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
2025-04-23T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistIn-Depth ArticleLabor Law PostersHR ManagementEnglishLabor Law PostersUSAFocus AreaHuman Resources
Executive orders impact postings for federal contractors
Presidential actions can impact labor law posting requirements, and so far this year perhaps no group has felt this more than federal contractors.
They have dealt with:
- A mandatory change to the Worker Rights Under Executive Order 14026 posting, to show the 2025 minimum wage of $17.75 per hour;
- A mandatory change to the Worker Rights Under Executive Order 13658 posting, to show the 2025 minimum wage rate of $13.30 per hour;
- A pending change to the Know Your Rights: Workplace Discrimination is Illegal posting, to remove references to Executive Order 11246;
- Changes to the Office of Federal Contract Compliance Programs (OFCCP) website housing the Pay Transparency posting. The website was taken down, put back up, and taken down again. This posting had been required under an amendment to Executive Order 11246, which has been revoked; and
- The revocation of Executive Order 14026, which applied to certain contracts signed after January 30, 2022.
What do federal contractors do now?
Although some previous executive orders have been revoked, their underlying regulations are still in place. It is likely that they will no longer be enforced, however. While waiting for further guidance and final regulatory action, federal contractors can:
- Continue to display the Executive Order 14026 minimum wage and Pay Transparency postings until their contracts are revised or the Department of Labor removes the underlying regulations;
- Prepare to display the revised Know Your Rights posting;
- Continue to display the Executive Order 13658 minimum wage posting, when required;
- Continue to display other postings required under their contract, as well as federal, state, and local laws; and
- Stay alert for more updates.
If federal contractors are unsure of what needs to be posted, their contract likely holds the answer. Federal contractors need to comply with contract requirements, and that includes posting obligations.
Key to remember: Federal contractors need to display postings required under their contract. Executive orders are likely to bring revisions to these requirements.
Keep reading...Show less
RECENT INDUSTRY HIGHLIGHTS
2025-04-23T05:00:00Z
NewsPesticidesPesticidesPesticide Registration and LabelingIn-Depth ArticleEnglishIndustry NewsEnvironmental EdgeSafety & HealthGeneral Industry SafetyAgriculture SafetyFederal Insecticide, Fungicide and Rodenticide ActEnvironmentalFocus AreaPesticidesUSA
EPA modernizes pesticide registration policy, tweaks tracking app
Pesticide registrations just became simpler, more modern, and more transparent! EPA recently updated an app and made policy changes regarding how to submit two forms. All these changes result in a streamlined pesticide registration process.
Pesticide registration tracking app
On April 18, EPA made enhancements to its MyPest app, which sources say was initially launched in mid-January. EPA is proud to say that MyPest already boasts over 1,200 registrants. The new app allows registrants of pesticide products to:
- Monitor the status of their registration submissions in real-time,
- Drill down to a detailed view of each application, and
- Communicate directly with EPA staff about registration packages in review.
Updates to MyPest include an enhanced dashboard page. The page offers information about the registrant’s cases and products. More updates are planned later this year.
Policy changes impacting two forms
On April 4, EPA announced in the Federal Register the issuance of Pesticide Registration (PR) Notice 2025-1. The notice itself is dated effective March 27, 2025. Its subject line reads, “Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35).”
The latest PR notice supersedes PR Notice 98-5, dated June 12, 1998. While the revisions were proposed last June, the agency only finalized them now. According to PR Notice 2025-1:
- EPA Form 8570-34 — This is the Certification with Respect to Citation of Data. Pesticide registrants use this form to indicate how they will meet their data submission/citation obligations under the law. When a registrant refers to another company’s data, the registrant must certify that:
- It offered compensation to the original data submitter, or
- It has the original data submitter’s permission to cite the data.
- EPA Form 8570-35 — This is the Data Matrix. Pesticide registrants use this form to indicate to whom they made offers of compensation.
The two forms — EPA Forms 8570-34 and 8570-35 — have not been modified. Only policies regarding the submission of the two forms have changed. The agency:
- Eliminated the instruction to use “paper” submissions;
- Says registrants should complete and submit the two forms electronically through the Pesticide Submission Portal;
- Eliminated the instruction that registrants submit two versions of the Data Matrix, i.e., the ‘‘Internal Agency Use Copy’’ and the ‘‘Public File Copy’’; and
- Requires that registrants submit a single Data Matrix without redactions.
EPA contends that none of the information on Form 8570-35 is confidential. Put another way, none of the information on the Data Matrix is protected from public release. Therefore, the agency claims there is no reason to submit two versions of the form.
According to EPA, entities potentially affected by the policy changes include, but are not limited to:
- Crop production,
- Animal production,
- Food manufacturing, and
- Pesticide manufacturing.
Efficiencies and transparencies gained
Using electronic reporting for EPA Forms 8570-34 and 8570-35 brings efficient data transmittal, argues EPA. A bonus is that electronic reporting will also reduce errors. That’s because of automated validation tools in the portal. Submitters should experience lower costs and faster review and transmission of data, the agency adds.
In 2024, EPA received a total of 3,309 Data Matrices. Moving from two versions to just one for the Data Matrix form should save registrants and EPA time. Specifically, completing, submitting, and processing the Data Matrix should be quicker. EPA will also experience time savings when providing the public access to the information. Extra steps under the Freedom of Information Act would not be needed.
The MyPest app update is a step forward in efficiency and transparency, concludes EPA. The app enhancements are part of the agency’s overall move toward digital and streamlined processes. EPA projects that the app will improve the timeliness of pesticide registration decisions.
Key to remember
Recent actions streamline the pesticide registration process and make it more transparent. These actions relate to the MyPest app and EPA Forms 8570-34 and 8570-35.
Keep reading...Show less
2025-04-23T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
What if an employee requests FMLA leave AFTER deciding to terminate?
Thomas started working for the company in May 2022. Less than a year later, the employer noticed some job performance issues. Rosie, Thomas’ supervisor, told him to create an improvement action plan, but Thomas continued to struggle. The employer then created a formal Performance Improvement Plan (PIP) they would review together on September 29, 2023.
During the week of September 4, however, another manager indicated that Thomas had become a liability for the company. The managers decided to fire Thomas on September 14 or 15.
On September 8, Thomas sought medical attention due to depression. His doctor put him on medication and talked about other treatments. The medication made Thomas tired and nauseous. On Sunday, September 10, Thomas emailed Rosie saying, “I am not feeling well, and I anticipate that I will be able to return Wednesday.” Thomas missed work on September 11 and 12.
Rosie interpreted Thomas’ email as him opting to take a sick day for a minor illness.
On September 12, Thomas uploaded a doctor’s note to the company’s HR system. The note said he was ill and unable to work on the 11th and 12th, but it provided no other information.
Thomas returned to work on September 13. Rosie scheduled a meeting with him for the following day. Meanwhile, Thomas had another doctor’s appointment on the 13th, when he was told he needed at least three weeks of leave.
After the doctor's appointment, Thomas submitted a request for leave under the federal Family and Medical Leave Act (FMLA). Despite having worked on September 13, he said he’d been on leave since September 11. Thomas also emailed Rosie later that afternoon informing the employer for the first time of his need for a medical leave.
At the September 14 meeting, the employer fired Thomas.
Thomas sued, arguing the employer violated the FMLA because his leave began September 11.
The court pointed out that Thomas submitted an FMLA leave request on September 13, saying he had been off work for FMLA since September 11. This was impossible, as Thomas submitted the FMLA request on September 13. Thomas also worked on the 13th and 14th, making any statement that he had been “off work for FMLA since September 11, 2023” inaccurate.
Thomas didn’t tell Rosie that he needed to explore leave until September 13, 2023, at 4:05 p.m. The employer had decided to terminate Thomas on September 12, 2023, at 3:40 p.m., one day before Thomas requested FMLA leave.
In ruling for the employer, the court said the timeline showed that Thomas’ request for leave was made after the employer approved his termination, making it inconceivable that his FMLA request led to his termination.
Daniels v. Morningstar, Inc., Northern District of Illinois, No. 24-cv-00289, April 3, 2025.
Key to remember: Employer termination decisions made before an employee requests FMLA leave may stand, particularly if those making the decision have no information about a leave request.
Keep reading...Show less
2025-04-22T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishMine SafetyFocus AreaUSA
Workers’ Memorial Day: Honoring lives and promoting safety
Workers’ Memorial Day, observed on April 28th, serves as a touching reminder of the lives lost due to workplace injuries and illnesses. This day highlights the critical need for robust safety measures, bringing to light the distressing statistics of thousands of workers who die each year.
These losses are not just numbers; they represent real people with families, dreams, and futures cut short, calling for a renewed commitment to improving safety practices across all workplaces.
Improving workplace safety: practical steps
In 2023, there were 5,283 fatal injuries in US workplaces. It is important for employers to ensure the safety of their workers and for workers to take responsibility for their own safety and that of their coworkers. Here are some practical steps to enhance workplace safety:
1. Conduct regular safety training
One of the most effective ways to improve workplace safety is through regular safety training. Educating employees about workplace hazards, proper procedures, and emergency actions is crucial. Ensure training sessions are engaging and interactive, allowing workers to ask questions and participate in discussions. Consider incorporating real-life scenarios, hands-on practice, emergency drills, and the use of props to make the training more impactful.
2. Encourage reporting of hazard and incidents
Create an open environment where workers feel comfortable reporting safety concerns. Encourage employees to speak up about potential hazards, incidents, or even near misses, without fear of retaliation. Implement anonymous reporting systems to support this. Be sure to consistently and regularly review and address reported hazards to demonstrate that safety concerns are taken seriously and acted upon promptly.
3. Effectively control hazards
Before resorting to personal protective equipment (PPE), it's crucial to control hazards using the hierarchy of controls. This systematic approach prioritizes hazard control methods based on their effectiveness:
- Elimination: Remove the hazard entirely from the workplace. This is the most effective control measure.
- Substitution: Replace the hazard with a less dangerous alternative. For instance, choose a less hazardous chemical or replace ceiling tiles with noise-reducing ones in loud work areas.
- Engineering controls: Design or modify equipment to reduce exposure to hazards. This can include ventilation systems or machine guards.
- Administrative controls: Implement policies and procedures to minimize risk. For example, rotate job assignments to reduce exposure time or offer task-specific training on safe work practices.
- PPE: Use protective gear as a last resort when other controls are not feasible or fully effective. PPE should complement other safety measures to ensure thorough protection.
4. Use PPE correctly
Make sure PPE is readily available, well-maintained, and suited to the specific risks of the job. It should fit workers properly to avoid entanglement in equipment or machinery and encourage its use. Regular inspections and training on the correct use of PPE can prevent many injuries. It's also important to foster a culture where wearing PPE is seen as standard practice rather than an inconvenience.
5. Build a Strong Safety Culture
A strong safety culture is the backbone of effective workplace safety. It involves the collective commitment of both employees and management to prioritize safety in every aspect of operations.
- Engage employees. When workers are actively involved in safety programs, they are more likely to adhere to safety protocols and contribute valuable insights. Encourage participation in safety committees, conduct regular safety meetings, and solicit feedback on safety practices. Recognize and reward employees who demonstrate a commitment to safety, fostering a sense of ownership and accountability.
- Strengthen management support. Leaders should visibly endorse and participate in safety initiatives. Allocate resources for safety training, equipment, and improvements. Establish clear safety policies and consistently enforce them. When management prioritizes safety, it sets a powerful example for the entire organization.
Key to remember: Workers’ Memorial Day is a solemn reminder of the importance of workplace safety. By conducting regular safety training, encouraging hazard reporting, controlling hazards and building a strong safety culture, organizations can work towards a safer future.
Keep reading...Show less
2025-04-22T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
When to recalculate FMLA eligibility
Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 weeks of job-protected leave in a 12-month leave year period for qualifying reasons.
Employees become eligible to take FMLA leave when they:
- Have worked for the company for at least 12 months (need not be consecutive),
- Have worked at least 1,250 hours in the 12 months before the leave is to begin, and
- Work at a location with at least 50 company employees within 75 miles.
Once employees meet these criteria and take leave for a particular reason, their eligibility remains intact for the duration of the 12-month leave year period. Employers should not recalculate an employee’s FMLA eligibility — particularly the 1,250 hours criterion — each time the employee takes intermittent or reduced schedule FMLA leave. The employee remains entitled to FMLA leave for that reason even if they fall below 1,250 hours at some point in the 12 months.
If, however, that employee asks for FMLA leave for another qualifying reason, the employer would recalculate the employee’s eligibility for that new FMLA requested reason.
To illustrate
Here are examples to show how this works:
- An employee with multiple sclerosis (MS) was eligible and took intermittent FMLA leave in April and May but needed leave again when the episodes of incapacity recurred in July and again in October. She would be entitled to FMLA leave without having to re-qualify under the 1,250-hour eligibility test so long as the absences occurred within the same 12-month period, and she still had FMLA leave available.
If the employee needed leave for MS again in a new 12-month period, the employee would have to re-qualify under the 1,250-hour eligibility test to be entitled to take FMLA leave for the same condition in the new 12-month period. - Assume the same facts as in the first example and, in addition, assume that she has a car accident and needs six weeks of FMLA leave to recover.
If, at the time of this second and different FMLA-qualifying reason, the employee met the 1,250-hour eligibility test, she would be entitled to FMLA leave for that second reason.
The employee would also continue to be eligible for intermittent FMLA leave for MS for the rest of the current 12-month period or until she ran out of the 12 weeks of leave. - Assume the same facts as in the second example, except at the time of the car accident, the employee does not meet the 1,250-hour eligibility test. In this situation, the employee would not be entitled to FMLA leave for the car accident. She might take time off as an accommodation or some other kind of leave, but it wouldn’t be FMLA leave.
Thus, it’s possible that an employee could remain eligible for leave for one FMLA-qualifying reason for which the employee met the 1,250-hour test (i.e., MS), but not be eligible for FMLA leave for a different FMLA-qualifying reason (i.e., car accident), due to the 1,250- hour test being re-calculated at the beginning of the second and separate reason for leave.
Key to remember: Employers may not recalculate employee eligibility to take FMLA leave during the 12-month leave year when leave is taken for a particular qualifying reason.
Keep reading...Show less
2025-04-22T05:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
What FMLA employee leave notice can look like
To take leave under the federal Family and Medical Leave Act (FMLA), employees must give employers notice of the need for leave. This notice can take on many forms. Employers are, however, responsible for recognizing such notices.
The first time employees request leave for an FMLA reason, they don’t have to mention the FMLA, expressly assert their FMLA rights, or apply for FMLA leave. Employees do, however, have to provide enough information for employers to know that the leave might be covered by the FMLA.
For example, Laura's spouse, who has previously been healthy, develops a serious health condition. Laura tells her employer that she needs leave to care for her spouse, who has been hospitalized overnight, and that she anticipates being out for the rest of the week. This is enough information for the employer to know that Laura’s leave might be covered by the FMLA. If Laura had said only that her spouse was "sick” — without any other details — she might not have given enough information for the employer to recognize that the leave request might be covered under the FMLA.
At this point, employers might not know for sure if the leave will be protected by the FMLA, but they should begin meeting their FMLA obligations.
Follow-up requests
When employees have approval to use FMLA leave for a qualifying reason, they may continue to use FMLA leave for that reason at different times during the same leave year. In such cases, the employee is expected to specifically reference the:
• Qualifying reason for leave, or
• Need for FMLA leave.
This should help make certain the employer knows that the FMLA's protections apply.
Established procedures for requesting leave
To request FMLA leave, employees should follow the employer's usual and customary workplace procedures for requesting leave, unless they are unable to because of unusual circumstances.
If, for example, an employer's policy and practice requires employees to make all leave requests in writing to their department supervisor. When Kathleen wishes to take a personal day, she requests it in writing to the department supervisor. When Jim needs FMLA leave for an appointment for his father’s serious health condition, he also requests it in writing to the department supervisor. However, when McKenzie is rushed to the hospital, she is unable to notify the department supervisor and request leave in writing. McKenzie's spouse contacts McKenzie's workplace by phone to explain that McKenzie needs leave from work because of a medical emergency. This is acceptable, given the circumstances.
Timing of notice
Employees must give notice in time. If leave is foreseeable, they should give 30 days’ notice. If 30 days’ notice isn’t reasonable, they should give notice as soon as practicable.
For unforeseeable leave, employees are expected to give notice as soon as possible, given the facts of the situation.
Key to remember: Employees have to give employers enough information to put them on notice of the need for leave, but don’t have to ask or apply for “FMLA” leave.
Keep reading...Show less
Search all news
Did You Know You Can Ask Unlimited Questions to Our Compliance Experts?
Get answers to your most puzzling compliance questions from the industry’s top experts!
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.