leave. Nicolo requested an additional doctor’s note with those dates. A second note, sent on June 17, said that Ibrahim could return to work on December 21.
In October 2021, however, Ibrahim sent Nicolo a new doctor’s note with a projected return date of February 2022.
After the 12 weeks of FMLA leave expired, the company gave Ibrahim two 90-day periods of unprotected and unpaid leave until March 2022. Such additional time off can be seen as a reasonable accommodation under the federal Americans with Disabilities Act.
In January 2022, Kristine, the HR Generalist, sent Ibrahim a letter asking when he would return to work. He responded that he intended to return to work and had already provided the doctor’s note with a return date.
In February 2022, however, Ibrahim was diagnosed with tinnitus. He informed Nicolo and Kristine that he was unable to return and didn’t give them an updated return date. Kristine again asked for information regarding his ability to return to work. She also requested medical documentation and inquired about alternative accommodations to help Ibrahim return to work.
After determining that Ibrahim had used up all available leave and still couldn’t return to work, the employer fired him, and he sued.
In court, the question was whether the employer failed to give Ibrahim ADA reasonable accommodations. The court ruled that the employer didn’t fail to do so. The employer gave Ibrahim:
- 12 weeks of FMLA leave,
- 2 additional unpaid leaves of absence, and
- An offer for job reassignment.
These exceeded the employer’s obligations.
Ibrahim, however, argued that he should have gotten more time off per his February 2022 message. The problem was that, as far as the employer knew, the request was for indefinite leave, which, per se, is not a reasonable accommodation.
While Ibrahim gave the third-party administrator a return date, he didn’t give one to the employer. The employer didn’t have access to the third-party administrator’s records, and never learned of the return date sent there. The employer, therefore, could not have unlawfully denied a request that they never received.
Mawari v. Constellis, LLC, et al, Northern District of California, No. 3:23-cv-06029, May 29, 2025
Key to remember: Unlimited leave is not a reasonable accommodation. If employers never receive a return date, they are not liable for not providing additional leave.
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2025-07-01T05:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyOccupational Safety and Health Administration (OSHA), DOLEnglishFocus AreaUSA
Flurry of activity in the OSHA world: Agency publishes final rule, multiple proposed rules
In response to Executive Orders, OSHA published 25 proposed rules and one final rule in the Federal Register on July 1. Stakeholders have until September 2 to comment on the proposed rules, and in some instances, OSHA seeks input on specific questions pertaining to the rule.
The agency’s lone final rule, effective July 1, removes the requirement for the Assistant Secretary of OSHA to consult with the Advisory Committee on Construction Safety and Health (ACCSH) when formulating rules to promulgate, modify, or revoke standards applicable to construction work. It also revokes 1912.3, the general regulations governing ACCSH.
Additionally, OSHA is withdrawing its proposal to amend the OSHA 300 Log by adding a column that employers would use to record work-related musculoskeletal disorders. This does not change any employer’s obligation to complete and retain occupational injury and illness records under OSHA’s regulations.
| Proposed action | Affected regulation |
| Remove some medical evaluation requirements for the use of medical evaluations for filtering facepiece respirators and loose-fitting powered air-purifying respirators. | • Respiratory protection, 1910.134 |
| Revise some substance-specific respirator requirements to allow different types of respirators to be used. | • 1,2-Dibromo-3-Chloropropane, 1910.1044 • 1,3-Butadiene, 1910.1051 • Asbestos, 1910.1001, 1915.1001, 1926.1101 • Benzene, 1910.1028 • Cadmium, 1910.1027, 1926.1127 • Coke oven emissions, 1910.1029 • Cotton dust, 1910.1043 • Ethylene oxide, 1910.1047 • Inorganic arsenic, 1910.1018 • Lead, 1910.1025, 1926.62 • Methylene chloride, 1910.1052 • Methylenedianiline, 1910.1050, 1926.60 |
| Remove duplicative language related to respiratory protection. | • Acrylonitrile, 1910.1045 • Formaldehyde, 1910.1048 • Vinyl chloride, 1910.1017 |
| Revise respirator requirements; clarify policies and procedures for implementing a respiratory protection program. | • 13 Carcinogens, 1910.1003 |
| Remove entire regulation. | • Construction illumination, 1926.26, 1926.56 • House falls in marine terminals, 1917.41 • Occupational exposure to COVID-19 in healthcare settings, 1910 Subpart U • COVID-19, 1915.1501, 1917.31, 1918 Subpart K, 1926.58, 1928.21(a)(8) • Open fire in marine terminals, 1917.21 • Safety color code for marking physical hazards, 1910.144, 1910.262(c)(8), 1910.265(c)(11), 1915.90 • Recission of coordinated enforcement regulations, 29 CFR Part 42 |
| Add a regulatory section clarifying OSHA’s interpretation of the General Duty Clause to exclude from enforcement known hazards that are inherent and inseparable from the core nature of a professional activity or performance, such as animal handling, motor sports, and combat simulation training. | • 1975.7, Application of the General Duty Clause to inherently risky professional activities |
| Final action | Affected regulations |
| Revoke 1911.10, which requires the Assistant Secretary for Occupational Safety and Health (Assistant Secretary), who heads OSHA, to consult with the Advisory Committee on Construction Safety and Health (ACCSH) in the formulation of rules to promulgate, modify, or revoke standards applicable to construction work, and 1912.3, the general regulations governing ACCSH. Revise corresponding sections in 1911 and 1912. | • 1911.10, Construction standards • 1911.15, Nature of hearing • 1912.3, Advisory committee on construction safety and health • 1912.8, Committee charters • 1912.9, Representation on section 7(b) committees |
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