Classifying and authoring: Basics of HazCom SDS creation

Classifying and authoring: Basics of HazCom SDS creation

2025-11-05T06:00:00Z

Does your company manufacture, process, formulate, blend, extract, generate, emit, repackage, or import hazardous chemicals? If so, you have to classify the chemical hazards (unless exempted at 1910.1200(b)(6)) and share that information with downstream users. It’s part of OSHA’s Hazard Communication (HazCom) standard at 29 CFR 1910.1200. Hazard classification provides the basis for the information offered in safety data sheets (SDSs).

Distributors and employers also may choose to conduct hazard classifications if they’re concerned about the adequacy of the hazard information received on SDSs for the chemicals they distribute or use.

Hazard classes and categories

OSHA uses the “hazard class” and “hazard category” approach to break down the hazardous effects of chemicals into levels of severity:

Hazard class — The nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity. Most hazard classes are further sub-divided into categories of hazard. Each hazard or endpoint, such as explosives or carcinogenicity, is a hazard class.
Hazard category— The division of criteria within each hazard class that compares hazard severity within a hazard class. The lower the category number, the higher the severity within that class (for example, a Category 1 flammable gas is more flammable than a Category 2). There can be up to five categories.

OSHA also added two “defined hazards” into the HazCom standard to address known hazards with no corresponding classification — simple asphyxiants and combustible dusts.

When a chemical has a hazard that doesn’t meet the specified criteria for physical and health hazard classes addressed in Appendices A and B, it’s considered a “hazard not otherwise classified” (HNOC).

Hazard classification

Testing chemicals is not required under HazCom, but a manufacturer or importer may certainly do so. According to OSHA, classification means to:

Identify the relevant data regarding the hazards of a chemical;
Review those data to ascertain the hazards associated with the chemical; and
Decide whether the chemical will be classified as hazardous according to the definition of hazardous chemical at 1910.1200(c), any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, or HNOC.

In addition, classification for health and physical hazards includes figuring out the degree of hazard, where appropriate. This involves comparing the data with the criteria for health and physical hazards at Appendix A and B to 1910.1200.

Putting hazard classification into steps, it might go something like this:

Identify the non-exempted chemical to review.
Collect studies, reports, and other data about the chemical.
Review the relevant data to determine the hazards associated with the chemical.
Determine whether the chemical meets the definition of “hazardous chemical.”
If it’s not a hazardous chemical by definition, then no further action is required. However, some chemical manufacturers and importers choose to create SDSs and state in Section 2 that the chemical doesn’t meet the definition of “hazardous chemical” in 1910.1200.
Determine the degree of the hazard, where appropriate, by comparing the data with the criteria for health hazards (Appendix A) and physical hazards (Appendix B).

All of the chemical hazards must be assessed, and the classifier must consider the potential exposures that may occur when the product will be used downstream.

Refer to 1910.1200(d) for OSHA’s classification requirements.

Authoring the SDS

Chemical manufacturers and importers must obtain or develop an SDS for each hazardous chemical they produce or import that is not exempted at 1910.1200(b)(6). A required data sheet must include at least the section numbers and headings and associated information under each heading, in the order listed at 1910.1200(g)(2).

Appendix D to 1910.1200 outlines the mandatory minimum information required on the SDS. While each section of the SDS must contain all of the specified information, preparers of SDSs are not required to present the information in any particular order within each section. If no relevant information is found for any given subheading within a section, the SDS must clearly indicate that no applicable information is available. Note that sections 12 to 15 may be included in the SDS but are not mandatory.

The chemical manufacturer or importer preparing the SDS must ensure that the information provided accurately reflects the scientific evidence used in making the hazard classification. If the preparer later becomes aware of any significant information, or ways to protect against the hazards, this new information must be added to the SDS within three months.

Any party who changes the SDS (for example, changing the name or identity of the chemical) becomes responsible for it under 1910.1200(g) regardless of whether it’s a chemical manufacturer, importer, distributor, or employer.

Key to remember: Chemical manufacturers and importers must classify the hazards of the non-exempt chemicals they produce or import. These hazards must be shared with downstream users of the chemical through SDSs.

Hazard classes and categories

OSHA uses the “hazard class” and “hazard category” approach to break down the hazardous effects of chemicals into levels of severity:

Hazard class — The nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity. Most hazard classes are further sub-divided into categories of hazard. Each hazard or endpoint, such as explosives or carcinogenicity, is a hazard class.
Hazard category— The division of criteria within each hazard class that compares hazard severity within a hazard class. The lower the category number, the higher the severity within that class (for example, a Category 1 flammable gas is more flammable than a Category 2). There can be up to five categories.

OSHA also added two “defined hazards” into the HazCom standard to address known hazards with no corresponding classification — simple asphyxiants and combustible dusts.

Hazard classification

Testing chemicals is not required under HazCom, but a manufacturer or importer may certainly do so. According to OSHA, classification means to:

Identify the relevant data regarding the hazards of a chemical;
Review those data to ascertain the hazards associated with the chemical; and
Decide whether the chemical will be classified as hazardous according to the definition of hazardous chemical at 1910.1200(c), any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, or HNOC.

Putting hazard classification into steps, it might go something like this:

Identify the non-exempted chemical to review.
Collect studies, reports, and other data about the chemical.
Review the relevant data to determine the hazards associated with the chemical.
Determine whether the chemical meets the definition of “hazardous chemical.”
If it’s not a hazardous chemical by definition, then no further action is required. However, some chemical manufacturers and importers choose to create SDSs and state in Section 2 that the chemical doesn’t meet the definition of “hazardous chemical” in 1910.1200.
Determine the degree of the hazard, where appropriate, by comparing the data with the criteria for health hazards (Appendix A) and physical hazards (Appendix B).

All of the chemical hazards must be assessed, and the classifier must consider the potential exposures that may occur when the product will be used downstream.

Refer to 1910.1200(d) for OSHA’s classification requirements.

Authoring the SDS

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Most Recent Highlights In Environmental

2025-11-03T06:00:00Z

Waste not, risk not: The overlap between waste handling and worker safety

When we think of workplace safety and environmental compliance, we usually picture two different scenarios. With safety, we see hard hats, gloves, and fall protection. With environmental, we picture labels, manifests, and disposal paperwork. But the truth is, the two are deeply connected and every waste container on site represents both an environmental responsibility and safety risk. Handling waste often exposes employees to greater hazards than the production itself. A leaking drum, a poorly sealed container, or an unmarked bottle can release fumes or create flammable conditions. Physical strain from lifting or rolling heavy drums adds another layer of danger, and even universal wastes like lamps and batteries bring risk of mercury exposure, acid leaks, and electrical shock. Those examples are routine tasks that happen every day in maintenance shops, warehouses, and manufacturing plants and often they are managed by workers who are experienced but are rarely recognized as being on the front line of safety.

Where compliance and safety intersect

Several OSHA and EPA standards overlap, yet facilities often treat them as separate worlds. OSHA’s Hazard Communication standard requires clear labeling and training while EPA’s hazardous waste rules demand compatible labeling, containment, and emergency planning. Both sets of regulations aim for the same outcome, which is to prevent harm to people and the environment.

When environmental and safety programs coordinate using unified labels, joint inspections, and shared training, compliance becomes simpler and safer. The goal is not to double the paperwork; it is to eliminate the gaps between programs where accidents tend to happen.

The pitfalls and how to fix them

Many facilities unintentionally create risk through small, everyday habits. A “temporary” container sits too long and becomes a forgotten storage drum. Workers mix incompatible residues, not realizing how reactive they can be. Gloves designed for a certain chemical do not protect against concentrated waste. All too often, basic housekeeping is overlooked like open funnels, overfilled containers, or clutter blocking access around drums. These issues rarely start with negligence; they start with assumptions. When waste handling feels routine, people stop seeing it as hazardous. That is when accidents occur. The solution is a unified, proactive approach. Waste areas should be treated as active work zones, not as storage closets. That means safety and environmental staff walking the same floor, inspecting the same containers, and addressing both compliance and ergonomics together. Training should connect the dots between RCRA waste management, hazard communication, and PPE; helping workers understand that residues can behave differently than the materials they started with.

Physical improvements also matter. Adding spill pallets, proper lighting, mechanical drum lifters, and ventilation can reduce both environmental violations and injuries. Like safety, when something goes wrong such as a leak, overfill, or a missing label, it should be handled as a near-miss. Treating these events with the same attention as a near-miss will prevent recurrence and reinforces accountability.

Waste reduction = risk reduction

Waste prevention is not just an environmental initiative; it is one of the strongest safety strategies a company can adopt. Fewer materials used means fewer containers stored, moved, or disposed of. Choosing less hazardous chemicals, ordering smaller quantities, and tracking where waste originates all reduce exposure opportunities. Every gallon of solvent avoided is one less gallon that can leak, spill, or ignite.

Keys to remember: When OSHA and EPA priorities are treated as one, the workplace becomes not only more compliant, but genuinely safer for everyone.

2025-10-28T05:00:00Z

Air permitting challenges for portable machinery

Portable generator engines, rock crushers, and aggregate processing units are designed to move from site to site. However, under certain conditions, these mobile units may be reclassified as stationary sources of air pollution. This shift in classification can trigger regulatory requirements that operators may not anticipate, including permitting, emissions monitoring, and reporting obligations.

Defining stationary sources under the Clean Air Act

The Clean Air Act defines a stationary source as any building, structure, facility, or installation that emits (or has the potential to emit) air pollutants. The Environmental Protection Agency (EPA) further clarifies that portable equipment becomes stationary if it remains at a single location for more than 12 consecutive months. This rule applies regardless of whether the equipment was originally designed to be mobile.

For example, a portable diesel engine used to power a rock crusher may be considered stationary if it operates at the same site for over a year. Once reclassified, the equipment may be subject to federal standards such as New Source Performance Standards (NSPS) or National Emission Standards for Hazardous Air Pollutants (NESHAP).

State-level interpretations and variations

While EPA provides overarching guidance, individual states often implement their own rules and permitting frameworks. These can vary significantly depending on local air quality concerns, industrial activity, and enforcement priorities.

California’s Portable Equipment Registration Program allows certain engines and equipment to operate statewide without obtaining site-specific permits, provided they meet emission standards and are properly registered. In contrast, Texas requires a permit for rock crushers that operate at a site for more than 12 months, aligning closely with EPA’s definition of stationary sources. Maine uses a Crusher Identification Number system to track emissions from portable units and ensure compliance with state regulations.

Some states also impose thresholds based on horsepower, fuel type, or emission potential. Equipment that exceeds these thresholds may require a stationary source permit even if it's moved periodically.

Compliance challenges and enforcement risks

Misunderstanding the distinction between portable and stationary sources can lead to significant compliance issues. Operators may assume that mobility exempts equipment from permitting, only to discover that prolonged use at a single site has triggered regulatory oversight. Failure to obtain the proper permits or meet emission standards can result in fines, enforcement actions, and operational delays.

Recordkeeping is another common challenge. Regulators often require documentation showing how long equipment has been at a site, its emission characteristics, and any relocations. Without accurate records, operators may struggle to prove that their equipment qualifies as portable.

Best practices for operators

To be compliant, operators should:

Monitor and record how long each unit remains at a location,
Understand the emissions profile and horsepower of their equipment,
Review both federal and state regulations before deploying portable units,
Maintain detailed records of equipment movement and usage, and
Consult with environmental agencies when planning long-term projects.

Proactive communication with regulators can help clarify requirements and avoid costly surprises. In some cases, applying for a general or portable permit may be the simplest way to ensure compliance.

Key to Remember: Portable equipment doesn’t stay exempt forever. If it remains at one site too long, it may be regulated as a stationary source, bringing new rules, responsibilities, and risks.

2025-10-17T05:00:00Z

HazCom, Hazmat, and HazWaste: Unpacking applicability and training requirements

No matter what you call them, hazardous chemicals are regulated by OSHA, DOT, and EPA depending upon what you’re doing with those chemicals. Three of the most confusing sets of regulations related to chemicals include:

Hazard Communication (HazCom), 29 CFR 1910.1200 — OSHA requires that chemical hazards be communicated downstream from the manufacturer, importer, or distributor to employers and employees. This communication takes the form of safety data sheets (SDSs), labels, and information/training.
Hazardous Materials (Hazmat), 49 CFR 171 to 180 — DOT regulates hazmat. Hazmat regulations are aimed to ensure that hazmat is packaged and handled safely during transport.
Hazardous Waste (HazWaste), 40 CFR 260 to 299 — EPA explains that HazWaste is solid waste that is listed as hazardous OR that exhibits a characteristic of HazWaste (ignitability, corrosivity, reactivity, or toxicity). HazWaste is waste with properties that make it dangerous or capable of having a harmful effect on human health and the environment.

OSHA HazCom

HazCom applies to “any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.” The OSHA regulation has requirements for hazardous chemical manufacturers, importers, distributors, and employers.

HazCom-covered employers must ensure containers of non-exempt hazardous chemicals are labeled, SDSs are readily accessible to employees in their work areas, and effective information/training is provided for exposed employees. They must also prepare and implement a written HazCom program (which includes a chemical inventory), unless they only have exempted operations under 1910.1200(b)(3) and/or (b)(4).

Covered employees have a right to understand the chemical hazards in their workplace. Training is key to ensuring employees have that understanding. Employees must be trained prior to initial assignment with hazardous chemicals and whenever a new chemical hazard is introduced. Employers must cover the elements in 1910.1200(h).

DOT Hazmat

The hazmat regulations apply to those involved in three primary types of activities: pre-transportation functions, transportation functions, and hazmat packaging. Pre-transportation functions include activities performed by the hazmat shipper and deal largely with paperwork. Transportation functions, on the other hand, include activities performed by those directly involved in transporting hazmat, including drivers.

“Hazmat employees” must be trained per 49 CFR 172.704 within 90 days of employment or job function assignment, and refresher training is mandated at least once every three years. Employees are considered hazmat employees if they directly affect hazmat transportation safety. See 49 CFR 171.8 for a detailed definition of hazmat employee.

The DOT says, “Training conducted by OSHA, EPA, and other Federal or international agencies may be used to satisfy the training requirements in 172.704(a) to the extent that such training addresses the components specified in paragraph (a) of this section (general awareness/familiarization; function-specific; safety; security awareness; in-depth security training, if a security plan is required; and driver training for each hazmat employee who will operate a motor vehicle).”

EPA HazWaste

Every business deals with waste and must know how to properly dispose of it. Most states are authorized to run their own HazWaste programs, so a facility needs to be aware of state (and often local) HazWaste regulations. When waste is generated, the facility must identify the waste and determine if it is HazWaste by definition.

EPA’s HazWaste generator regulations at 40 CFR 262 apply differently depending upon the “generator category” (large quantity (LQG), small quantity (SQG), and very small quantity (VSQG)), which is determined by how much HazWaste a facility generates each month. Therefore, under Part 262, employee training requirements too are based on the generator category.

SQGs must train employees according to 40 CFR 262.16. SQGs have basic training requirements. They must ensure employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. LQG personnel training requirements are found at 40 CFR 262.17. Being large, these generators are required to meet much more extensive training requirements. It’s a best practice for VSQGs to train employees to safely handle HazWaste, but it’s not specifically called out in EPA’s HazWaste generator regulations. However, other training regulations, such as those for OSHA and DOT may come into play.

Key to remember: No matter what you call them, hazardous chemicals are regulated by OSHA, DOT, and EPA depending what you’re doing with those chemicals. Employers must understand what regulations apply to their situation and train employees accordingly.

2025-10-14T05:00:00Z

No inspectors, no excuses: Why compliance still matters in a government shutdown

There have been 21 federal shutdowns since 1976, with an average duration of 8 days. The longest shutdown (in 2018–2019) lasted 35 days. Shutdowns aren't uncommon. When federal agencies shut down, inspections stall, enforcement actions pause, and regulatory oversight slows. For many companies, this might seem like a temporary reprieve from environmental scrutiny. But for professionals committed to environmental excellence, it’s an opportunity, not a loophole. The absence of enforcement doesn’t mean the absence of responsibility.

Why compliance still matters, even without enforcement

Environmental compliance isn’t just about avoiding fines. It’s about protecting worker health, community trust, and long-term operational stability. During a government shutdown, the temptation to defer environmental investments or relax internal standards can grow. But doing so risks more than future penalties; it undermines the credibility of your environmental program and can lead to reputational damage.

It’s also important to note that state programs are still typically operational and active during federal shutdowns, so inspections and compliance activities for state-authorized programs continue.

Making the business case for continued investment

To convince management and stakeholders, frame environmental excellence as a strategic asset:

Risk management: Environmental lapses can still be discovered post-shutdown, and penalties may be retroactive.
Operational efficiency: Many environmental controls improve process reliability, reduce waste, and lower energy costs.
Brand and stakeholder trust: Investors, customers, and communities increasingly expect companies to go beyond compliance.
Permit renewals and expansions: Agencies may scrutinize historical performance when reviewing future applications.

Use real-world examples or internal metrics to show how environmental investments have paid off — even when enforcement wasn’t the driver.

Strategies for promoting excellence during a shutdown

Environmental professionals can lead by example and keep the momentum going:

Maintain internal audits and inspections: Show that oversight continues, even if external reviews pause.
Communicate proactively: Share updates with leadership about ongoing compliance efforts and environmental performance.
Highlight cost savings: Quantify how environmental initiatives reduce resource use, waste disposal costs, or downtime.
Engage employees: Reinforce the company’s environmental values through training, recognition, and involvement.

Turning downtime into opportunity

A shutdown can be a chance to strengthen internal systems:

Review and update environmental management plans.
Conduct training or tabletop exercises.
Evaluate historical data to identify trends and areas of improvement.
Prepare for future inspections with mock audits or gap analyses.

These efforts demonstrate commitment and prepare your team for when oversight resumes.

Key to remember: Environmental excellence isn’t just about avoiding fines. It’s about building a resilient, responsible, and respected operation. Even when enforcement pauses, your commitment shouldn’t.

EHS Monthly Round Up - September 2025

In this September 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’s happened over the past month.

OSHA released its Spring 2025 regulatory agenda on September 4. Many rulemakings have been pushed into the fourth quarter of 2025 and the first half of 2026, while a few have been removed from the agenda altogether. These include Infectious Diseases, Blood Lead Level for Medical Removal, and the Musculoskeletal Disorders Column on the OSHA 300 log.

Three rules moved into the long-term actions category – Workplace Violence in Health Care and Social Assistance, Cranes and Derricks in Construction, and Process Safety Management and Prevention of Major Chemical Accidents. The proposed rule stage saw an influx of new entries, most of which were published in the July 1 Federal Register.

The Standards Improvement Project, slated for proposal in May 2026, intends to “remove, modernize, or narrow duplicative, unnecessary, or overly burdensome regulatory provisions.”

OSHA renewed its alliance with the National Waste and Recycling Association and the Solid Waste Association of North America. The partnership will focus on safety issues such as transportation hazards; slips, trips, and falls; needlestick and musculoskeletal injuries; and health issues associated with lithium battery hazards in waste/recycling collection and processing.

For the 15th year in a row, fall protection for construction topped OSHA’s list of top 10 violations. In fiscal year 2024, there were 5,914 recorded fall protection violations, down from 7,271 in fiscal year 2023. The standards that round out the top 10 remain unchanged, with a shift in some of the rankings.

Turning to environmental news, EPA proposes to eliminate the Greenhouse Gas Reporting Program requirements for all source categories except the petroleum and natural gas systems category. The agency also proposes to suspend compliance obligations for covered facilities until 2034. A public hearing was held October 1 and stakeholders have until November 3 to comment on the proposal.

Hazardous waste handlers may continue to use 5-paper copy manifest forms. EPA announced it will accept these forms from entities regulated by the Resource Conservation and Recovery Act, or RCRA, until further notice. The agency will give a 90-day notice before it plans to stop accepting the 5-copy forms.

And finally, EPA published its Spring 2025 regulatory agenda on September 4. The agenda outlines the agency’s upcoming regulatory actions and their status in the rulemaking process. Major updates on the docket include those for greenhouse gases, risk management rules, and the Renewable Fuel Standards for 2026 and 2027.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

Most Recent Highlights In Transportation

2025-10-06T05:00:00Z

What are the 3 types of National Pretreatment Program standards?

Industrial and commercial facilities produce significant amounts of pollutant-containing wastewater. Sending these waste streams to public wastewater and sewage treatment facilities as-is can cause major problems since these facilities usually aren’t designed to handle toxic or unexpected industrial pollutants. That’s why facilities have to pretreat wastewater before sending it to the treatment facility.

Industrial and commercial sources that discharge pollutant-containing wastewater to a publicly owned treatment works (POTW) facility are called industrial users (IUs). You may also see them referred to as “nonpoint sources” and “indirect dischargers.” These facilities are subject to the National Pretreatment Program, which is part of the National Pollutant Discharge Elimination System (NPDES) Permit Program.

The Environmental Protection Agency’s (EPA’s) National Pretreatment Program mandates IUs to comply with all applicable federal, state, and local standards to discharge wastewater to a POTW. The federal program has three types of pretreatment requirements:

National prohibited discharge standards,
National categorical pretreatment standards, and
Local discharge limits.

Understanding the differences between the types of pretreatment program standards is essential, especially since your facility may have to comply with all three.

What are the types of pretreatment standards?

IUs must obtain permits or comply with other control mechanisms to discharge wastewater to a POTW. Let’s look at the three kinds of pretreatment standards that may apply.

Prohibited discharge standards are national standards consisting of general and specific prohibitions that forbid facilities from discharging certain pollutants.

The general prohibitions ban IUs from discharging any pollutants to a POTW that can cause pass through or interference (defined at 40 CFR 403.3).
The specific prohibitions ban IUs from discharging eight kinds of pollutants (defined at 403.5(b)), such as those that pose a fire or explosion hazard to the POTW.

Categorical pretreatment standards are national limits that apply to wastewater discharged by facilities in specific industrial categories.

EPA sets effluent limitations guidelines and standards (ELGs) for the covered industrial categories to prevent discharges from IUs that can pass through or interfere with the works or otherwise disrupt POTW operations. ELGs give numerical, technology-based limits for the quantity, concentration, or properties of a pollutant that IUs can discharge to a POTW.

Local limits are established by POTWs and are specific to each site, so requirements vary across different POTW pretreatment programs. Local limits prevent pollutant discharges from IUs that can pass through or interfere with the works, contaminate sludge, and/or endanger worker health and safety.

POTWs set effluent discharge limits, which can be numerical or narrative (for example, no discharging toxics in toxic amounts). Standards may also include best management practices, such as taking actions to control plant site runoff.

Who enforces the pretreatment standards?

Generally, POTWs implement the NPDES National Pretreatment Program at the local level. EPA requires large POTWs and smaller POTWs with significant industrial discharges to develop local pretreatment programs. Through EPA-approved local programs, POTWs enforce the national standards and requirements in addition to any stricter local regulations that apply.

Where EPA hasn’t approved a POTW’s local pretreatment program, it's administered by the state (if approved to do so) or EPA regional office.

Where does my facility start?

If your facility is subject to the NPDES National Pretreatment Program, first identify the kind of IU your facility is: an IU, a significant IU, or a categorical IU. The category determines the requirements that may apply.

Keep in mind that all IUs must comply with the applicable federal pretreatment program requirements:

Regardless of whether the POTW has an approved pretreatment program, and
Regardless of whether the IUs have been issued a permit or control mechanism.

Significant IUs (defined at 403.3(v)) and categorical IUs (i.e., facilities subject to one of the categorical standards in Parts 405–471) have additional federal requirements. Generally, these facilities must also meet local limits.

Key to remember: Industrial and commercial facilities must comply with the National Pretreatment Program before discharging pollutant-containing wastewater to a publicly owned treatment works facility.

2025-10-01T05:00:00Z

How the government shutdown affects employers

On October 1, the federal government shut down. As a result, private employers and employees, as well as federal contractors and government employees, will likely face delays in services and programs until a resolution is reached.

Below is a recap of how the shutdown impacts several key federal agencies and what to expect.

Federal Motor Carrier Safety Administration (FMCSA)

It’s generally business as usual for the FMCSA. Roadside inspections are considered an essential safety function. Both federal and state enforcement partners perform these inspections, and most weigh stations are run by state Department of Transportation (DOT) agencies, which aren’t directly affected by a federal shutdown.

Drivers should assume inspections will continue as normal. Violations will still result in citations, out-of-service orders, and compliance reviews.

While the day-to-day enforcement likely won’t change, some aspects of the FMCSA and DOT operations may slow down, such as:

Rulemaking and new initiatives: Any changes to federal regulations will pause.
Audits and investigations: Compliance reviews and safety audits may take longer, although the enforcement of violations will continue.
Administrative support: Processing non-urgent matters, permits, or correspondence may be slower.

New registrations and filings, such as new USDOT numbers, new authority, and Unified Carrier Registration filings, will likely experience delays until the shutdown is resolved.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

The picture is more complex at PHMSA. The DOT plan says about one-third of the agency's 580 employees are expected to be furloughed. Inspections of hazardous materials shippers, carriers, and other entities will continue, as will enforcement of the hazardous materials safety regulations. However, a variety of administrative functions are expected to be impacted, including non-emergency approvals and permits, rulemaking activities, research, grants, outreach, and the hazmat registration and fee-collection program.

Occupational Safety and Health Administration (OSHA)

OSHA will continue only its essential functions, including:

Inspections for imminent danger situations, workplace fatalities, and catastrophes;
Review and referral of whistleblower complaints tied to imminent threats;
Follow-up inspections of serious violations without abatement; and
Enforcement actions needed to meet statutory deadlines on high-risk cases.

All other agency activities such as rulemaking, programmed inspections, compliance assistance, website updates, and outreach programs are suspended. Only employees designated as essential may continue working, and the Occupational Safety and Health Review Commission halts all operations for the duration of the shutdown.

Environmental Protection Agency (EPA)

EPA has implemented its contingency plan, resulting in a significant reduction in operations. Approximately 90 percent of EPA staff have been furloughed, leaving around 1,700 personnel to continue essential functions, including emergency response operations, law enforcement, criminal investigations, maintenance of critical laboratory assets, and Superfund site work only if halting it poses an imminent threat to human life.

Most routine EPA functions have been suspended (like issuing permits and regulations). The agency has also paused work on climate-related regulations and restructuring efforts unless deemed essential or funded through exempted sources (e.g., Infrastructure Investment and Jobs Act or specific fee-based programs).

Equal Employment Opportunity Commission (EEOC)

The EEOC, which investigates discrimination claims, is closed during the shutdown. The agency won’t be responding to inquiries during this time, but a limited number of services will still be available. If employees want to file a discrimination charge, they should be aware that time limits for filing a charge won’t be extended due to the shutdown.

Additional information on filing new charges, the status of pending charges, or other existing business with the EEOC, etc., will likely be delayed. During the shutdown, information on the EEOC website won’t be updated. In addition, transactions submitted via the website won’t be processed, and EEOC staff won’t be able to respond to requests or questions submitted to the EEOC, including those submitted by email or through its website, until the shutdown is over. 

Members of the public who call the EEOC during the government shutdown will be able to access the pre-recorded information available on the EEOC's Interactive Voice Response System, but EEOC staff will not be available to assist them. Email inquiries sent to the agency will be monitored for urgent matters but generally not addressed during the shutdown.

National Labor Relations Board (NLRB)

NLRB offices are closed during the shutdown, and hearings are postponed. Because documents may not be filed on the NLRB website during the shutdown, due dates for filing documents will be extended.

As the 6-month statute of limitations for filing unfair labor practice charges remains in effect, the agency recommends mailing or faxing a copy of the charge to the regional office during the shutdown.

Department of Labor (DOL)

The DOL is also shut down, except for activities such as those needed to protect life and property. All regulatory work has ceased, including the final rules on independent contractors and joint employers.

The Wage and Hour Division (WHD), which enforces laws such as the Fair Labor Standards Act and the Family and Medical Leave Act, dropped from 1,270 employees to 7. Employees won’t be able to file claims under such laws.

The agency will monitor and respond to child labor investigations and will pursue and address legal cases or investigations in jeopardy of being lost due to a statute of limitations or as otherwise ordered by the court. It will also continue to process certain benefits payments and support federal and state unemployment programs.

The Employee Benefits Security Administration (EBSA) generally stopped its research activities, audits, compliance assistance, and IT support.

The Veterans’ Employment and Training Service (VETS) stopped conducting investigations of the Uniformed Services Employment and Reemployment Rights Act.

U.S. Citizenship and Immigration Services (USCIS)

Employers must continue to use the Form I-9 during the shutdown to verify that an employee is eligible to work in the United States. The form must be completed within 3 business days after the employee’s first day of employment.

The form may be downloaded from the USCIS website. The agency expects to retain the majority of its employees during the shutdown.

Employers who use the online E-Verify system to confirm an employee’s eligibility to work in the United States may experience a system shutdown, however. In the event of an E-Verify shutdown, employers won’t be able to create E-Verify cases, run reports, or resolve tentative non-confirmations.

E-Verify employers should continue to complete a Form I-9 for each new employee. After the shutdown ends and the E-Verify system is operational, employers should create E-Verify cases for employees who were hired when the website was not available.

In the event of an E-Verify system shutdown, it’s likely that the USCIS will extend deadlines for creating E-Verify cases and resolving tentative non-confirmations. The agency is expected to provide further guidance.

Federal contractors and government employees

Federal contractors and government employees from shut-down agencies are either furloughed — prohibited from work and unpaid — or required to work without pay if their roles are deemed essential to public safety.

Payments to companies with a federal contract may be delayed, and they may receive a stop-work order. Contracts will not be issued or extended during the shutdown.

The Office of Federal Contract Compliance Programs website is not being updated during the shutdown.

2025-09-25T05:00:00Z

Pre-preconstruction permits: Can building begin without one?

Just like blueprints, hard hats, and scaffolding, permits are synonymous with construction. Most businesses have to get permits before breaking ground on a project. However, recent federal guidance on preconstruction permits for air emissions indicates that some construction activities may be able to start without a permit.

The Environmental Protection Agency (EPA) requires businesses to obtain a preconstruction permit for a new facility or major modifications to an existing facility before starting construction. It ensures that new or modified facilities will be able to comply with air emissions requirements. In September 2025, the agency published guidance (in the form of a response letter), determining that a company may start construction activities on parts of a new facility unrelated to air emissions before obtaining a permit.

Let’s take a look at the preconstruction permit regulations, the facts of the case in the guidance, and EPA’s plans to clarify which construction activities can begin before obtaining a preconstruction permit.

What are the preconstruction permit requirements?

Under the New Source Review (NSR) regulations (40 CFR Part 51 Subpart I and Part 52 Subpart A), businesses that build a new facility or make major modifications to an existing one have to obtain a preconstruction permit to “begin actual construction.” EPA defines “begin actual construction” as “physical on-site construction activities on an emissions unit which are of a permanent nature.” It covers activities including (but not limited to) installing building supports and foundations, laying underground pipework, and constructing permanent storage structures.

There are three types of preconstruction permits: Prevention of Significant Deterioration (PSD) permits, nonattainment NSR permits, and minor source permits. The permits define:

What construction is allowed,
Emissions limits, and
How the source must be operated (if applicable).

It’s important to note that most preconstruction permits are issued at the state or local levels. The requirements must be at least as stringent as EPA’s.

What’s the case?

A county air quality district in Arizona asked EPA to assess whether it may allow a company to start the first phase of construction on a semiconductor manufacturing facility before obtaining an NSR permit if no emissions units are involved.

EPA answered the request with TSMC Arizona Begin Actual Construction — EPA Response Letter (September 2, 2025) and published the letter as new guidance.

Facts of the case

The company builds its facilities in three phases and doesn’t install the semiconductor manufacturing equipment until all phases are complete.

The first phase of construction consists of building the core and shell of the facility, which includes the foundation, a steel superstructure, and external walls. The building will eventually house emissions units (semiconductor manufacturing equipment). However, the company stated that the first phase of construction doesn’t involve any air pollution control devices, emissions units, or foundations for emissions units.

The county air quality district agreed that if a structure contains no emissions unit, it’s not subject to NSR permitting because it doesn’t emit or have the potential to emit pollutants.

EPA response to the case

In the September 2025 response letter, EPA recognized that the definition of “begin actual construction” prohibits on-site construction of an emissions unit without a permit, but it doesn’t prohibit on-site construction of the parts of a facility that don’t qualify as an emissions unit.

The agency determined that the county air quality district may allow the company to start the first phase of construction (even if it’s of a permanent nature) before it obtains an NSR permit as long as it doesn’t involve construction on an emissions unit.

What are EPA’s regulatory plans?

The agency will conduct rulemaking to clarify what construction activities need an NSR permit and what construction activities can proceed without one. It plans to amend the NSR regulations in 2026 by:

Revising the definition of “begin actual construction," and
Establishing how permitting authorities may distinguish parts of a facility that are and aren’t emissions units or parts of emissions units.

Until then, EPA will address preconstruction permitting issues on a case-by-case basis.

How should facilities respond?

If you’re planning to build a new facility or make a major modification to one, consider these tips to help you comply with the NSR regulations:

Check whether the state and local requirements are the same as or stricter than federal rules. The state environmental department’s website is a good place to start.
Contact the permit-issuing agency (likely the state or local air pollution control agency) for direct help with your specific project.
Watch EPA news announcements for updates on rulemaking. You can also track the Federal Register, where the agency publishes proposed and final rules.

Key to remember: EPA plans to conduct rulemaking to help distinguish which construction activities need a preconstruction permit for air emissions and which activities don’t.

2025-09-23T05:00:00Z

CSB says inferno reveals gaping holes in OSHA/EPA regulations

A stunning 17-minute video from the Chemical Safety and Hazard Investigation Board (CSB) animates the turn of events at a Texas terminal facility over six years ago. A broken pump led to a massive fire and significant environmental damage. Despite the process weaknesses at the facility, the video underscores a breach in OSHA and EPA regulations that CSB warns may lead to other incidents in the U.S.

The catastrophic incident

Picture an 80,000-barrel aboveground storage tank. On March 17, 2019, the circulation pump on the tank failed, allowing the release of a flammable butane-enriched naphtha blend. The release was undetected, as vapor accumulated in the area for 30 minutes. The vapor then ignited, resulting in a large-scale fire that spread to 14 other tanks. Fire crews were unable to extinguish it for three days. Black smoke cascaded into the community that was sheltering in place.

Then the petrochemicals, firefighting foams, and contaminated water broke past the secondary containment wall. An estimated 500,000 barrels of the materials then entered an adjacent bayou and reached a shipping channel contaminating a seven-mile stretch.

What did investigators find?

The CSB investigation found technical failures. The video identifies three important but missing things:

Procedures to maintain the mechanical integrity of the pump,
Flammable gas detection systems, and
Remotely operated tank valves.

Outdated tank farm design was also a factor. Tanks were spaced close together and did not have subdivided containment systems.

Despite the process issues, regulatory shortfalls played a prominent role in the board’s findings. CSB Chairperson Steve Owens remarks, “A serious gap in federal regulations also contributed to the severity of this event.”

OSHA regulatory gap

The CSB video, "Terminal Faiure," points out that 29 CFR 1910.119, the OSHA Process Safety Management (PSM) standard, does not cover all flammable liquids. Those stored in atmospheric tanks and kept below their normal boiling point without chilling or refrigeration are not subject to the standard. This is referred to in industry as the “flammable liquid atmospheric storage tank exemption.” See 1910.119(a)(1)(ii)(B).

The terminal facility company took the position that the storage of the butane-enriched naphtha product in the tank was excluded from PSM coverage. It based this stance on the exemption. According to CSB, had the OSHA PSM standard applied to the tank and its equipment, the terminal facility would have been required to implement a formal PSM system.

That system would have given the company a better chance to identify and control hazards for the tank and its equipment. Had the terminal facility put a comprehensive PSM system in place that effectively identified and controlled the tank/equipment hazards, the company could have prevented this incident, argues CSB.

EPA regulatory gap

Unlike the PSM standard, the Risk Management Program (RMP) standard at 40 CFR 68 does not include an exemption for atmospheric storage of flammable liquids. However, CSB highlights that 68.115(b)(2)(i) has a significant loophole. It reads, “[I]f the concentration of the substance is one percent or greater by weight of the mixture, then, for purposes of determining whether a threshold quantity is present at the stationary source, the entire weight of the mixture shall be treated as the regulated substance unless the owner or operator can demonstrate that the mixture itself does not have a National Fire Protection Association [NFPA] flammability hazard rating of 4.”

The terminal facility determined that the butane-enriched naphtha product contained in the tank was not subject to RMP because it was an NFPA-3a rated material. While the CSB is not validating the terminal’s NFPA “3” finding, the board speculates that had the EPA RMP standard applied to the tank and its pump, this incident likely would not have occurred.

CSB recommends closing the regulatory loopholes

In the recently released video, CSB recommends that:

OSHA eliminate the atmospheric storage tank exemption from the PSM standard — The board insists that the atmospheric storage tank exemption in the OSHA standard continues to allow for catastrophic incidents to occur. Without PSM coverage, necessary safeguards are not being implemented for equipment that should otherwise be covered, CSB says.
EPA modify 68.115(b)(2)(i) to expand coverage of its RMP standard to include all flammable liquids, including mixtures, with a flammability rating of NFPA-3 or higher — NFPA-3 flammability rated materials have resulted in significant explosions and fires similar to those contemplated to occur from NFPA-4 rated materials, observes CSB.

Owens emphasizes, “We believe that our recommendations, particularly to OSHA and EPA, to expand regulatory oversight of these kinds of chemicals and facilities will help ensure that a similar incident does not occur in the future.”

Key to remember

A new CSB video recounts the events involved in a massive storage tank fire. At the same time, the video warns of blind spots in OSHA PSM and EPA RMP regulations that may lead to other incidents in the U.S.

2025-09-22T05:00:00Z

The new rules of waste: How 2025 legislation is reshaping corporate environmental compliance

In 2025, sweeping changes to waste laws across the U.S. are forcing companies to rethink packaging, disposal, and reporting practices. From statewide bans on single-use plastics to expanded Extended Producer Responsibility (EPR) programs and chemical recycling reclassification, these updates carry significant compliance implications for corporate environmental health and safety (EHS) teams.

Single-use plastics: New bans and restrictions

Several states have enacted new bans on polystyrene foam containers, plastic straws, and produce bags:

California SB 54, as of January 1, 2025, bans expanded polystyrene (EPS) food containers unless they meet a 25 percent recycling rate. Precheckout bags must be compostable or made of recycled paper (SB 1046).
Delaware SB 51 bans foam containers and plastic stirrers unless requested by the customer.
Oregon SB 543 bans EPS containers and food packaging with intentionally added PFAS.
Virginia bans food vendors from using EPS as of July 1, 2025.

Compliance tip: Audit your packaging inventory and supplier certifications. Ensure alternatives meet compostability or recyclability standards.

Extended Producer Responsibility (EPR): Expanding nationwide

EPR laws now apply in several states. These laws require companies to help pay for recycling and report packaging data:

Maryland SB 901 allows multiple Producer Responsibility Organizations (PROs) and mandates cost-sharing for recycling.
Washington SB 5284 targets consumer packaging with compliance deadlines starting in 2028.
Colorado bans unregistered producers from selling covered products as of July 1, 2025.
California's SB 54 revised draft rules released in May 2025 include new compliance dates and exemptions.

Compliance tip: Register with your state’s PRO, submit packaging data, and prepare for fee schedules. Track deadlines and exemptions closely.

Chemical recycling: Regulatory reclassification and impacts

States like Texas and Pennsylvania now classify chemical recycling as manufacturing, not waste management. This shift encourages investment but also changes permitting and emissions reporting obligations.

Compliance tip: If your facility uses or contracts chemical recycling, review air and water permits. Ensure alignment with manufacturing regulations.

Per and polyfluoroalkyl substances (PFAS): Phaseouts and hazardous waste updates

More states are banning PFAS in packaging, cookware, and more:

Minnesota, Oregon, Rhode Island, and New Mexico have banned or phased out PFAS in consumer products.
Illinois SB 727 aligns PFAS limits in drinking water with the Environmental Protection Agency standards.

Compliance tip: Update product Safety Data Sheets and conduct PFAS audits. Prepare for new reporting under TSCA Section 8(a)(7), including data on manufacture, use, and disposal.

Circular economy and composting: Recent mandates

States are setting zero-waste goals and requiring composting:

Hawaii HB 750 launches a statewide recycling needs assessment.
Maine LD 1065 requires large food waste generators to compost by 2030.

Compliance tip: Evaluate organics diversion programs and infrastructure. Consider partnerships with composting facilities.

EHS teams: What to do now

Map your regulatory exposure: Identify which state laws apply to your operations.
Engage with PROs: Register, report, and participate in rulemaking.
Train staff: Ensure procurement, operations, and legal teams understand new requirements.
Audit packaging and waste streams: Replace banned materials and optimize recycling.
Monitor emerging legislation: Stay ahead of new bills and compliance deadlines.

Key to remember: Staying compliant in 2025 means more than avoiding fines. EHS teams must lead efforts to meet new waste laws and support sustainability goals.

Most Recent Highlights In Safety & Health

2025-09-19T05:00:00Z

EPA proposes to remove GHG reporting requirements for most facilities

The Environmental Protection Agency (EPA) published a significant proposed rule on September 16, 2025. The agency proposes to eliminate the Greenhouse Gas Reporting Program (GHGRP) requirements for nearly all regulated entities except for petroleum and natural gas systems. EPA also plans to suspend compliance requirements for covered facilities until reporting year (RY) 2034.

Further, the proposed rule notes that Congress amended the Clean Air Act in July 2025 to start the Waste Emissions Charge (WEC) program in 2034. The changes essentially reinstate the WEC program that was previously disapproved.

The GHGRP requires covered entities to submit annual reports of GHG emissions. The regulation applies to 47 source categories, including:

Large direct emitters of GHG emissions (25,000 or more metric tons of carbon dioxide equivalent per year),
Fuel and industrial gas suppliers, and
Carbon dioxide injection sites.

What are the possible changes?

EPA proposes to:

Remove the requirements of 40 CFR Part 98 for all source categories under Part 98 except for the Petroleum and Natural Gas Systems source category (Part 98 Subpart W),
Remove the Natural Gas Distribution industry segment (98.230) from the Petroleum and Natural Gas Systems source category, and
Suspend the reporting requirements for the Petroleum and Natural Gas Systems source category until January 1, 2034.

How could this impact facilities?

If finalized, EPA’s proposed rule would have major effects:

Nearly all of the covered source categories (apart from petroleum and natural gas systems) would no longer be subject to the GHGRP regulations after RY 2024.
Natural gas distributors would be removed from Part 98 Subpart W and, therefore, no longer subject to the GHGRP regulations after RY 2024.
Facilities in the Petroleum and Natural Gas Systems source category (except for natural gas distributors) would be subject to the GHGRP regulations. However, requirements wouldn’t apply until RY 2034. The next report would be due by March 31, 2035, and annually thereafter.

About the WEC program

Amendments to Section 136 of the Clean Air Act in 2022 required EPA to start collecting a WEC from facilities in the Petroleum and Natural Gas Systems source category (except those in the natural gas distribution industry segment) that exceed waste emissions thresholds.

In March 2025, a joint congressional resolution disapproved the regulation implementing the WEC program, making the rule ineffective. Further, EPA issued a final rule in May 2025 that removed the WEC regulations from the Code of Federal Regulations.

However, the One Big Beautiful Bill Act (signed into law in July 2025) amended Section 136(g) of the Clean Air Act to begin imposing and collecting a WEC from the Petroleum and Natural Gas Systems source category (except for natural gas distributors) for emissions reported for calendar year 2034 and later.

How can I participate in the rulemaking?

You can register for and attend EPA’s virtual public hearing for the proposed rule on October 1, 2025. Additionally, you may submit public comments on the proposed rule (Docket Id. No. EPA-HQ-OAR-2025-0186) through November 3, 2025.

Key to remember: EPA proposes to eliminate the Greenhouse Gas Reporting Program requirements for all source categories except the petroleum and natural gas systems category and to suspend compliance obligations until 2034.

2025-09-19T05:00:00Z

Expert Insights: Lessons that lead

As we continue to navigate the evolving landscape of regulatory changes, one truth remains constant: environmental compliance isn’t just a regulatory requirement; it must be a priority for leadership. Every facility, regardless of size or sector, can lead by example, not only through innovation but also through the lessons learned from challenges.

One such lesson came from a chemical manufacturing facility we worked with in the Midwest. They experienced a near-miss incident involving a wastewater neutralization tank. During a routine transfer, an operator noticed a sudden pH spike in the effluent stream. Quick thinking and immediate shutdown procedures prevented a potential discharge violation. Upon investigation, they discovered that a mislabeled tote of caustic solution was mistakenly added to the neutralization system.

The root causes? There was a breakdown in labeling protocols and a lack of crosschecking during chemical transfers. The facility responded swiftly by:

Implementing a barcode-based chemical tracking system,
Retraining staff on hazard communication, and
Revising their standard operating procedures.

Since then, the facility has reported zero chemical handling errors and has shared the lessons across the corporate network.

This incident serves as a powerful reminder that environmental compliance isn’t just about systems and sensors. It’s about people, processes, and a culture of vigilance. Mistakes can happen, but how we respond defines our commitment to continuous improvement.

We encourage you to reflect on your own facility’s “teachable moments.” Share them. Learn from them. Every lesson learned is a step toward a safer and more compliant operation.

2025-09-12T05:00:00Z

e-Manifest Third Rule compliance checklist: Countdown to December 1

The date of December 1 often evokes thoughts of colder weather, the start of the Christmas season, and … waste manifests?! That’s certainly the case this year for hazardous waste handlers. On December 1, 2025, the rest of the Third Rule’s compliance requirements for electronic manifests take effect.

The Environmental Protection Agency’s (EPA’s) final Third Rule, established under the Resource Conservation and Recovery Act (RCRA), amends the Hazardous Waste Electronic Manifest System (e-Manifest system) standards. Many of the requirements began in January 2025. The Third Rule’s remaining regulatory changes start on December 1, 2025. Are you prepared to comply?

e-Manifest compliance check

Use this checklist to help you ensure that your business is set to comply with the rest of the Third Rule’s requirements that take effect in December.

Transition to the 4-copy forms

Under the Third Rule, EPA replaced the 5-copy paper manifests and continuation sheets with 4-copy paper manifests (EPA Form 8700-22) and continuation sheets (EPA Form 8700-22A). However, the agency allows hazardous waste handlers to continue using the 5-copy paper forms until further notice. EPA will provide a 90-day notice before it intends to stop accepting the 5-copy forms.

Note: At the time of the publication of this article, EPA has not yet given any authorized printer approval to print the new 4-copy manifest forms. As an authorized printer of the hazardous waste manifest forms, J. J. Keller & Associates, Inc. is working closely with EPA for approval to print the new 4-copy forms.

Users need Certifier permission on the e-Manifest module or Site Manager permission on the RCRA Information (RCRAInfo) Industry Application to submit manifests.

Compliance check:

☑ Begin to use the 4-copy manifests and continuation sheets as soon as they’re made available.

☑ Ensure that at least one user has Certifier or Site Manager permission.

Submit export manifests and related fees to e-Manifest

As of December 1, 2025, domestic hazardous waste exporters must submit all export manifests and continuation sheets (paper and electronic) to the e-Manifest system and pay the associated user fees.

An exporter is considered any entity that originates a manifest to export a hazardous waste shipment. This includes generators; transporters; treatment, storage, and disposal facilities; and recognized traders.

EPA will invoice exporters monthly for the manifest activities conducted during the previous month. The agency applies a fee per manifest, and the amount varies based on the type of submission (scanned image upload, data and image upload, or fully/hybrid electronic manifest).

Only individuals with Site Manager permission on RCRAInfo can pay manifest fees.

Compliance check:

☑ Prepare to use the e-Manifest system for export manifests and pay user fees.

☑ Verify that at least one person has Site Manager permission.

Submit manifest-related reports to e-Manifest

The Third Rule requires hazardous waste handlers to submit all Discrepancy, Exception, and Unmanifested Waste Reports to the e-Manifest system starting on December 1, 2025.

Generators submit Exception Reports, and receiving facilities submit Discrepancy and Unmanifested Waste Reports. No fees apply.

To submit the manifest-related reports to the e-Manifest system, users require Certifier permission for the module.

Compliance check:

☑ Be ready to submit manifest-related reports to the e-Manifest system.

☑ Confirm that at least one user has Certifier permission.

Send manifest copies to exporters

Beginning on December 1, 2025, entities that transport hazardous waste export shipments out of the U.S. (i.e., last transporters) have to send a signed copy of the manifest and continuation sheet to the exporter instead of the generator.

Further, the Third Rule clarifies that starting on December 1, 2025, transporters can use the e-Manifest system to export hazardous waste and send exporters copies of the signed manifest and continuation sheet. Transporters planning to do so need to set up a RCRAInfo account to use the e-Manifest system and assign Certifier permission to the user(s) who will submit the manifests.

Compliance check:

☑ Plan to send signed copies of the manifest and continuation sheet to the exporter.

☑ If applicable, register an account on RCRAInfo, and ensure at least one user has Certifier permission.

Use e-Manifest resources for additional help

EPA has multiple resources to help regulated hazardous waste handlers comply with e-Manifest regulations, including the upcoming Third Rule’s requirements that take effect on December 1, 2025. Consider using the resources the agency provides on “The Hazardous Waste Electronic Manifest (e-Manifest) System” website, such as:

Webinars,
Demonstration videos,
General and user-specific FAQs about the e-Manifest program, and
The e-Manifest Helpdesk for industry users.

The compliance checklist and e-Manifest resources can help you ensure that your facility will be ready to comply with the rest of the Third Rule’s requirements by December.

Key to remember: The remaining e-Manifest Third Rule requirements take effect on December 1, 2025. Facilities should confirm that they’re prepared to comply.

2025-09-12T05:00:00Z

Hazardous waste handlers may continue use of 5-copy manifest forms

The Environmental Protection Agency (EPA) announced that it will accept 5-copy paper manifest forms from entities regulated by the Resource Conservation and Recovery Act (RCRA) hazardous waste manifest program until further notice.

What changed?

The final Third Rule (effective on January 22, 2025) made multiple changes to the hazardous waste manifest regulations, one of which requires regulated entities to use 4-copy manifests (EPA Form 8700-22) and continuation sheets (EPA Form 8700-22A) instead of the previous 5-copy forms.

Initially, EPA stated that it would no longer accept 5-copy forms starting on December 1, 2025. However, the agency has removed the limit and will accept the 5-copy forms until further notice. Additionally, EPA will give a 90-day notice before the agency plans to stop accepting the 5-copy forms.

As an authorized printer of the hazardous waste manifest forms, J. J. Keller & Associates, Inc. is working closely with EPA for approval to print the new 4-copy forms. At the time of publication of this news article, the federal agency hasn’t yet approved any authorized printer to print the new forms.

Exporter and importer requirements

Hazardous waste exporters and importers that use the 5-copy manifest forms are required to put the consent numbers for their wastes in the Special Handling Instructions and Additional Information Field (Item 14) of the 5-copy manifest. If applicable, exporters must also enter their EPA Identification (ID) numbers in Item 14. The agency recommends using this format: “Exporter EPA ID #AAANNNNNNNNN."

Please note that we will monitor any additional changes that result from EPA's decision to continue accepting 5-copy paper manifest forms and provide updates accordingly.

Key to remember: EPA will accept 5-copy manifests and continuation sheets beyond the initial deadline of December 1, 2025, until further notice.

2025-09-11T05:00:00Z

Countdown to compliance: EPA’s AIM Act and its impact on refrigerant users

Starting January 1, 2026, the Environmental Protection Agency (EPA) will enforce sweeping changes under the American Innovation and Manufacturing (AIM) Act, targeting the use and management of hydrofluorocarbons (HFCs)—potent greenhouse gases used in refrigeration, air conditioning, and fire suppression.

These rules apply to all businesses with equipment containing 15 pounds or more of refrigerant with a Global Warming Potential (GWP) over 53, including but not limited to grocery stores, refrigerated transport fleets, repair shops, and small businesses.

Key requirements for end users

1. Leak detection and repair

Automatic leak detection systems (ALDs) are mandatory for systems with 1,500 pounds or more of refrigerant.
Leaks must be repaired within 30 days or a retirement/retrofit plan must be submitted
Leak rate thresholds:
- Industrial process refrigeration: 30%
- Commercial refrigeration: 20%
- Transport & comfort cooling: 10%

2. Refrigerant reclamation

Repairs must use reclaimed refrigerants in supermarket systems, refrigerated transport, and commercial ice makers
Reclaimed HFCs must contain no more than 15% virgin HFCs and be properly labeled

3. Recordkeeping and reporting

Businesses must maintain detailed logs of:
- Refrigerant purchases and usage
- Leak events and repairs
- Equipment servicing and disposal
Records must be available for EPA audits at any time.

4. Disposal and recycling

HFCs must be recovered from disposable cylinders before disposal
Fire suppression systems must be recycled prior to disposal, and technician training is required

Sector-specific impacts

Grocery retailers

Must retrofit or replace systems using restricted HFCs like R-404A or R-22
Natural refrigerants (CO₂, ammonia) are encouraged but require new equipment and trained technicians
Legacy systems may become costly to maintain due to refrigerant scarcity

Refrigerated transport

Subject to leak repair thresholds and reclamation rules
Must track refrigerant use across fleets and ensure timely repairs

Repair shops

Must use reclaimed refrigerants for servicing regulated systems
Required to follow EPA labeling and documentation standards

All end users: what you must do now

Inventory your equipment: Identify all systems with refrigerants over 15 lbs and GWP greater than 53
Install ALDs: For large systems, ensure real-time leak monitoring is in place
Train staff: Ensure technicians understand new servicing, reporting, and disposal rules
Upgrade Recordkeeping: Use digital tools to automate tracking and reporting

Looking ahead: state-level rules may be stricter

States like California, Washington, and New York are implementing stricter refrigerant rules that may exceed federal AIM Act standards. Businesses operating across state lines must monitor local regulations and prepare for additional reporting and inspections.

Key to remember: If your business uses refrigerants, the AIM Act likely applies to you. Start preparing now to avoid penalties and ensure compliance by 2026.

Most Recent Highlights In Human Resources

2025-09-09T05:00:00Z

EPA's Spring 2025 regulatory agenda focuses on PFAS, fossil fuels, and rule reconsiderations

The Environmental Protection Agency (EPA) published the Spring 2025 Semiannual Agenda of Regulatory and Deregulatory Actions on September 4, 2025. The agenda outlines the agency’s upcoming regulatory actions and their status in the rulemaking process.

EPA has major updates on the docket, such as:

Repealing all greenhouse gas (GHG) standards for fossil fuel-fired power plants and the 2024 amendments to the Mercury Air Toxics Standard for power plants (final rules expected December 2025);
Establishing risk management rules for multiple chemical substances, such as 1-bromopropane and n-methylpyrrolidone (final rules expected April 2026);
Adding hazardous waste solar panels to the federal universal waste program and setting universal waste standards specific to lithium batteries (proposed rule expected February 2026);
Setting the Renewable Fuel Standards for 2026 and 2027 and implementing regulatory program changes (final rule expected October 2025); and
Reconsidering current rules, like:
- The GHG Reporting Program (final rule expected November 2025),
- The National Emission Standards for Hazardous Air Pollutants (NESHAP) for iron and steel and the NESHAP for oil and natural gas (proposed rules expected November 2025 and December 2025, respectively), and
- The 2024 amendments to the procedures for conducting Toxic Substances Control Act chemical risk evaluations (final rule expected April 2026).

Additionally, the agency intends to address per- and polyfluoroalkyl substances (PFAS) across multiple media. For example, EPA plans to:

Rescind the National Primary Drinking Water Regulations for PFHxS, PFNA, GenX, and mixtures of these three as well as for PFBS (proposed rule expected September 2025);
Add certain PFAS to the Toxics Release Inventory (final rule expected February 2026); and
Address PFAS discharges from PFAS manufacturers (proposed rule expected January 2026).

This article highlights some of the major rules we’re monitoring closely. You can review the entire agenda to learn about all the rulemakings on EPA’s docket. Please note that the agenda dates are tentative, indicating when the agency seeks to publish the rulemakings in the Federal Register.

Final Rule Stage
Projected publication date	Title
December 2025	Phasedown of Hydrofluorocarbons: Reconsideration of Certain Regulatory Requirements Under the Technology Transitions Provisions of the American Innovation and Manufacturing Act of 2020
January 2026	Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Common Sense Approach to Chemical Accident Prevention
February 2026	Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)
February 2026	Initial Air Quality Designations for the 2024 Revised Primary Annual Fine Particle (PM_2.5) National Ambient Air Quality Standards (NAAQS)
April 2026	Listing of Specific PFAS as Hazardous Constituents
Proposed Rule Stage
Projected publication date of notice of proposed rulemaking	Title
October 2025	Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Category (40 CFR 435 Subpart E)
October 2025	New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry
November 2025	Additional Reconsideration of Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review
November 2025	PFAS Requirements in NPDES Permit Applications
November 2025	Steam Electric Effluent Limitations Guideline Reconsideration Rule
December 2025	Updates to the RCRA Hazardous Waste Regulations and Related Technical Corrections — Permitting Updates Rule
January 2026	Paper Manifest Sunset Rule; Modification of the Hazardous Waste Manifest System
January 2026	Revision to “Begin Actual Construction” in the New Source Review Preconstruction Permitting Program
April 2026	Reconsideration of National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution Technology Reviews and New Source Performance Standards Review for Bulk Gasoline Terminals
May 2026	Formaldehyde; Regulation Under the Toxic Substances Control Act (TSCA)
Pre-Rule Stage
Projected publication date or other action	Title
September 2025 (advanced notice of proposed rulemaking)	Visibility Protection: Regional Haze State Plan Requirements Rule Revision
December 2025 (end review)	National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing; and Clay Ceramics Manufacturing

Key to remember: EPA’s planned rulemakings may impact regulatory compliance with air, land, and water rules.

EHS Monthly Round Up - August 2025

In this August 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’s happened over the past month!

OSHA extended the comment period for multiple proposed rules it published on July 1. Stakeholders now have an extra 60 days, until November 1, to comment. Impacted rules include those for respiratory protection, construction illumination, COVID-19, and the General Duty Clause.

OSHA is expanding its Voluntary Protection Programs to help employers develop strong safety programs and lower injury rates. To participate, employers must submit an application to OSHA and undergo an onsite evaluation by a team of safety and health professionals.

Following a series of recent trench collapses, OSHA urges employers to take steps to protect workers. Trench collapses can be prevented by sloping or benching trench walls at an angle, shoring trench walls with supports, and shielding walls with trench boxes. More information can be found on OSHA’s website.

The Mine Safety and Health Administration launched a webpage for its new Compliance Assistance in Safety and Health, or CASH, program. The agency anticipates a surge in domestic mining productivity and seeks to proactively provide miners and mine operators with compliance assistance materials.

Turning to environmental news, EPA proposes challenges to California’s Clean Truck Check program. The program aims to reduce emissions of nitrogen oxides and particulate matter for heavy-duty vehicles. EPA supports the regulation as it applies to California-registered vehicles but disapproves the regulation as it applies to out of state and out of country vehicles. Stakeholders have until September 25 to comment on the proposal.

On August 14, EPA released the July 2025 nonconfidential TSCA Inventory of chemical substances manufactured, processed, or imported in the U.S. The Inventory contains over 86 thousand chemicals, nearly half of which are in active use. The next inventory update is planned for late 2026.

And finally, EPA proposes to rescind the 2009 Endangerment Finding and repeal greenhouse gas emissions for new motor vehicles and vehicle engines. The agency will accept comments on the proposal through September 15.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

2025-09-05T05:00:00Z

Update: EPA withdraws direct rule, keeps proposed rule for alternative CCR reporting option

On September 4, 2025, the Environmental Protection Agency (EPA) withdrew a direct final rule it issued on July 22, 2025, that offered active and inactive coal combustion residuals (CCR) facilities an alternative reporting option and delayed corresponding compliance obligations for CCR management units (CCRMUs). However, the parallel proposed rule that was published with the direct final rule remains in place, and EPA has extended the comment period through September 15, 2025.

Who does this affect?

The direct and proposed rules impact (a) active CCR facilities and (b) inactive CCR facilities with inactive surface impoundments (called legacy CCR surface impoundments) that are regulated by the 2024 Legacy Rule.

What does this mean?

Because the direct rule was withdrawn, the alternative reporting option for the Facility Evaluation Report (FER) Part 1 doesn’t apply, and the compliance deadlines for the related CCRMU requirements revert to the previous timelines.

The parallel proposed rule remains active and contains the same changes as the withdrawn direct final rule, including:

Adding an alternative option for active CCR facilities and legacy CCR surface impoundments to submit FER Parts 1 and 2 together by February 8, 2027; and
Extending the related compliance deadlines for facilities with CCRMUs.

Further, the proposed rule seeks public input on potentially delaying both FER reporting deadlines and adjusting the CCRMU compliance timelines accordingly. The proposed additional extension would give CCR facilities the option to:

Submit FER Part 1 by February 8, 2027, and FER Part 2 by February 8, 2028; or
Submit FER Parts 1 and 2 together by February 8, 2028.

You can submit comments to Docket ID No. EPA-HQ-OLEM-2020-0107.

Please see the original Industry News article ("EPA offers CCR facilities delayed reporting option and extends compliance deadlines") for more information about the withdrawn direct rule and the active proposed rule.

Key to remember: EPA has withdrawn a direct final rule that offered active and inactive coal combustion facilities an alternative reporting option, but the agency has kept the corresponding proposed rule in place.

2025-09-03T05:00:00Z

OSHA renews alliance to improve worker safety in waste and recycling industry

In a renewed alliance, OSHA, the National Waste & Recycling Association (NWRA), and the Solid Waste Association of North America (SWANA) will continue to work together to improve the safety and health of workers in the solid waste and recycling industry.

The partnership will focus on safety issues such as:

Transportation hazards;
Slips, trips, and falls;
Needlestick and musculoskeletal injuries; and
Health issues associated with lithium battery hazards in waste/recycling collection and processing.

OSHA, NWRA, and SWANA will develop resources to help employers prevent and mitigate hazards, including:

Educational articles,
Fact sheets, and
Toolkits.

The group will share these resources and additional information at conferences, forums, and meetings, with much of their outreach aimed at reaching small- and medium-sized employers who may have limited access to safety information.

2025-08-29T05:00:00Z

New Mexico bans PFAS from oil and gas well completions and recompletions

Effective date: July 29, 2025

This applies to: Oil and gas operations

Description of change: The New Mexico Oil Conservation Commission adopted amendments to ban per- and polyfluoroalkyl substances (PFAS) from being used in completions (bringing into production) or recompletions (restarting production) of oil wells. The amendments to 19.15 N.M.A.C.:

Require operators to provide certification that no PFAS chemicals were used;
Require applicants for a permit to drill, deepen, or plug back a well to certify that they won’t introduce PFAS-containing additives;
Adds completion operations to the factors that trigger notification and diligence action requirements when potential loss of containment or damage occurs; and
Adds FracFocus disclosure requirements.

Most Popular Highlights In Environmental

2025-11-03T06:00:00Z

Waste not, risk not: The overlap between waste handling and worker safety

Where compliance and safety intersect

The pitfalls and how to fix them

Waste reduction = risk reduction

Keys to remember: When OSHA and EPA priorities are treated as one, the workplace becomes not only more compliant, but genuinely safer for everyone.

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.

EHS Monthly Round Up - October 2024

In this October 2024 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. Please view the content links in the transcript for more information about the topics I’ll be covering today. Let’s get started!

A Government Accountability Office report says OSHA can do more to protect warehouse and delivery workers from ergonomic injuries. The report recommends several steps for OSHA to consider, including ensuring compliance officers can easily obtain data on when musculoskeletal disorders occurred.

OSHA updated its inspection guidance for animal slaughtering and processing industries. Inspections will focus on several hazards, including sanitation, ergonomics, and machine guarding. Among other changes, compliance officers will conduct inspections during off-shift times and identify workplace activities that impact employees most at risk such as temporary employees.

OSHA urges workers involved in hurricane cleanup and recovery efforts to be mindful of hazards, especially those associated with restoring electricity, removing debris, and trimming trees. Proper training, experience, and familiarity with related equipment helps ensure worker safety.

And finally, turning to environmental news, EPA extended the 2024 Chemical Data Reporting deadline to November 22 due to technical difficulties with its electronic reporting tool. The 2024 report covers activities that occurred between calendar years 2020 and 2023.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

EHS Monthly Round Up - January 2023

In this monthly roundup video, we’ll review the most impactful environmental, safety, and health news.

Hi everyone! Welcome to the monthly roundup video, where we’ll review the most impactful environmental, safety, and health news. First, let’s take a look at what’s happening in safety and health.

If you haven’t already done so, now is the time to post your OSHA 300A Summary. Employers are required to post the Summary in a conspicuous place from February 1st through April 30th.

As required by law, OSHA increased its penalties for inflation in mid-January. Penalties went up 7.7 percent, effective January 17th.

Also in January, OSHA released its long-awaited Fall 2022 regulatory agenda. Along with numerous proposed rules in the works, three major final rules are slated for 2023 – COVID-19 in healthcare, Injury and Illness tracking, and an update to the hazard communication standard.

OSHA recently released two new letters of interpretation, which address exit signs and lockout/tagout. Specifically, OSHA states that the International Standards Organization emergency exit symbol can be located beside the mandatory EXIT text on an existing sign.

The second letter addresses the applicability of lockout/tagout and the maintenance and operations of cathodic protection rectifiers when working on pipelines.

New York’s Warehouse Worker Protection Act was signed into law in December and takes effect in late February. It protects warehouse distribution workers from undisclosed or unlawful work speed quotas and includes protections for workers who fail to meet these quotas.

In 2021, a worker died every 101 minutes from a work-related injury, according to the Bureau of Labor Statistics. A total of 5,190 fatal work injuries was recorded in the U.S. in 2021, an 8.9 percent increase over 2020.

Turning to environmental news, EPA automatically added nine per- and polyfluoroalkyl substances, or PFAS, to the Toxics Release Inventory, or TRI, list. Four PFAS were added since they are no longer claimed as confidential business information.

EPA released its Fall 2022 regulatory agenda in early January. Included are major regulations impacting the National Ambient Air Quality Standards, waters of the United States, and modifications to the Risk Management Program under the Clean Air Act.

There are also a number of rules related to the National Emission Standards for Hazardous Air Pollutants in various rule stages.

And finally, beginning with model year 2027, heavy-duty trucks will be required to meet clean air standards that are 80 percent more stringent than current requirements.

EPA says this final rule is aimed at reducing smog- and soot-forming emissions, increasing the life of governed vehicles by up to 250 percent, and increasing emissions warranty periods up to 450 percent.

Thanks for tuning in to the monthly news roundup!

2025-09-05T05:00:00Z

Update: EPA withdraws direct rule, keeps proposed rule for alternative CCR reporting option

Who does this affect?

What does this mean?

The parallel proposed rule remains active and contains the same changes as the withdrawn direct final rule, including:

Adding an alternative option for active CCR facilities and legacy CCR surface impoundments to submit FER Parts 1 and 2 together by February 8, 2027; and
Extending the related compliance deadlines for facilities with CCRMUs.

Submit FER Part 1 by February 8, 2027, and FER Part 2 by February 8, 2028; or
Submit FER Parts 1 and 2 together by February 8, 2028.

You can submit comments to Docket ID No. EPA-HQ-OLEM-2020-0107.

EHS Monthly Round Up - March 2025

In this March 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 get started!

Ladders were the cause of over 22,000 workplace injuries and 161 deaths in 2020. Each March, the American Ladder Institute promotes ladder safety awareness with the goal of reducing ladder-related injuries and fatalities. Every Step Matters was the theme of this year’s National Ladder Safety Month.

Stand Up 4 Grain Safety Week kicked off on March 24. This annual event brings attention to preventable grain handling hazards and promotes safety in this high-hazard industry.

Federal agencies must review their regulations and report back to the White House by April 20. The priority is on “significant” rules, generally considered to be those with an annual effect on the economy of 100 million dollars or more. Once the regulations have been identified, the Office of Management and Budget and the Department of Government Efficiency will work with agency leaders to create a plan for rescinding or modifying the regulations and begin winding down their enforcement.

A highwall fatality at a surface mine prompted the Mine Safety and Health Administration to issue a safety alert. It outlines what miners should do to prevent similar incidents, including looking for hazards such as loose rocks and overhangs before beginning work.

The American Society of Safety Professionals revised its construction training standard. It outlines training requirements for new hires in construction and demolition operations, site procedures, regulatory compliance, and more.

And finally, turning to environmental news, EPA will reconsider a number of major rulemakings that may impact a variety of industries. This is in response to an executive order that federal agencies review their regulations. Among the rules under consideration include those related to clean power, oil and gas emission limits, greenhouse gas reporting, and risk management.

EPA’s Waste Emissions Charge on petroleum and natural gas facilities with high methane emissions is no longer in effect. The rule initially took effect in January and was then disapproved by Congress on March 14.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

Most Popular Highlights In Transportation

2025-10-24T05:00:00Z

Expert Insights: Permits, plates, and paperwork

Are you ready for your next audit? Whether you're managing two trucks or twenty, the risk of fines, delays, or even shutdowns due to missing paperwork is real. That’s why preparing for an audit should never be an afterthought.

Start with the basics: Registrations and permits

Every vehicle in your fleet must have up-to-date registration and the correct permits for the states and regions it operates in. This includes:

Current/active USDOT number and authority,
IRP (International Registration Plan) vehicle registration for multi-state travel,
IFTA (International Fuel Tax Agreement) for fuel tax reporting,
Oversize/overweight permits,
Hazmat permits, and
Motor carrier (MC) numbers for intrastate operations.

Make sure these documents are both current and easily accessible — in the vehicle and in your office records. Auditors won’t be happy about waiting while you dig through file cabinets.

Keep your records audit-ready

Auditors may ask to see a range of documentation related to your operations, including:

Dispatch records,
Hours-of-service records,
Fuel receipts,
Electronic logging device (ELD) data and backups,
Bills of lading, and
Lease agreements.

Small fleets often rely on manual systems, but even simple digital tools can help you stay organized and reduce the risk of missing key documents.

Keep track of renewals and deadlines

Permits and registrations have expiration dates and missing one can lead to costly downtime. Set calendar reminders or use fleet management software to track renewal dates. Some states also require periodic updates to your USDOT number or operating authority, so stay alert to notices from states and FMCSA.

Train your team

Your drivers and dispatchers play a role in compliance too. Make sure they know what paperwork needs to be in the cab, how to handle roadside inspections, and how to report issues like expired plates or missing permits.

Being audit-ready isn’t just about avoiding penalties, it’s about building a reputation for reliability and professionalism. When your paperwork is in order, your trucks stay on the road, your clients stay happy, and your business stays strong.

2025-10-28T05:00:00Z

CDL medical certification: 5 useful tips and the latest FMCSA waiver details

Phase 2 of the CDL Medical Certification Integration (known as NRII) was effective June 23, 2025. As of October 27, 2025, 40 states now automatically receive medical exam updates from the National Registry of Certified Medical Examiners (NRCME)/ the Registry.

This means commercial driver’s license (CDL) and commercial learner’s permit (CLP) drivers in those states no longer need to submit their medical cards to the state, and carriers don’t have to verify that the examiner is listed on the Registry. However, the transition hasn’t been entirely smooth.

Why the FMCSA issued waivers

By mid-July 2025, delays in updating motor vehicle records (MVRs) led the Federal Motor Carrier Safety Administration (FMCSA) to issue the first of three temporary waivers. These waivers gave drivers extra time to carry their medical cards while technical issues were resolved.

5 tips to make the process easier

To help carriers and CDL/CLP drivers avoid problems, here are five practical tips:

1. Plan ahead - Schedule the medical exam at least two weeks before the current certification expires. Drivers should bring any documentation the examiner might need, like sleep apnea treatment records.

2. Double-check details - Drivers should verify their last name, date of birth, licensing state, and CDL number on the exam form. Leaving a copy of the CDL with the examiner can help them resolve common errors, especially mismatches in the CDL number or name suffix (e.g., Jr., III) when compared to what's on file with the state.

3. Get a copy of the medical card - Drivers should always leave the exam with a copy of their medical card. If the examiner questions this, share the FMCSA waiver that explains why a paper certificate is still needed.

4. Check the MVR promptly - Carriers should pull the MVR within 3 to 5 days after the exam. If the new certification isn’t listed, the driver or carrier should contact the examiner to resubmit the information.

5. Contact the state for help - Carriers can work with the driver and the state CDL medical help desk to “pull” the certification data from the Registry. This method has worked well in several states.

Latest FMCSA waiver details

The current FMCSA waiver, effective October 13, 2025, through January 10, 2026, allows CDL/CLP drivers to carry a paper copy of their medical examiner’s certificate (MEC) for up to 60 days after it’s issued. The previous waiver ending October 12th, had the same 60-day allowance.

Carriers can also keep the certificate in the driver qualification (DQ) file, but it must be replaced with an updated MVR within 60 days of the exam.

Why this matters

The FMCSA issued these waivers to support drivers and carriers during the transition to electronic medical certification updates. The agency emphasized that drivers shouldn’t be penalized for wrongly showing a lapse in certification on their MVR due to process delays.

Key to remember: To prevent a lapse in medical certification, always schedule CDL medical exams early and have drivers go to the exam prepared.

2025-10-28T05:00:00Z

Getting the ‘form and manner’ right with ELDs

Through the first nine months of this year, “form & manner” violations tied to electronic logging device (ELD) usage are the second most common roadside driver violation and are on track to surpass last year’s total. The root causes are both preventable and correctable.

Form & manner violations occur when required log entries are incomplete, inaccurate, or missing. Common examples include:

Missing trailer numbers,
Missing shipping document numbers, and
Missing comments (annotations) about unassigned driving time or special driving categories.

Input or verify

Failure to provide all required information, including annotations, can result in violations cited under 49 CFR 395.24, which carries one point in the Compliance, Safety, Accountability (CSA) program. This regulation says ELD-using drivers must manually input:

Annotations, when required;
A description of the driver’s location, if prompted by the ELD when it cannot get a position fix; and
An output file comment, when directed by an officer during a roadside inspection.

In addition, drivers must manually input or verify the following:

Power unit number;
Trailer number (if any); and
Shipping document number, if applicable.

Importantly, trailer numbers must be updated as they change. Whenever a driver picks up or switches trailers, the driver must be in the habit of updating the ELD with the new trailer number(s).

Shipping document numbers

A shipping document number is meant to tie the ELD record to other paperwork for a specific shipment, so the ELD record can be verified. The shipping document number must be updated throughout the day, so the number shown on the ELD at any given time corresponds to the current load (older values are retained behind the scenes).

Only a single number or code is required for any one movement or load; there is no need to enter every number if there are multiple numbers for a single shipment.

However, a shipping document number is only required if the motor carrier uses such numbers for internal tracking and dispatching. If there is none, then the field may be left blank on the ELD or, better yet, the driver may enter a description of the load.

Annotations

Missing annotations are another common violation. Both drivers and motor carriers have responsibilities when it comes to adding comments to an ELD.

Drivers must add an annotation when they:

Edit their log, to explain the need for the edit (such as “forgot to log off”) (see 395.30(c)(2));
Use the “yard move” or “personal use” special driving categories, to describe the activity (such as “bobtailed to restaurant”) (see 395.28(a)(2)(ii));
Use any special exception to (or exemption from) the hours-of-service rules, such as the “adverse driving conditions” exception, the “travel time” exception, the exemption for transporting personal property, etc. (see 395.28(c)); and
Are prompted by the ELD to add information (see 395.30(c)).

Driver annotations are also recommended whenever a driver exceeds the normal hours-of-service limits without the use of an exception. Explaining why there’s a violation could help mitigate any penalties.

Motor carriers must add an annotation when they:

Propose an edit to a driver’s log, to explain the need for the edit (see 395.30(d));
Decide they cannot assign “unassigned driving time” to any particular driver, to explain why (see 395.32(c)(1)(i)); and
Set up an “exempt” driver account, to explain why the driver is exempt from using an ELD. (Why would an exempt driver have an ELD account? So they can log in when driving, to avoid “unassigned” time.)

Comments are limited to 60 characters, but the more details that can fit into that space, the better.

Preventing violations

When it comes to missing information, the remedy is obvious: drivers (and motor carriers) must enter all required information, every time. For that to happen, drivers must know what’s expected, which means being trained on the requirements. The training should be backed by company policies that include:

Internal log auditing practices that bring violations to light,
Corrective actions when violations are found, and
Penalties for drivers who are unwilling to follow the rules.

Key to remember: “Form & manner” violations are often the result of simple oversights, but they can snowball into serious compliance issues. Be sure you have controls in place to ensure drivers and administrative personnel are entering all required information into your ELD system.

2025-10-30T05:00:00Z

Don’t let cargo thieves feast on your freight this Thanksgiving

As you and your staff prepare for a long weekend and a holiday meal, cargo thieves are planning heists that will leave motor carriers and warehouse facilities to face a very black Friday.

As Thanksgiving weekend approaches, review and strengthen your security measures; lock down your freight.

Rising theft risks

In 2025, the U.S. transportation industry is grappling with an unprecedented wave of cargo theft, with losses estimated to exceed $35 billion annually. According to the American Transportation Research Institute (ATRI), motor carriers alone face daily losses of $18 million, with 74% of stolen goods never recovered. Food, beverages, and other easily resold commodities are especially attractive to cargo theft groups, but anything left unsecured can become a target.

Most cargo thefts occur during off-hours, particularly at unattended or unsecured trucking yards. Organized thieves often scout locations in advance, learning patterns and identifying weak points. When there’s no on-site security or alarm protection, they take advantage of the dark hours to target freight.

Best practices to protect your fleet

Thanksgiving is consistently one of the most high-risk weekends of the year for cargo theft, according to the American Trucking Associations and leading security councils. Many carriers close from Thursday through Sunday, leaving equipment vulnerable. To reduce exposure, implement these preventative measures before shutting down:

Dock, butt, and block trailers when parked at terminals
Use kingpin locks on trailers holding valuable freight
Test alarm systems weekly to confirm they’re fully operational
Use GPS geofencing to monitor equipment and detect unauthorized movement
Conduct security awareness training for all drivers and staff

Don’t wait until the last minute

If your facility lacks overnight protection, consider hiring professional security services for the holiday period. Contact vendors early to check for availability. Many carriers scramble at the last moment, and alarm or guard companies may not be available. Make sure all perimeter alarms are tested and functioning before the break.

Proper lighting and sturdy fencing are strong deterrents as well. Inspect your property for damaged fencing and replace any burnt-out lights. Finally, coordinate with local law enforcement and request extra patrols during the extended weekend to maintain visibility and deterrence.

Key to remember: Prepare early so your company doesn’t become another statistic during one of the most theft-prone weekends of the year.

2024-09-19T05:00:00Z

Your HUT decals are expiring: Registration open Oct. 1

For carriers operating in New York, registration and decals expire December 31, 2024, for the Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) programs. Take steps now to make sure you receive your new decals before the current ones expire. You need a new certificate of registration and decal for each vehicle. And you must place the new decals on your vehicles before January 1, 2025.

The period to renew your 24th series HUT and AFC certificates of registration begins October 1, 2024. Act now to avoid delays and keep your highway use tax credentials active.

To-do before October 1

Get ready for renewal by taking the following steps now:

File all your highway use tax returns that are due.
Pay your taxes. The state will not issue a new certificate of registration if you owe back taxes. Before you apply to renew, make sure that you’ve paid all taxes due under any of the programs administered by the New York State Tax Department, including:
- HUT,
- personal income tax,
- International Fuel Tax Agreement (IFTA),
- sales tax, and
- withholding tax.
Create an online account if you do not already have one and you want to renew your credentials and pay online (https://www.oscar.ny.gov/).
Make sure your vehicle registration information is correct and accurate. Review and update your information as soon as possible. Incorrect information will delay the processing of your certificates and decals.

Beginning October 1

Once the renewal period opens, renew your credentials and pay your renewal fees online with One Stop Credentialing and Registration (OSCAR).

Submit your renewal application by November 30, 2024, to make sure you receive your decals in time to place them on your vehicles before January 1, 2025.

If you are already enrolled in OSCAR, use your current OSCAR password to renew online.

If you are not enrolled, visit OSCAR, and select Enroll Now. You must have a United States Department of Transportation (USDOT) number and an employer identification number (EIN).

To renew your registration:

Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
If you have 300 or fewer vehicles, choose either:
1. Renew all HUT/AFC Certificates of Registration to renew all your active current series permits, or
2. Select HUT/AFC Certificates of Registration to renew specific permits.
If you have more than 300 vehicles, choose either:
1. Renew all to renew all your active current series permits, or
2. File renewal to renew select permits.

If you are unable to renew electronically, you may file Form TMT-1.2, Renewal Application for Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) Certificates of Registrations and Decals – 25th Series.

Key to remember: Take steps now to renew your NY HUT and ensure you receive your new decals before the current ones expire.

2022-07-08T05:00:00Z

What does the alphabet soup following 392.2 on a roadside inspection report mean?

One question that comes up when reviewing roadside inspection reports is, “What is the meaning of the letters that follow a violation of 392.2 on a roadside inspection report?”

‘State and local laws’

A violation of 392.2 is a violation of a local or state law, regulation, or ordinance. These must be obeyed due to 392.2, which reads, “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”

The confusion is that there are no paragraphs in 392.2, so there technically should be no letters following that section. However, to inform the driver, carrier, and the Federal Motor Carrier Safety Administration (FMCSA) what particular state or local law or regulation was involved, FMCSA has developed a system of suffix codes. The letters following “392.2” – the “suffix” — show which state or local law or regulation was involved.

When one of these codes is used, the officer should include a description of the specific violation in the “violation details” area on the actual inspection report. FYI: Summary roadside inspection reports (such as the ones visible in CSA’s SMS) do not show these details.

For more information, see our ezExplanation on Roadside Inspections.

Not all 392.2 violations are used in CSA

Not all of these state and local law or regulation violations are used by the FMCSA for scoring purposes. The Compliance, Safety, Accountability (CSA) Safety Measurement System (SMS) does not use the 392.2 violations that cannot be tied to crash causation. Here are a couple of examples: 392.2UCR Failure to pay UCR fee and 392.2W Size and weight are not used.

Most common 392.2 violations

Below are the top 10 392.2 violations written during 2021. All of these violations are safety-related, and therefore used in the CSA SMS for scoring. The BASIC within the SMS the violation is scored in is shown following the violation description.

392.2SLLS2 Speeding 6-10 miles per hour over the speed limit (Unsafe Driving)
392.2C Failure to obey traffic control device (Unsafe Driving)
392.2LV Lane Restriction violation (Unsafe Driving)
392.2SLLS3 Speeding 11-14 miles per hour over the speed limit (Unsafe Driving)
392.2WC Wheel (Mud) flaps missing or defective (Vehicle Maintenance)
392.2SLLS4 Speeding 15 or more miles per hour over the speed limit (Unsafe Driving)
392.2ML Failure to maintain lane (Unsafe Driving)
392.2SLLSWZ Speeding work/construction zone (Unsafe Driving)
392.2PK Unlawfully parking and/or leaving vehicle in the roadway (Unsafe Driving)
392.2FC Following too close (Unsafe Driving)

Key to remember

In general, FMCSA does not write traffic codes. They rely on local and state agencies to do that. When state or local traffic codes are violated, it appears on a roadside inspection report as a violation of 392.2, with a suffix indicating which traffic code was involved.

Most Popular Highlights In Human Resources

2025-10-28T05:00:00Z

Here comes 2026 with state minimum wage increases

Many states give the gift of updating their minimum wages on New Year’s Day. Effective January 1, 2026, the following is a list of those states that have made such changes as of October 27, 2025.

State	Increase
AZ	Increase from $14.70 to $15.15 per hour. The tipped minimum wage will increase from $11.70 to $12.15, based on a maximum $3.00 tip credit.
CA	Increase from $16.50 to $16.90 per hour.
CO	Increase from $14.81 to $15.16 per hour. The minimum wage with tip credit will increase from $11.79 to $12.14 per hour.
CT	Increase from $16.35 to $16.94 per hour.
HI	Increase from $14.00 to $16.00 per hour.
ME	Increase from $14.65 to $15.10 per hour. The tipped minimum wage will increase to $7.55 per hour.
MI	Increase from $12.48 to $13.73 per hour. The tipped minimum wage will increase from $4.74 to $5.49 per hour.
MN	Increase from $11.13 to $11.41 per hour. The 90-day training wage for workers under age 20 will increase from $9.08 to $9.31 per hour.
MO	Increase from $13.75 to $15.00 per hour. The tipped minimum wage will increase from $6.88 to $7.50 per hour.
MT	Increase from $10.55 to $10.85 per hour. Businesses not covered by the federal Fair Labor Standards Act (FLSA) whose gross annual sales are $110,000 or less may pay $4.00 per hour. If, however, an employee is producing or moving goods between states or otherwise covered by the FLSA, that employee must be paid the greater of either the federal minimum wage or Montana’s minimum wage.
NE	Increase from $13.50 to $15.00 per hour.
NJ	Increase from $15.49 to $15.92 per hour for most employees. The minimum cash wage rate for tipped workers will increase from $5.62 to $6.05 an hour, with the maximum tip credit employers may claim remaining at $9.87.
NY	Increase from $16.50 to $17.00 per hour for New York City, Long Island, and Westchester, and from $15.50 to $16.00 per hour for the rest of the state. The minimum wage for tipped employees will increase from $13.75 to $14.15 for New York City, Long Island, and Westchester, and $12.90 to $13.30 for the rest of the state.
OH	Increase from $10.70 to $11.00 per hour, and from $5.35 to $5.50 per hour for tipped employees. The 2026 Ohio minimum wage will apply to businesses with annual gross receipts of more than $405,000, which is an increase from the current $394,000 threshold.
RI	Increase from $15.00 to $16.00 per hour.
SD	Increase from $11.50 to $11.85 per hour. Tipped employee minimum wage will increase from $5.75 to $5.925 per hour.
VT	Increase from $14.01 to $14.42 per hour. The tipped minimum wage will increase from $7.01 to $7.21 per hour.
VA	Increase from $12.41 to $12.77 per hour.
WA	Increase from $16.66 to $17.13 per hour. The minimum wage for workers 14-15 years old will increase from $14.16 to $14.56 per hour.

Key to remember: Employers with employees in these states need to be prepared for the increase in their minimum wages.

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.

2025-10-27T05:00:00Z

States require new workplace postings

More states are taking the approach of “the more the merrier” when it comes to required workplace postings.

Four states require new postings to be displayed in the final months of 2025 or early in 2026. That’s in addition to the new posting requirements that took effect earlier this year in Arkansas and Michigan.

New posting requirements

Here are the latest state posting additions:

Minnesota: Employers must post information about the state’s Paid Leave law by December 1, 2025.
Nebraska: The Nebraska Department of Labor has released a new Paid Sick Time posting was required to be posted in a conspicuous and accessible location as of October 1, 2025.
New Jersey: Under legislation signed on September 3 by Gov. Phil Murphy, employees cannot be disciplined, fired, or penalized for refusing to participate in a meeting relating to political or religious matters as of December 2, 2025. A notice of employee rights must be posted in a conspicuous place.
Pennsylvania: Employers with 50 or more full-time employees must display a Veterans Benefits and Services posting created by the Department of Labor and the Department of Military and Veterans Affairs by January 1, 2026.

Earlier additions

These additional posting requirements took effect earlier this year:

Arkansas: A Veterans’ Benefits and Services posting needed to be posted by August 4.
Michigan: The Resources for Michigan Veterans posting requirement took effect on April 2.

One subtraction

Missouri also added a new required posting earlier this year, but it has already come and gone.

The state added an Earned Paid Sick Time posting requirement in April. The law requiring the posting was rescinded at the end of August, however, and that posting is no longer required.

Posting trend

States continue to see physical workplace posters as an effective way of sharing information with workers. Employers should continue to watch for new posting requirements to emerge.

Key to remember: When state law requires a new posting to be displayed, covered employers must display it by the effective date to comply with the law.

2025-10-29T05:00:00Z

Employee’s threat to shoot coworkers overrides FMLA, ADA claim in court

One day at work, Warren, an assistant director, had a “complete meltdown” in his office when he lost work on his computer. During his five-minute-long screaming episode — which happened in earshot of coworkers — Warren unleashed vulgar and threatening language aimed at the company’s IT employees, and said “they should be shot.”

This behavior violated the company’s workplace violence policy, giving the employer authority to fire him.

After his outburst, Warren:

Removed himself from the immediate situation;
Self-reported the incident to one of his supervisors;
Left work and made an appointment with his therapist; and
Returned to work later that day.

The employer didn’t immediately fire Warren; it told him to work from home while HR investigated the incident.

HR investigation

Warren’s therapist told the employer that he was her patient and that they had been working on managing his anger. She suggested ways the employer could help Warren avoid letting his anger boil over again.

Years earlier, Warren had received diagnoses for major depressive disorder and anxiety, but the therapist didn’t mention any disability or other mental health issues.

The HR investigation also revealed that Warren was an avid gun owner, often talked about guns with coworkers, and handed out cards for his gunsmithing business.

Employer terminates employee

The employer talked with Warren about how he could return to work. After discussing some options, the employer said that he would need to submit “something, anything…saying that…[he] was able to return to work” and “wouldn’t harm himself or someone else.”

The employer put Warren on leave under the federal Family and Medical Leave Act (FMLA) and worked to connect him with professionals who could provide the return-to-work certification he needed. Warren didn’t provide the certification. The employer then fired him. He sued, in part, for being forced to take FMLA leave and not being accommodated under the federal Americans with Disabilities Act (ADA).

Threat of violence overrides claim

The court ruled that the FMLA “says nothing about an employer's ability to ‘force’ an employee to take such leave, and such forced leave, by itself, does not violate any right provided by the FMLA.”

The court also said that “threatening other employees disqualifies one” from protection under the ADA.

Murphy v. Forest River Inc., Northern District of Indiana, No. 1:24-CV-170, September 29, 2025.

Key to remember: Employees who violate a workplace violence policy can undermine their own protections under the FMLA and the ADA.

2025-10-30T05:00:00Z

Don't rush to declare 'case closed' on a harassment complaint

An employee came forward with a sexual harassment complaint. The investigation concluded that unlawful harassment didn’t occur. Are the duties of this employee’s manager over when it comes to the alleged incident?  

For a manager whose goal is a harmonious team, the answer is “no.” There’s still work to do after wrapping up an investigation, regardless of the findings.

Sometimes harassment has occurred, but an investigation can’t prove it. In other cases, the behavior may have been offensive but didn’t qualify as illegal harassment. In both scenarios, it’s important for a manager to address the reasons an employee felt uncomfortable in the workplace.   

A manager should see complaints about inappropriate conduct as a chance to review the workplace culture. A complaint might show that improvements are needed in how employees interact.   

Here are questions managers might ask themselves after receiving a complaint: 

Is the team or the workplace in general too informal?
Is there a lack of clear communication when it comes to rules and expectations?
Is there a policy regarding dating relationships? If so, is it communicated and enforced? 
Do I tend to avoid conflict between team members hoping they “work it out” themselves?

Failing to address issues like these may lead to more complaints. 

When harassment is not deemed to be unlawful

Employers might wonder how to deal with complaints about conduct that don’t amount to unlawful harassment. Their next steps may be unclear.  

Such complaints may be the result of personal conflicts, accidental slights, microaggressions, or minor incidents. Here are some tips on turning what might be a negative experience for one or more employees into something more positive: 

Respond to complaints with an attitude that is welcoming, respectful, and supporting, rather than one of alarm, resistance, or aversion to complaints. Don’t sweep minor complaints under the rug. 
Tell the person who is making the complaint that their issue is being taken seriously, and you’ll take action to stop the negative behaviors. 
Do not look down on an employee who complained about conduct that wasn’t found to be harassing or even inappropriate. Thank them for their courage in coming forward. Try to help all parties feel that your workplace is a positive and respectful place for everyone. 
Avoid retaliating against an employee who made a complaint. Even if the investigation felt like a waste of time, don’t use it as a reason to punish the employee who came forward with the complaint. Retaliation can be unlawful even if the behavior being investigated was found not to be.

Key to remember: If an investigation doesn’t conclude that unlawful harassment occurred, that doesn’t mean it’s over. There’s still work for a manager to do after wrapping up an investigation, regardless of the findings.

2024-08-28T05:00:00Z

When to skip a PIP and move to terminate an employee

The U.S. Bureau of Labor statistics reported in July 2024 that there are 8.2 million job openings in the U.S., but only 7.2 million unemployed workers.

With that in mind, employers might choose to hang onto employees even if they’re under performing. But what about when complaints are rolling in from different angles? Take, for example, a lackluster supervisor who’s annoying employees and disappointing customers.

An employer could be hesitant to let the supervisor go, especially if there’s no documentation backing up claims of misconduct. The employer must weigh their options to decide if putting the supervisor on a performance improvement plan (PIP) or moving right to termination is the ideal choice.

At-will employment

For starters, in most states employers may terminate an employee at-will, meaning they can fire employees for pretty much any reason as long as it doesn’t discriminate against someone in a protected class based on sex, age, race, religion, etc. Employers also cannot terminate in retaliation for an employee making a claim of harassment, discrimination, or safety concerns.

Aside from these limits, employers can terminate employees for good cause, bad cause, or no cause at all.

PIP or terminate

Deciding whether to put an employee on a PIP or terminate must be decided on a case-by-case basis.

A PIP is usually for job performance issues (hence, performance improvement plan). This could mean anything from not making enough sales to being inept at the job’s essential functions. If job performance doesn’t improve under the PIP, termination may be the end result depending on company policies and practices.

Even if an employee has job performance issues, the employer can terminate without going through the PIP process first, unless the usual process is to implement a PIP with employees who have had similar problems. In that case, not doing a PIP could be seen as discrimination against an employee, especially if the person falls into a protected class.

Workplace misconduct, however, is another situation altogether. This could be anything from a one-off poor joke to pervasive harassment. Snapping at customers or coworkers (or worse), for example, is a conduct issue. An employer could issue a warning or move right to termination if the behavior is clearly illegal or a serious threat to workplace safety.

Read more: ezExplanation on discharging employees

Termination tips

If an employer decides to terminate, they should treat the employee as respectfully as possible during the termination process. Also, an employer should carefully and clearly communicate the job-related reasons for the termination to avoid any hint of discrimination. Lastly, an employer should document the reasons and reiterate the steps taken leading up to the termination and keep those records handy in case the employee files a wrongful termination lawsuit.

Key to remember: Employers sometimes struggle when making termination decisions. Having a process in place and documenting steps along the way can help if a case lands in court.

Most Popular Highlights In Safety & Health

2025-10-30T05:00:00Z

Who pays more? Price per serious OSHA violations differs by state

OSHA state-plan state data for fiscal year (FY) 2024 reveals that from state to state the average serious penalty in the private sector was not the same (or even close). The highest average penalty is $8,331 per serious violation. The lowest is $897. That’s a striking disparity of $7,434 per violation. Put another way, the highest average penalty is nine times greater than the lowest!

If an employer is socked with more than one of these citations, this difference only multiplies. Let’s say two employers had three violations — one employer in the highest-penalty state and the other in the lowest-penalty state. One employer would be charged with $2,691 in total fines on average, while the other would be walloped with $22,302 in fines.

Serious violations and penalties at the federal level

A “serious violation” relates to a substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard. These violations may have a maximum penalty of $16,550. They can climb to $165,514 if they are also willful or repeat. (Note that maximums go up annually with inflation.) Still, on average most penalties never get that steep. The average federal OSHA penalty was just $3,794 in FY 2024.

State penalty statistics for serious violations

Twenty-two state-plan states run their own workplace safety and health program for the private sector, not federal OSHA. These states handle enforcement, so their approach to doling out penalties will differ. Federal OSHA prefers to see state-plan state penalties within 25 percent over or under the federal OSHA amount. That would be a range of $2,845 to $4,742 for FY 2024. Given those parameters, it turns out six states were too high in FY 2024, and 10 states were too low. Check out our table below:

State	FY 2023 average penalty	FY 2024 average penalty	Change
California	$8,778	$8,331	-5.09%
New Mexico	$4,406	$6,184	40.35%
Wyoming	$5,086	$5,594	9.99%
Nevada	$4,473	$5,508	23.14%
Arizona	$3,442	$5,476	59.09%
Alaska	$3,814	$4,812	26.17%
Iowa	$5,475	$4,610	-15.80%
Hawaii	$3,392	$3,872	14.15%
Federal OSHA	$3,625	$3,794	4.66%
Virginia	$3,332	$3,763	12.94%
Kentucky	$3,844	$3,746	-2.55%
North Carolina	$3,709	$3,544	-4.45%
Vermont	$4,270	$3,475	-18.62%
Minnesota	$1,215	$2,226	83.21%
Puerto Rico	$1,687	$2,002	18.67%
Utah	$1,744	$1,908	9.40%
Indiana	$1,649	$1,863	12.98%
Washington	$1,953	$1,792	-8.24%
South Carolina	$1,885	$1,772	-5.99%
Tennessee	$1,781	$1,684	-5.45%
Oregon	$604	$1,582	161.92%
Michigan	$1,363	$1,349	-1.03%
Maryland	$893	$897	0.45%

Source: OSHA’s Federal Annual Monitoring Evaluation (FAME) Reports for FY 2024

Key findings for the state enforcement data

California led the pack with an average of $8,331 for each serious safety or health violation in FY 2024. This figure was followed by New Mexico’s average of $6,184. Eight states — California, New Mexico, Wyoming, Nevada, Arizona, Alaska, Iowa, and Hawaii — hit employers higher on average than federal OSHA’s $3,794. Maryland, Michigan, and Oregon were the softest for average serious penalties in FY 2024, with $897, $1,349, and $1,582, respectively. Fourteen states had averages lower than federal.

Penalty averages are on the move

Maximum penalties increase with inflation every January. It follows then that average penalties should be climbing year to year. Federal OSHA average penalties for serious violations jumped 4.66 percent in FY 2024.

Twelve states hiked average penalties more aggressively than federal. Oregon stood out with a spike of almost 162 percent. This was the case even though average penalties remained below federal OSHA figures in that state. Minnesota, Arizona, New Mexico, Alaska, Nevada, Puerto Rico, Hawaii, Indiana, Virginia, Wyoming, and Utah also jumped up faster than federal OSHA. The state of Maryland had a gentle rise with positive 0.45 percent.

Surprisingly, nine states scaled back average penalties in FY 2024. Vermont had the greatest downward shift by almost 19 percent. Iowa, Washington, South Carolina, Tennessee, California, North Carolina, Kentucky, and Michigan also rolled back average penalties.

What are state-plan states?

State plans are OSHA-approved workplace safety and health programs. They are operated by individual states or U.S. territories. States with OSHA-approved programs must adopt standards that are at least as effective as OSHA's standards. Also, they are subject to OSHA approval and monitoring. Since state standards must be “at least as effective” as the comparable federal regulations, the state standards may differ in some respects.

Any state not in the table is regulated by federal OSHA for the private sector. Their penalty amounts are factored into the federal OSHA average penalty amount in the table. Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the Virgin Islands run an OSHA-approved state plan that covers state/local government employers only. Federal OSHA handles the private sector in those states.

Key to remember

While federal OSHA had an average penalty rate of $3,794 per serious violation in FY 2024, eight state-plan states had higher average penalty rates, and 14 state-plan states had lower ones. Also, 12 states hiked average penalties more aggressively than federal.

2025-10-24T05:00:00Z

OSHA safety training is more than just checking a box

It’s easy to think of safety training as a “one and done” requirement. Take attendance, show a video or two, good to go! Right? Yet, many OSHA standards include explicit safety and health training requirements. Some require “training” or “instruction,” others mandate “adequate” or “effective” training or instruction, and still others call for training “in a manner” or “in language” that’s understandable to employees. What’s more, refresher training or retraining may also be specified in the standards.

Regardless of the precise regulatory language used, however, OSHA expects training to be effective for all employees. That means employees need to understand it so they can make it part of the job.

OSHA can cite employers for inadequate training

Your documentation may show that all employees received training, but if OSHA asks employees questions about the hazards they’re exposed to and employees can’t answer, OSHA can issue a citation for inadequate training.

Training violations are typically cited as serious violations, which currently carry a fine of $16,550 each. (Penalty amounts increase each January with inflation.) OSHA defines a serious violation as “one in which there is substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.”

On top of the maximum amount, OSHA can cite instance by instance. If the employer failed to train 10 employees, OSHA can multiply the dollar figure by 10 to get a total $1,655,000 penalty amount for just one training violation. Things can escalate even higher if the citation is considered not just serious but willful or repeat.

Training must cover the hazards employees are exposed to

Think about what hazards your employees are exposed to during normal operations or in foreseeable emergencies — that’s where training comes in:

Conduct a workplace walkthrough to observe job tasks and identify hazards to determine what training is needed.
Look (and listen!) for hazards such as excessive noise, moving machinery parts, and chemicals.
Use our at-a-glance tables of general industry and construction training requirements to see what’s applicable to your workplace; then review the regulation to see what elements must be covered in training.

Note that when there’s the potential for a recognized, serious hazard such as extreme heat, heavy lifting, or workplace violence, but no OSHA standard, OSHA can cite the employer under the General Duty Clause (Section 5(a)(1) of the Occupational Safety and Health Act). In that case, you may be able to abate the hazard by training employees in hazard recognition and how to protect themselves.

Training must include workplace-specific information

Any manner of conducting training is acceptable, including classroom instruction, online modules, videos, and virtual or augmented reality, but trainees also must receive workplace-specific information. For example, if you provide Hazard Communication (HazCom) training for employees exposed to hazardous chemicals, a video will likely cover the basics, such as an explanation of the HazCom standard and how to read labels and safety data sheets (SDSs). However, employees also must understand how HazCom applies to their workplace, including what chemical hazards they’re exposed to, how to protect themselves from those hazards, the details of your written HazCom program, and how to access SDSs in their work areas.

Training must be understandable to all employees

Employees may have language and/or literacy issues. OSHA states in a training publication, “If an employee does not speak or comprehend English, instruction must be provided in a language that the employee can understand. Similarly, if the employee’s vocabulary is limited or there is evidence of low literacy among participants, the training must account for this limitation. Remember that workers may be fluent in a language other than English, or they may have low literacy in both English and their primary language. Training needs to be adjusted to accommodate all the factors that are present.”

Another key to comprehension and effective training is ensuring employees have the opportunity to ask questions and receive answers when they don’t understand the material. Not all OSHA standards specify that an instructor be present or that a person be available to answer questions immediately. However, employers should review the applicable standard to determine what’s required. A telephone hotline may suffice since employees can get immediate answers with no waiting.

A quiz or test is a great way to see if employees understand what they’ve learned, though it’s not an OSHA requirement. Offering hands-on exercises is another way employees can practice what they’ve learned in a safe space where the instructor can observe them to ensure they grasped the training. Also, watch employees in action on the job to see if they’re putting training to use — it’s another way to gauge effectiveness of training.

Refresher training and retraining keeps safety top of mind

Training employees once and assuming years later they still understand what they’ve learned is a risky assumption. It’s wise to set up a system for periodic refresher training, even if not required. Note that many OSHA standards will require refresher training and give a frequency. Others may specify that retraining is needed when something in the workplace changes, such as operations, processes, or hazards. Regardless, if you notice employees are failing to follow their training or they have a near miss or incident, that’s an important time to revisit the training elements.

Key to remember: Effective safety training includes workplace-specific information that’s understandable to all employees.

2025-10-31T05:00:00Z

For ergonomic injuries, fix the cause, not just the symptoms

A good friend who helps employers with ergonomic challenges recently mentioned that many of his clients hire physical therapists to treat ergonomic injuries, but still need help to identify and address the root causes of the injuries. The solutions aren’t necessarily expensive, but failing to identify the cause will commonly result in future ergonomic injuries.

He shared a story about a woman with a shoulder injury who was undergoing therapy and treatment. The employer hired my friend to investigate the cause. He discovered that a big part of her job involved driving Phillips screws, but the driver bit on her tool was worn down, so she had to apply extra force, which strained her shoulder. The solution to eliminating this excess strain was simply replacing the driver bit more frequently.

He also commonly encounters knee injuries to forklift drivers. One cause is that the step to enter a forklift is about 18 inches high, and regularly stepping up or down at the equivalent of two (or more) stair risers causes knee strain. Forklift operators should use three points of contact and pull themselves up, but they still primarily rely on leg muscles. This can be a particular problem for shorter or overweight operators.

Dismounting the forklift repeats the problem in reverse, or the operator jumps down, causing further strain on the knees. While adding a step to a forklift may not be practical, using proper mounting and dismounting technique is essential to minimizing the risk of knee injuries.

For related information, see our article, How to get your workers to identify ergonomic risk factors.

How much is too much?

We then discussed a question that we’ve both been asked many times, “how much weight can an employee safely lift?” There is no simple answer because numerous factors affect the determination, including the capabilities of the person doing the lift. Other factors include:

The frequency of lifts, such twice per day or 200 times per day;
Whether the load can be easily grasped, such as bags versus boxes; and
The starting and ending heights, since lifting from the floor is more difficult than starting at knee or waist height.

Additional considerations include the carrying distance, weight distribution within the load, and size of the load (affecting whether the load’s center is close to the body). Tools like the NIOSH Lifting Equation can help evaluate risk, but the first step should be evaluating engineering solutions that reduce or eliminate the inherent risks. In other words, the first step should be identifying potential risks that could be addressed before an ergonomic condition begins to develop.

Reviewing jobs for repetitive motion, lifting, grasping, vibration, and other risk factors can help employers identify risks. Some jobs do require repetitive motions, so employees and supervisors should immediately report any discomfort that might indicate a developing ergonomic condition. When those reports come in, the employer should not only take steps to address the employee’s symptoms, but should evaluate the job to identify and mitigate the conditions causing those symptoms.

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.

2024-09-12T05:00:00Z

How to get your workers to identify ergonomic risk factors

One of the most prevalent causes of injury and illness involving days away from work is also one of the most preventable. In the United States between 2021 and 2022, overexertion injuries (most frequently involving the back) typically resulted in 14 lost workdays. This and other types of ergonomic injury can be avoided through proactive self-reporting. But getting workers to identify signs and symptoms isn’t always easy.

Workers are the experts in what they do on a day-to-day basis and are often the ones that can best help pinpoint a problem that you may not know exists. By involving your workers, you’re giving them the additional skills necessary to more effectively recognize problem jobs, identify risk factors, and help develop solutions. By implementing various problem-solving exercises with a manageable sized group (i.e., 10-30 people), you can help facilitate worker involvement in the ergonomics process.

Body identification

Also known as body mapping, this exercise will help your employees visualize the effect that work is having on their bodies. To get started, draw a large outline of a human body, front and back, on a board or large sheet of paper. Then ask each individual in your group to come up to the outline and circle what part(s) of their body they’ve felt discomfort in when performing a specific task.

It’s important not to dwell on the individual person for fear of making them uncomfortable and unwilling to participate. Once everyone has a chance to participate, use the outlines and identifying marks to start a conversation. This will give your workers a chance to have their voices heard. It will also give you an opportunity to learn about potential ergonomic risk factors that you may have in your workplace that you didn’t know about.

Index cards

This exercise involves passing out index cards to workers on your shop floor, or as you wander through the office, or to hand out before a meeting. Instruct your workers to write down what ergonomic concerns they have about their job. Keep it anonymous to encourage participation. At the end of the meeting, shift, or day, collect all the index cards and categorize similar concerns or work processes together. Put them on a display board for others to view. Use the information collected to start a conversation and identify areas that may require immediate attention and prioritize the rest.

Sticky notes

Similar to the body identification exercise, use sticky notes with pre-written symptoms (e.g., pain, tingling, numbness, aching, etc.) and have workers place them on a particular body part on an outline of a human body. Again, use this as a way to start a discussion and get people talking openly and seeking solution.

Risk factors

Ergonomic risk factors are situations that cause wear and tear on the body, which can lead to injury. If left unchecked, this cumulative trauma can often result in life-changing musculoskeletal disorders (MSD). The following are common risk factors for developing an MSD:

Awkward posture: Maintaining an uncomfortable body position that can put strain on the muscles and joints.
Contact stress: Putting pressure between body tissue and a hard object, impeding blood flow, muscle movement, and nerve function, often affecting the fingers, palms, forearms, thighs, shins, and feet.
Forceful muscle exertion: Applying physical force or effort to perform a task, often involving significant muscular effort such as lifting, pushing, pulling, or carrying, which can put strain on the muscles, joints, and ligaments.
Frequency: Performing certain tasks at an increased rate of movement within a specific time period, often resulting in joint overuse and fatigue.
Poor workspace layout: Expecting the worker to fit the workspace results in inefficient posture and movement.
Repetition: Performing a task or movement repeatedly over a period of time, causing fatigue and strain on the muscles, tendons, and joints involved.

Key to remember: Ergonomic injuries can be prevented through proactive self-reporting and worker involvement. Engaging workers in problem-solving exercises helps them recognize risk factors and develop solutions, ultimately reducing the likelihood of injury.

2025-10-29T05:00:00Z

Lockout/tagout focus of MSHA safety alert

A safety alert issued by the Mine Safety and Health Administration (MSHA) offers best practices for safe electrical work to protect miners from the dangers of uncontrolled and unplanned releases of energy.

According to MSHA, there have been 289 arc flash or electrical shock incidents since 2015, with 15 of them resulting in death. The agency reminds miners that electrical work shouldn’t begin until circuits are fully deenergized and proper lockout/tagout procedures are in place.

Additional best practices include:

Maintaining a complete understanding of electrical hazards;
Ensuring electrical components are completely deenergized;
Developing and following a comprehensive and safe work plan or troubleshooting procedure; and
Wearing properly rated and well-maintained personal protective equipment in accordance with NFPA 70E to safeguard against electrical shock, arc blast, and arc flash hazards.

The full alert can be found on MSHA’s Mine Safety and Health Materials webpage.

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