Expiring TSCA CBI claims: How to request an extension

What’s changing and why it matters

Although EPA has been deregulating or loosening some requirements, there are still some standards being tightened across multiple fronts in the coming year:

• Renewable fuel standards (RFS): The EPA proposed higher volume requirements for 2026, including 24.02 billion renewable identification numbers (RINs), up nearly 8% from 2025. This increase pushes stricter expectations on fuel producers and organizations purchasing renewable fuels.
• Stormwater multi-sector general permit (MSGP): A new MSGP set to take effect by February 2026 will require quarterly PFAS indicator monitoring, expanded benchmark sampling, and resiliency measures in stormwater control designs.
• PFAS Reporting under the Toxic Substances Control Act (TSCA): TSCA Section 8(a)(7) mandates PFAS manufacturing and import data collection beginning in April 2026, through October 2026, with extended deadlines for certain small manufacturers.

Failure to prepare could lead to fines, reputational damage, supply chain disruptions, and permit delays. Companies that weave compliance planning into their 2026 strategy will be positioned not just to meet legal deadlines but to sustain operations smoothly.

Key areas of impact

• Renewable fuel standards (RFS) and air emissions The proposed increase in 2026 Renewable Identification Numbers (RIN) volumes, from 24.02 billion to 24.46 billion for 2027, signals tightening air and fuels policy that affects fuel use and emissions accounting.
• Stormwater management The upcoming 2026 MSGP requires expanded quarterly PFAS monitoring, new benchmark triggers, corrective action plans, and integration of climate resilience in design standards.
• PFAS disclosure (TSCA Section 8(a)(7)) Manufacturers and importers of PFAS must submit electronic reporting of usage, volumes, disposal, and exposure data between April and October 2026, with extensions available for smaller operations.

Steps to take now

• Audit compliance programs: Cross-check operations against RIN inventory, stormwater permits, and TSCA reporting duties.
• Upgrade monitoring and recordkeeping: Implement robust electronic systems to track PFAS, stormwater quality, fuel volumes, and emissions.
• Staff training: Educate teams on PFAS obligations, new stormwater protocols, and RFS structures.
• Engage regulators early: Comment on proposed rules, consult during permit drafting, and flag issues during the notice-and-comment period.

Looking ahead

The EPA’s 2026 updates reflect a trend toward increased transparency and environmental accountability. Companies that treat compliance as strategic will not only avoid enforcement but also gain resilience and stakeholder trust.

Key to remember: Start planning now. Early action on EPA rule changes will save time, money, and headaches when enforcement begins.

What’s happened?

A quick look at the rule’s development shows:

• 7/28/2025 — OSHA received a petition for rulemaking that covers obligations for ladder retrofits under 1910.28(b)(9).
• 9/15/2025 — OSHA posted a memo confirming it intends to eliminate 1910.28(b)(9)(i)(D).
• 12/18/2025 — OSHA sent its Walking-Working Surfaces (WWS) - Fixed Ladders proposal to the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA).
• 1/13/2026 — OIRA and OSHA met with the American Fuel and Petrochemical Manufacturers (AFPM).
• 1/21/2026 — OIRA and OSHA met with the Employers OSHA Modernization Coalition.
• 1/27/2026 — OIRA plans to meet with attorneys representing the American Petroleum Institute (API).

What did the petition request?

The seven-page petition, written by legal counsel on behalf of the AFPM, API, and American Chemistry Council (ACC), requests that OSHA:

• Withdraw the provision under the WWS standard for fixed ladders that extend more than 24 feet to be equipped with personal fall arrest systems (allowing the continued use of ladder cages or wells); or
• Grandfather fixed ladders installed before a particular date (authorizing the continued use of existing ladder cages or wells for those ladders).

Unjustified provision?

Petitioners argue that OSHA, in its 2010 proposed WWS rule, failed to:

• Take comments on the effectiveness of cages in protecting workers from falls,
• Disclose that the agency was evaluating whether to prohibit cages, and
• Give stakeholders a chance to submit evidence regarding cages.

The petition outlines the differences between the earlier proposed and final rules, noting that the 2010 proposal gave employers the choice to use any of four fall-protection types — cages, wells, ladder safety systems, or personal fall protection systems. However, the 2016 final rule gave a 2036 phase-out date for cages and wells.

The petition goes on to contend that:

• OSHA lacks sufficient evidence to justify prohibiting cages and wells;
• Data collected during the rulemaking process leaned toward preserving employer choices for fall protection; and
• Although the 2016 rulemaking preamble acknowledged the shift away from cages and wells, it did not fully discuss evidence in favor of cages and wells.

Other arguments in the petition

The petition raises several points questioning the benefits of paragraph (b)(9)(i)(D), stating that:

• In the past decade, AFPM, API, and ACC facilities have suffered only a few injuries, with no fatalities involving cages and wells;
• Cages offer passive protection, whereas ladder safety systems and personal fall arrest systems require workers to take action to comply;
• Personal protective equipment (PPE) lies at the bottom of the hierarchy of controls;
• Safety risks also exist for ladder safety systems and personal fall arrest systems; and
• Installing new ladders or retrofitting existing ones introduces hazards to those performing that work.

Finally, the petition addresses significant compliance costs, estimating several billion dollars for tens of thousands of ladders at U.S. refineries alone. Petitioners also cited additional expenses for rerating pressure vessels and engineering any process equipment changes.

What does OSHA say?

OSHA officially announced in a September 2025 memo that it is proposing to remove 1910.28(b)(9)(i)(D). The agency calls it a deregulatory action in line with Executive Order 14192. The memo reasons, “OSHA anticipates this change will allow employers to update their ladders when the ladders reach the end of their service lives, accommodating the lengthy service life of fixed ladders, while significantly reducing costs and offering greater flexibility.”

The WWS - Fixed Ladders proposal reached OIRA on December 18. OIRA typically takes 90 to 120 days for review, but recently a maximum 28-day review period for deregulatory actions was implemented. That means we anticipate OIRA will rush this proposal, so that OSHA may publish it in the Federal Register.

Key to remember

An upcoming OSHA proposal would withdraw 1910.28(b)(9)(i)(D). The rule was spurred by a petition.

Data centers and air permitting

Data centers depend on backup power to stay online during outages. Most use natural gas or diesel generators. These units release pollutants such as nitrogen oxides and particulate matter. When many generators operate together, their potential emissions can push regions close to or beyond National Ambient Air Quality Standards (NAAQS). This shift can threaten local attainment status and make it harder for nearby facilities to get new permits.

What EPA is doing

On December 11, 2025, the Environmental Protection Agency's (EPA’s) Office of Air and Radiation launched the “Clean Air Act Resources for Data Centers” webpage. It provides regulatory guidance, permitting tools, and technical letters. The goal is to make air permitting for data centers faster and more transparent while protecting air quality.

Why this matters for other regulated facilities

• Attainment status at risk

Large data centers add cumulative emissions from multiple generators. Even permitted emissions from nearby plants can combine and push an area into nonattainment. That change triggers stricter air permitting rules for everyone.

• Power demand competition

Data centers use large amounts of electricity. They often need on-site generators or new grid connections. This can strain local power supplies. In some cases, grid operators give data centers priority during peak demand, leaving other facilities with less reliable power.

• Stricter air quality modeling requirements

Some states now require detailed modeling for backup generators. For example, Illinois reviewed 34 generators for one data center before granting a permit. If modeling shows high emissions, regulators may limit operating hours or require extra controls.

Broader regulatory shifts

EPA recently updated its interpretation of New Source Review (NSR) rules. In September 2025, the agency said construction can start before full air permits are issued, as long as emission-related work waits for approval. This speeds up projects but makes it harder for neighboring facilities to predict cumulative emissions early.

What non-data center facilities should do

• Stay informed

Watch for new data center projects in your area. Their emissions could affect your permits.

• Engage early

Join public comment periods for data center permits. Push for full modeling of combined impacts.

• Plan for power

Work with grid operators. Understand how demand-response programs and EPA’s “50-hour rule” for emergency generators affect your reliability.

• Choose sites wisely

Consider locating new projects in areas with robust infrastructure and cleaner attainment status. Data centers might compete for the same grid upgrades or site approvals.

Key to remember: Data centers are more than tech hubs. They influence air permitting and power allocation. Their growth can affect your ability to expand, or even operate, under current compliance rules.

The colors of safety

The color identifiers below differentiate the various levels of risk and hazards for workplace safety. Employers must ensure workers with color blindness are able to understand hazards in the workplace and the meaning of signs and warning labels.

RED - identifies fire and fire protective apparatus, danger, and emergency stops. It marks areas near open flames or flammable materials, fire extinguishers, and where workers are directed to stop an action.

ORANGE - warns workers of hazardous parts of equipment that could physically harm people or the facility. Typically used as labels on machinery, orange may also be used on signs, hard hats, safety vests, and other objects.

YELLOW - designates caution and is used for marking physical hazards, such as falling, pinch points, contact hazards, and other similar hazards.

GREEN - identifies directional safety information. This includes pointing workers to emergency egresses, safety showers or eyewash stations, first aid stations, and other safety equipment.

BLUE - not always safety-related, provides information regarding a particular location, process, or item. Employers may use blue signs to convey workplace policies, instructions, or locations, such as “Employees Only.”

PURPLE - often combined with yellow, alerts workers to radiation hazards.

BLACK/WHITE - provides instructional and directional information. This includes speed limits, one-way traffic, and aisle markings.

Having a standardized color-coding system for safety is effective for alerting employees of workplace hazards - if they can see the colors properly. For those who can’t, employers must ensure these workers understand the hazards and warning signs throughout the workplace.

Are you contributing to color blindness?

Not only are employers required to ensure workers understand warning signs and colors, but they must also protect workers from becoming color blind. That’s right - color blindness can be acquired. Exposure to lead or carbon disulfide can cause color blindness, even at low levels. Terminal illness and alcohol consumption can also contribute to color blindness, so employers should promote health as part of their safety and health programs.

What does ADA have to say?

Color blindness is considered a disability according to the Americans with Disabilities Act (ADA). Employers are required to reasonably accommodate employees with disabilities.

Keys to remember

Employers must ensure employees with color blindness are able to understand hazards in the workplace and the meaning of signs and warning labels. The ADA requires employers to make reasonable accommodations for workers with disabilities, including color blindness.

What were the objections?

Examining the docket, we find several requests for withdrawal of the rule. Some of the concerns raised by commenters included:

• Misalignment with OSHA compliance dates — Commenters remarked that the rule does not align with the phased-in compliance deadlines in the OSHA Hazard Communication (HazCom) standard at 29 CFR 1910.1200(j). In fact, EPA’s compliance date precedes OSHA’s dates, making it “impossible to implement the required changes … for the 2026 reporting cycle,” asserted one commenter. This will force facilities to engage in premature self-classification, argued the commenter. “This misalignment introduces a high risk of inconsistent hazard reporting, undermining both regulatory clarity and the reliability of emergency planning data,” warned another.
• Unrealistic timeline — Commenters pointed out the fast-track schedule. “This timeline compresses the window for implementing critical updates to chemical management software systems [and] procedures [and] reconfiguring data collection processes,” explained a commenter who predicted that facilities will be unable to ensure compatibility between internal chemical management software systems and the new reporting structure, without timely access to updated EPA-provided Tier2Submit^® software.
• Implementation challenges — Facilities would be mandated to re-map each reported chemical (often before SDSs have been updated), claimed one commenter. State agencies would also have to incorporate the new hazard categories into their electronic reporting systems and revise guidance/training materials, according to another.
• New burdens with little benefit — While EPA announced that the rule was deregulatory, one commenter contends that it would make reporting “MORE burdensome.” The commenter also stressed that the rule would “not improve emergency planning or response.” Others emphasized that it exceeds what is necessary for harmonization with the OSHA HazCom standard and that the expanded reporting system would offer “little value.” Yet another commenter noted that using 112 hazard categories instead of 24 would overwhelm the public who have a right to know about the hazards in their communities.
• Rule characterization flaws — One commenter declared that “the rule’s characterization as ‘technical’ does not withstand scrutiny” because it substantively changes what information must be submitted; imposes non-trivial, potentially large costs on both the private sector and state/local programs; and conflicts with OSHA’s phased compliance framework.
• EPA obligation failures — Commenters also observed that EPA failed to assess or recognize “potentially large aggregate costs to the private sector and to state/local [agencies].” They also suggest that the agency estimate paperwork costs, determine whether small entities are affected, and request the Office of Management and Budget to review the rule. Finally, EPA has not meaningfully looked at costs and least-cost alternatives, one commenter said. The commenter gave alternative examples — “phased implementation aligned to OSHA’s schedule, optional dual-category reporting for one cycle, or a later effective date.”

What’s next?

Now, EPA is proceeding with writing a new final rule addressing all public comments. The agency published a parallel proposed rule on the same November date as the direct final rule. That proposal took comments (through December 24, 2025) on the substance of the direct final rule.

That means the agency has all it needs to work on a final rule. EPA made clear that no second round of comments will be collected, but the agency gave no hints as to when it might publish a new final rule.

Until then, the existing CFRs remain in place. In other words, the changes in the November 17, 2025, direct final rule will not take effect on January 16, 2026, as planned because they are now withdrawn.

Note that the direct final rule, had it taken effect, would not have impacted the Tier II forms due on or before March 1, 2026. Rest assured that it is “business as usual” for Tier II reporting due by March 1, 2026. Similarly, SDS reporting requirements continue as is.

For background information, check out our November 25th article, “EPA’s SDS/Tier II reporting now in lockstep with OSHA HazCom.”

Key to remember

On January 9th, EPA withdrew the November 17th direct final rule that would have amended Part 370. The withdrawal is prompted by an adverse comment. A new final rule is in the works.

Overview of OSHA requirements

The Occupational Safety and Health Administration (OSHA) outlines employers’ obligations relating to walking-working surfaces in 29 CFR 1910 Subpart D. The regulations apply to general industry, including trucking enterprises.

OSHA’s regulations offer an employer flexibility, presenting multiple options as it decides which fall protection method or system works best for its operation.

Employers can utilize guardrails and handrails, covers, personal fall protection, designated areas, and safety net systems. The regulation also requires employers to:

• Identify and evaluate slip, trip, and fall hazards and provide appropriate personal protective equipment (PPE) (i.e., personal fall protection) under requirements in 29 CFR 1910 Subpart I, “Personal Protective Equipment.”
• Conduct regular and periodic inspections and maintenance of all walking-working surfaces in their workplace.
• Determine the inspection frequency for all surfaces including ramps, stairs, etc., and document that inspections were performed on schedule.
• Provide training that enables employees to recognize the hazards of falling and the procedures to be followed to minimize these hazards, including the use of personal fall protection, proper ladder climbing techniques, etc.

How does this rule impact motor carriers?

When it comes to specific OSHA requirements, such as “Walking-Working Surfaces,” it often boils down to control. It goes almost without saying that Subpart D impacts a motor carrier’s on-site workers such as technicians, yard jockeys, dispatchers, managers, and the office staff. The company is responsible for the environments they work in and walk in.

But what about drivers?

The motor carrier’s responsibility under the walking-working surfaces requirements applies when drivers are at the carrier’s facility. This may include, for example, pretrip or post-trip vehicle inspections and the surfaces drivers encounter as they walk around the employer’s terminal.

However, the walking-working surfaces requirements don’t apply to time the drivers spend on the road or at locations outside of the motor carrier’s control, such as shippers, receivers, and truck stops. Providing safe walking-working surfaces is the responsibility of those establishments, not the carrier.

Any hazards at the shipper or receiver’s facility that the driver is exposed to would be the customer’s responsibility and potential OSHA citations.

Best practices for drivers

Best practices for drivers In the case of remote workers such as commercial drivers, the motor carrier should consider risk management best practices. Examples include:

• Developing policies and procedures and providing employee training on OSHA topics such as walking surfaces,
• Providing drivers with PPE,
• Addressing any safety concerns the driver has about customer sites, and
• Investigating and acting on claims that their drivers are behaving in an unsafe manner at a customer’s facility.

Key to remember: For motor carriers, responsibilities under OSHA’s walking-working surfaces may end when a driver pulls out of the lot. But slips, trips, and falls can happen anywhere your driver walks and works. Train and equip all employees to prevent incidents in work environments outside of the motor carrier’s control.

The two-week HOS ‘rule’

For many years, the FMCSA has enforced a policy that requires in-state truck and bus operators to follow federal hours-of-service rules for the week before and the week after any interstate movement. One week after returning to in-state-only (intrastate) operations, the driver may then return to following their state’s hours-of-service rules, which may be less strict than federal rules.

This policy, found in the FMCSA’s official guidance for 49 CFR 390.3, refers only to the hours-of-service rules and not other safety regulations like driver qualification or vehicle maintenance. How do those other rules apply to an in-state operation that needs to cross state lines?

4 months can turn into years

According to the FMCSA’s November 2022 announcement, a motor carrier that gets involved in interstate commerce — even for a short period of time — must comply with all other Federal Motor Carrier Safety Regulations (FMCSRs) for the duration of the trip plus another four months.

(The agency says it could also enforce the hours-of-service rules for four months, but that length of time “is not necessary to prevent fatigue.”)

Compliance doesn’t end there, however.

The FMCSA “has jurisdiction over motor carriers, vehicles, and drivers for a 4-month period after a trip in interstate commerce,” the agency wrote. “However, records must be retained for whatever period is required by the FMCSRs, even if that period exceeds 4 months.”

This means a motor carrier may need to produce records for a federal DOT audit for many years after an interstate trip, and failure to produce those records could result in big fines.

For example ...

Suppose, for example, that a driver doing in-state-only work in a truck over 10,001 pounds is exempt from needing a driver qualification (DQ) file under state law, but now that driver needs to do a trip across state lines. This makes the driver and company subject to FMCSA compliance.

• Prior to the trip, the company would need to create an FMCSA-compliant DQ file, complete with a medical card.
• For the duration of the interstate work, the driver and motor carrier would need to comply with all the FMCSRs, including all recordkeeping requirements.
• Once the driver returns to in-state-only work, the company must retain the DQ file (and other records) for as long as the FMCSRs require. For DQ files, this means the duration of the driver’s employment plus another three years.

If the FMCSA decides to audit the carrier a few years after the interstate trip but the carrier cannot produce the driver’s file, it could mean a hefty fine.

Know when the FMCSRs apply

If you’re normally engaged in intrastate operations but may have a need to cross state lines or otherwise get involved in interstate commerce, be sure you know which rules apply, when, and for how long.

Keep in mind that the FMCSRs apply to many types of vehicles that are not regulated when operating in intrastate commerce. The FMCSRs apply to all “commercial motor vehicles” as defined in 49 CFR 390.5, which includes vehicles operating in interstate commerce that weigh or are rated at 10,001 pounds or more (including all vehicles in a combination), even if a commercial driver’s license is not required.

Key to remember: The FMCSA has reasserted its authority to regulate in-state motor carriers for four months after they engage in interstate work, though recordkeeping requirements may continue to apply for years.

Why pair dash cams with telematics?

For safety and risk management professionals, it’s a strategic opportunity to streamline operations and safety. Dash cam benefits include:

• Stronger claims defense and faster exoneration. Video corroborated by hard data shortens investigations, deters fraud, and reduces litigation drag.
• Safer drivers, lower severity. Real-time insights (hard braking, speeding, following distance) reduce crash frequency and trim liability exposure over time.
• Operational accountability. To keep the discount, systems must be installed and operational at issuance/renewal, remain in continuous use, and be annually verified via a telematics summary report or affidavit.

What should fleets do now?

The dash cam and telematics system must work together to meet data verification requirements. Many fleets can leverage existing ELD or GPS platforms if they collect and transmit the required data. To ensure you qualify for the discount:

1. Confirm your pairing path. The law requires compatibility between the dash cam and telematics system for data verification. Many fleets can satisfy the “telematics” requirement through an existing ELD/GPS platform provided it collects/transmits the required driving data and can integrate/pair with the camera. Validate capabilities with your insurer and vendor.
2. Document early. Be ready to furnish proof of installation/operation (e.g., vendor certificate or telematics report). Missed documentation can forfeit the discount at renewal.
3. Align your renewal calendar. Because the discount attaches at issuance or renewal starting Jan 1, 2026, plan installs and integrations ahead of that date to capture savings for the full term.

Louisiana’s move validates what safety-focused fleets already know: video plus telematics pays for itself in avoided losses, quicker claim resolutions, and now mandated premium relief.

Key to remember: If you operate in Louisiana and you’re running an ELD and telematics platform, reach out to your insurance provider so you’re ready on January 1, 2026.

The rule

The 14-hour limit in the federal hours-of-service rules (at 395.3(a)(2)) says that drivers of property-carrying commercial motor vehicles must stop driving once they reach the end of the 14th consecutive hour of the workday.

Because the rule is based on consecutive time, the 14-hour clock keeps ticking away until it’s reset with a 10-hour break. As a result, lunch breaks, waiting time, and other non-productive activities take away from a driver’s available work hours. Being able to stop the clock is thus seen as a huge benefit in terms of productivity.

Pausing the 14-hour clock

Perhaps the biggest benefit for most truck drivers was the change that allows a driver to pause the 14-hour clock, if the driver has access to a sleeper berth that complies with 49 CFR 393.76.

To pause the 14-hour clock:

• The driver must take a break of at least two consecutive hours sometime during the day, either off duty, in a sleeper berth, or using a combination of the two. This break will pause the clock if the remaining conditions are met.
• The time before and after the break cannot include any driving after the 11th hour of driving or after the 14th hour of time (but the break itself can be excluded from the 14-hour total).
• The driver must get another break of at least seven consecutive hours spent entirely in a sleeper berth sometime before or after the shorter break. Without this time in a sleeper berth, the shorter break won’t pause the clock.
• The two breaks together must add up to at least 10 hours (for example: 2+8, 3+7, 4+11, 2.5+7.5, etc.).

As soon as a driver completes the two mandatory breaks, the 11- and 14-hour limits can be recalculated starting at the end of the first break (all time spent before the first break no longer counts). Neither break counts toward the 14-hour limit, and any 10-hour break will reset the limit.

If there is any off-duty time connected to (consecutive with) either break, that time may also be excluded from the 14-hour calculation.

What if? In the accompanying image, what happens if the driver is stopped for an inspection between 2:00 p.m. and 5:00 p.m.? The officer should assume the driver will be getting at least seven hours in a sleeper berth later in the day and is compliant.

Key to remember: Drivers who have access to a sleeper berth may pause their 14-hour clock with a two-hour break if certain conditions are met.

Inpatient care explained

Inpatient care is an overnight stay in a health care facility. If the employee or family member had an overnight stay, it’s an FMLA serious health condition regardless of how many days of work the employee missed.

If the employee or family member did not have an overnight stay, employers move on to the continuing treatment part of the definition.

Continuing treatment defined

A serious health condition involving continuing treatment includes the following:

• A period of incapacity of more than three, consecutive, full calendar days, and any subsequent treatment that also involves:
  • Treatment two or more times within 30 days of the first day of incapacity by a health care provider, or
  • Treatment at least once, resulting in a regimen of continuing treatment.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity (or treatment for) a chronic serious health condition requiring treatments at least twice per year and continuing over an extended period of time. These may cause episodic rather than continuing periods of incapacity.
• A period of incapacity for a permanent or long-term condition in which treatment may not be effective.
• Any period of absence to receive multiple treatments (i.e., chemotherapy, radiation, physical therapy, dialysis), for restorative surgery, or for a condition that would likely result in a period of incapacity of more than three consecutive, full, calendar days if treatment isn’t received.

Not all parts of the definition above will apply to a particular situation. The only part of the continuing treatment segment that involves three days, for example, falls under the first bullet. For all the other parts, any period of incapacity would be FMLA leave. An employee doesn’t need to miss three days of work.

Focus on incapacity not absence when applying FMLA leave

The period of more than three days applies to how long the individual is incapacitated, not how many days of work the employee missed. If, for example, an employee who normally works Monday through Friday suffers a serious health condition on Friday evening and is incapacitated until Wednesday, the period of incapacity is more than three days. The employee missed only two days of work, but those two days would be FMLA leave.

Failure to designate an absence as FMLA leave when it is called for risks a claim that the employer interfered with the employee’s FMLA rights.

Key to remember: Employees don’t have to miss three days of work to trigger an employer’s FMLA obligations.

Eligibility/rights and responsibilities notice

The first deadline is activated when an employee notifies the employer (e.g., supervisor, HR manager, etc.) of the need for leave. The employer then has five business days to give the employee an eligibility/rights & responsibilities notice.

If the information in this notice changes, the employer has to tell the employee in writing within five business days after the employee first asks for leave again. The new notice should mention the old notice and explain what has changed. If, for example, the first part of leave was paid and the next part is unpaid, the employer needs to explain how to make premium payments.

Employers may include a certification along with the employee's eligibility/rights & responsibilities notice. Absent extenuating circumstances, the employee must complete and return the certification within 15 calendar days.

So, how soon after an employee requests leave do employers have to request a certification?

In most cases, employers should request a certification when an employee gives notice of the need for leave or within five business days. If the leave is unforeseen, such as a medical emergency, employers should request a certification within five days after the leave begins.

Designation notice

Once the employer has enough information (often from a certification) to determine if the employee’s leave qualifies for FMLA job protections, the employer has five business days to give the employee a designation notice (i.e., written approval or denial of the leave).

Similar to the eligibility/rights and responsibilities notice, if the information provided in the designation notice changes (e.g., the employee exhausts the FMLA leave entitlement), the employer must inform the employee of the change within five business days.

Key to remember: Failure to meet the FMLA’s five-day deadlines for giving employees notices can risk a claim that the employer violated the employee’s FMLA rights.

The story

Megan, an employee, had a disability. She asked to work fewer hours as a reasonable accommodation and gave her employer medical documentation to support her request. The employer approved the accommodation.

Megan also took time off under the federal Family and Medical Leave Act (FMLA) for which she supplied a certification.

Eventually, Megan asked to be reassigned to an open, part-time position as a reasonable accommodation. She applied for three vacant positions.

Before the employer proceeded with Megan’s reassignment request, it told her that she had to provide updated documentation. While waiting for the documentation, the employer paused the accommodation process. Several months later, Megan provided the documentation, but by then, the employer had filled the positions.

Megan went to the EEOC, and the agency sued the employer on her behalf.

The claim

The EEOC alleged that the employer violated the ADA by failing to reassign Megan to a vacant position as a reasonable accommodation.

The employer argued that Megan didn’t provide updated medical documentation before it filled all three positions. As a result, the employer claimed, it didn’t have to consider her accommodation request.

The decision

The court said it’s true that, generally speaking, employers have the right to ask for documentation on the medical necessity of an employee’s accommodation.

Case law doesn’t, however, say that employers may take no action on an employee’s request or pause the interactive process entirely when it’s already on notice of an employee’s disability.

Megan already gave the employer medical paperwork on two occasions:

1. When receiving an earlier reasonable accommodation, and
2. When taking FMLA leave.

The court found, therefore, that the employer’s requirement that Megan give it updated medical documentation before it took any action on Megan’s transfer request was done in bad faith. The employer already had sufficient information.

Thus, the court said, there was no general legal requirement that an employee who’s already provided medical documentation must provide more before triggering the employer’s obligation to continue the ADA interactive process.

Equal Employment Opportunity Commission v. William Beaumont Hospital d/b/a Beaumont Health System, Eastern District of Michigan, No. 23-cv-11560, 19 November 2025.

Key to remember: Employers that already have paperwork supporting an employee’s accommodation request shouldn’t ask for updated documentation, and they shouldn’t hold off on providing an accommodation while waiting.

What is an establishment?

When it comes to figuring out who needs to submit OSHA injury and illness records, the first thing to understand is that these requirements apply to each establishment, not necessarily to the company as a whole. That raises the question, what exactly is considered an “establishment”?

OSHA defines an establishment as a single physical location where business is conducted or where services or industrial operations are performed. In plain language, if your company has multiple plants, offices, or warehouses, each one is usually considered its own establishment for reporting purposes.

But there’s a twist. Under 29 CFR 1904.46, the Agency makes an exception for situations where several buildings are close together and operate as one business unit. Think of a campus or a group of facilities under the same management and performing the same business activities, those are generally treated as a single establishment. On the other hand, if those buildings are spread out, run independently, or differ in the work they do, then each location counts as its own establishment.

Who must submit?

Armed with a better understanding of what an establishment is, you can determine if you need to submit electronically and what must be submitted? The answer depends on establishment size, industry classification, and recordkeeping obligations under Part 1904 including the following categories:

Large establishments in any industry:

• Companies with 250 or more employees at any time during the previous calendar year, and
• Required to keep OSHA injury and illness records.
• Submit OSHA Form 300A

Medium-sized establishments in specific industries

• Companies with 20–249 employees at any time during the previous calendar year, and
• Industry is listed in Appendix A to Subpart E (designated industries).
• Submit OSHA Form 300A

Examples can include construction, manufacturing, and transportation.

Certain high-hazard industries

• Companies with 100 or more employees at any time during the previous calendar year, and
• Industry is listed in Appendix B to Subpart E (high hazard industries).
• Submit OSHA Forms 300A, 300, and 301

Examples can include hospitals, food manufacturing plants, and waste treatment facilities.

What if my organization doesn’t fit in with the listed categories?

Keep in mind that unless your establishment falls into OSHA’s required categories, you usually don’t have to submit injury and illness data electronically through the Injury Tracking Application (ITA), unless OSHA specifically notifies you that electronic submission is required.

That said, being exempt from electronic submission does not eliminate your other OSHA recordkeeping responsibilities under 29 CFR Part 1904. If you are required to keep injury and illness records, you must still:

• Maintain OSHA Forms 300, 300A, and 301 for five years following the end of the calendar year they cover, and
• Post the OSHA 300A Annual Summary in a visible location each year from February 1 through April 30, even if no recordable injuries or illnesses occurred.

When to submit?

If you have determined you must electronically submit your records, then the last piece of the puzzle is knowing the submission deadline. The electronic submission window for the previous calendar year’s data runs January 2 through March 2 annually. For example, 2025 data must be submitted by March 2, 2026. Late submissions can still be made until December 31, but missing the March deadline may trigger compliance issues.

Actionable steps for compliance

• Confirm coverage: Determine whether your establishment is required to submit electronically by using OSHA’s ITA Coverage Tool, based on employee count and industry classification.
• Prepare required records: Ensure OSHA Forms 300 and 301 are complete and accurate for the reporting year, and complete and certify Form 300A by January 31 as required.
• Review for accuracy: Verify employee counts, NAICS codes, and consistency across all forms to minimize submission errors or rejections.
• Protect employee privacy: Ensure personally identifiable information (PII), such as employee names, addresses, and healthcare details, is not included in electronic submissions.
• Submit through OSHA’s ITA: Submit the required data to OSHA’s ITA using manual entry, csv file upload, or API integration, depending on the number of establishments and internal systems.

Key to remember: Electronic submission requirements are based on establishment size and industry classification. Keep in mind, even if you’re not required to submit data electronically, you may still be required to keep injury and illness records, retain them for five years, and post the OSHA 300A every year.

Topics and worker types covered

Topics addressed by these bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence. Federal OSHA does not have comprehensive standards for any of those hazards. Some existing standards are related — sanitation, first aid, personal protective equipment, and injury/illness recordkeeping and reporting.

Without comprehensive standards, OSHA may turn to enforce these hazards under the General Duty Clause (GDC), Section 5(a)(1) of the Occupational Safety and Health Act. Yet, the GDC poses a high bar for inspectors. OSHA can only cite under Section 5(a)(1) if the alleged hazard: exists, is recognized, is serious, and has a feasible means to reduce that hazard.

If any one of the four criteria is missing, a GDC citation will not hold. On the other hand, putting a standard in place both mandates protections and makes it much easier for OSHA to cite employers for the hazards.

Worth noting, some of the bills specifically cover domestic workers, firefighters, warehouse workers, public sector workers, and healthcare and social service workers.

Nine bills to watch

Below are the nine Congressional bills (and companions) currently under consideration:

• LET’S Protect Workers Act, H.R. 6597 — Introduced 12/10/2025. This bill would raise civil monetary penalties for employers that violate occupational safety and health requirements. Willful and repeat violations would jump to $800,000 each. The bill would also direct OSHA to close a loophole that prevents citations for failing to maintain required injury and illness records if the violation is not discovered within six months. Instead, every day an employer fails to make or maintain a record during the five-year record retention period would be a violation.
• Domestic Workers Bill of Rights Act, S. 3396 and H.R. 3971 — Introduced 12/9/2025 and 6/12/2025, respectively. This bill would require a board to make recommendations to OSHA for standards that affect the well-being of domestic employees, including infectious diseases protections.
• Healthy Lungs for Heroes Act, S. 3183 — Introduced 11/18/2025. This bill would require OSHA to develop an appropriate exposure limit for wildfire smoke for wildland firefighters and supporting staff where current PELs are not a good fit for wildfire situations. The bill would also require the incorporation by reference of a National Fire Protection Association standard on respirators for wildland fire-fighting operations.
• Warehouse Worker Protection Act, H.R. 4896 and S. 2613 — Introduced 8/5/2025 and 7/31/2025, respectively. This bill would require OSHA to publish a standard for ergonomic program management with elements including hazard identification, job evaluations, hazard control, training, and medical management. The bill also calls for OSHA to publish a standard on first aid and employer-provided occupational medicine consultation services. Finally, it would update the Occupational Safety and Health Act (OSH Act) so a contest notice would not stay abatement of a violation.
• Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act, H.R. 4443 and S. 2298 — Both introduced 7/16/2025. These bills would require OSHA to promulgate a standard to protect workers from heat-related injuries and illnesses. Such a standard may have measures like engineering controls, administrative controls, personal protective equipment, medical and emergency protocols, training, and a written plan.
• Recognizing that climate change poses a growing threat to public health and necessitates coordinated action to mitigate its impacts and safeguard the health and well-being of all people in the United States, H.Res. 568 and S.Res. 318 — Both introduced 7/10/2025. These bills say that OSHA “should” promulgate a worker heat protection standard that, in accordance with the best available evidence, establishes the highest degree of health and safety protection feasible.
• Protecting America’s Workers Act, H.R. 3036 — Introduced 4/28/2025. This bill would require OSHA to update its incorporations by reference of national consensus standards, with some exceptions. The bill makes other changes to the OSH Act to expand coverage to public sector workers, increase protections, and raise penalties.
• Safe Workplaces Act, H.R. 2647 — Introduced 4/3/2025. This bill taps OSHA to issue nonmandatory guidance on activities and work practice controls that can be implemented at work to reduce workplace violence.
• Workplace Violence Prevention for Health Care and Social Service Workers, H.R. 2531 and S. 1232 — Both introduced 4/1/2025. These bills mandate OSHA to issue a standard that requires covered employers within the healthcare and social service industries to develop and implement a comprehensive workplace violence prevention plan. The plan must include procedures and methods for risk assessment and identification of risks, hazard prevention and controls, reporting and investigation, emergency response, and training.

Key to remember

Several bills in Congress would modernize the OSH Act and mandate OSHA rulemaking to strengthen or increase worker protections.

Mental health vs. physical safety

Unlike physical safety measures, such as machine guarding, which is objective and relatively easy to regulate, mental health is inherently subjective. This makes it far more challenging to address using clear-cut regulations. OSHA’s past attempts to regulate ergonomics and current efforts around heat illness illustrate this difficulty. Human variability, differences in physiology, acclimation, and personality, makes one-size-fits-all rules nearly impossible. Mental health is even more complex because it’s deeply tied to individual experiences and perceptions.

Currently, regulatory bodies like OSHA provide guidance for mental health in the workplace rather than enforceable standards. There is no definitive “doctrine” for mental health compliance, and much of what exists is based on expert opinion rather than codified law. This doesn’t mean organizations should ignore mental health. On the contrary, its impact on safety, productivity, and overall culture is undeniable.

The employer’s challenge

The challenge for employers has two parts. First, they need to decide what mental health means in their organization. Second, they need to find ways to measure its impact.

In manufacturing, where I’ve spent much of my career, I use data to judge whether changes are working. If I were starting a mental health program, I would look at clear measures, like productivity, before and after the program begins. While these numbers don’t prove cause and effect, tracking them over time can help show whether the program is making a positive impact.

Of course, workplaces are ever changing. External factors like economic conditions or incentive programs promoting initiatives can skew results. That’s why mental health strategies should be progressive and proactive, implement, measure, adjust, and repeat. Even if the data isn’t perfect, maintaining programs that foster well-being is better than doing nothing. Over time, consistent efforts will help build a culture where mental health is valued as much as physical safety.

Actions leaders can take now

• Normalize mental health conversations by encouraging open and judgment-free discussions. Leaders should lead by example by sharing how they handle stress.
• Train managers to notice warning signs by giving them simple tools to spot changes in behavior, mood, or job performance that may point to mental health concerns.
• Offer flexible work options such as flexible hours, remote work, or mental health breaks. These options help employees manage stress and balance work and life.
• Give employees access to support by providing Employee Assistance Programs (EAPs), counseling, and wellness apps. Make sure these resources are easy to find and use.
• Include mental health in safety programs by treating it as part of overall workplace safety. Add stress management and coping skills alongside physical safety training.
• Track and improve mental health efforts by watching trends like attendance, engagement, and productivity. Use employee surveys to understand how people feel and improve programs.

Key to remember: Mental health affects how people work, make decisions, and stay safe. When employers value mental well-being as much as physical safety, everyone benefits.

What is “chip guarding”?

“Effective chip guarding” means any method or equipment which will prevent a chip or particle (of whatever size) from being blown into the eyes or unbroken skin of the operator or other workers.

Effective chip guarding may be separate from the air nozzle as in the case where screens or barriers are used. The use of protective cone air nozzles are acceptable in general for protection of the operator, but barriers, baffles or screens may be required to protect other workers if they are exposed to flying chips or particles.

What about the psi requirement?

The regulation requires the psi at the nozzle to be less than 30 when using compressed air for cleaning.

However, OSHA has said in interpretive guidance that the use of compressed air for cleaning purposes at pressures at or greater than 30 psi is permissible if the outlet or source is fitted with a relief device or air ports that drop the pressure to less than 30 psi if the flow is dead-ended.

What about cleaning clothing/bodies?

While the regulation does not specifically address the issue, in a letter of interpretation OSHA said that employers should not allow employees to use compressed air for cleaning themselves or their clothing in general industry situations. The eyes and other body parts, such as the respiratory system, may be damaged as the result of inadequate personal protective equipment, lack of chip guards, and/or uncontrolled release of compressed air.

The dangers

There are numerous dangers of improperly using compressed air:

• Embolism: If compressed air enters the bloodstream through a body opening or skin break, it can create an embolism (air bubble) that can be life threatening.
• Eye damage: Particles that are being blown can “blow back” and strike the eyes. The air itself can also cause injury if it is pointed toward the eyes.
• Hearing loss: Some compressed air equipment can be loud enough to damage hearing. Always wear proper PPE.
• Combustible dust: If compressed air is used to blow certain dusts, it can create a suspension in the air that could ignite if there is an ignition source.
• Respiratory: Particles or air can enter the respiratory system, posing deadly hazards.
• Whips: If not properly secured, hoses can whip and cause severe injury.

Workers must be trained that even extremely low pressures, such as 5 or 10 psi, can still cause severe damage if pointed toward the body, particularly the mouth, eyes, ears, or open areas in the skin.

Employers should train employees on the dangers of compressed air, and ensure the equipment is equipped with the necessary safety features and is properly maintained.

Supervisors should watch for improper use, particularly horseplay, and initiate corrective action. In addition, for many applications, a broom or shop vacuum may be just as effective at cleaning, and much safer. Compressed air may seem harmless, but if strict safeguards and practices are not utilized it can be deadly.

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.

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.

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.

Other exit signage requirements to consider

The International Fire Code (IFC) was not adopted by OSHA; however, it’s likely to be referenced by local fire marshals. The IFC states, “Exit signs are not required in rooms or areas that require only one exit or exit access.” Generally, a room or area that holds fewer than 50 people is permitted to have only one exit. These rooms are typically smaller with an exit that is close and obvious, so an exit sign shouldn’t be needed inside the room. For example, individual offices, small conference rooms, storage rooms, and bathrooms usually don’t have exit signs because the way out is obvious.

Additional requirements for office exits require they:

• Are free of obstructions. No materials or equipment may be placed, either permanently or temporarily, within the exit route.
• Are arranged so that employees aren’t required to travel toward a high hazard area unless the path of travel is effectively shielded from the high hazard area by suitable partitions or other physical barriers.
• Don’t pass through a room that can be locked, such as a bathroom, to reach an exit or exit discharge, or lead into a dead-end corridor.
• Are adequately lighted so that an employee with normal vision can see along the exit route.
• Have each exit route door be free of decorations or signs that obscure the visibility of the exit route door.

Key to remember

When considering exit signs for smaller offices, employers must determine the size of the room, path of travel to an exit, and how obvious the exit would be based on room size. Generally, a room intended to hold fewer than 50 people is permitted to have only one exit and would not require an exit sign.