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Most Recent Highlights In Environmental
NewsIndustry NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceToxic Substances - EPAEnvironmental Protection Agency (EPA)EnvironmentalEnglishFocus AreaUSA
2025-08-15T05:00:00Z
EPA releases July 2025 TSCA Inventory
On August 14, 2025, the Environmental Protection Agency (EPA) released the biannual update to the nonconfidential Toxic Substances Control Act (TSCA) Chemical Substance Inventory (TSCA Inventory). The inventory includes all TSCA-regulated chemical substances manufactured, processed, or imported in the U.S.
Adding 15 chemical substances since the last update, the July 2025 TSCA Inventory contains 86,862 chemicals. Nearly half of the substances (42,578) are active (i.e., in use). EPA also updated:
- Commercial activity data,
- Unique identifier data, and
- Regulatory flags (which identify substances with manufacturing or use restrictions as well as substances with full or partial reporting exemptions).
Further, the agency updated the TSCA Master Inventory File. It includes chemical identity information claimed as confidential that’s excluded from the nonconfidential TSCA Inventory. The TSCA Master Inventory File is the only list with comprehensive, authoritative information about which chemical substances are on the inventory.
The agency plans to make the next inventory update in Winter 2026.
How do I access the inventory?
View the TSCA Inventory by:
- Downloading the Microsoft Access or CSV text version of the data from EPA’s website, or
- Using EPA’s Substance Registry Services (SRS).
How does this impact my business?
The TSCA Inventory helps facilities determine compliance requirements for chemicals they (a) manufacture or use or (b) plan to manufacture or use. Chemicals that are on the TSCA Inventory are likely subject to rules, like manufacturing limits and reporting requirements. Chemicals that aren’t on the list must meet notification and review requirements before they can be used.
Key to remember: EPA released the July 2025 nonconfidential TSCA Inventory of chemical substances manufactured, processed, or imported in the U.S.
NewsIndustry NewsPublicly Owned Treatment WorksWater ProgramsIndustrial WastewaterEnvironmentalIn-Depth ArticleCWA ComplianceEnglishFocus AreaUSA
2025-08-12T05:00:00Z
Smart pretreatment: How digital tools are transforming industrial wastewater management
Industrial wastewater pretreatment systems are evolving quickly. With tighter regulations, aging infrastructure, and rising costs, many facilities are turning to digital tools to modernize their operations. From real-time monitoring to predictive analytics, these technologies help permitted systems stay compliant, reduce risks, and improve performance.
Real-time monitoring improves oversight and response
One of the most important advancements is the use of real-time sensors and Supervisory Control and Data Acquisition (SCADA) systems. These tools allow operators to monitor key factors like pH, flow rate, temperature, and contaminant levels around the clock. If something goes out of range, alerts are sent immediately – helping prevent violations and environmental damage.
Automated sampling and reporting also make it easier to meet regulatory requirements. By reducing manual work and improving accuracy, facilities can respond faster to changes in discharge conditions. This is especially helpful in industries where wastewater characteristics vary, such as food processing or chemical manufacturing.
Predictive analytics and AI support proactive management
Beyond monitoring, predictive analytics and artificial intelligence (AI) help facilities anticipate problems before they happen. By analyzing past data, these systems can predict equipment failures, detect changes in influent quality, and recommend better chemical dosing strategies.
Such a proactive approach reduces downtime, lowers maintenance costs, and improves treatment results. It also helps with long-term planning by identifying trends that may point to needed upgrades or process changes.
Digital twins enable safer, smarter optimization
Some facilities are using digital twins – virtual models of their pretreatment systems. These models simulate real-world operations, allowing engineers to test changes in flow, chemical use, or equipment without affecting actual processes.
Digital twins are also useful for training. New staff can explore how the system works and practice emergency responses in a safe, controlled environment.
Cybersecurity and data protection are growing priorities
As more systems become connected, cybersecurity is a growing concern. Facilities must protect their digital systems from unauthorized access and data breaches. This includes using secure networks, encrypted communication, and regular system checks to ensure data is safe and reliable.
Looking ahead: integration and interoperability
The future of smart pretreatment lies in system integration. Facilities are looking for platforms that combine data from sensors, lab tests, maintenance logs, and compliance reports. When digital tools work together, operators get a clearer view of system performance and can make better decisions.
Key to Remember: Digital tools are no longer optional—they’re essential for modern industrial wastewater pretreatment. By adopting smart technologies, facilities can improve compliance, reduce costs, and support environmental goals.
NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceToxic Substances - EPAEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
2025-08-12T05:00:00Z
Use chemical risk evaluations to plan ahead
Wouldn’t it be helpful to know ahead of time if a chemical that your facility uses may soon face additional or stricter regulations? Such an alert system exists! It’s in the form of risk evaluations conducted by the Environmental Protection Agency (EPA).
The Toxic Substances Control Act (TSCA) requires EPA to evaluate existing chemicals in the U.S. marketplace for safety. If the agency determines that a chemical substance poses an unreasonable risk to human or environmental health, it immediately begins the risk management process. Through the process, EPA develops compliance rules to control the risk.
Consider EPA’s final risk evaluation for 1,1-dichloroethane published in June 2025. In it, the agency determined that three uses present an unreasonable risk of injury to workers. EPA will now develop and finalize regulations to address the risk.
If EPA issues a final risk evaluation on a chemical substance that your facility manufactures (including imports), processes, distributes, uses, and/or disposes of, take note! It answers multiple questions that can help your facility prepare for future compliance obligations.
Will my facility have to comply?
EPA’s risk evaluation determines whether an existing chemical substance presents an unreasonable risk to health or the environment under specific conditions of use (COUs). Risk management regulations only apply to the COUs that present an unreasonable risk. If your facility engages in any covered COU, it will have to comply with the applicable future restrictions.
Let’s revisit the 1,1-dichloroethane risk evaluation. One of the three COUs that endanger the health of workers through inhalation exposure is the processing of the chemical substance for recycling. If a facility doesn’t process 1,1-dichloroethane for recycling, it won’t have to comply with future regulations for that COU.
Who’s affected?
The final risk evaluation defines the categories of human and environmental populations covered by the assessment (such as consumers, the general population, workers, and aquatic species), and it identifies the COUs that apply to them.
Knowing the types of populations that a covered COU affects can help facilities narrow down the kinds of compliance requirements that may apply. For instance, a final risk management rule may require facilities to:
- Implement a workplace chemical protection program for exposed employees,
- Send downstream notifications to supply chain members, or
- Add warning labels to consumer products.
What’s the regulatory timeline?
TSCA grants EPA one year from the publication date of the final risk evaluation to propose a risk management rule and another year after that to finalize it. So, potentially covered facilities can expect regulations within two years of the final risk evaluation.
For example, EPA published the final risk evaluation for 1,1-dichloroethane in June 2025, so the agency should finalize a rule by June 2027.
Compliance obligations for a final rule likely won’t begin immediately; EPA usually gives facilities time to make any needed changes to things like operations, equipment, etc.
How can my facility prepare?
Keep these tips in mind:
- Search for safer alternative chemical substances to use. In addition to eliminating the potential for new or additional compliance requirements, using a safer alternative can offer your business a competitive advantage. EPA’s Safer Chemical Ingredients List may be a good place to start.
- Look for ways to reduce employee exposure to the chemical substance. Evaluate your facility’s existing operations for ways to lower worker exposure. Consider things like changing work processes or upgrading to equipment with more protective features.
- Participate in the rulemaking. EPA will open its proposed risk management rule for public comments. You can provide feedback on the compliance requirements the agency plans to impose on regulated facilities. EPA will consider the public comments it receives before finalizing a rule.
Key to remember: EPA’s final chemical risk evaluations give facilities a heads-up that compliance changes are likely within the next couple of years.
NewsEnforcement and Audits - OSHAWaste/HazWasteSafety and Health Programs and TrainingPersonal Protective EquipmentMonthly Roundup VideoTraining & DevelopmentSafety and Health Programs and TrainingSolid WasteUSAHuman ResourcesEnglishOSHA Violations and PenaltiesEmergency Planning - OSHAIndustry NewsSafety & HealthEmergency PreparednessGeneral Industry SafetyWasteEnvironmentalRespiratory ProtectionFocus AreaVideo
EHS Monthly Round Up - July 2025
In this July 2025 roundup video, we’ll review the most impactful environmental, safety, and health news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what’s happened in the past month!
In response to Executive Orders calling for deregulation efforts, on July 1 OSHA issued one final rule and 25 proposed rules. The proposed rules cover a variety of topics, including respiratory protection, construction illumination, safety color codes for signs, and the General Duty Clause. Stakeholders have until September 2 to comment on them. The final rule took effect July 1 and makes changes to the rules of procedure for promulgating, modifying, and revoking standards applicable to construction work.
OSHA updated its penalty guidance for small employers, impacting businesses with 25 or fewer employees. This includes reduced penalties of up to 70 percent in certain circumstances. These changes took effect July 14.
Effective July 1, California OSHA extended its safety and health laws to protect domestic workers, such as house cleaners, caregivers, and gardeners. The laws apply to businesses that employ both temporary and permanent domestic service workers.
OSHA’s Safe + Sound Week is scheduled for August 11-17 and focuses on emergency preparedness and response. Businesses of all sizes are encouraged to participate by conducting safety stand-downs, evacuation drills, or other activities that help highlight the importance of safety and health programs. More information and resources can be found on OSHA’s website.
And finally, turning to environmental news, EPA issued a final rule that offers coal combustion facilities an alternative option to comply with the Facility Evaluation Report. It also adjusts the compliance timelines for regulations related to coal combustion residuals management units. In addition, EPA issued a proposed rule requesting public feedback on further delaying the Facility Evaluation Report.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
NewsGreenhouse GasesIndustry NewsIndustry NewsEnvironmental Protection Agency (EPA)Mobile Emission SourcesCAA ComplianceEnvironmentalFocus AreaEnglishAir ProgramsUSA
2025-08-04T05:00:00Z
EPA seeks to reverse Endangerment Finding, halt vehicle GHG emissions rules
The Environmental Protection Agency (EPA) has proposed a rule to rescind the 2009 Endangerment Finding and repeal all greenhouse gas (GHG) emissions standards for:
- Light-duty vehicles,
- Medium-duty vehicles,
- Heavy-duty vehicles, and
- Heavy-duty vehicle engines.
What’s the Endangerment Finding?
In 2009, EPA issued two findings: the Endangerment Finding and the Cause or Contribute Finding, generally referred to as the 2009 Endangerment Finding. The agency uses the findings as the foundation for statutory authority to regulate GHG emissions under Section 202(a) of the Clean Air Act. In other words, the 2009 Endangerment Finding is the legal basis the agency uses to regulate GHG emissions from new motor vehicles and vehicle engines.
Under the 2009 Endangerment Finding, EPA regulates new motor vehicles and vehicle engines through:
- Emissions standards and related requirements, and
- Engine and vehicle certification requirements.
How does this impact vehicle regulations?
If EPA rescinds the 2009 Endangerment Finding, it will no longer have the statutory authority to regulate emissions from new motor vehicles and vehicle engines. As a result, EPA would remove all GHG emissions regulations that apply to new motor vehicle and vehicle engine manufacturers 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).
Affected compliance requirements include:
- Emissions standards;
- Test procedures;
- Averaging, banking, and trading requirements;
- Reporting requirements; and
- Fleet-average emission requirements.
Manufacturers would no longer have to measure, control, or report GHG emissions for any vehicle or vehicle engine, including previously manufactured model years.
What won’t change?
The proposed rule doesn’t affect:
- Criteria pollutant and air toxic (or hazardous air pollutant) measurement and standards,
- Corporate Average Fuel Economy (or CAFE) testing, and
- Associated fuel economy labeling requirements.
What’s next?
EPA will accept public comments on the rule through September 15, 2025. Additionally, the agency will hold a virtual public hearing on August 19 and 20, 2025. EPA will use the feedback to inform how it will proceed in the rulemaking process.
Key to remember: EPA has proposed a rule to rescind the 2009 Endangerment Finding and repeal GHG emissions standards for new motor vehicles and vehicle engines.
Most Recent Highlights In Transportation
NewsHazardous WasteWaste/HazWasteWasteIn-Depth ArticleSolid WasteEnglishIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyWasteEnvironmentalFocus AreaUSA
2025-07-30T05:00:00Z
Navigating EPA’s Solvent-Contaminated Wipes Rule: A guide for employers
In an effort to streamline hazardous waste regulations and encourage responsible practices, the Environmental Protection Agency (EPA) finalized the Solvent-Contaminated Wipes Rule in 2013 (codified under 40 CFR 261.4(a)(26) for exclusions and 261.4(b)(18) for exemptions). The rule makes it easier for businesses to manage certain used rags and wipes. If your company uses rags or shop towels with cleaning solvents on them, this rule can help you reduce the regulatory burden of managing wipes as hazardous waste, but only if you follow EPA’s conditions closely.
What is the Solvent-Contaminated Wipes Rule?
EPA’s rule states that used wipes with certain cleaning solvents on them do not have to be treated as hazardous waste. The types of wipes or rags that apply are:
- Reusable wipes such as cloth shop towels that are laundered and reused; and
- Wipes like paper towels or single-use rags that are disposed of as solid waste or incinerated for energy.
What types of wipes and solvents qualify?
It is important to remember that this rule only applies to wipes that are used with specific types of solvents. So, if the rags are contaminated with oils, paints, or other types of chemicals, they would not qualify for the exemption. Also, the wipes cannot be dripping wet or, as EPA states, the wipes contain “no free liquids.” Common solvents allowed under the rule are:
- Acetone,
- Isopropyl alcohol,
- Methyl ethyl ketone (MEK),
- Toluene, and
- Xylene.
How to manage wipes that are exempt:
- Store wipes correctly — used wipes should be kept in sealed and leak-proof containers that are labeled as “Excluded solvent-contaminated wipes” and only opened when adding or removing wipes.
- No free Liquids — wipes must not drip or leak solvent. A common way to test for this is using a basic “paint filter test” (if liquid drips through, it fails). Free liquids that are removed must be treated as hazardous waste.
- Time limits — generators may accumulate wipes for up to 180 days from the start date of accumulation.
- Use approved facilities — if you are reusing wipes, send them to a permitted industrial laundry or cleaning service. If you are disposing of wipes, send them to a permitted landfill or incinerator.
- Keep records — keep records for at least three years, and include where the wipes were sent, what solvent was used, and when the wipes were shipped off-site.
State Implementation
While EPA's rule applies at the federal level, states with authorized Resource Conservation and Recovery Act (RCRA) programs may have more stringent or different rules. For example, California does not adopt this exclusion and regulates solvent wipes as hazardous waste unless they are truly clean. Employers should always check with their state environmental agency to confirm alignment with or differences from the federal rule.
The Solvent-Contaminated Wipes Rule is a great opportunity for businesses to reduce waste costs and paperwork — but only if you follow the conditions. With good storage, labeling, and recordkeeping, most shops and facilities can stay in compliance without too much trouble. It is an easy way to stay legal and keep operations running smoothly.
Key to remember: EPA allows certain solvent-contaminated wipes to be excluded from hazardous waste if they’re managed and stored properly, contain no free liquids, are labeled correctly, and are sent to approved facilities within 180 days.
NewsIndustry NewsEnvironmental Protection Agency (EPA)Renewable and Alternative EnergyBiofuelCAA ComplianceEnvironmentalIn-Depth ArticleRenewable and Alternative EnergyEnglishFocus AreaUSA
2025-07-29T05:00:00Z
Renewable Fuel Standard: Route to compliance for refiners and importers
Compliance with the Renewable Fuel Standard (RFS) program can seem just as intimidating as driving on a multi-level interchange in a major city that you’ve never been to before. Thankfully, helpful guidance (like a reliable GPS) can help gasoline and diesel refiners and importers route a path to success.
The Environmental Protection Agency (EPA) issued a partial waiver on July 7, 2025, that lowers the 2024 renewable fuel volume requirement for cellulosic biofuel. As a result, refiners and importers have a lower volume threshold to meet for this category of renewable fuel. EPA’s recent action highlights the key to the program: volume requirements.
Use this road map of the basics to understand how refiners and importers of gasoline and diesel comply with the RFS program.
Starting destination: About the program
The RFS program (see 40 CFR Part 80 Subpart M) requires gasoline and diesel fuel (called transportation fuel) that’s sold in the U.S. to contain a specific volume of renewable fuel. There are four renewable fuel categories:
- Advanced biofuel,
- Biomass-based diesel (or BBD),
- Cellulosic biofuel, and
- Total renewable fuel.
The route to compliance for refiners and importers that produce, distribute, and sell transportation fuel consists of annual standards, volume requirements, and demonstration.
Stop 1: Discover the annual standards
EPA sets national annual volume requirements for renewable fuel that must be blended into the U.S. market’s total amount of transportation fuel. The agency establishes volumes for each renewable fuel category in addition to corresponding percentage standards.
For example, EPA’s waiver for cellulosic biofuel lowered the 2024 annual volume requirement to 1.01 billion gallons and the percentage standard to 0.59 percent, due to lower-than-expected production volume.
Stop 2: Calculate the volume requirements
Refiners and importers of transportation fuel (“obligated parties”) use the annual percentage standards to determine the number of gallons of gasoline or diesel fuel they must blend individually.
Obligated parties have to meet Renewable Volume Obligations (RVOs) for each type of renewable fuel. RVOs are based on the amount of fuel the parties produce or import (essentially, their share of total transportation fuel). They calculate individual RVOs using this formula:
- Gasoline and diesel production or import volume x Annual percentage standard + Any carryover deficit from the previous year
Consider an example using the amended 2024 requirements for cellulosic biofuel with these factors:
- A production/import volume of 500,000 gallons,
- An annual percentage standard of 0.59 percent, and
- A carryover deficit of 0.
- RVO = 500,000 x 0.59 percent + 0
In this example, the RVO for cellulosic biofuel in 2024 is 2,950 gallons.
Stop 3: Demonstrate compliance
Obligated parties must demonstrate compliance with their individualized RVOs annually. To do so, they need to obtain and retire enough Renewable Identification Numbers (RINs) to meet the RVO for each renewable fuel category (80.1434(a)(1)).
Obligated parties can get RINs by:
- Purchasing batches of renewable fuel and the RINs assigned to them, and/or
- Purchasing RINs that are no longer assigned to batches of renewable fuel.
Let’s look at a common path to obtaining RINs using a fuel blender:
- Fuel is generated.
- RINs are generated and assigned to the renewable fuel a producer makes. (One RIN represents one ethanol-equivalent gallon of renewable fuel.)
- An entity produces or imports nonrenewable fuel. The refiner or importer becomes an obligated party subject to RVOs.
- Fuel is blended.
- A blender purchases renewable fuel with the assigned RINs from the renewable fuel producer and nonrenewable fuel from the obligated party.
- The blender combines the renewable and nonrenewable fuels.
- RINs are separated.
- Once the fuels are blended, the blender separates the RINs from the renewable fuel.
- A service station purchases the blended fuel (without the RINs), and the blender sells/trades the RINs.
- Obligated parties can purchase separated RINs to meet their RVOs.
- RIN transactions are recorded.
- The obligated party records each purchase and sale of RINs it makes into the EPA Moderated Transaction System (EMTS). The EMTS tracks all RIN transactions.
- RINs are retired and/or carried over.
- The obligated party retires the RINs needed to meet the RVO for all four renewable fuel categories (usually at the end of the compliance year).
- If the obligated party has a surplus of RINs that didn’t have to be retired, the party can either:
- Carry over the RINs into the next compliance year (after which they can’t be used for compliance), or
- Sell the surplus RINs.
Final destination: Compliance
Obligated parties report the retired RINs in their annual compliance report (80.1451(a)(1)).
Key to remember: The route to successful compliance with the Renewable Fuel Standard program for gasoline and diesel refiners and importers consists of annual standards, volume requirements, and demonstration.
NewsIndustry NewsIndustry NewsWaste/HazWasteWasteEnvironmental Protection Agency (EPA)Waste ManagementEnvironmentalLand Disposal RestrictionsSolid WasteEnglishFocus AreaUSA
2025-07-24T05:00:00Z
EPA offers CCR facilities delayed reporting option and extends compliance deadlines
The Environmental Protection Agency (EPA) issued a direct final rule that adds a reporting option for regulated coal combustion residuals (CCR) facilities and extends compliance deadlines for CCR facilities with CCR management units (CCRMUs). These units include (a) inactive CCR landfills and (b) closed CCR surface impoundments and landfills.
Who’s impacted?
The direct rule applies to facilities subject to EPA’s final rule published in 2024 (2024 Legacy Rule), including:
- Active CCR facilities, and
- Inactive CCR facilities with inactive surface impoundments (i.e., legacy CCR surface impoundments).
The 2024 Legacy Rule established regulations for:
- Legacy CCR surface impoundments, and
- CCRMUs at active CCR facilities and legacy CCR surface impoundments.
What are the changes?
The 2024 regulations (40 CFR Part 257 Subpart D) require active CCR facilities and legacy CCR surface impoundments to submit the Facility Evaluation Report (FER) Part 1 and FER Part 2 that identify any CCRMUs of 1 ton or more on-site.
Facilities with CCRMUs must also:
- 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 report, and
- Comply with closure and post-closure care obligations.
EPA’s 2025 direct final rule gives regulated facilities the option to:
- Submit FER Parts 1 and 2 by their original individual deadlines, or
- Submit FER Parts 1 and 2 together by February 8, 2027.
The rule also delays the compliance timelines for related CCRMU requirements.
Requirement | 2024 Legacy Rule deadline | 2025 direct final rule deadline |
FER Part 1 | February 9, 2026 | February 9, 2026, or February 8, 2027 |
FER Part 2 | February 8, 2027 | February 8, 2027 |
CCR website | February 9, 2026 | February 9, 2026, or February 8, 2027 |
Groundwater monitoring requirements | May 8, 2028 | August 8, 2029 |
Initial annual report | January 31, 2029 | January 31, 2030 |
Closure/post-closure care plan | November 8, 2028 | February 8, 2030 |
Initiate closure | May 8, 2029 | August 8, 2030 |
About the proposed rule
In conjunction with the direct final rule, EPA published a proposed rule to obtain public feedback on further delaying the FERs. The rule offers two compliance timeline options for the evaluation reports:
- Submit FER Part 1 by February 8, 2027, and FER Part 2 by February 8, 2028; or
- Submit FER Parts 1 and 2 by February 8, 2028.
Additionally, the proposed rule adjusts the deadlines for the other compliance requirements to 12 months from the 2024 Legacy Rule deadlines. The only exception is the CCR website requirement, which corresponds to the FER Part 1 submission date; it could be delayed for up to 24 months.
If EPA receives adverse comments on the direct final rule, the agency will publish a withdrawal of the specific requirements that won’t take effect. The remaining regulations in the direct final rule will take effect. If the agency determines (based on public feedback) to extend the FER Part 2 deadline by 12 months, the agency will withdraw the 2025 direct final rule and conduct the standard rulemaking procedures to apply the extension.
Key to remember: EPA offers active and inactive coal combustion residuals (CCR) facilities an alternative option to comply with the Facility Evaluation Report and adjusts the compliance timelines for regulations related to CCR management units.
NewsHazardous WasteIndustry NewsWaste/HazWasteWasteExpert InsightsCAA ComplianceEnvironmentalCWA ComplianceEnglishFocus AreaUSA
2025-07-18T05:00:00Z
Expert Insights: Where compliance meets safety — a lesson from the floor
In the world of industrial operations, environmental compliance and workplace safety are often treated as parallel tracks. But in truth, they’re deeply intertwined and two sides of the same coin. Nowhere is this more evident than in the management of hazardous waste and chemical storage.
I recall a visit to a mid-sized manufacturing facility in the Midwest a few years ago. The team had recently undergone a rigorous inspection by the Environmental Protection Agency and proudly walked me through their updated hazardous materials storage area. Everything looked pristine with clearly labeled drums, secondary containment, and a digital tracking system for waste manifests. But as we rounded a corner, I noticed an unlabeled 55-gallon drum tucked behind a stack of pallets. It was leaking.
The safety manager’s face fell. “That’s from a maintenance crew swap last week,” the manager admitted. “It slipped through the cracks.”
That single oversight triggered a cascade of actions: an internal safety audit, retraining on labeling protocols, and a temporary halt to operations in that zone. Fortunately, no one was harmed, but it was a stark reminder that environmental compliance isn’t just about avoiding fines. It’s about protecting people.
When hazardous waste is mismanaged, the risks extend beyond environmental damage. Improper storage can lead to chemical reactions, fires, or toxic exposures. Compliance frameworks like the Resource Conservation and Recovery Act (or RCRA) and OSHA’s Hazardous Waste Operations and Emergency Response (known as HAZWOPER) standard exist not just to satisfy regulators but also to safeguard the very people who keep our industries running.
As we continue to navigate evolving regulations and sustainability goals, let’s remember: every label, every log, and every inspection is a step toward a safer, healthier workplace. Compliance isn’t a checkbox; it’s a commitment.
NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
2025-07-10T05:00:00Z
Workplace chemical protection program: A look at the basics
Chemical substances appear in nearly every type of workplace, but what happens when a chemical substance is found to unreasonably endanger the health of workers and others who encounter it? The law mandates that environmental regulations be implemented to reduce or eliminate such risks. That’s where a workplace chemical protection program (WCPP) comes in. It’s designed to protect individuals who are or may be exposed to potentially harmful chemical substances.
Take, for example, the Environmental Protection Agency’s (EPA’s) December 2024 final rule on trichloroethylene (TCE), which ultimately bans all uses of the chemical. But, the rule allows certain industrial and commercial uses to continue for a limited time if facilities comply with the rule’s WCPP.
It’s important to note that on June 23, 2025, EPA delayed the effective date for WCPP requirements that apply to the Toxic Substances Control Act’s (TSCA’s) Section 6(g) exemptions (40 CFR 751.325) to August 19, 2025. However, the delay doesn’t apply to nonexempt industrial and commercial uses with longer phaseout timelines (751.305), such as using TCE as a processing solvent in battery manufacturing.
Discover what to expect if your facility becomes subject to a WCPP.
What’s a WCPP?
When specific uses of chemical substances (i.e., conditions of use) in an occupational setting may pose unreasonable risks of injury to employees or the environment, Section 6 of TSCA requires EPA to develop regulations that reduce or mitigate those risks. The agency implements WCPPs to address the risks.
A WCPP requires covered entities to take certain actions in the workplace that shield individuals who engage with the conditions of use from inhalation and/or dermal risk.
Who’s subject to a WCPP?
The requirements of a WCPP may apply to entities that manufacture (including import), process, distribute in commerce, use, or dispose of a TSCA-regulated chemical substance.
The WCPP program extends beyond those who directly handle a regulated chemical substance to anyone in the workplace who’s exposed or who could be exposed to it (e.g., employees, independent contractors, volunteers, etc.).
What are the components of a WCPP?
A WCPP generally consists of multiple elements:
- Exposure limits, such as Existing Chemical Exposure Limits (ECELs), set the amount or concentration of a chemical substance that can be in the air.
- ECEL action levels establish airborne concentration limits that, if exceeded, activate additional requirements (like more frequent monitoring).
- Exposure monitoring measures and compares air concentration levels to the exposure limits.
- Regulated areas establish where airborne concentrations of the chemical substance are above or have a reasonable possibility to go above exposure limits. Facilities limit access to these areas to control exposure.
- An Exposure Control Plan documents the selection and implementation of controls used to reduce exposure. It's developed according to the hierarchy of controls, which mandates that the most protective actions used to reduce hazardous exposures be considered first. The general order is elimination, substitution, engineering controls, administrative controls, and then personal protective equipment (PPE) use.
- Dermal and inhalation control measures may consist of direct dermal contact control measures (like removing the chemical substance at the source before a worker encounters it) and PPE use (such as requiring workers to wear chemical-resistant gloves or use respirators when handling the chemical substance).
- Training applies to workers who are or could be exposed to the chemical substance and typically covers multiple elements of the WCPP (work processes, proper PPE use, and exposure controls, for example).
- Recordkeeping demonstrates compliance with the WCPP. Facilities usually have to maintain records of monitoring results, Exposure Control Plans, regulated areas and those authorized to use them, training, and PPE programs.
- Downstream notifications alert others in the supply chain of WCPP requirements. Manufacturers, processors, and distributors generally provide the required information on a chemical substance’s Safety Data Sheet.
Know the chemical-specific requirements
If your facility is subject to a WCPP, it’s essential to know the regulations that apply to the specific chemical substance. The chemical’s rule will define the conditions of use to which the WCPP applies and may contain different or additional requirements. Also, state or local regulations may have stricter rules that dictate how (and if) your facility can use the chemical substance.
Key to remember: Facilities that use TSCA-regulated chemical substances may have to comply with EPA’s workplace chemical protection program to protect workers and other exposed individuals from unreasonable health risks.
Most Recent Highlights In Safety & Health
NewsEnforcement and Audits - OSHAToxic Substances Control Act - EPAToxic Subtances Control Act - EPAPersonal Protective EquipmentTSCA ComplianceMonthly Roundup VideoUSAEnglishHeat StressIndustry NewsHeat and Cold ExposureEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyGeneral Duty ClauseEnvironmentalRespiratory ProtectionGeneral Duty ClauseFocus AreaVideo
EHS Monthly Round Up - June 2025
In this June 2025 monthly roundup video, we'll review the most impactful environmental health and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what’s happened over the last month!
Two never-before-mentioned rulemakings reached the Office of Management and Budget for review on June 18. The two actions (one on respiratory protection and the other on the General Duty Clause) are only at the proposed rule stage, so stakeholders will have a chance to comment. At this time, it’s unclear whether the proposals are regulatory or de-regulatory. We’ll provide an update in a future monthly roundup as more information becomes available.
OSHA updated its Site-Specific Targeting program to reflect the use of Form 300A data for calendar years 2021 through 2023. This is OSHA’s primary planned inspection program for general industry establishments with 20 or more employees with the highest injury and illness rates. OSHA uses the data to target establishments for inspection.
Each year, backover incidents lead to serious injuries and fatalities in construction zones and workplaces. These incidents happen when drivers lose sight of people, objects, or vehicles behind them. To help prevent these incidents, OSHA launched #MirrorCheck, an initiative to raise awareness of safe work practices that can prevent backovers.
Effective June 27, Kentucky’s occupational safety and health standards are limited to those enforced by federal OSHA. The state will no longer adopt, promulgate, or enforce rules that are more stringent than federal OSHA. Kentucky operates an OSHA-approved State Plan covering most private sector workers and all state and local government workers.
As part of its Heat Illness Prevention campaign, OSHA has added two new resources for employers. One is a customizable guide for creating a toolbox talk on handling heat emergencies. The other explains the risks of heat illness for young workers.
And finally, turning to environmental news, EPA has again delayed the deadline for submitting data on 16 chemical substances required by the Toxic Substances Control Act Health and Safety Data Reporting rule. Manufacturers now have until May 22, 2026, to report on all of the covered chemical substances.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
NewsAir QualityIndustry NewsCAA ComplianceEnvironmentalIn-Depth ArticleFocus AreaEnglishAir ProgramsUSA
2025-07-03T05:00:00Z
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.
NewsIndustry NewsWaste/HazWasteEmpty ContainersWasteEnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
2025-06-25T05:00:00Z
The compliance trap of “empty” containers
At first glance, an empty container seems like a non-issue — no product, no problem. But in the eyes of regulators, “empty” is a carefully defined status that can determine whether a container is harmless or still subject to hazardous waste rules, labeling, and fire or environmental risk controls. The Environmental Protection Agency (EPA) and OSHA have detailed definitions of what “empty” truly means. Misunderstanding these rules can lead to serious incidents, hefty fines, and unintentional noncompliance.
The EPA definition: “RCRA empty” explained
Under the Resource Conservation and Recovery Act (RCRA), a container that once held hazardous waste is only legally “empty” if it meets particular criteria outlined in 40 CFR 261.7. The first standard that must be satisfied is that all material has been removed from the container using normal means such as pouring, pumping, or aspirating. Secondly, no more than 2.5 centimeters or 1 inch of residue remains on the container's bottom or inner lining. Alternatively, if the container holds 119 gallons or less, it is empty if no more than 3 percent of the total weight exists, or, if the container holds more than 119 gallons, it is empty if no more than 0.3 percent of the total weight exists.
Of course, sometimes special circumstances require further evaluation. For example, a gas cylinder is not empty until the pressure has reduced to atmospheric levels, and acute hazardous waste containers must be triple rinsed with an appropriate solvent or cleaned by another approved method. If these conditions are not met, the container is still legally considered to contain hazardous waste, even if it feels empty.
The OSHA definition: “Empty” under the Hazard Communication Standard
While EPA focuses on environmental disposal and waste management, OSHA’s concern with empty containers centers on worker safety, particularly the potential for exposure to hazardous residues or vapors. Under OSHA’s Hazard Communication Standard (29 CFR 1910.1200), a container that previously held hazardous chemicals must retain its original hazard label until it is adequately cleaned or until the employer removes the label following proper decontamination procedures. For example, a drum labeled “Flammable” must keep this label even if it appears empty, as residual material or vapors may still pose a significant ignition or fire risk. Removing such labels prematurely could lead to workplace hazards and violations of OSHA regulations.
How to stay compliant
Employers must first clearly determine which rules apply to them: whether the container held hazardous materials governed by EPA regulations, hazardous chemicals subject to OSHA requirements, or both. Emptying procedures should be followed, including properly draining the container, performing triple-rinsing when required, and thoroughly documenting all decontamination activities. Original hazard labels must be maintained on containers until they are thoroughly cleaned or reconditioned, as removing labels prematurely violates OSHA’s Hazard Communication Standard. Additionally, employers should provide employees with training on the proper handling, labeling, and disposal of containers and ensure they fully understand what constitutes an empty container under federal standards. Finally, a detailed record of all rinsing, draining, and cleaning processes should be maintained to demonstrate compliance during EPA or state inspections.
Keys to remember: Employers should educate their teams, enforce proper cleaning procedures, and maintain compliance records to ensure they are staying compliant with “empty” container standards.
NewsIndustry NewsEnvironmental Protection Agency (EPA)Oil Spill PreventionOil Spill PreventionEnvironmentalIn-Depth ArticleCWA ComplianceEnglishFocus AreaUSA
2025-06-20T05:00:00Z
The spill on tiers for SPCC Plans
When it comes to oil spill prevention, it’s a good thing to be in “tiers.” Why? It’s because Tier I or Tier II qualified facilities have simplified requirements for the Spill Prevention, Control, and Countermeasure (SPCC) Plan.
The Environmental Protection Agency (EPA) requires facilities subject to the SPCC rule (40 CFR Part 112) to develop and implement a plan that describes how they will use operating procedures, control measures, and countermeasures to prevent oil spills from reaching navigable waters or adjoining shorelines. Typically, SPCC Plans must be certified by a professional engineer (PE), but qualified facilities can self-certify the plans.
Let’s compare Tier I and Tier II qualified facilities.
Qualified facilities
A qualified facility:
- Has a total aboveground oil storage capacity of 10,000 gallons or less, and
- Hasn’t had over the past three years either:
- One oil discharge greater than 1,000 gallons, or
- Two oil discharges greater than 42 gallons each within any 12-month period.
The SPCC rule identifies two types of qualified facilities:
- A Tier I qualified facility has no aboveground oil containers greater than 5,000 gallons.
- A Tier II qualified facility has an individual aboveground oil container greater than 5,000 gallons.
SPCC Tier Tip: EPA provides a fact sheet (Spill Prevention Control and Countermeasure (SPCC) Plan Qualified Facilities Applicability) to help facilities determine eligibility as a qualified facility and (if applicable) which tier applies.
What are the similarities?
Tier I and Tier II qualified facilities are subject to many of the same requirements for SPCC Plans, including basic requirements, certification, and updates to qualification changes.
Basic requirements
All qualified facilities have to develop and implement a written SPCC Plan. Each plan is unique to the facility, but all plans must include:
- Operating procedures to prevent oil spills;
- Control measures to prevent oil spills from reaching navigable waters or adjoining shorelines; and
- Countermeasures to contain, clean up, and mitigate oil spills that reach navigable waters or adjoining shorelines.
Certification
The primary similarity is that Tier I and Tier II qualified facilities may self-certify their SPCC Plans and amendments to the plan.
SPCC Tier Tip: Some states may not allow self-certification. EPA recommends checking with the state engineer licensing board to determine whether SPCC Plans can be self-certified.
Qualification changes
When the status of a facility changes, the owner or operator must prepare and implement an SPCC Plan according to the requirements that apply to its new designation within six months.
Tier I facilities may still be able to self-certify if they meet the Tier II criteria; if so, these facilities can comply with the Tier II rules. However, facilities that are no longer eligible as qualified facilities have to comply with the full SPCC Plan requirements, including obtaining PE certification of the plan.
What are the differences?
The primary difference between Tier I and Tier II facilities is the extent of the SPCC Plan. Additionally, Tier II facilities may employ certain alternative spill control methods.
Type of SPCC Plan
Tier I qualified facilities may use the template in Appendix G of Part 112 as their SPCC Plan. It’s a simplified plan that only contains the requirements applicable to Tier I facilities.
These facilities must also:
- Add failure analysis to the plan (including predicted directions and total quantity of oil that could be discharged for each major equipment failure) if there’s a reasonable potential for equipment failure;
- Install bulk storage secondary containment or an alternative system with a drainage trench enclosure (including for mobile or portable containers); and
- Establish a system or procedure to prevent container overfills, describe the system or procedure in the SPCC Plan, and regularly test the system or procedure to ensure it works.
Tier II qualified facilities have to develop a full SPCC Plan that complies with 112.7 and the applicable requirements of Subparts B and C of Part 112. This includes developing facility diagrams.
Alternative compliance methods
Tier II qualified facilities (with certification) may implement certain alternative measures and methods that Tier I facilities can’t. Tier II facilities must obtain written certification from a PE to include:
- Alternative spill prevention, control, or countermeasure methods that provide the same environmental protection as the required methods;
- Alternative measures where secondary containment is impracticable; and
- Alternative procedures for skimming produced water containers instead of using sized secondary containment.
Qualified facilities, whether Tier I or Tier II, benefit from the ability to self-certify their SPCC Plans. That’s something that can make owners and operators “tier” up with happiness.
Key to remember: Tier I and Tier II qualified facilities share many similarities under the SPCC rule, but knowing where the requirements differ is vital to maintaining compliance.
NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceFall ProtectionMonthly Roundup VideoFall Protection for ConstructionMiningUSAHazard CommunicationEnglishHeat StressIndustry NewsHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetySpecialized IndustriesEnvironmentalHazard CommunicationMine SafetyFocus AreaVideo
EHS Monthly Round Up - May 2025
In this May 2025 roundup video, we'll review the most impactful environmental health and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let's take a look at what happened over the last month!
OSHA will host an informal public hearing on its proposed Heat Injury and Illness Prevention rule on June 16. Information about the proposed rule and instructions on how to watch the hearing can be found on OSHA’s website.
OSHA’s National Safety Stand-Down to Prevent Falls in Construction event, held the week of May 5, raised awareness of fall hazards in an effort to help prevent injuries and fatalities. Slips, trips, and falls were the leading cause of death in the construction industry in 2023, accounting for 421 fatalities.
After concluding its investigation of a California chemical facility fire, the Chemical Safety and Hazard Investigation Board is calling for improved heater safeguards to prevent similar incidents. The fire was caused by an overheated refinery furnace. The Board also made several safety recommendations for chemical facilities.
Following a number of recent fall incidents, the Mine Safety and Health Administration issued a safety alert advising miners to use fall protection. The most recent incident occurred when a miner fell from the deck of a bulldozer.
Turning to environmental news, EPA further delayed the PFAS manufacturing report submission period. The date was moved from July 11, 2025, to April 13, 2026. This is a one-time reporting requirement for manufacturers of per- and polyfluoroalkyl, or PFAS, substances.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
Most Recent Highlights In Human Resources
NewsIndustry NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceEnvironmental Protection Agency (EPA)EnvironmentalEnglishFocus AreaUSA
2025-06-05T05:00:00Z
Agency again delays submission deadline for TSCA Section 8(d) health and safety data
The Environmental Protection Agency (EPA) has again delayed the deadline for submitting data on 16 chemical substances required by the Toxic Substances Control Act (TSCA) Health and Safety Data Reporting rule. Manufacturers (including importers) now have until May 22, 2026, to report on all of the covered chemical substances.
What’s required?
The TSCA Section 8(d) Health and Safety Data Reporting rule (40 CFR Part 716) requires manufacturers (including importers) of 16 chemical substances to report data from:
- Unpublished health and safety studies; and
- Unpublished studies on environmental effects and occupational, general population, and consumer exposure.
The covered chemical substances include:
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Note that EPA’s first extension in March 2025 moved the submission deadline for vinyl chloride to June 11, 2025, and for the remaining 15 chemical substances to September 9, 2025. This rule pushes the submission deadline for all chemical substances (including vinyl chloride) to May 22, 2026.
Who’s covered?
The rule applies to manufacturers in the North American Industrial Classification System (NAICS) codes for chemical manufacturing (NAICS code 325) and petroleum refineries (NAICS code 324110) that:
- Currently manufacture (including import) a covered chemical substance, or
- Manufactured (including imported) or proposed to manufacture (including import) a covered chemical substance within the past 10 years.
The reporting requirement also applies to manufacturers of substances for commercial purposes that coincidentally produced a covered chemical substance during the manufacture, processing, use, or disposal of another substance or mixture (including byproducts and impurities).
How do you report?
Reporters submit the TSCA Section 8(d) data via the Chemical Information Submission System (or CISS) tool on the Chemical Safety and Pesticide Program (CSPP) system. The CSPP is accessed through EPA’s Central Data Exchange.
Key to remember: Manufacturers now have even more time to submit TSCA Section 8(d) health and safety data reports for 16 chemical substances.
NewsIndustry NewsSuperfundCERCLA, SARA, EPCRA CERCLA, SARA, EPCRASARA ComplianceEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishSARA ComplianceFocus AreaUSA
2025-06-03T05:00:00Z
Conduct AAI before you buy: Shield against Superfund liability
There’s one question that all potential purchasers should ask before buying an industrial or commercial property: Could the business be held liable for hazardous substance contamination? The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also called “Superfund,” allows the Environmental Protection Agency (EPA) to make both current and past facility owners and operators responsible for cleaning up sites contaminated by hazardous substances.
However, CERCLA offers liability protections to landowners and potential purchasers who didn’t cause or contribute to property contamination if they meet specific requirements, including conducting All Appropriate Inquiries (AAI).
Here’s how AAI can shield your organization from Superfund liability.
What’s AAI?
EPA defines AAI as “the process of evaluating a property’s environmental conditions and assessing potential liability for any contamination.” It encompasses the activities required by the AAI rule (40 CFR Part 312) to:
- Establish current and past uses and ownerships of the property; and
- Identify conditions that indicate releases or threatened releases of hazardous substances on, at, in, or to the property.
Potential property owners must comply with the AAI rule to claim protection from CERCLA liability. They may use one of three landowner defenses:
- Innocent landowners (who didn’t know and had no reason to know before purchase that the property was contaminated),
- Contiguous property owners (who didn’t know and had no reason to know before purchase that the property is or may be contaminated by a neighboring property), or
- Bona fide prospective purchasers (who knew or had reason to know before the purchase that the property was contaminated but were allowed to purchase it by meeting and continuing to meet certain criteria).
Who’s required to comply?
You must meet the AAI requirements if you plan to purchase a property for nonresidential use and may want to use CERCLA liability protections for hazardous substance releases or threatened releases after purchase.
The AAI rule requires an environmental professional to conduct most of the activities (312.21), but it also contains provisions that the potential owner must meet (312.22).
Who qualifies as an environmental professional?
An environmental professional has the needed background to identify conditions of a property that indicate releases or threatened releases of hazardous substances. According to 312.10, an environmental professional needs:
- A current professional engineer’s or professional geologist’s license or registration and three years of relevant work experience,
- A government-issued license or certification to perform environmental inquiries and three years of relevant work experience,
- A bachelor’s degree or higher in engineering or science and five years of relevant work experience, or
- Ten years of relevant work experience.
What’s required to comply?
The AAI rule lists the actions needed to qualify for CERCLA liability protection using the landowner defenses. All AAI tasks must be completed before acquiring the property. Most tasks need to be completed within one year prior to purchasing a property. However, a handful of actions must happen within 180 days before purchase:
- Interviews,
- Environmental cleanup lien searches,
- Governmental record reviews,
- Visual inspections, and
- Declaration by the environmental professional.
The environmental professional:
- Interviews current and past property owners, operators, and occupants;
- Reviews historical information sources;
- Reviews government records;
- Conducts visual inspections of the facility and adjoining properties;
- Reviews commonly known or reasonably ascertainable property information; and
- Assesses the degree of obviousness of the presence or likely presence of property contamination and the ability to detect the contamination.
The potential landowner:
- Searches for environmental cleanup liens not provided by the environmental professional,
- Assesses any personal specialized knowledge or experience,
- Assesses the relationship of the purchase price to the fair market value if the property isn’t contaminated, and
- Obtains any commonly known or reasonably ascertainable property information not provided by the environmental professional.
Report the results
The AAI results must be documented in a written report that’s signed by the environmental professional. It must include:
- The environmental professional’s determination of whether the property has conditions that indicate releases or threatened releases of hazardous substances,
- Any data gaps that impacted the ability to identify such conditions and how the missing information impacted the determination,
- The environmental professional’s qualifications, and
- The required certification statements at 312.21(d).
Get guidance from industry standards
The regulations don’t provide specific requirements for the AAI format, and although the rules outline the actions you must take, it can be daunting to implement AAI without further guidance.
Consider using industry standards! EPA even references ASTM International Standards at 312.11 that you can use to comply.
Key to remember: Potential landowners can shield themselves from CERCLA liability for hazardous substance contamination by conducting All Appropriate Inquiries.
2025-05-27T05:00:00Z
Site Announcement: New Homepage Coming Soon!!!
Thank you to all our members that have taken the time to provide the Compliance Network team with feedback on what they like and do not like about the site. We have taken this feedback to heart and have redesigned the homepage to better serve our members. Our goal is to make finding the information you need easier and faster.
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NewsIndustry NewsEnvironmental Protection Agency (EPA)CAA ComplianceEnvironmentalIn-Depth ArticleFocus AreaEnglishAir PermittingAir ProgramsAir ProgramsUSA
2025-05-23T05:00:00Z
Title V operating permits: Comply, certify, repeat
A Title V operating permit is a legally enforceable document with the federal and state air emissions regulations that a facility must meet to operate. One requirement that applies to all Title V permit holders is the annual compliance certification. It answers whether a facility fulfills the permit’s terms and conditions (such as emissions limits, monitoring, recordkeeping, and reporting).
Whether the Environmental Protection Agency (EPA) or a state or local regulatory agency issues the Title V permit, your facility must complete the annual compliance certification.
Discover what your facility needs to comply, certify, and repeat.
What’s required?
Facilities submit annual compliance certifications to the Title V permitting authority, which is usually a state or local regulatory agency (40 CFR 70.6). An EPA Regional Office serves as the permitting authority (71.6) for federally issued permits.
Title V tip: Check the state or local regulations for Title V compliance certification rules. They may require more frequent submissions and additional information.
At a minimum, the annual compliance certification covers two major areas for every permit term or condition:
- The compliance methods, and
- The compliance status.
Let’s take a closer look at each element.
Compliance methods
Your facility’s compliance methods are the ways it tracks whether it’s meeting the Title V permit requirements or not. When a term or condition isn’t met (like exceeding an emission limit), it’s known as a deviation.
Compliance methods consist of monitoring, recordkeeping, and reporting:
- Monitoring includes the procedures, test methods, and equipment used to track compliance data.
- Recordkeeping covers:
- The date, place, and time of monitoring;
- The date when monitoring results were analyzed, the entity that conducted the analysis, the analytical methods used, and the results; and
- The operating conditions during monitoring.
- Reporting consists of semiannual monitoring reports and deviation reports (which list the deviation, the applicable permit requirement, the probable cause, and any corrective or preventive actions).
Compliance status
Three questions determine the compliance status of each permit requirement during the covered period:
- Did the facility comply with the requirement?
- Was compliance continuous or intermittent?
- Were any deviations a “possible exception to compliance"?
Intermittent vs. continuous compliance
For each permit term or condition, your facility has intermittent compliance if it doesn’t meet the requirements at any time during the covered period. Your facility achieves continuous compliance only if it:
- Performs the necessary compliance methods,
- Has no unexcused deviations, and
- Records no contrary evidence.
Possible exception to compliance
EPA defines a possible exception to compliance as “any periods during which compliance is required and in which an excursion or exceedance … occurred” (70.6(c)(5)(iii)(C)).
Simply put, a possible exception to compliance is a deviation that occurs when compliance is mandated. If compliance isn’t required or another permit requirement excuses it, the deviation isn’t a possible exception.
How do I submit a compliance certification?
Your facility’s Title V permit provides instructions for how to submit the annual compliance certification, including the required forms and methods (via mail or electronic submission). You can also confirm requirements with your permitting authority. Generally, federally permitted facilities use the Annual Compliance Certification (EPA Form 5900-04).
Title V tip: Electronic submissions may be an option through the Compliance and Emissions Data Reporting Interface (CEDRI) on EPA’s Central Data Exchange. Check with your permitting authority to determine whether you may submit the annual compliance certification electronically via CEDRI.
Annual compliance certification is vital to maintaining your Title V permit. Keep in mind: comply, certify, and repeat.
Key to remember: Facilities with a Title V operating permit must certify compliance with the requirements at least annually.
NewsIndustry NewsAir ProgramsCAA ComplianceEnvironmentalIn-Depth ArticleEnglishAir PermittingFocus AreaAir ProgramsUSA
2025-05-21T05:00:00Z
Compliance guide: Air regulations for emergency generator installation
In today's rapidly evolving energy landscape, businesses are turning to back-up emergency generators to keep operations running smoothly. Several key factors are driving this growing trend:
- Extreme heat and weather events
Climate change has led to more intense weather like hurricanes, wildfires, and heatwaves. These events put pressure on power grids, causing outages that disrupt business operations. Generators help by providing backup power during unexpected failures.
- Power demand from AI and data centers
Artificial intelligence (AI) and data centers need a lot of electricity. As these technologies grow, power grids struggle to keep up. Companies use generators to prevent power shortages and keep essential systems running.
- Grid reliability concerns
Aging infrastructure and unsteady energy supply from renewable sources can make electrical supply unstable. Industries like manufacturing, healthcare, and finance need steady power to avoid costly interruptions. Generators act as a safety net when the grid fails.
Compliance considerations
Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.
Air permits
•State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.
•In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.
•Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: NSR Permits.
(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)
•Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.
•The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.
•Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.
•After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits
EPA emission standards
The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.
These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.
Other Regulations
Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:
•Aboveground Storage Tank (AST) Requirements
•Spill Prevention Control and Countermeasure (SPCC) Plans
•EPCRA Tier II Reporting
Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.
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Most Popular Highlights In Environmental
NewsIndustry NewsPublicly Owned Treatment WorksWater ProgramsIndustrial WastewaterEnvironmentalIn-Depth ArticleCWA ComplianceEnglishFocus AreaUSA
2025-08-12T05:00:00Z
Smart pretreatment: How digital tools are transforming industrial wastewater management
Industrial wastewater pretreatment systems are evolving quickly. With tighter regulations, aging infrastructure, and rising costs, many facilities are turning to digital tools to modernize their operations. From real-time monitoring to predictive analytics, these technologies help permitted systems stay compliant, reduce risks, and improve performance.
Real-time monitoring improves oversight and response
One of the most important advancements is the use of real-time sensors and Supervisory Control and Data Acquisition (SCADA) systems. These tools allow operators to monitor key factors like pH, flow rate, temperature, and contaminant levels around the clock. If something goes out of range, alerts are sent immediately – helping prevent violations and environmental damage.
Automated sampling and reporting also make it easier to meet regulatory requirements. By reducing manual work and improving accuracy, facilities can respond faster to changes in discharge conditions. This is especially helpful in industries where wastewater characteristics vary, such as food processing or chemical manufacturing.
Predictive analytics and AI support proactive management
Beyond monitoring, predictive analytics and artificial intelligence (AI) help facilities anticipate problems before they happen. By analyzing past data, these systems can predict equipment failures, detect changes in influent quality, and recommend better chemical dosing strategies.
Such a proactive approach reduces downtime, lowers maintenance costs, and improves treatment results. It also helps with long-term planning by identifying trends that may point to needed upgrades or process changes.
Digital twins enable safer, smarter optimization
Some facilities are using digital twins – virtual models of their pretreatment systems. These models simulate real-world operations, allowing engineers to test changes in flow, chemical use, or equipment without affecting actual processes.
Digital twins are also useful for training. New staff can explore how the system works and practice emergency responses in a safe, controlled environment.
Cybersecurity and data protection are growing priorities
As more systems become connected, cybersecurity is a growing concern. Facilities must protect their digital systems from unauthorized access and data breaches. This includes using secure networks, encrypted communication, and regular system checks to ensure data is safe and reliable.
Looking ahead: integration and interoperability
The future of smart pretreatment lies in system integration. Facilities are looking for platforms that combine data from sensors, lab tests, maintenance logs, and compliance reports. When digital tools work together, operators get a clearer view of system performance and can make better decisions.
Key to Remember: Digital tools are no longer optional—they’re essential for modern industrial wastewater pretreatment. By adopting smart technologies, facilities can improve compliance, reduce costs, and support environmental goals.
NewsIndustry NewsEnvironmental Protection Agency (EPA)Renewable and Alternative EnergyBiofuelCAA ComplianceEnvironmentalIn-Depth ArticleRenewable and Alternative EnergyEnglishFocus AreaUSA
2025-07-29T05:00:00Z
Renewable Fuel Standard: Route to compliance for refiners and importers
Compliance with the Renewable Fuel Standard (RFS) program can seem just as intimidating as driving on a multi-level interchange in a major city that you’ve never been to before. Thankfully, helpful guidance (like a reliable GPS) can help gasoline and diesel refiners and importers route a path to success.
The Environmental Protection Agency (EPA) issued a partial waiver on July 7, 2025, that lowers the 2024 renewable fuel volume requirement for cellulosic biofuel. As a result, refiners and importers have a lower volume threshold to meet for this category of renewable fuel. EPA’s recent action highlights the key to the program: volume requirements.
Use this road map of the basics to understand how refiners and importers of gasoline and diesel comply with the RFS program.
Starting destination: About the program
The RFS program (see 40 CFR Part 80 Subpart M) requires gasoline and diesel fuel (called transportation fuel) that’s sold in the U.S. to contain a specific volume of renewable fuel. There are four renewable fuel categories:
- Advanced biofuel,
- Biomass-based diesel (or BBD),
- Cellulosic biofuel, and
- Total renewable fuel.
The route to compliance for refiners and importers that produce, distribute, and sell transportation fuel consists of annual standards, volume requirements, and demonstration.
Stop 1: Discover the annual standards
EPA sets national annual volume requirements for renewable fuel that must be blended into the U.S. market’s total amount of transportation fuel. The agency establishes volumes for each renewable fuel category in addition to corresponding percentage standards.
For example, EPA’s waiver for cellulosic biofuel lowered the 2024 annual volume requirement to 1.01 billion gallons and the percentage standard to 0.59 percent, due to lower-than-expected production volume.
Stop 2: Calculate the volume requirements
Refiners and importers of transportation fuel (“obligated parties”) use the annual percentage standards to determine the number of gallons of gasoline or diesel fuel they must blend individually.
Obligated parties have to meet Renewable Volume Obligations (RVOs) for each type of renewable fuel. RVOs are based on the amount of fuel the parties produce or import (essentially, their share of total transportation fuel). They calculate individual RVOs using this formula:
- Gasoline and diesel production or import volume x Annual percentage standard + Any carryover deficit from the previous year
Consider an example using the amended 2024 requirements for cellulosic biofuel with these factors:
- A production/import volume of 500,000 gallons,
- An annual percentage standard of 0.59 percent, and
- A carryover deficit of 0.
- RVO = 500,000 x 0.59 percent + 0
In this example, the RVO for cellulosic biofuel in 2024 is 2,950 gallons.
Stop 3: Demonstrate compliance
Obligated parties must demonstrate compliance with their individualized RVOs annually. To do so, they need to obtain and retire enough Renewable Identification Numbers (RINs) to meet the RVO for each renewable fuel category (80.1434(a)(1)).
Obligated parties can get RINs by:
- Purchasing batches of renewable fuel and the RINs assigned to them, and/or
- Purchasing RINs that are no longer assigned to batches of renewable fuel.
Let’s look at a common path to obtaining RINs using a fuel blender:
- Fuel is generated.
- RINs are generated and assigned to the renewable fuel a producer makes. (One RIN represents one ethanol-equivalent gallon of renewable fuel.)
- An entity produces or imports nonrenewable fuel. The refiner or importer becomes an obligated party subject to RVOs.
- Fuel is blended.
- A blender purchases renewable fuel with the assigned RINs from the renewable fuel producer and nonrenewable fuel from the obligated party.
- The blender combines the renewable and nonrenewable fuels.
- RINs are separated.
- Once the fuels are blended, the blender separates the RINs from the renewable fuel.
- A service station purchases the blended fuel (without the RINs), and the blender sells/trades the RINs.
- Obligated parties can purchase separated RINs to meet their RVOs.
- RIN transactions are recorded.
- The obligated party records each purchase and sale of RINs it makes into the EPA Moderated Transaction System (EMTS). The EMTS tracks all RIN transactions.
- RINs are retired and/or carried over.
- The obligated party retires the RINs needed to meet the RVO for all four renewable fuel categories (usually at the end of the compliance year).
- If the obligated party has a surplus of RINs that didn’t have to be retired, the party can either:
- Carry over the RINs into the next compliance year (after which they can’t be used for compliance), or
- Sell the surplus RINs.
Final destination: Compliance
Obligated parties report the retired RINs in their annual compliance report (80.1451(a)(1)).
Key to remember: The route to successful compliance with the Renewable Fuel Standard program for gasoline and diesel refiners and importers consists of annual standards, volume requirements, and demonstration.
NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceToxic Substances - EPAEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
2025-08-12T05:00:00Z
Use chemical risk evaluations to plan ahead
Wouldn’t it be helpful to know ahead of time if a chemical that your facility uses may soon face additional or stricter regulations? Such an alert system exists! It’s in the form of risk evaluations conducted by the Environmental Protection Agency (EPA).
The Toxic Substances Control Act (TSCA) requires EPA to evaluate existing chemicals in the U.S. marketplace for safety. If the agency determines that a chemical substance poses an unreasonable risk to human or environmental health, it immediately begins the risk management process. Through the process, EPA develops compliance rules to control the risk.
Consider EPA’s final risk evaluation for 1,1-dichloroethane published in June 2025. In it, the agency determined that three uses present an unreasonable risk of injury to workers. EPA will now develop and finalize regulations to address the risk.
If EPA issues a final risk evaluation on a chemical substance that your facility manufactures (including imports), processes, distributes, uses, and/or disposes of, take note! It answers multiple questions that can help your facility prepare for future compliance obligations.
Will my facility have to comply?
EPA’s risk evaluation determines whether an existing chemical substance presents an unreasonable risk to health or the environment under specific conditions of use (COUs). Risk management regulations only apply to the COUs that present an unreasonable risk. If your facility engages in any covered COU, it will have to comply with the applicable future restrictions.
Let’s revisit the 1,1-dichloroethane risk evaluation. One of the three COUs that endanger the health of workers through inhalation exposure is the processing of the chemical substance for recycling. If a facility doesn’t process 1,1-dichloroethane for recycling, it won’t have to comply with future regulations for that COU.
Who’s affected?
The final risk evaluation defines the categories of human and environmental populations covered by the assessment (such as consumers, the general population, workers, and aquatic species), and it identifies the COUs that apply to them.
Knowing the types of populations that a covered COU affects can help facilities narrow down the kinds of compliance requirements that may apply. For instance, a final risk management rule may require facilities to:
- Implement a workplace chemical protection program for exposed employees,
- Send downstream notifications to supply chain members, or
- Add warning labels to consumer products.
What’s the regulatory timeline?
TSCA grants EPA one year from the publication date of the final risk evaluation to propose a risk management rule and another year after that to finalize it. So, potentially covered facilities can expect regulations within two years of the final risk evaluation.
For example, EPA published the final risk evaluation for 1,1-dichloroethane in June 2025, so the agency should finalize a rule by June 2027.
Compliance obligations for a final rule likely won’t begin immediately; EPA usually gives facilities time to make any needed changes to things like operations, equipment, etc.
How can my facility prepare?
Keep these tips in mind:
- Search for safer alternative chemical substances to use. In addition to eliminating the potential for new or additional compliance requirements, using a safer alternative can offer your business a competitive advantage. EPA’s Safer Chemical Ingredients List may be a good place to start.
- Look for ways to reduce employee exposure to the chemical substance. Evaluate your facility’s existing operations for ways to lower worker exposure. Consider things like changing work processes or upgrading to equipment with more protective features.
- Participate in the rulemaking. EPA will open its proposed risk management rule for public comments. You can provide feedback on the compliance requirements the agency plans to impose on regulated facilities. EPA will consider the public comments it receives before finalizing a rule.
Key to remember: EPA’s final chemical risk evaluations give facilities a heads-up that compliance changes are likely within the next couple of years.
NewsIndustry NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceToxic Substances - EPAEnvironmental Protection Agency (EPA)EnvironmentalEnglishFocus AreaUSA
2025-08-15T05:00:00Z
EPA releases July 2025 TSCA Inventory
On August 14, 2025, the Environmental Protection Agency (EPA) released the biannual update to the nonconfidential Toxic Substances Control Act (TSCA) Chemical Substance Inventory (TSCA Inventory). The inventory includes all TSCA-regulated chemical substances manufactured, processed, or imported in the U.S.
Adding 15 chemical substances since the last update, the July 2025 TSCA Inventory contains 86,862 chemicals. Nearly half of the substances (42,578) are active (i.e., in use). EPA also updated:
- Commercial activity data,
- Unique identifier data, and
- Regulatory flags (which identify substances with manufacturing or use restrictions as well as substances with full or partial reporting exemptions).
Further, the agency updated the TSCA Master Inventory File. It includes chemical identity information claimed as confidential that’s excluded from the nonconfidential TSCA Inventory. The TSCA Master Inventory File is the only list with comprehensive, authoritative information about which chemical substances are on the inventory.
The agency plans to make the next inventory update in Winter 2026.
How do I access the inventory?
View the TSCA Inventory by:
- Downloading the Microsoft Access or CSV text version of the data from EPA’s website, or
- Using EPA’s Substance Registry Services (SRS).
How does this impact my business?
The TSCA Inventory helps facilities determine compliance requirements for chemicals they (a) manufacture or use or (b) plan to manufacture or use. Chemicals that are on the TSCA Inventory are likely subject to rules, like manufacturing limits and reporting requirements. Chemicals that aren’t on the list must meet notification and review requirements before they can be used.
Key to remember: EPA released the July 2025 nonconfidential TSCA Inventory of chemical substances manufactured, processed, or imported in the U.S.
NewsHazardous WasteCERCLA, SARA, EPCRAWaste/HazWasteToxic Substance ControlToxic Substances Control Act - EPAToxics Release Inventory ReportingToxic Subtances Control Act - EPAWater ProgramsIn-Depth ArticleWater QualityWater ProgramsEnglishAir ProgramsIndustry NewsToxic Substances - EPAWasteEnvironmentalAir QualityFocus AreaAir ProgramsUSA
2025-02-19T06:00:00Z
The regulatory state of PFAS: Stay alert to state rules
Over the past few years, federal environmental regulations have targeted a specific group of chemicals: per- and polyfluoroalkyl substances (PFAS). However, the Environmental Protection Agency (EPA) isn’t the only entity taking action to control PFAS; state agencies are too.
So, how should businesses respond? Stay alert to the PFAS regulations at the state level.
What are PFAS?
PFAS, called “forever chemicals,” are long-lasting manufactured chemicals that may pose risks to human and environmental health. With thousands of PFAS chemicals, however, controlling their use to reduce the risks is no easy task.
Additionally, PFAS appear in nearly every sector. They’re used in a wide range of products (like food packaging, cleaning products, and textiles) and for commercial and industrial applications.
Current state PFAS actions
Multiple states already have PFAS rules on the books. Check out these examples:
- California bans selling or distributing in commerce any new juvenile product that contains regulated PFAS chemicals (CA HSC Section 108946), such as changing pads, motor vehicle child restraint systems, playpens, and strollers.
- Colorado requires manufacturers of cookware with intentionally added PFAS in the handle or any product surface that contacts food to, among other things, list the presence of PFAS on the product label (House Bill 22-1345).
- Hawaii prohibits manufacturing, selling, offering for sale, and distributing for sale or use food packaging — wraps, liners, plates, food boats, and pizza boxes — with intentionally added PFAS (Act 152 Relating to environmental protection).
- Maryland bans manufacturing, selling, and delivering cosmetic products that contain any of 13 specified PFAS (Md. Code, Health-Gen. Section 21-259.2).
- New York forbids selling or offering for sale new apparel with intentionally added PFAS (N.Y. Consolidated Laws Section 37-0121).
Many states also have proposed PFAS rules under consideration.
Stay alert to state PFAS actions
If your facility uses PFAS, it’s essential to know whether the state has regulations that apply to your operations. Plus, knowing the state’s potential future PFAS rules coming down the pipeline can help you better prepare to comply.
Consider these general tips to support your facility’s efforts to track state PFAS actions:
- EPA provides an online list of the state environmental agencies with links to their websites. Check the state environmental agency’s online news and press releases for policy updates.
- Search for a dedicated rulemaking webpage, as many states maintain a list of proposed and recently adopted regulations. Note that some state sites may be easier to navigate than others, and some state sites may not have a dedicated rulemaking webpage.
- Establish a contact at the state environmental agency. Each agency should list contact information, so don’t hesitate to reach out. You may be able to find someone at the agency who can answer questions about the state’s current and future PFAS rules.
Staying alert to state PFAS regulations can help your organization maintain compliance.
Key to remember: States across the country continue to consider and implement regulations related to PFAS. Staying alert to state PFAS actions is key for businesses to stay compliant.
NewsWaste/HazWasteTransportationHazmat SafetyIn-Depth ArticleEnglishIndustry NewsFleet SafetyTransportation SecurityCPRSafety & HealthConstruction SafetyFirst Aid and MedicalGeneral Industry SafetyAgriculture SafetyMaritime SafetyEnvironmentalFocus AreaFleet OperationsMine SafetyFirst Aid and MedicalAutomated External DefibrillatorsUSA
2023-06-16T05:00:00Z
Are you meeting OSHA’s requirements for CPR and AEDs in the workplace?
Quick action using cardiopulmonary resuscitation (CPR) and automated external defibrillators (AEDs) can save the lives of the nearly 350,000 cardiac event victims each year outside of a hospital setting. But what does OSHA require for the workplace? What you didn’t know about OSHA regulations regarding AEDs may surprise you.
The importance of CPR and early defibrillation
For every minute a patient is in cardiac arrest, their chances of survival decrease dramatically. When a patient doesn’t have a pulse and isn’t breathing, CPR should be performed until an AED is available. It’s important to note that CPR alone does not restart the heart. CPR is an oxygen circulation procedure. AEDs, on the other hand, are meant for lifesaving intervention.
CPR and early defibrillation are vital components of the emergency medical services (EMS) chain of survival that increases the odds of cardiac patient survival. However, according to the American Heart Association (AHA), even the best CPR can’t provide enough circulation of oxygen to the brain and heart for more than a few minutes. In fact, a patient whose brain is deprived of oxygen for 10 minutes or more seldom recovers.
Signs and symptoms of cardiac compromise
Just like a reliable vehicle, the circulatory system is the human body’s blood transportation system, and the heart is the engine. Amazingly, the heart generates its own electrical impulses, pumping in a regular, rhythmic manner. As with any engine, the heart requires a certain amount of pressure to function and doesn’t work well when clogged with grease or debris. The most common causes of sudden cardiac arrest include a heart attack, electrocution, and asphyxiation — all of which could occur in the workplace. Common signs and symptoms include:
- Chest pain accompanied by a crushing or squeezing sensation,
- Pain that radiates to the jaw or arm,
- Irregular pulse and/or abnormal blood pressure,
- Shortness of breath,
- Cool and sweaty skin,
- Nausea and vomiting, and
- Anxiety or feeling of impending doom.
CPR provides the pressure for the body’s “engine” to oxygen circulating, while an AED provides the electrical impulses to keep the engine pumping.
OSHA requirements regarding CPR
OSHA 1910.151 requires first aid treatment be provided in the absence of an infirmary, clinic, or hospital in near proximity to the workplace used to treat injured employees. This may include assisting a victim of cardiac arrest using CPR or defibrillation.
OSHA requirements for CPR and defibrillation differ considerably. Standards requiring CPR include:
- 1910.146 Permit-required Confined Spaces
- 1910.266 Appendix B: Logging Operations – First Aid and CPR Training
- 1910.269 Electric Power Generation, Transmission, and Distribution
- 1910.410 Qualifications of Dive Team and
- 1926.950 Construction Subpart V, Power Transmission and Distribution
OSHA recommends basic adult CPR refresher training and retesting every year, and first aid training at least once every three years. CPR training include facilitated discussion along with ’hands-on’ skills training that uses mannequins and partner practice.
OSHA requirements regarding AEDs — you might need a prescription
Though OSHA recognizes AEDs as important lifesaving technology that plays a role in treating cardiac arrest, the agency doesn’t currently require their use in the workplace. Instead, OSHA wants employers to assess their own requirements for AEDs as part of their first aid response.
AEDs are considered Class III medical devices which means the Food and Drug Administration (FDA) has some oversight on their use. Almost all AEDs require the purchaser to obtain a prescription from a physician under FDA regulations. The prescription process is meant as a quality control mechanism to ensure AEDs are properly maintained, that all designated responders are properly trained, and assist employers with establishing an emergency response plan for their workplace AED program.
The AHA requires AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.” Though easy to use, each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. Additionally, AED users must be trained to understand the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.
AEDs are light, portable, easy to use, and inexpensive. They’re best placed near high-hazard areas such as confined spaces, near electrical energy, or in remote work areas. Response time to reach AEDs should be kept within 3–5-minutes.
Need more information on defibrillators in the workplace? See our ezExplanation on AEDs. |
Training requirements
Many states require or encourage CPR and AED training from nationally recognized organizations. Any AED training should include CPR training. OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as AHA, the American Red Cross, or National Safety Council is recommended.
Keys to Remember
While OSHA doesn’t currently require the use of AEDs in the workplace, they do expect employers to assess their own AED requirements as part of their first aid response. AED training is required by most states and should include CPR with a hands-on practical component.
Most Popular Highlights In Transportation
NewsIndustry NewsFleet SafetyDrug and Alcohol Testing - DOTDrug and alcohol training - Motor CarrierIn-Depth ArticleSupervisor alcohol and drug training - Motor CarrierFocus AreaEnglishUSATransportationReasonable suspicion drug and alcohol testing - Motor Carrier
2025-08-11T05:00:00Z
Reasonable suspicion training requirements: 86 words is all you get
DOT’s high-level explanation of supervisor reasonable suspicion training leaves much to the discretion of employers and training providers. Section 382.603 is simple and to the point, consisting of just four sentences and 86 words.
Breaking down 382.603
The regulation requires driver supervisors to take:
- 60 minutes of training on drug use, and
- 60 minutes on alcohol misuse.
The training is used to help supervisors determine whether testing under 382.607 is warranted. The curriculum must cover physical, behavioral, speech, and performance indicators of possible alcohol and drug use. It also indicates the training is a one-time occurrence.
The regulations don’t address the medium by which to train. So, supervisors can spend two hours in a classroom, online, watching a video, or reading written materials. In addition, there is no mention of how to document completed training or provide proof of content or the two hours.
If you look at the definition of drug or controlled substance, Part 382 refers to those substances in 40.82 that are tested for in the DOT drug panel. Using this meaning, training programs should take at least one hour to address the physical and behavioral signs of using marijuana, cocaine, amphetamines, opioids, and PCP.
Another topic that is silent in the regulations is proof of training. Many carriers often retain:
- Training certificates,
- Syllabuses,
- Receipts for training performed through providers, and
- Purchased training curriculum (handbooks, videos, etc.).
Understanding 382.307
Since 382.603 references 382.607 (reasonable suspicion tests), it’s logical that the course should include information on protocols for the test type.
The language in 382.307 has a little more to work with (625 words) than 382.603. It states that the trained supervisor’s determination for drug and/or alcohol testing must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. For drugs, they add observations of chronic and withdrawal effects of drugs.
This additional information is invaluable during training. Supervisors learn they must be able to identify specific observations happening in front of them in the moment (contemporaneous) that they can describe (articulable) to justify the drug or alcohol testing request.
This same rule also discusses the timeline for alcohol testing (preferably within two hours of the observation, but no later than eight hours). And the supervisor is instructed to create a written record of the observations leading up to the reasonable suspicion test. This document must be drafted within 24 hours of the observations or before the results of the drug or alcohol tests are released, whichever is earlier.
Best practice content
The DOT-required elements of the supervisor training are procedural. Supervisors observe signs and symptoms, request testing, and document the incident.
However, there is the human element. The regulations don’t offer input into the relational aspect of the supervisor with the driver.
Consider expanding your training topics to include:
- Discretion (and respect) during confrontations;
- Appropriate language when approaching a driver, including:
- Sticking to and restating just the facts,
- Using objective terms, and
- Showing concern for the driver;
- How to respond to a defensive driver; and
- Identifying possible medical issues or a handicap that may resemble impairment.
Key to remember: Supervisors who request reasonable suspicion tests must be trained. The two-hour training helps them identify drug or alcohol use, but the regulations leave much of the content up to the trainer.
NewsIndustry NewsFleet SafetyPassenger vehiclesPassenger carriersFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
2025-08-12T05:00:00Z
Is your shuttle bus legal? 5 key questions that need answers
Smaller passenger-carrying vehicles—like hotel, car rental, senior living facility, and employee shuttles—may be commercial motor vehicles (CMVs) subject to the Federal Motor Carrier Safety Regulations (FMCSRs). Knowing which rules apply can help you avoid fines, reduce litigation risks, and lower insurance costs.
5 key questions to determine applicability
To find out if the FMCSRs apply to your shuttle vehicle(s), answer these five questions:
1. Is your operation interstate or intrastate?
- Interstate commerce includes any travel that crosses state lines or is part of a trip that begins or ends out of state—even if the vehicle stays within one state. Shuttles picking up passengers from or delivering them to an airport is an example of a continuation of interstate commerce.
- Intrastate commerce is travel that stays entirely within one state and is not part of an interstate journey.
2. How many passengers is the vehicle designed to carry?
- The FMCSRs apply to vehicles designed to carry 9 to 15 passengers (including the driver) if used for compensation.
- If rated for more than 15 passengers (including the driver), the vehicle is a CMV regardless of compensation.
- Removing some of the seats doesn't change the vehicle’s regulatory classification.
3. What is the vehicle’s weight?
- Regulations apply if the gross vehicle weight rating (GVWR) or actual loaded weight is 10,001 pounds or more, regardless of compensation.
- Example: An employee shuttle, even if there is no compensation received from passengers, is a CMV if the weight exceeds 10,000 pounds.
4. Is the operation for-hire or private?
- For-hire carriers that operate CMVs to transport passengers for compensation and are subject to the FMCSRs.
- Private motor carriers of passengers (PMCPs) may also be regulated:
- Business PMCPs (e.g., employee shuttles) follow most FMCSRs, but are exempt from insurance rules.
- Non-business PMCPs (e.g., church groups) must operate safely, but are exempt from many FMCSRs, including:
1. Insurance,
2. Driver qualification requirements listed under 391.68,
3. Hours-of-service (HOS) logs (but must comply with HOS limits),
4. Maintenance records as required by 396.3(b), and
5. Driver vehicle inspection reports (DVIRs).
5. What kind of compensation is received?
- Direct compensation: Payment from passengers for transportation (e.g., ticket sales).
- Indirect compensation: Transportation included in a broader service (e.g., hotel or tour packages).
- If no compensation is received, the vehicle is rated for 15 or fewer passengers including the driver, and the vehicle is under 10,001 pounds, the FMCSRs generally don't apply.
General compliance requirements based on compensation for 9–15 passenger-carrying vehicles are as follows:
- Direct compensation or 10,001 pounds or greater:
- Must register with FMCSA and display a USDOT number.
- Comply with safety fitness, driver qualifications, hours of service, and maintenance rules.
- Indirect compensation involving vehicles not otherwise defined as a CMV in section 390.5 in the FMCSRs, according to 390.3(f)(6):
- Must register and display a USDOT number,
- Maintain accident records, and
- Follow driver texting/cell phone restrictions.
Compliance tips
To be certain if your operation is regulated under the FMCSRs or state safety regulations:
- Consult a regulatory expert if your company does not have the expertise;
- Conduct a mock audit (internal or third-party) to identify compliance gaps; and
- Create an action plan, assign responsibilities, and audit compliance regularly.
The FMCSA expects documented efforts to improve safety management controls and compliance.
Key to remember: Businesses must know whether the FMCSRs or state regulations apply to their shuttle operations to minimize negative consequences of noncompliance.
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierDriver recruiting and retentionFocus AreaIn-Depth ArticleHiring standards - Motor CarrierEnglishDriver recruiting and retentionTransportationUSA
2025-08-14T05:00:00Z
Boomerang employees: Will the decision come back to bite you?
Trucking has a reputation of having a revolving door of drivers, dispatchers, and technicians. Many of these employees leave for greener pastures, only to return to their old employers asking for a job.
But are these “boomerang” employees a wise recruiting decision? Let’s examine the arguments for and against rehiring previous employees.
Pro: Familiarity with the motor carrier
Acclimating a new hire to a corporate culture and learning a new job takes time. For some new employees, the company and/or position isn’t what they expected, so they eventually leave. Invaluable time is lost when a new person doesn’t work out.
But a former employee who is reapplying knows what to expect from the company and what the job entails. Unless the company and/or the job description has gone through major changes since the past employment period, there should be minimal surprises for the returning employee. The onboarding process should take less time, allowing the company to place the former employee into the position sooner than others, resulting in cost savings.
Pro: Access to work records
Former immediate supervisors should be able to recall the boomerang employee’s previous work history, and recruiters should have access to the employee’s performance reviews, exit interview, and so forth. This information will assist in knowing whether this individual is eligible for rehire.
Con: Reasons for leaving
Motor carriers should look at why the employee left the organization.
Was it due to:
- Unresolved grievances?
- Conflicts with coworkers and/or supervisors?
- Greener pastures?
If the reason for leaving still exists or resurfaces, you may see this employee exit once again.
Pro or con: Length away
The longer a former employee has been away from the company, the less likely you can apply past performance to present or future behavior.
Ask yourself:
- When you remember the employee’s performance, is it accurate or tainted by time?
- Has the individual changed? For example, has the time away provided growth, additional experience, and maturity?
Other considerations include a change in:
- Expectations of the position (e.g., knowledge, equipment); and
- Corporate culture (e.g., management, policies, and procedures).
The individual may no longer be a fit — or might be a better fit than before — based on these new factors.
Rehire interviews
Recruiters should not assume that a former employee will pick up where they left off. Boomerang employees should be formally interviewed just like any other applicant. Motor carriers should:
- Examine their skillset, current disposition, and any additional experience during the time away (e.g., new certifications or skills);
- Look for red flags, such as multiple employers over a short period or a poor safety history during the absence; and
- Determine, if possible, why the boomerang employee wants to return. It may not be the enthusiastic return the company had hoped for. For instance, a recent employment may not have worked out, and the former employer is just one option under consideration.
If the employee is rehired, don’t assume they can skip refresher training, especially if the person has been gone a while.
Key to remember: Rehiring former employees can offer some benefits. But each candidate must be taken on a case-by-case basis to determine whether a return is right for both the carrier and employee.
NewsHours of ServiceHours of ServiceDriver's record of duty statusIn-Depth ArticleEnglishEnforcement - DOTRoadside InspectionsIndustry NewsOn-duty time - Motor CarrierFleet SafetyElectronic logging device (ELD)Focus AreaTransportationUSA
2025-07-30T05:00:00Z
Staying compliant: A driver’s guide to personal conveyance
Personal conveyance (PC) continues to be one of the most misunderstood and misused hours-of-service exceptions in the industry. Data collected during over 41,000 roadside inspections revealed that as many as 38% of drivers using the PC exception use it improperly.
What is personal conveyance?
The personal conveyance exception allows a driver to use a CMV for personal reasons while off duty, essentially using a CMV for errands or travel. This would be something they would typically do with their personal vehicle, if it were available. When considering whether PC is appropriate for the movement of the vehicle, a driver must consider these four requirements. If the move does not meet all four requirements, it is not PC.
- Does the carrier have a policy authorizing PC?
- Is the driver legitimately off duty during the move?
- Is the destination purely personal?
- Is there any benefit to the carrier? This includes ending up in a better position as far as the current or next assignment.
When a driver is confident the move meets all four requirements, the driver can use PC for the move.
Proper use of personal conveyance
Drivers who are permitted to use PC must be relieved from duty before they can use this exception. Examples of proper usage are:
- Traveling from a truck stop to a restaurant or hotel.
- Commuting between home and the driver’s terminal.
- Driving to the nearest safe place to rest after loading or unloading.
There are many other examples of proper use. Each move should be assessed on a case-by-case basis.
Prohibited use of personal conveyance
Examples of movements that would not qualify as PC are:
- Bypassing an available rest location to get closer to a delivery or pick-up location.
- Time spent transporting a CMV to a maintenance facility.
- Time spent traveling to a carrier’s terminal after loading or unloading.
Common questions
Many drivers find themselves non-compliant because they do not fully understand these requirements. Below are some common questions.
- Can a driver stop at a restaurant for dinner and log off duty for the day, eat dinner, and drive to the truck stop at the same exit using PC?
- Because the driver intends to end the workday at the truck stop, the driver cannot use PC to get there. The driver would be in compliance if they had gone to the truck stop, logged off duty, then used PC to travel to and from dinner.
- If a load is not available for a driver, can they use PC to travel several hundred miles home?
- While there is no time or mileage limit on PC at this time, a driver cannot use PC to place the truck or driver in a better position for the next load. Most carriers would load a driver as close as possible to the current location. Since it is not likely that the driver would return to the location the PC began for the next load, PC is usually not appropriate for this move.
- Can a driver use PC to go to a store to get food and other personal items?
- A driver is permitted to use a CMV to go anywhere they would go in a personal vehicle, as long as the move is strictly personal. The driver cannot be purchasing items for the carrier and must not move the CMV closer to the next pick up or delivery, unless they return to the starting location at the end of the personal move.
Key to remember: PC is a tool a driver can use to complete personal tasks, but care should be taken to ensure the move is purely personal to avoid fines and penalties.
NewsIndustry NewsFleet Safety150 air-mile radius exceptionHours of ServiceFocus AreaIn-Depth ArticleEnglishTransportationUSA
2022-08-29T05:00:00Z
The 150 air-mile short-haul exemptions: Widely used and widely misused
The 150 air-mile exemptions, which are in the regulations at 395.1(e)(1) and (2), allow a driver to use a time record in place of a log, provided that certain conditions are met. While this is possibly the most widely used hours-of-service exemption, it may be the most commonly misused exemption, as well.
The basics of logging exemptions
To be able to use this logging exemption in 395.1(e)(1), the driver must:
- Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
- Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
- Include the starting and ending times for the day and the total hours on duty on the time record for the day.
The company must retain the time record and have it available for inspection for six months.
Need more info? View our ezExplanation on the 150 air-mile exception. |
What if the driver goes too far or works too many hours?
If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.
If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).
30-minute break exemption
When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).
If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.
Common myths
Here are some of the common myths and misunderstandings about the 150 air-mile exemption:
- The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
- The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
- Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
- A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
- Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
- Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
- Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
- The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
- If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.
What’s different with the ‘150 air-mile non-CDL property-carrying drivers’
The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.
If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.
If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.
Managing the use
If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).
If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.
Verifying compliance is important
During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!
NewsIndustry NewsFleet SafetySleeper berthHours of ServiceFocus AreaIn-Depth ArticleEnglishTransportationUSA
2023-09-01T05:00:00Z
5 things to know about the split-sleeper option
Hours-of-service (HOS) infractions continue to make up a large percentage of all truck driver violations, and sleeper berths may have something to do with that.
Drivers who try to split apart their mandatory 10-hour breaks using the “split-sleeper” option often land in hot water. That’s not surprising, because it’s one of the most complex provisions found in the HOS regulations.
Do your drivers know all the ins and outs of the split-break rule? Though not a full explanation of how the rule works, here are five important things your long-haul drivers may not know.
The rule in a nutshell The split-sleeper rule in 49 CFR 395.1(g) allows drivers with a sleeper berth to “split” their 10-hour break into two separate breaks, with driving or other on-duty time in between. To qualify, one break must be at least seven hours in a sleeper berth, the other must be at least two hours off, and the two breaks together must add up to at least 10 hours total (e.g., 7 3, 8 2, 4 9, etc.). Neither break counts against the 14-hour calculation. After the second break, however, compliance with the 11- and 14-hour limits is recalculated starting at the end of the first break (i.e., completing a “split” break does not result in a full allowance of time the way a 10-consecutive-hour break would). |
- One break is at least 7 hours in a sleeper berth, and
- The other break is at least 2 hours spent off duty, in a sleeper berth, or using a combination of both; and
- The two breaks added together are at least 10 hours long.
This means that a 10-hour break can serve double-duty: it can reset the daily 11- and 14-hour limits AND serve as a qualifying break for the split-sleeper option.
2. A mid-day break can pause the clock. Drivers may use a relatively short mid-day break to “pause” the 14-hour clock when using the split-sleeper option.
For example, a driver who starts the day at 7:00 a.m. could spend 2 hours off duty in the middle of the day and continue to work and drive (up to 11 hours) until 11:00 p.m., which is 2 hours beyond the normal 14-hour limit. In this scenario, however, the driver must then “complete the split” by getting at least 8 hours in a sleeper berth, even if the driver arrived home.
Another example: A driver spends 10 or more hours in a sleeper berth before going on duty at 7:00 a.m. In the middle of the day, the driver spends 3 hours off duty, which pauses the 14-hour clock for 3 hours (when combined with the earlier sleeper-berth period of “at least” 7 hours). This allows the driver to work and drive until midnight (3 hours beyond the normal 14-hour limit). At that point, the driver is free to go off duty for 10 hours or may do another “split” by getting at least 7 hours in a sleeper berth
Learn more about sleeper-berth rules in our ez Explanation! |
3. The order doesn’t matter. The rules do not specify which break needs to be taken first. A driver may start with a 2- or 3-hour off-duty break, for example, followed by 7 or 8 hours in a sleeper berth, or vice versa: use the sleeper berth first and then take a shorter off-duty break.
4. The driver gets the benefit of the doubt. If a driver takes a midday break to pause the 14-hour clock (see #2 above) and is later stopped for an inspection after the 14th consecutive hour but before getting the second break, how will the officer know that the driver will be getting that second break later in the day (and thus is not already in violation)? That is, how will the officer know that the midday break should be excluded from the 14-hour count?
In that situation, the officer is expected to give the driver the benefit of the doubt and assume the driver will be getting the second break. However, drivers must make their intentions clear and be able to explain what they’re doing. If a driver says they’re not using the split-sleeper option, the officer will probably believe them and could issue a citation.
5. “Adjacent” break time can be excluded. It’s not unusual for a driver to spend a little time off duty before and/or after resting in a sleeper berth for 7 or more hours. If the sleeper-berth time will be part of a split-sleeper scenario, then that “adjacent” off-duty time may also be excluded from the 14-hour calculation.
For example, if a driver goes off duty for an hour, spends 7 hours in a sleeper berth, and then spends another hour off duty, all 9 hours may be excluded from the 14-hour limit when part of a split-sleeper scenario. (In this case, the key is making sure the sleeper-berth portion is at least 7 hours long.)
One final thing to know about the split-sleeper option, if not obvious already: it’s complicated! Spend time reviewing the rules, explanations, and diagrams showing how the split-sleeper provision works before trying to explain it to drivers or using it yourself. Knowing all the ins and outs ahead of time can prevent violations out on the road.
Key to remember: Drivers frequently get in trouble trying to use the “split-sleeper” provision which allows them to break apart their 10-hour rest periods. Make sure you know all there is to know about the rule before putting it into practice.
Most Popular Highlights In Human Resources
NewsEmployee HandbookEmployee RelationsLeaveIn-Depth ArticleUSAHR ManagementLeaveEnglishReasonable AccommodationsAssociate Benefits & CompensationIndustry NewsHR PoliciesWage and HourPolicies and ProceduresEmployee RelationsMinimum WageFair Labor Standards Act (FLSA)Non-Exempt employees HR GeneralistOvertimeFocus AreaAssociate RelationsDisabilities and ADADisabilities and ADAHuman Resources
2025-08-11T05:00:00Z
Debunking HR rules: 3 scenarios HR gets wrong
Policies, procedures, and rules — it’s the framework of HR departments. But the “H” in “HR” stands for “human.” And as everyone knows, humans sometimes make mistakes. When it comes to applying employment laws, even seasoned HR professionals don’t always get it right.
Below are three common HR missteps and how to correct them:
1. “If we do it for one, we have to do it for all.”
An HR professional might say this to an employee who’s asking for a change in their workday. They could be asking for longer breaks or flexibility with their schedule. Before completely shutting down the conversation, get a little more information.
Is the person, for example, asking for a workplace accommodation because of a medical condition? This would generally trigger employer obligations under the Americans with Disabilities Act (ADA). If so, those are determined on a case-by-case basis. This means HR doesn’t have to give all employees longer breaks or whatever accommodation is needed.
Of course applying company policies consistently is important, too, and there will be times the “we can’t do it for all” statement is true. But that doesn't mean each and every request HR handles needs to be done the same way.
2. “You have to use up your PTO before going on FMLA.”
This statement is a hard stop. Employees do NOT need to use their accrued paid time off (PTO) before taking leave under the federal Family and Medical Leave Act (FMLA). In fact, making them do so is an FMLA violation.
Employees may choose to use their PTO while they’re on FMLA leave, which is otherwise unpaid time. This allows them to bring in some income while they’re off work. Employers may also require employees to use their PTO while on FMLA leave — they just can’t make them use PTO up first.
3. “You're salaried, so we don't have to pay you overtime.”
This is an “it depends” type of scenario. If an employee is truly (and correctly) classified as exempt (“salaried”) under the federal Fair Labor Standards Act (FLSA), then this is a true statement. FLSA-exempt employees don’t get paid for working overtime.
The rules are different, however, for FLSA-nonexempt (“hourly”) employees. These employees would need to be paid overtime for hours worked over 40 in a workweek.
Although these overtime rules seem clear on the surface, HR can trip up by misclassifying employees.
Simply saying an employee is exempt when they’re really not, means that the employee is missing out on minimum wage and overtime protections. Companies can end up having to pay thousands of dollars to a jilted employee, and likely pay hefty fines and other penalties as a result of the FLSA violation.
To avoid these problems, HR needs to assess an employee’s job duties and other criteria to make sure they qualify for the exemption.
Key to remember: When it comes to applying employment laws, even seasoned HR professionals don’t always get it right. These three scenarios help debunk HR myths.
NewsMine SafetyForklifts and Powered TrucksTraining & DevelopmentOccupational Safety and Health Administration (OSHA), DOLPIT Training RequirementsIn-Depth ArticleUSAEnglishIndustry NewsSafety & HealthForklifts and Powered TrucksConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetySafe Operation of PITsFocus AreaHuman Resources
2023-07-06T05:00:00Z
Commonly asked questions about forklift licensure and certification
Are your forklift operators certified? Do they need a state driver’s license? Are they physically able to operate forklifts? All are commonly asked questions — so, let’s make sure you're compliant.
The intent of the standard
OSHA’s powered industrial truck (PIT) standard (29 CFR 1910.178) is intended to ensure the safe use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The standard outlines requirements for operational permits and certification.
And, though not specified in the standard itself, PIT operators must be at least 18 years old per federal child labor regulations.
License and certification Q&A
The OSHA PIT standard clearly defines requirements for training and certification. However, some licensing and certification information isn’t as clear. Here are some clarifications:
Q: Who can train, evaluate, and certify PIT operators?
A: OSHA requires in 1910.178(l)(2)(iii) that, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.” The OSHA standard doesn’t further define this requirement or set any specific or additional certifications.
Q: Does OSHA require PIT operators to have a valid driver's license?
A: Federal OSHA has no requirement that a forklift operator has a valid motor vehicle driver's license. Some states are more stringent, so check your local and state requirements to confirm.
Q: Does OSHA have regulations that impact an employee’s ability to operate PITs if they’ve received a DUI or suspended license?
A: Because OSHA doesn't require a valid motor vehicle driver's license, the status of that license doesn’t impact PIT operator permitting. Individual states or the employer may have policies that dictate otherwise.
Q: Are PIT drivers required to have their license on them when they are working?
A: Federal OSHA doesn’t require PIT operators to have a license or permit. However, some states such as Michigan do require this. Typically, in states that require a permit or license, the license must be “readily available.” Companies have the option to require the permit or license be carried with the operator.
Q: Are operators required to be trained on each manufacture of PIT model?
A: A June 15, 1999, OSHA letter of interpretation (LOI) clarifies that operators are to be trained and evaluated in the safe operation for the type of truck they’ll be assigned. Operators wouldn’t need additional training for same truck types but would need additional training when truck- or workplace-related training topics are different.
Q: Do PIT operators need to be recertified if they move from one state to another with the same company?
A: In an LOI dated October 1, 1999, OSHA states, "As long as the employer has a reasonable basis to believe that the third-party trainer is qualified and has a program that meets the requirements of the standard, it can rely on that trainer to conduct the training and evaluation of employees and can certify that these employees have been trained. However, the employer may need to provide additional training on site-specific or truck-specific matters." This shouldn’t require retraining for the same type of forklift as already certified; however, workplace conditions or other factors of the new work location may require training for forklift operation in the other state(s).
Interested in information on how material handler training can help forklift operators? See our Compliance Network article "To improve forklift safety, train material handlers." |
Operator Impairments
In addition to being properly trained and evaluated, OSHA expects employers to ensure physical capabilities. OSHA references the American National Standards Institute (ANSI) Standard B56.1-1969. Section 6 clarifies that, “Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."
Employers should consider OSHA PIT regulations and the General Duty Clause, ANSI standards, and the Americans with Disabilities Act (ADA) requirements when evaluating physical qualifications. In short, if a worker demonstrates the visual, auditory, and mental ability to safely operate PITs, he or she is permitted to operate them.
Keys to Remember
OSHA requires employers ensure the safe use of forklifts and other powered industrial vehicles. Employers must ensure operators have the knowledge, skills, and physical ability to safely operate PITs.
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
2025-08-12T05:00:00Z
Cam scam! Employee caught at event while on FMLA
Getting caught on camera doing something you weren’t supposed to be doing can have repercussions. If employees who are on leave under the federal Family and Medical Leave Act (FMLA) are caught on social media or other venues doing what appears to be against their need for leave, they can risk losing their FMLA protections and maybe even their jobs.
Coworkers have been known to tell their supervisors that they’ve seen employees on FMLA leave doing suspicious activities. Supervisors might consider these reports as idle gossip and hesitate to take the information to HR or senior leadership. Employers, however, benefit from hearing about such situations.
Supervisors and employers might also believe that, while employees are on FMLA leave, they may not be disciplined. This isn’t always true.
Investigate
When employers (including supervisors) get wind of a potential FMLA fraud situation, they should dig into it a bit. Employees on FMLA leave aren’t completely untouchable; they may be disciplined for infractions unrelated to the leave. This includes taking FMLA leave for reasons that don’t qualify.
Consider the source
Often, unhappy coworkers are the ones to tell employers if they see employees frolicking under suspicious circumstances. They might be upset because they’re picking up the slack left by employees out on FMLA leave. Employers might, therefore, have to explain that they will look into the matter. After all, the employee could be within their FMLA rights to be at the event. Employers shouldn’t share private information (including medical information) with coworkers.
Review the certification
To help determine if an employee is using FMLA leave fraudulently, employers should carefully review the employee’s FMLA certification to see what the employee’s limitations are. Employees could be able to attend an event and still stay within their restrictions.
Employees with mental health conditions, for example, could benefit from being outside at a park or going for a walk along a trail. An employee on FMLA leave for knee surgery, however, should probably not be surfing or skiing.
Fraud
Employees who fraudulently take FMLA leave aren’t protected by the FMLA's job restoration or maintenance of health benefits provisions. This means employees can be fired for taking leave for a reason that doesn’t qualify, especially if they lie about it.
Key to remember: Employers should carefully investigate reports of employees on FMLA leave behaving suspiciously.
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
2025-08-14T05:00:00Z
Continuous, intermittent, and back again - Managing ever-changing FMLA leaves
Eligible employees may take leave under the federal Family and Medical Leave Act (FMLA) on an intermittent or reduced schedule basis when medically needed and for military family qualifying exigencies. This can include time off for their own conditions or those of a spouse, child, or parent. They may also take leave intermittently when employers agree to allow it for bonding with a healthy child.
Sometimes, employees might need continuous FMLA leave, only to be followed by intermittent leave.
If, for example, “Jo Employee” has surgery for a torn rotator cuff. She will likely need a few weeks off to recover. Over time, Jo might be able to work partial days. This means that Jo would take intermittent FMLA leave going forward until she’s fully recovered and able to work her normal schedule.
If, after taking intermittent FMLA leave, Jo reinjured herself, she might need to revert to continuous leave for a while.
Certifications and recertifications
How can employers stay on top of such changes? First, they may ask for an initial certification supporting the need for leave. The certification should give employers enough information to determine whether the employee needs FMLA leave for a qualifying reason.
For medical certifications, it should indicate which part of the FMLA’s definition of a serious health condition is involved. It should also include information on how much leave the employee needs.
Because things can change, employers may ask for recertifications now and then. They may ask for them no more often than every 30 days unless the certification indicates that the minimum duration of the condition is more than 30 days. In that situation, employers must wait until that minimum duration expires before requesting a recertification.
In all cases, employers may request a recertification of a medical condition in six months in conjunction with an employee’s absence (i.e., not just a random request).
Employers don’t have to wait the 30 days, the minimum duration, or six months to ask for a recertification in limited situations. This happens if:
- The employee requests an extension of leave,
- Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications), or
- Employers receive information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification.
Taking Jo’s example, if the initial certification indicated that she needed four weeks of continuous leave, but after three weeks, Jo said she could do some work, employers could ask for a recertification, as something had changed. If, after taking intermittent leave, Jo reinjured herself and went back to needing continuous weeks of FMLA leave, the employer could ask for a recertification.
Key to remember: Life situations seldom work on a straight trajectory. Things change, and so can an employee’s FMLA leave needs. What can start as a continuous leave can change to an intermittent leave, and vice versa. Employers can keep up with such changes using recertifications.
NewsIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
2023-09-06T05:00:00Z
Appellate court sided with employee's (almost) 3-year-delayed FMLA claim
Back in October 2018, Laffon had a medical emergency and needed some time off under the federal Family and Medical Leave Act (FMLA).
Her leave lasted until November 15. Ten days after she returned to work, on November 26, her employer terminated her.
She sued, arguing that the employer retaliated against her because of her FMLA leave.
The catch? She didn't bring the suit until almost three years later.
No link between leave and termination
In court, the employer argued that there was no causal link between Laffon taking FMLA leave and her termination. Although the court documents aren't robust, they do reveal that the employer indicated that Laffon's allegations didn't show that her taking FMLA leave was a factor in the decision to terminate her. The documents showed only that the termination chronologically followed her leave.
The court agreed with the employer. It also agreed that Laffon failed to allege a willful violation of the FMLA, which would allow her to benefit from the FMLA's three-year statute of limitations.
Laffon appealed the case to the Ninth Circuit.
Statute of limitations
Under the FMLA, employees have two years from the date of the last event constituting the alleged violation for which they can bring a claim.
Those two years are extended to three years if the employer's actions were "willful." This means that an employee must show that the employer either knew or showed reckless disregard for whether its conduct violated the FMLA.
Ruling overturned
Fast forward to August 2023, when the Ninth Circuit reversed the lower court's decision. It indicated that, based on Laffon's amended complaint and liberally construing the law, her allegations establish that her leave was causally connected to her termination and that the employer's action (her termination) was willful.
Glymph v. CT Corporation Systems, No. 22-35735, Ninth Circuit Court of Appeals, August 22, 2023.
Key to remember: Terminating an employee soon after returning from FMLA leave is risky, unless there is a clear, well-documented, non-leave-related reason. Case documents did not show such a clear reason, which can also increase the risk of a willful finding. Employees have time to file claims, even years.
NewsFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)Time offHR ManagementEnglishLeaveUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsHR GeneralistAssociate RelationsFocus AreaHuman Resources
2025-08-13T05:00:00Z
Bill would give employees two hours of paid voting time
On August 5, Representative Nekima Williams introduced a legislative voting package (HR 4908) that included a provision called the Time Off to Vote Act. This act would require employers with 25 or more employees during a calendar year to give them two consecutive hours of paid time off to cast their ballots in federal elections.
Voting bill details
If enacted, the bill would entitle employees to take the time off during any federal election while polls or sites that facilitate voting-related activity are open to:
- Vote,
- Return a ballot in person that they received in the mail, or
- Perform other voting-related activities.
Employers could specify the hours for this leave, potentially aligning it with early voting periods instead of on the day of the election, as applicable under state law.
While employers could choose the hours, they couldn’t count lunch or regular breaks as voting time. Employees, however, could use the two hours consecutively with their lunch or breaks.
Potential challenges
This bill would raise several concerns for businesses:
- Scheduling issues: For many businesses, especially small- to medium-sized enterprises, the requirement to provide paid time off for voting could lead to significant operational disruptions. Coordinating schedules to ensure that all employees can take time off without affecting productivity could be a logistical nightmare.
- Cost increases: The financial burden of paying employees for time not worked adds to the already high costs of running a business. This could be particularly challenging for companies operating on thin margins.
- Leave abuse: There’s a risk that some employees might misuse this provision, taking advantage of the paid time off for other purposes. Employees who abuse their voting time off could lead to a lack of trust and increased monitoring costs for employers.
- State laws: Many states already have laws in place that provide time off for voting. This federal mandate could create redundancy and confusion, especially in states with more generous provisions.
- Fines and penalties: Employers that violate the law could be subject to a civil penalty of up to $10,000 per violation, in addition to any legal costs incurred.
The U.S. Department of Labor would enforce the provision as it does the federal Family and Medical Leave Act.
The leave under this federal provision would not supersede related state laws, meaning if a state’s voting leave benefits are greater, employers would need to comply with the state law since it’s more beneficial to employees.
Currently, the bill is in the initial stages of the legislative process, awaiting committee consideration before moving to the House or Senate, but it has little chance of being enacted.
Key to remember: While this measure has little chance of being enacted, it illustrates that members of Congress continue to show an interest in paid employee leave for assorted reasons.
Most Popular Highlights In Safety & Health
NewsReporting Fatalities and Severe InjuriesIn-Depth ArticleInjury and Illness RecordkeepingEnglishHealthcareIndustry NewsSafety & HealthInjury and Illness RecordkeepingConstruction SafetyInfectious DiseasesGeneral Industry SafetyAgriculture SafetyMaritime SafetyCOVID-19Specialized IndustriesFocus AreaUSA
2025-08-06T05:00:00Z
OSHA to pull the plug on remaining healthcare COVID-19 regulations
OSHA recently proposed to strip away the last of its COVID-19 regulations found in portions of 29 CFR 1910 subpart U. These surviving regulations relate to recordkeeping and reporting (R&R). The deregulatory move comes four years after the subpart was first published in the Federal Register.
Note that OSHA stopped enforcing all provisions of subpart U on December 27, 2021, except for the R&R provisions. The agency also ceased work on January 15, 2025, on a rulemaking to create a permanent COVID-19 for Healthcare standard. Moreover, OSHA issued a memo in February 2025 announcing that it’s not enforcing the R&R requirements in subpart U.
Therefore, right now just the COVID-19 R&R provisions are in effect but not enforced. Those are the provisions that OSHA intends to eliminate, according to a July 1, 2025, proposed rule. Comments are due by September 2, 2025.
COVID-19 R&R provisions
The COVID-19 R&R provisions currently found in the Code of Federal Regulations (CFRs) call for over 562,000 covered healthcare employers to:
Duty: | 1910.502: |
Establish and maintain a COVID-19 log to record all employee cases of COVID-19, regardless of whether the cases are work-related | (q)(2)(ii) |
Make the COVID-19 log or some version of it available to their employees, employee representatives, and OSHA | (q)(3)(ii) - (iv) |
Report work-related COVID-19 fatalities/hospitalizations among employees to OSHA, regardless of how much time passed between the work-related exposure to COVID-19 and the employer learning about the fatality/hospitalization | (r) |
Proposed changes
OSHA specifically proposes to remove:
What: | Including: |
COVID-19 R&R provisions in 29 CFR 1910 subpart U | 1910.502(q)(2)(ii), (q)(3)(ii) - (iv), and (r) |
Regulatory references to 1910.501 | 29 CFR 1915.1501, 1917.31, 1918 subpart K, 1926.58, and 1928.21(a)(8) |
Why the changes?
OSHA offers 12 reasons for removing the R&R provisions that are in subpart U:
- When OSHA stopped enforcing the bulk of subpart U in 2021, the R&R provisions were no longer part of an integrated regulatory scheme;
- The R&R provisions are of lesser utility since COVID-19 vaccines are widely available and the public health emergency has ended;
- The Centers for Disease Control and Prevention (CDC) and medical professionals now treat COVID-19 cases and reporting more like flu and respiratory illnesses;
- Most COVID-19 testing is now through self-administered tests at home, and there’s no expectation to report positive test results;
- The accuracy of data collected by employers under the COVID-19 log provision has eroded;
- The importance of an additional recordkeeping tool solely for COVID-19 is questionable;
- Clearing out the recordkeeping provisions would relieve employers from recording work-related cases on two separate sets of forms (injury/illness forms and the COVID-19 log);
- Discarding the reporting provisions does not eliminate the obligation to report to OSHA any work-related cases of COVID-19;
- The lengthy incubation time for COVID-19 would make it uncommon to cause hospitalization within 24 hours of exposure (and mandatory reporting), but the same is true of other respiratory illnesses;
- Since employers’ knowledge about COVID-19 cases among their employees is limited, reporting hospitalizations/fatalities to OSHA would be similarly constrained;
- Given CDC’s phase out of many COVID-19-related recommendations for healthcare, the need for COVID-19 reporting to trigger an immediate OSHA inspection has waned; and
- OSHA has no new evidence that the R&R provisions in subpart U provide meaningful assistance to employers at this point.
Therefore, OSHA says it’s no longer appropriate to apply R&R regulations to COVID-19 that are more burdensome than those already prescribed under 29 CFR 1904 for other infectious diseases. Part 1904 is the Recording and Reporting Occupational Injuries and Illnesses standard. The agency argues that 1910.502(q)(2)(ii), (q)(3)(ii) - (iv), and (r) should be removed from the CFRs.
Also, Part 1915, 1917, 1918, 1926, and 1928 references to 29 CFR 1910 subpart U are outdated, contends OSHA, because they refer to provisions in the CFR that no longer exist. Omitting these references would be purely administrative.
Heads up on another rule
Given the new administration, it’s unknown whether OSHA would withdraw its Infectious Diseases rulemaking from the agenda. Yet, a statement in the latest COVID-19 proposal teases stakeholders about the possibility of an Infectious Diseases proposal.
The preamble text states, “On January 15, 2025, OSHA terminated the [permanent COVID-19 for Healthcare rulemaking] on the basis that the COVID-19 public health emergency was over and any ongoing COVID-19 hazards would be better addressed in a rulemaking focusing on the broader hazard of infectious diseases … To the extent additional [R&R] tools are necessary and appropriate, they could be considered as part of a broader rulemaking that would facilitate employer adoption of more cohesive and consistent [R&R] policies to address workplace-transmissible diseases.”
Key to remember
OSHA proposed to discard the R&R provisions of its COVID-19 regulations in 29 CFR 1910 subpart U. These regulations are more burdensome than R&R requirements for other infectious diseases, argues OSHA. Comments are due September 2nd.
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishFocus AreaUSA
2025-08-05T05:00:00Z
Girl Power! Unique Safety Challenges for Women in the Workplace
Women currently make up 47 percent of the U.S. workforce according to the National Institute of Safety and Health (NIOSH). From construction to cybersecurity and medicine to manufacturing, females have made considerable inroads into traditionally male-dominated professions. However, as women navigate these new territories, they and their employers face unique challenges and hazards. Let’s shed some light on these issues and how industries can protect their girl power.
OSHA’s on top of it!
OSHA has even recognized the unique challenges women face in the workplace, specifically with properly fitting PPE. In fact, on December 12, 2024, the new PPE rule for the construction industry was officially published in the Federal Register with a full compliance date set for January 13, 2025. The new rule requires employers to ensure that protective equipment fits properly for any construction worker who needs it.
Increased risk in certain industries
Many industries have hazards ranging from exposure to toxic chemicals and radiation, to stress and fatigue, and even physical injuries. Most hazards pose the same risks to either gender; however, despite the advancements in technology and safety measures, the rate of work-related incidents for females remains high.
Women may face higher risks at work compared to men due to a combination of biological and physical factors, workplace design, and societal assumptions. These contributing factors can result in quicker fatigue, workplace harassment and violence, and mental stress. Studies show that women are often subjected to higher instances of harassment, discrimination, and violence, particularly in male-dominated industries. For instance, the U.S. Equal Employment Opportunity Commission (EEOC) data reveals that from 2018 to 2021, nearly 78.2% of all sexual harassment allegations in the workplace were reported by women.
Industries with especially high risks for ladies include:
- Manufacturing
- Agriculture and farming
- Transportation and truck driving
- Law enforcement
- Welding
- Construction and roofing
- Electrical
- Sawmills, papermills, and logging
- Telecommunications
Additional industries often overlooked as dangerous for women include:
- Teaching
- Medical and healthcare
- Social work
Though these are the more hazardous industries, all employers have a duty to ensure their hazard assessments consider unique challenges for all work groups – men, women, young workers, temporary workers, and more.
Keys to remember: Employers must recognize that women in the workplace face unique risks like ill-fitting PPE, harassment, and violence. They must offer effective policies, safety protocols, and appropriate equipment to ensure equal protection for all workers.
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishFocus AreaUSA
2025-08-14T05:00:00Z
Beyond the clock: Creating a 24/7 safety mindset
One of the most common challenges safety professionals face isn’t writing policies or developing training programs, it’s keeping employees truly engaged in safety. Ultimately changing their mindset to instinctively consider safety first.
We’ve all seen or maybe even done it ourselves: workers who follow procedures on the job but leave safety behind at the end of the day. Over time, that mindset can lead to a more relaxed attitude toward safety, especially in the workplace. So, how do we change that mindset? How do we make safety a value that workers carry with them at all times—on the job, at home, during their hobbies, and as part of their everyday lives?
Let’s explore how to build a culture where safety isn’t just a rule when clocked in, it’s a way of thinking that goes beyond the workday.
What does safety in the workplace really mean?
At its core, workplace safety is about identifying hazards and minimizing risk. As safety professionals, we’re responsible for:
- Recognizing hazards in the workplace;
- Implementing controls to eliminate or reduce those hazards;
- Ensuring compliance with regulatory standards (OSHA, EPA, NFPA, etc.);
- Developing programs, policies, and procedures; and
- Training employees to understand and apply these safety measures.
These tasks are already challenging. Fortunately, we have regulations, standards, and even technology to guide us. However, the greatest challenge remains the human element.
Building a 24/7 safety culture
You can have the best-written safety program in the world, but if employees don’t buy in, it won’t matter. Some may resist due to personal preferences, misunderstandings, or simply because they don’t see the relevance. That’s where changing the mindset comes in.
To truly engage employees, we need to help them see that safety isn’t just about avoiding injury at work, it’s about protecting themselves for their sake and their loved ones, everywhere they go. When safety becomes personal, it becomes powerful! So how do we make safety stick beyond the workplace?
Make safety personal: Connect workplace hazards to real-life scenarios. For example, proper lifting techniques don’t just prevent back strain in the warehouse, they’re just as important when moving furniture at home.
Involve employees in the process: Invite workers to participate in hazard assessments, safety committees, and solution brainstorming. When they feel ownership, they’re more likely to stay engaged and better prepared to recognize safety issues even outside of work.
Use varied, engaging training methods: Not everyone learns the same way. Mix up your training with hands-on activities, storytelling, videos, and real-life examples to make the content stick. Throw in some stories of at-home incidents as well.
Reinforce safety everywhere: Use signage, toolbox talks, ad hoc conversations, and even recognition programs to keep safety top of mind. Consider extending safety messages to newsletters or social media that reach employees at home .
Workplace safety programs that translate into everyday life
Many workplace safety programs have direct applications outside of work. Here are a few examples:
- Emergency planning – Knowing how to respond in a crisis is just as important at home as it is at work. Similar types of emergencies at work can occur at home, and techniques learned at work can prove valuable at home .
- Fire prevention – Fire safety practices can protect families and homes.
- Hazard communication – Understanding chemical labels and safety data sheets helps identify hazards with household cleaners and DIY projects.
- Ergonomics – Proper posture and workstation setup are important, whether you're sitting at a desk, working at a station, doing household chores, or browsing the internet in your home office.
- Hand tool safety – Using tools at home for repairs or hobbies can be just as dangerous as at work.
- Fall protection and ladder safety – Hanging holiday lights or cleaning gutters require the same safety concepts to prevent falls and stay safe at heights.
Key to remember: Guide employees to internalize safety as a mindset, not just a workplace requirement. When safety becomes second nature, it doesn’t matter whether they’re on the job or off the clock. They’ll think before they act, assess risks instinctively, and protect themselves and others without needing a reminder.
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyForklifts and Powered TrucksPIT Training RequirementsIn-Depth ArticleEnglishFocus AreaUSA
2023-08-07T05:00:00Z
Want to provide forklift training in-house? No problem, here’s how!
Training forklift operators is an OSHA requirement per 1910.178(l). Do you want to do it in house? If you said yes, follow this step-by-step guide.
It all starts with a competent trainer. OSHA’s view is that all operator training and evaluation must be conducted by persons who have the “knowledge, training, and experience” to train operators and evaluate their competence. The standard doesn’t go into any more detail. It’s up to the employer to ensure trainers meet these general qualifications, but OSHA has no requirements for trainers to take certain classes, hold any sort of certifications, or be re-certified as trainers at specified intervals.
Need more information on OSHA’s Forklift Standard? See our ezExplanation on Powered Industrial Trucks. |
The only aspect that OSHA has clarified is that the trainer does need to have experience operating the equipment and attachments. However, the standard doesn’t require that the trainers operate a forklift regularly (that is, outside of their operator training duties) as part of their job function or responsibility.
#1 Start here
First, OSHA requires that all operators must be trained prior to being allowed to operate forklifts. And the same thing goes for pallet trucks, order pickers, and stand-up units…. Any powered type of material handling equipment requires training.
But what does training entail? Well, the OSHA regulations are very specific. All operators must receive a combination of training. Training must consist of formal training, which is a lecture, discussion, interactive computer learning, video tape, written material, and so on.
They must also receive practical training, which means demonstrations performed by the trainer and practical exercises performed by the trainee.
And the third component is that operators must receive a performance evaluation. So, they must operate the equipment and be observed and evaluated before being considered trained per the OSHA standard.
Usually, you’ll introduce the concepts during the classroom portion of training, the more informational aspects, such as the OSHA requirements. Then you’ll use the practical part of training to familiarize trainees with controls, talk about load handling, and so on. With the practical part, it’s usually best to ramp up the training, meaning start with simple skills and then build on those.
#2 Train on these topics
Aside from requirements for how to do the training, OSHA gives us a detailed list of topics to cover during the training.
The main categories are truck-related and workplace-related topics. And remember that OSHA does require you to include information on OSHA’s forklift standard as part of the training program. This requirement can be easy to overlook, but a good way to approach it is in the classroom portion of the program.
Keep in mind that if a topic doesn’t apply to your trucks or workplace, you don’t have to train on it. For example, if you don’t have any ramps or hazardous (classified) locations in your facility, your forklift operators don’t need training on these topics.
Truck-related topics include the following:
- Operation instruction, warnings
- Differences between forklift and automobile
- Controls, instrumentation
- Engine, motor operation
- Steering
- Visibility, restrictions
- Fork, attachment operation
- Capacity
- Stability
- Inspection, maintenance
- Refueling, recharging
- Operating limitations
- Operator’s manual instructions, precautions
Workplace-related topics are examples like these:
- Surfaces
- Load composition
- Load handling
- Pedestrians
- Narrow, restricted areas
- Hazardous (classified) locations
- Ramps
- Poor ventilation
- Other hazards
#3 Determine success
The trainees must successfully complete the formal and practical instruction, but how you determine success is up to you. For the classroom portion, you could give a written or oral test or otherwise evaluate the trainees’ knowledge. For the practical training, the trainee must be able to safely perform all the operations used on the job.
#4 End here
An evaluation of the operator’s performance in the workplace must be conducted at the time of initial training. And an evaluation is required to determine the effectiveness of any refresher training.
Also, you must conduct an evaluation at least every three years. This means that at least once every three years every operator must be observed while they operate in the workplace under actual workplace conditions. During the evaluation, the operator must also be able to answer pertinent questions to demonstrate they have the knowledge to operate the forklift safely.
A key point to note here, this evaluation must be more than just a written or verbal test. The employer must observe the operator in action performing all typical tasks related to running the forklift. And, going back to where we started, the evaluation must be conducted by someone who has the knowledge, training, and experience to evaluate the truck operator’s competence.
Document the evaluation — this means placing a record in your training file that includes the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.
Action item
This may be a good time for you to review your options for training forklift operators to ensure they’re meeting these guidelines. And, it’s always a great idea to have all your training procedures in written format for consistency.
Key to remember
Training forklift operators is an OSHA requirement. Follow this step-by-step guide and you can do it in-house.
NewsIndustry NewsIndustry NewsSafety & HealthGeneral Industry SafetyOccupational Safety and Health Administration (OSHA), DOLEnglishFocus AreaUSA
2019-05-01T05:00:00Z
OSHA revises forklift safety QuickCard
OSHA has revised its Safe Forklift Operation QuickCard to include more tips for safe operation. The card describes ways to mitigate the risks associated with operating and working around forklifts. Hazards to employees include collisions, falls, tip-overs, and struck-by conditions.
In addition to guidance on safety training and forklift maintenance, the QuickCard offers basic forklift operator safety tips, including:
- Always follow manufacturer’s instructions for vehicle operation
- Always wear a seatbelt when provided
- Never exceed the rated load and make sure the load is stable and balanced
- Do not raise or lower the load while traveling
- Keep a safe distance from platform and ramp edges
- Be aware of other vehicles in the work area
- Have clear visibility of the work area when loading and operating a forklift
- Use proper footing and the handhold to enter the lift
- Use horns at cross aisles and obstructed areas
- Watch for pedestrians and observe the speed limit
- Do not give rides or use the forks to lift people
NewsIndustry NewsEnforcement and Audits - OSHAHead ProtectionPersonal Protective EquipmentSafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaPersonal Protective EquipmentUSA
2024-04-03T05:00:00Z
Does OSHA suddenly require “helmets” now instead of hard hats?
Ever since OSHA published its Trade Release on December 11, 2023, people have been scratching their heads about the “new” PPE requirement.
But here’s the thing. There isn’t a new requirement for “helmets” instead of hard hats.
So where’s the confusion? And what is actually required?
OSHA’s announcement on helmets vs. hard hats
OSHA released a Safety and Health Bulletin (SHIB 11-22-2023) on November 22, 2023, detailing the key differences and benefits of using modern safety helmets over traditional hard hats.
And just a few weeks later, in the December 11, 2023 Trade Release, the Agency announced it would now require its inspectors to wear Type II head protection, which is also commonly referred to as safety helmets.
The two main benefits of Type II safety helmets
The November 22, 2023 SHIB discussed two main benefits of choosing modern safety helmets over traditional hard hats -- the construction of materials and the use of chinstraps.
Construction of Materials: | The SHIB first explained that one of the benefits of safety helmets lies in their construction materials. While hard hats are made from hard plastics, safety helmets incorporate a combination of materials, including lightweight composites, fiberglass, and advanced thermoplastics. Such materials can help enhance the impact resistance of the helmets but also include the added benefit of reducing the overall weight of the helmet. This reduces neck strain and improves comfort during extended use. |
Use of Chinstraps: | The SHIB also discussed the potential benefits of chinstraps used in conjunction with Type II safety helmets. The general idea here is that chinstraps can be helpful in maintaining the position of the safety helmet and protecting the worker’s head in the event of a slip, trip, or fall. According to data from the Bureau of Labor Statistics, head injuries accounted for nearly 6% of non-fatal occupational injuries involving days away from work. About 20% of those were caused by slips, trips, and falls. |
And while OSHA has recognized the benefits of Type II safety helmets, and is actively taking steps to protect its own employees, it’s important to understand that there is not a new requirement for employers to make the switch to safety helmets.
That being said, a growing number of employers have recognized the benefits of added head protection and are choosing to use Type II helmets for their workers. In addition, some clients are starting to contractually require their construction contractors to make the switch as well.
Understanding the different types of head protection
Hard hats will have a Type I or Type II rating on the manufacturer’s sticker. These markings are based on ANSI Z89.1’s impact ratings.
Type I hard hats protect from objects or impacts from the top center area of the hard hat and are often used in work areas with no lateral head impact hazards.
Type II hard hats, on the other hand, offers protection from both top and lateral impacts and objects and is often found on construction job sites or complex general industry settings where workers face multiple head contact exposures.
Hard hats are classified based on their level of voltage protection. See the chart below.
Class G – (General) low voltage protection. Class E – (Electrical) high voltage protection. Class C – (Conductive) no voltage protection. |
Choosing the right head protection for your employees
Employers should conduct a job hazard analysis and/or a PPE assessment to determine which style hard hat is best for their workers. In general, OSHA recommends the use of Type II safety helmets at the following locations:
1. Construction Sites: For construction sites, especially those with high risks of falling objects and debris, impacts from equipment, or slips, trips, and falls, safety helmets have enhanced impact resistance and additional features that offer superior protection compared to the components and construction of traditional hard hats.
2. Oil and Gas Industry: In these sectors where workers face multiple hazards, including potential exposure to chemicals and severe impacts, safety helmets with additional features can provide comprehensive protection.
3. Working from Heights: For tasks or jobs that involve working from heights, safety helmets offer protection of the entire head and include features that prevent the safety helmet from falling off.
4. Electrical Work: For tasks involving electrical work or proximity to electrical hazards, safety helmets with non-conductive materials (Class G and Class E) provide protection to prevent electrical shocks. However, some traditional hard hats also offer electrical protection.
5. High-Temperature Environments: In high temperatures or where there is exposure to molten materials, safety helmets with advanced heat-resistant properties can provide additional protection to workers.
Key to remember: While there isn’t a new requirement for safety helmets, employers should review their workplace hazards to determine which style of hard hat will best protect their employees.
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