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
2025-01-27T06:00:00Z
NewsTransportationIn-Depth ArticleEnglishHeat StressIndustry NewsFleet SafetyHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyExtreme Temperature PreparationHeat and Cold ExposureFocus AreaUSA
A temporary cool down on OSHA’s Heat Rule?
If you’ve been waiting for an update on OSHA’s proposed heat rule, you’ll be waiting just a bit longer. The new Administration has signed an Executive Order putting temporary brakes on all regulations including any rules currently approved but not yet published. This pause allows time for new agency heads to review proposed regulations that haven’t reached the Federal Register.
However, effective January 16, 2025, the agency extended it’s National Emphasis Program (NEP) for outdoor and indoor heat-related hazards to maintain worker protection during the Administration’s review. OSHA’s directive, CPL 03-00-024, allows compliance officers to continue to identify and enforce heat-related illnesses in outdoor and indoor workplaces under their jurisdiction for general industry, construction, maritime, and agricultural sectors.
What is the new timeline?
OSHA’s National Emphasis Program (NEP) – Outdoor and Indoor Heat-Related Hazards is extended until April 8, 2026, or until replaced by an updated compliance directive. The previous NEP was set to expire on April 8, 2025. Inspections will continue through regional offices and state plan programs. Outreach will still be provided under this NEP.
Why the NEP is important?
Temperatures have reached record levels recently, and heat has become the leading cause of death among all hazardous weather conditions in the United States. The Bureau of Labor Statistics (BLS) reported 479 worker deaths and 33,890 work-related heat injuries and illnesses that resulted in days away between 2011-2022.
Workers in both outdoor and indoor work settings may be at risk from:
- Elevated temperatures and humidity;
- Heat-generating processes, machinery, and equipment such as ovens, furnaces, or hot asphalt; and
- Labor-intensive activities during the heat such as construction, roofing, landscaping, or firefighting.
How an NEP differs from a standard
An NEP is not a mandate or regulation, but rather provides an enforcement program targeting specific high-hazard industries or workplace activities where heat-related injuries or illness could occur if not managed. Examples related to this OSHA’s heat NEP include working outdoors during a heat wave or working indoors near radiant heat sources like commercial driers or metal-working foundries.
Key to remember: OSHA has extended its National Emphasis Program (NEP) – Outdoor and Indoor Heat-Related Hazards until April 8, 2026, or until replaced by an updated compliance directive while the proposed rule is reviewed by the new administration.
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RECENT INDUSTRY HIGHLIGHTS
2025-01-27T06:00:00Z
NewsEnforcement and Audits - OSHAToxic Substances Control Act - EPAToxic Substance ControlToxic Subtances Control Act - EPALockout/TagoutIn-Depth ArticleUSAEnglishMachine GuardingHeat StressIndustry NewsHeat and Cold ExposureEnforcement and Audits - OSHASafety & HealthConstruction SafetyInfectious DiseasesGeneral Industry SafetyAgriculture SafetyMaritime SafetyEnvironmentalFocus AreaMachine GuardingInjury and Illness Recordkeeping
Oodles of OSHA policies extended, revised, added, or axed
In the waning weeks of the last administration, OSHA was “full steam ahead” with its enforcement directives and memos. Since November, the agency extended two, updated four, added one, and cancelled one. OSHA directives and memos are like instructions for OSHA offices and inspectors. In this way, enforcement and other agency activities are consistent nationwide.
The changes come on the heels of a flurry of earlier memos in 2024. Those dealt with meat plants, ergonomics, injury reporting, and walkaround representation. They also covered issuing citations and enforcement exemptions.
No doubt the new administration will pore over “all” of OSHA’s enforcement documents, not just the latest ones. Therefore, it’s important to keep an eye on any shifts in enforcement strategy from the agency. Knowing what OSHA is targeting may help you prioritize your compliance efforts.
Heat NEP extended
On January 16, the agency extended its National Emphasis Program (NEP) on outdoor and indoor heat-related hazards. The program was due to expire April 8, 2025. However, OSHA extended it until April 8, 2026. The program (described in CPL 03-00-024) targets over 70 high-risk industries when a heat warning or advisory is issued for a local area. Inspections are also conducted for heat-related fatalities, complaints, and referrals, no matter the industry.
Between April 8, 2022, and December 29, 2024, OSHA:
- Conducted about 7,000 heat-related inspections,
- Issued 60 heat citations for violations of the General Duty Clause, and
- Handed out 1,392 Hazard Alert Letters.
Amputations NEP extended
OSHA argues that employees are frequently injured when working on or around machinery and equipment. This is especially the case with insufficient guarding and/or energy control procedures. For that reason, on November 18, OSHA directed its offices to continue inspections under CPL 03-00-022 until June 30, 2025. That’s the NEP on amputations in manufacturing. It targets industrial and manufacturing workplaces with machinery and equipment that could cause amputations.
Injury/illness recordkeeping NEP revised
Effective January 13, OSHA issued CPL 02-00-172. This directive provides enforcement guidance for 29 CFR 1904, which goes over injury and illness recordkeeping and reporting. The latest directive replaces a 20-year-old CPL.
OSHA says the new CPL reflects updated recordkeeping policies. It also incorporates revisions related to exemptions, employee rights, and electronic submissions. These stem from final rules published in 2014, 2016, 2019, and 2023.
Vessels directive revised
On November 13, OSHA published CPL 02-01-066. The directive concerns the agency’s authority over workers not only on vessels but also at facilities on/adjacent to U.S. navigable waters or on the Outer Continental Shelf.
The new directive provides guidance related to towing vessels, marine construction, and personal flotation devices. It supersedes older directives.
List of low-hazard industries revised
On November 14, OSHA issued a memo with a revised table listing “low-hazard industries.” These industries had days away, restricted, or transferred work injury/illness incidence rates in 2023 below the national private sector average. That national average was 1.5 per 100 full-time equivalent workers.
The table is referenced in CPL 02-00-170, which provides enforcement exemptions and limitations as required by Congress. Check out the article, “Is YOUR location immune from OSHA safety inspections?”
Penalty adjustments revised
On January 7, OSHA issued its memo, “2025 Annual Adjustments to OSHA Civil Penalties.” The memo goes over gravity-based penalty amounts for serious violations. While high gravity violations can reach $16,550, low gravity violations are just $7,093. A maximum $16,550 penalty may be proposed if OSHA thinks it’s appropriate to achieve deterrence.
The memo also offers a table of serious-willful penalty reductions for employer size. For example, an employer with 10 or fewer employees may receive an 80 percent reduction.
OSHA coordinates with EPA under new memo
On December 17, OSHA and EPA entered into a memo of understanding to coordinate protections for workers using chemical substances under two laws. Those include the Toxic Substances Control Act (TSCA) and the Occupational Safety and Health Act. Under the memo, OSHA and EPA will share information on chemical-related priorities, risk evaluation, rulemaking, and enforcement activity.
TSCA regulates the use of chemicals more broadly, while the OSH Act regulates health and safety in the workplace. TSCA also covers a wider range of workers than OSHA, such as volunteers, self-employed workers, and some state and local government workers. That means EPA’s findings and worker protection regulations may differ from OSHA’s.
COVID-19 NEP cancelled
On January 16, OSHA tossed its NEP on COVID-19. According to the agency, this enforcement program (DIR 2021-03 (CPL 03) in place since 2021) was cancelled because of:
- A decline in COVID-19 complaints and inspections in high-risk workplaces in the last 12 months; and
- Updated public health guidance indicating the global health emergency has ended.
SST program future unclear
We’re waiting to see if OSHA will post a new Site-Specific Targeting (SST) Program. Its existing one (CPL 02-01-064) expires on February 7, 2025.
Under the SST Program, OSHA selects random targets of non-construction, non-office, non-government workplaces (with 20 or more employees) that are either:
- "High-rate” establishments with the highest rates of injuries/illnesses; or
- “Upward-trending” establishments with rates above the industry’s national average that trended upward in certain years.
Key to remember
The last administration continued to issue a stream of enforcement instructions for its offices and inspectors up to the last week. Of course, the new administration may revisit all enforcement documents.
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2025-01-24T06:00:00Z
NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTRisk Management TransportationRisk Management - Motor CarrierDefensive drivingCMV drivingFocus AreaIn-Depth ArticleEnglishTransportationUSA
Don’t set your mind on cruise control when driving
Just about every driver has experienced it. You reach your destination without a complete recollection of how you made it there. It’s as if the vehicle was on autopilot.
Even though it is commonplace, driving in a dazed state can be just as serious as nodding off because reaction time is hindered.
A dangerous state of mind
This detached mental state is known as highway hypnosis or white line fever attention. Although not true hypnosis, this dulled, trance-like state can be brought on by the monotony of the road. A driver who is bored and staring at, for example, the white lines or a snow shower in headlights might drift off into an experience called “driving without attention.”
Driving without attention is a form of distracted driving. In this state, drivers may be subject to more near misses including crossing over the center line.
Contributing factors include:
- Miles of dull landscape with very little scenery changes
- Operating a vehicle at one speed on long stretches
- Traveling alone
- Traveling long distances, creating a tunnel vision of the road ahead
- Overconfidence and not paying attention to surroundings
- Fatigue
- Driving several hours without a break
- Wandering mind (daydreaming)
- A warm cab
- A heavy meal
- Night driving
Recalibrating the brain
How can drivers avoid driving without attention? The first impulse might be to consume caffeine. It may help in the short term. However, if the problem is truly fatigue, drivers need to be honest with themselves and pull over for rest.
For some drivers, a fresh perspective might be found through a short break to stretch their legs at a truck stop. Drivers don’t have to wait until the next fueling to take a break. They could stop for a couple of minutes, for instance, every 100 miles.
The following tips can also help maintain concentration:
- Keep the cab on the cool side.
- Listen to music.
- Move your eyes:
- Look across the landscape, even if it is a flat stretch with minimal trees or buildings.
- Glance in the review and side mirrors and at the items on the dash.
- Read road signs and billboards.
- Keep the mind active through mental activity such as recalling the day’s events and conversations or other memory tests.
- Maintain proper posture while driving. Sit up straight, and do not slouch.
Key to remember: Distracted driving doesn’t always have to involve using cells phones or engaging in activities that take the eyes off the road. It can be as simple as zoning out and not paying attention to the road ahead.
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2025-01-24T06:00:00Z
NewsIndustry NewsFleet SafetyTransportation SecurityTransportation SecurityFederal Motor Carrier Safety Administration (FMCSA), DOTFocus AreaIn-Depth ArticleEnglishTransportationUSA
Expert Insights: Don’t leave your carrier a victim of identity theft
I received a letter in the mail this week notifying me that I am one of millions affected by a recent security breach of medical records. Sadly, this isn’t my first run-in with hackers.
But did you know that identity theft isn’t limited to individuals? Businesses can be victims, too. And that includes motor carriers. Cybercriminals are looking to steal sensitive company information. Criminals use this information to take out loans, credit cards, or lines of credit — or even try to send out invoices to your customers!
Doing their best impersonation
It would be naïve to think that motor carriers are rarely targeted by cyber criminals. In fact, it’s so common that the Federal Motor Carrier Safety Administration (FMCSA) has a webpage devoted to fraud alerts (https://www.fmcsa.dot.gov/registration/fraud-alerts). Most entries are of FMCSA impersonations.
Most recently, the FMCSA sounded the alarm on a “Fake Action Required Notice” that masqueraded as the agency. This scammer claims the carrier is subject to a safety audit and provides a link to upload required documents. If someone acted on the request, they would have provided sensitive corporate information along with their drivers’ personal information and data on equipment.
How to protect your carrier
If you’re contacted by what appears to be FMCSA, your best bet is to always confirm by reaching out to the FMCSA through a known phone number or email address. Don’t trust the contact information provided in the correspondence.
Next, practice the same cyber security for any unsolicited email including those appearing to be from FMCSA. Don’t click on links, provide files, or download attachments — and always verify. Lastly, when targeted by one of these DOT scams, report it to FMCSA.
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2025-01-23T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Calling all Canadian safety pros! Did you know there were changes to the OSH Code?
On December 4, 2024, the province of Alberta updated their Occupational Health and Safety (OHS) Code, and it could affect you! Read on to find out how it could impact your business.
The good news is that the updates were intended to align with other Canadian jurisdictions and make the Occupational Health and Safety Act regulation easier to understand! The OHS Code provides detailed technical requirements for controlling workplace health and safety hazards.
The bad news is – well, there really isn’t any bad news. The updates are meant to simplify and clarify some requirements and clean up some duplication and errors found in the previous version.
Which regulatory Parts changed?
Changes made to the Code are outcome-focused instead of requirement-focused so employers can set compliance goals and objectives that suit their workers and establishments.
- Part 27: Violence and Harassment — includes provisions for addressing workplace violence as well as retail fuel and convenience store worker safety. Updates included:
- Consolidating violence and harassment prevention plans, policies and procedures requirements to remove duplication, and shifting health and safety focus to outcomes rather than prescriptive steps; and
- Adding definitions for “convenience store” and “retail fueling outlets”.
- Part 33: Explosives — promotes labour mobility and inter-provincial cohesion, and incorporates industry best practices. Updates included:
- Bringing technical standards up to date;
- Ensuring requirements reflect best practices for health and safety, including introducing definitions for technical terms;
- Improving flexibility by changing health and safety prescriptive requirements to outcomes, where appropriate;
- Aligning roles and responsibilities within the OHC Act.
- Recognizing the unique requirements for perforating guns; and
- Removing duplicated information.
- Part 37: Oil and Gas Wells — clarifies some requirements and incorporates industry best practices. Updates included:
- Bringing technical standards up to date;
- Ensuring requirements reflect best practices for health and safety, including introducing definitions for technical terms;
- Improving flexibility by changing health and safety prescriptive requirements to outcomes, where appropriate;
- Aligning roles and responsibilities within the OHC Act; and
- Removing duplicated information.
What’s my deadline?
Employers are being given a transitional period between December 4, 2024 and March 30, 2025. The final effective date for compliance with the updated provision is March 31, 2025.
Key to remember: Updates have been made to several Parts of Canada’s Occupational Health and Safety (OHS) Code to clarify health and safety expected outcomes.
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2025-01-23T06:00:00Z
NewsIndustry NewsIndustry NewsRecordkeepingRecordkeepingHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
FMLA recordkeeping 101
Like so many employment laws, the federal Family and Medical Leave Act (FMLA) includes recordkeeping requirements. Employers must also keep certain related records regarding employee identification and pay under the federal Fair Labor Standards Act (FLSA). Much of that information falls under the FMLA as well.
The FMLA does not require any particular order or form of records. Employers may keep the records electronically if they wish. Employers must, however, be able to provide the records should the U.S. Department of Labor conduct an audit or investigation.
Employers need to keep the following information:
- Employees' identifying information
- Full name and social security number
- Address, including zip code
- Birth date, if younger than 19
- Sex and occupation
- Payroll data
- Time and day of the week when the employee's workweek begins
- Hours worked each day
- Total hours worked each workweek
- Basis on which employee's wages are paid (e.g., "$9 per hour," "$440 a week," "piecework")
- Regular hourly pay rate o Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- All additions to or deductions from the employee's wages
- Total wages paid each pay period
- Date of payment and the pay period covered by the payment
- Date(s) of FMLA leaves
- FMLA hours/days/weeks taken
- Copies of eligibility/rights and responsibilities notice
- Copies of designation notices
- Employee FMLA-related notices
- Copies of certification forms
- Benefit documents
- Records involving disputes about the designation of FMLA leave
Three years
Employers should keep these documents for at least three years. They must keep any records with medical information confidential and separate from any personnel file(s).
Key to remember: During audits or investigations, the U.S. Department of Labor can make broad information requests, so employers need to have excellent recordkeeping.
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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.