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2026-05-13T05:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
A close look at PHMSA's plans for class 9
If you’ve spent any time working with hazmat regulations, you know Class 9 has always been a bit of a mixed bag. It covers a wide range of materials, from lithium batteries and dry ice to environmentally hazardous substances and safety devices. At this year’s Council on Safe Transportation of Hazardous Articles (COSTHA) conference, PHMSA made it clear they think that grouping has run its course.
During their briefing, PHMSA shared early details on an idea they have been developing internationally. The proposal would keep Class 9 intact but divide it into four clearer subdivisions. Their goal is to improve hazard communication and create a system that better reflects real risks during transportation.
Pushing for change
PHMSA first raised the idea of dividing Class 9 during the 66th and 67th UN Sub-Committee of Experts on the Transport of Dangerous Goods meetings in mid and late 2025. According to PHMSA, the initial response from other countries was positive. That feedback encouraged them to continue developing the concept and bring a more defined proposal to the UN session planned for June 2026.
The main issue is that Class 9 covers too many unrelated hazards under a single label. While that flexibility has worked historically, PHMSA sees an opportunity to add structure without completely overhauling the system or creating unnecessary burdens for shippers.
Four proposed subdivisions
PHMSA outlined four subdivisions that would sit under the existing Class 9 umbrella. Each one groups materials with similar risk characteristics.
Division 9.1: Environmentally hazardous materials These materials already rely on established criteria, including marine pollutant concepts. PHMSA emphasized that this subdivision would build on existing systems and could potentially integrate environmental hazard information into the current Class 9 label, rather than creating something entirely new.
Division 9.2: Energy storage devices This subdivision would be dedicated to items like lithium batteries and other energy storage technologies. The intent is to improve hazard awareness and allow flexibility as technology changes over time.
Division 9.3: Low hazard energetics This category would organize materials with energetic properties that do not rise to the level of other hazard classes. PHMSA described this as a way to better recognize existing Class 9 assignments while allowing room for future criteria development.
Division 9.4: Other miscellaneous dangerous goods This final group would capture all remaining Class 9 materials that do not fit into the other subdivisions. PHMSA indicated no major changes are expected for this category.
What this means going forward
At this stage, the subdivision of Class 9 is still a concept, not a regulation. With that said, the fact that PHMSA has already raised it at multiple UN meetings and plans to continue the discussion in 2026 signals that this idea has momentum.
For shippers, carriers, and compliance professionals, this is worth watching. Breaking Class 9 into subdivisions could eventually affect labeling, training, and how hazards are communicated across all modes of transportation. Even if changes are still years away, understanding where regulators are heading helps organizations avoid being caught off guard.
Key to remember: Class 9 has always been a necessary catch-all. PHMSA’s proposal suggests the future of hazmat classification may focus less on convenience and more on clearly communicating risk.
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RECENT INDUSTRY HIGHLIGHTS
2026-05-13T05:00:00Z
NewsIn-Depth ArticleEnglishHeat StressIndustry NewsHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyExtreme Temperature PreparationHeat and Cold ExposureMine SafetyFocus AreaUSA
How does wet-bulb globe temperature work?
As you prepare for heat injury and illness prevention regulations, are you leaning toward Heat Index simply because you don’t understand WetBulb Globe Temperature (WBGT)? Don’t sweat it! We will cool your anxiety as you read on.
What is WBGT?
Developed by the US military in the 1950s to prevent heat-related deaths in training camps, WBGT is a measure of the heat stress in direct sunlight. It takes into account more than just temperature, including considerations for humidity, wind speed, cloud cover, and even sun angle.
The Heat Index, on the other hand, considers only temperature and humidity for shady areas. So, if employees are working in direct sunlight, the WBGT may be the better way to monitor.
How does WBGT work?
WBGT calculates three key measurements into one equation:
- Air temperature – measured with a standard outdoor thermometer to show the actual temperature of the air. This gives a baseline for how hot the environment is without the effects of humidity, wind, or radiant heat (sunlight).
- Natural wet bulb temperature – measured using a thermometer wrapped in a wet cloth to simulate the cooling effect of evaporating sweat. Readings can be strongly influenced by wind and humidity, and because the thermometer is exposed to sunlight, it also reflects solar heat.
- Black globe temperature – measured with a thermometer inside a black globe to represent how hot human skin and clothing “feels” in direct sunlight. Readings are of radiant heat that air temperature alone wouldn’t capture.
In layman’s terms, as the water evaporates from the wet, wrapped bulb, the bulb is cooled which pushes the wet-bulb temperature down. Added air moisture (humidity) means less water evaporates and cooling is not as effective. This means the WBGT is high.
Mathematically, here’s how the measurements are used to calculate WBGT:
WBGT = (10% × Air Temp) + (70% × Wet Bulb Temp) + (20% × Black Globe Temp)
For a simplified example, if the air temperature is measured at 80°F, the relative humidity is 80%, and the globe temperature is 80°F, the WBGT would be calculated as follows:
WBGT = (0.1 × 80) + (0.7 × 80) + (0.2 × 80)
= 8 + 56 + 16
= 80°F
This result is a WBGT of 80°F which is a relatively high level of heat stress.
To put this into perspective, studies show that a WBGT of around 87.5°F is nearing the maximum temperature that a healthy worker can handle. Though the number seems palatable, this level of heat with humidity can be stifling and deadly.
OSHA’s proposed Heat Rule update
OSHA held an informal public hearing over multiple days in June and July 2025, concluding on July 2nd. A final ruling has not yet been published to the Federal Register. OSHA’s Rulemaking Process can take between 24 and 60 months to review feedback, analyze the record, and develop a final rule.
In the meantime, employers should comply with their State plan state requirements or OSHA’s National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards. The federal NEP was recently revised and became effective April 10, 2026, with updates including the removal of outdated background information, reorganization of appendices information and citation guidance, and the addition of inspection triggers.
Key to remember: The weighted approach of WBGT factors in temperature, direct sunlight, humidity, wind, and cloud cover, all of which have an impact on the body’s ability to cool itself.
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2026-05-13T05:00:00Z
NewsIndustry NewsTerminationHR GeneralistFinal PaychecksFocus AreaIn-Depth ArticleUSAWrongful TerminationEnglishTerminationHR ManagementAssociate RelationsHuman Resources
Well-written termination letters are key to seamless separations
Breaking up is hard to do (so the song goes), and for an employer breaking up with an employee, one necessity that makes the split challenging is writing the termination letter. While generally not required, a termination letter, sometimes called a separation notice, contains important details surrounding an employee’s dismissal. It serves as both formal notice to the employee and the official documentation for the employer that an employee has been let go by the organization.
To help make the creation of this important document go more smoothly next time, here are 10 things that should be included in the letter and a list of mistakes to avoid.
10 key items for every termination letter
- Basic information. Include the employee’s full name and job title, as well as the employer name and department or work location. This prevents confusion and supports accurate recordkeeping.
- The exact date (and time, if relevant) that employment ends. This will trigger final pay, benefits, and COBRA coverage timelines.
- A simple, direct statement that employment is ending. This will usually indicate whether the termination is voluntary or involuntary. For an involuntary termination, the letter would say something like, “This letter is to inform you that your employment with ABC Company will end effective May 15, 2026.” For a voluntary quit, the letter will usually just confirm the date supplied by the employee in their resignation letter, email, or verbal notice.
- Reason for termination. This is optional, but if it’s included, keep it brief, factual, and consistent with prior documentation. For example, you could write something like: “You are being terminated for violating company policy ‘XYZ’ on Monday.” It’s helpful if you can reference a policy.
- Final pay information. Explain when and how final wages will be paid (i.e., final paycheck) and what will happen with any accrued, unused paid time off (PTO). State law or company policy might require accrued PTO to be paid out. Occasionally, final paychecks are due right at termination. Check to see which laws might apply.
- Benefits and COBRA information. Include the dates when benefits (health, dental, vision, etc.) will end, and a statement that COBRA or state continuation information will follow (or is enclosed). You don’t need to fully explain COBRA in the letter. If the employee has dependents (e.g., spouse) on their company insurance, be sure to send a COBRA notice to them, as well.
- Return of company property. List all items that must be returned to the company, such as keys, badges, laptop, phone, credit cards, documents, etc. Include the deadline and instructions for returning items.
- Reminder of post-employment obligations. This would include any confidentiality agreements or any applicable and lawful non-solicitation or non-competition agreements. Simply reference the applicable agreement(s) rather than recreating it in the letter.
- Where to go for further information. This might be the name, title, and contact information for anyone who can answer HR, payroll, or benefits questions.
- Closing. Include a professional closing in a neutral, respectful tone, followed by the signature of an authorized company representative.
Common mistakes to avoid in a termination letter
- Over-explaining the reason for the termination. Detailed explanations increase the risk of inconsistencies with prior documentation and provide employees (or their attorneys) with additional material to challenge the employer’s stated rationale.
- Using emotional or judgmental language. Don’t express anger, frustration, or disappointment. Inflammatory wording can undermine professionalism, make the employer appear biased or retaliatory, and escalate conflict or litigation risk.
- Drawing legal conclusions. Legal conclusions (e.g., “misconduct,” “harassment,” “illegal behavior”) may be inaccurate, invite dispute, or be interpreted as defamatory if not proven through a formal investigative process. Stick to factual statements or policy references.
- Promising or implying future employment. Avoid language suggesting reinstatement or guaranteed rehire eligibility. This may unintentionally create expectations or contract disputes if the employer later changes position.
- Contradicting prior documentation. Inconsistencies between the termination letter and performance reviews, warnings, or emails can weaken an employer’s credibility.
- Mentioning protected characteristics or activities. References to age, health, leave, complaints, or accommodations, even indirectly, can support claims of discrimination or retaliation under federal or state law.
- Forgetting state law requirements. Failure to comply with state‑specific rules on final pay, PTO payout, or benefit notices can result in penalties, wage claims, or automatic liability even when the termination itself is lawful.
Key to remember: A thoughtful, professionally written termination letter should be short, neutral, consistent, and defensible.
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2026-05-13T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
Employer put employee on a PIP right after FMLA leave, and won
Keith started working for the company in 2019. After learning that Keith had an associate’s degree in applied sciences, the employer approached him about joining a mentorship program and applying for a manufacturing engineer (“ME”) position. Keith applied for and got the position in February 2021 and began his training.
Unfortunately, the training didn’t go as planned. Keith and his trainer didn’t get along.
In late May, Keith requested and took about 2.5 weeks of leave under the federal Family and Medical Leave Act (FMLA) for anxiety and depression. When he returned, he had a new trainer. Several weeks later, Keith asked for and took about another 2 weeks of FMLA leave.
When Keith returned to work, the company placed him on a performance improvement plan (PIP). When Keith still didn’t meet the requirements, the employer extended the PIP.
The employer was concerned that, after nearly 7 months of training and working with three different trainers, Keith didn’t understand the work process. The company determined that, because of his inability to learn the job, it decided to terminate Keith.
Keith brought a retaliation claim under the FMLA when the employer put him on a PIP after returning to work.
In court, the employer argued that it placed Keith on the PIP and later fired him for a legitimate, non-discriminatory, and non-retaliatory reason: poor job performance.
Keith countered that the employer’s argument of the PIP and termination for poor performance was pretext; that the metrics the employer used to assess his performance were “broad, vague, and subjective in nature” and couldn’t be used “to evaluate his performance fairly.”
The court disagreed with Keith. It held that he failed to show that the employer’s reasoning was retaliatory. It also held that Keith didn’t have enough evidence that would allow a reasonable jury to conclude that he was placed on the PIP and later terminated because he exercised his FMLA rights.
Cooper v. Airbus Americas, Inc., 11th Circuit Court of Appeals, No. 25-10378, March 27, 2026.
Key to remember: Placing an employee on a PIP right after FMLA leave can be tricky, but having substantial documented evidence can help employers prevail.
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2026-05-12T05:00:00Z
NewsIndustry NewsInternational Registration Plan (IRP)Temporary trip permitsFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationRegistration and Permits - Motor CarrierUSA
Your cab card is not one size fits all (states)
If you’ve ever looked closely at your apportioned cab card, you may have noticed that not every state lists the same maximum weight. One jurisdiction might show 90,000 pounds, another 80,000, and others even lower. Is that a mistake? Usually not. But understanding what those numbers mean can help you avoid tickets, out-of-service orders, and audit headaches.
Why weights vary by state
Under the International Registration Plan (IRP), carriers register vehicles at declared weights for each participating jurisdiction. The weight shown for each state reflects what you paid to operate in that jurisdiction. It’s not a blanket authorization to run that weight everywhere.
Several factors drive the differences:
- State maximums: States allow defined maximum weights on their roads, and they’re not necessarily the same as what neighboring states allow.
- Axle and configuration limits: Some states may allow heavier weights with specific axle spacing or configurations.
- The registration weight you declared (and paid for): If you only declared 80,000 pounds for a particular state to reduce your registration fees, that’s the limit the cab card will show, even if the state allows more. Carriers often declare lower weights in some states to reduce IRP fees.
- Permits vs. registration: Higher weights often require overweight permits, which do not appear on the cab card.
What enforcement looks at
At roadside, enforcement is less concerned with why weights differ and more concerned with three things:
- Are you operating within your registered weight for that state? If your cab card says 80,000 for that jurisdiction, running heavier without a valid permit is a violation.
- Does your axle configuration comply with state law? Even if your total weight is within your registered weight, improper axle spacing can still put you over legal limits.
- Do you have required permits in-hand or electronically available? Operating under an overweight permit but failing to have the permit available during a roadside inspection can lead to citations or temporary out-of-service orders until proof is provided.
A common misconception is that enforcement defaults to 80,000 pounds. In reality, officers rely on what is printed on your cab card for each jurisdiction, combined with state axle laws and permit requirements.
Before crossing a state line, check:
- The cab card row for that state,
- Your current gross weight, and
- Whether a permit is required and available.
Avoid these mistakes
Common carrier mistakes include:
- Assuming the highest weight on the cab card applies everywhere,
- Running permit-only weights without a permit because the cab card shows a higher number in another state,
- Failing to update registered weights after changes in equipment or operations, and
- Letting drivers guess instead of helping them understand how to read the cab card correctly.
Key to remember: Your cab card is a state-by-state permission slip, not a universal weight pass. Understanding why the numbers differ and how enforcement uses them can prevent violations, delays, and costly compliance issues. When in doubt, verify the registered weight for a specific jurisdiction before rolling across the state line.
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2026-05-12T05:00:00Z
NewsHuman Resource ManagementHuman Resource ManagementEmployee RelationsFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishHuman ResourcesIndustry NewsEmployee RelationsHR GeneralistAssociate RelationsCommunication ToolsFocus AreaUSA
What does your FMLA process look like?
Administering employee leave under the federal Family and Medical Leave Act (FMLA) basically involves a process that starts when an employee puts the employer on notice of the need for leave and (hopefully) ends when the employee returns to work.
Beyond the compliance requirements, employers can help make the FMLA process more or less challenging for employees and for themselves. If, for example, a process involves handing an employee 40 pages of FMLA-related documents without any explanation, it might be overwhelming for the employee and inefficient in the long run for the employer.
8 steps to help smooth out the FMLA process
Employers might look at their FMLA process and see if there’s room for improvement. Ideas can include the following:
- Walk through the process. Talk with the employee so they know what to expect and when. Have conversations and ask if the employee has any questions. It never hurts to ask, “What can we do to help?” or something to that effect along the way.
- Consider the factors of each situation. Employees who need leave are usually in a stressful situation, even if the reason for leave is happily welcoming a new child. They often aren’t familiar with the nuances of the FMLA, so it’s new territory for them. A bit of empathy goes a long way.
- Follow through. Provide employees with answers to any questions or glitches in the process. While employees might have 15 days to gather a certification, for example, meeting that deadline can be challenging in some situations. If it’s missed, talk to the employees so they understand why.
- Provide gentle reminders. While it’s not technically required, if deadlines are coming up, gently remind employees.
- Use technology to your advantage. If your system enables employees to access the process and its parts from their mobile device, all the better; if that’s how an employee would prefer to proceed, great!
- Overcommunicate rather than under-communicate. It’s better to say more than less when it comes to explaining how the FMLA process works and what’s expected. Ask employees which method they prefer to receive information. If, for example, you prefer to make phone calls, but an employee seldom accepts phone calls, both you and the employee can be frustrated.
- Have templates for letters and forms. Using templates makes it easier to recognize and review information or explain something to the employee. This can also help ensure you treat all similarly situated employees equivalently.
- Document the process. Write down the FMLA process and share it with managers, at least at a high level. Managers don’t need to become FMLA experts, but they might not realize all that’s involved in the FMLA process, and things might get a little easier once they understand. Employees can benefit from such a document, as well.
Because FMLA leave is very personal, employees who have a bad leave experience might consider changing employers or sharing their experience with coworkers, making recruiting and retention more challenging.
Key to remember: Taking a few steps beyond compliance in FMLA leave management can help make the process easier for both employers and employees.
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