HHS change may bring saliva drug testing to DOT rules

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.

The Environmental Protection Agency (EPA) has proposed a rule to rescind the 2009 Endangerment Finding and repeal all greenhouse gas (GHG) emissions standards for:

• Light-duty vehicles,
• Medium-duty vehicles,
• Heavy-duty vehicles, and
• Heavy-duty vehicle engines.

What’s the Endangerment Finding?

In 2009, EPA issued two findings: the Endangerment Finding and the Cause or Contribute Finding, generally referred to as the 2009 Endangerment Finding. The agency uses the findings as the foundation for statutory authority to regulate GHG emissions under Section 202(a) of the Clean Air Act. In other words, the 2009 Endangerment Finding is the legal basis the agency uses to regulate GHG emissions from new motor vehicles and vehicle engines.

Under the 2009 Endangerment Finding, EPA regulates new motor vehicles and vehicle engines through:

• Emissions standards and related requirements, and
• Engine and vehicle certification requirements.

How does this impact vehicle regulations?

If EPA rescinds the 2009 Endangerment Finding, it will no longer have the statutory authority to regulate emissions from new motor vehicles and vehicle engines. As a result, EPA would remove all GHG emissions regulations that apply to new motor vehicle and vehicle engine manufacturers in 40 CFR:

• Parts 85, 86, and 600 (light- and medium-duty vehicles),
• Part 1036 (heavy-duty vehicle engines), and
• Part 1037 (heavy-duty vehicles).

Affected compliance requirements include:

• Emissions standards;
• Test procedures;
• Averaging, banking, and trading requirements;
• Reporting requirements; and
• Fleet-average emission requirements.

Manufacturers would no longer have to measure, control, or report GHG emissions for any vehicle or vehicle engine, including previously manufactured model years.

What won’t change?

The proposed rule doesn’t affect:

• Criteria pollutant and air toxic (or hazardous air pollutant) measurement and standards,
• Corporate Average Fuel Economy (or CAFE) testing, and
• Associated fuel economy labeling requirements.

What’s next?

EPA will accept public comments on the rule through September 15, 2025. Additionally, the agency will hold a virtual public hearing on August 19 and 20, 2025. EPA will use the feedback to inform how it will proceed in the rulemaking process.

Key to remember: EPA has proposed a rule to rescind the 2009 Endangerment Finding and repeal GHG emissions standards for new motor vehicles and vehicle engines.

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!

The Environmental Protection Agency (EPA) released the biannual update of the nonconfidential Toxic Substances Control Act (TSCA) Chemical Substance Inventory (TSCA Inventory) on January 17, 2025. It includes all nonexempt chemical substances manufactured, processed, and imported in the U.S. that TSCA regulates.

Please note that the nonconfidential TSCA Inventory contains no chemical identities claimed as confidential business information, so it’s not a comprehensive list. The TSCA Master Inventory File is the only complete list.

How does this impact my facility?

The TSCA Inventory helps facilities determine TSCA’s regulatory requirements for the chemicals they use or plan to use. Chemicals on the list (i.e., “existing chemicals”) may be subject to rules such as reporting requirements and manufacturing limits. Chemicals not on the list (i.e., “new chemicals”) have specific notification and review requirements before they can be used.

About the updated TSCA Inventory

The TSCA Inventory has 86,847 chemicals, and 42,495 of these chemicals are active (i.e., in use). EPA also updated commercial activity data as well as regulatory flags that indicate:

• A chemical is subject to a rule or order restricting manufacturing or use, and/or
• A chemical has a partial or full exemption from TSCA reporting rules.

EPA plans to release the next updated TSCA Inventory by Summer 2025.

How to access the TSCA Inventory

You can download the nonconfidential TSCA Inventory from EPA’s website or view it online via the agency’s Substance Registry Services (search by list).

Key to remember: EPA updated the nonconfidential TSCA Inventory, including regulatory flags that indicate certain regulatory restrictions and/or reporting exemptions.

Led by the U.S. Department of Energy (DOE), the recently announced Net Zero World Initiative has set ambitious goals for accelerating transitions to resilient, inclusive, and decarbonized energy systems around the globe.

The initiative will draw on the combined expertise of governments, philanthropies, think tanks, businesses, and academia to pursue a goal of a worldwide transition to net zero emissions by 2050. Founding country partners include Argentina, Chile, Indonesia, Nigeria, Egypt, and Ukraine, with other countries planning to join in the near future.

According to a DOE press release, specific benchmarks for Net Zero World partnering countries in the coming years include:

By 2022: Prepare or strengthen net zero energy technical, market, and investment plans and execute on near-term opportunities.

By 2023: Implement key policies and programs for countries to achieve net zero transitions.

By 2024: Mobilize at least $10 billion in clean energy infrastructure and project investment.

By 2025: Create new clean energy jobs, of which at least 50 percent are held by women and 40 percent benefit disadvantaged communities.

Key to remember: Net Zero World, led by the U.S. Department of Energy, has set ambitious goals to accelerate decarbonization of the global energy system. Benchmarks through 2025 have been set for partnering countries.

The Federal Motor Carrier Safety Administration (FMCSA) has announced the rollout of Motus, a new USDOT registration system designed to streamline compliance and modernize the way motor carriers, brokers, and supporting companies manage their regulatory obligations.

Motus represents a significant shift from the current patchwork of portals, consolidating USDOT numbers, biennial updates, hazmat registrations, and other filings into one secure, user-friendly platform. The initiative aims to:

• Simplify processes;
• Enhance fraud prevention; and
• Provide registrants with intuitive tools such as auto-population, real-time data validation, and mobile accessibility.

Driving a truck can be a dangerous profession at times, so it’s crucial to prepare for emergencies. Emergency equipment will help keep your drivers safe on the road. But what’s required to be in the vehicle? According to Transport Canada, there are no federal regulations relating to the emergency equipment required for your standard, everyday commercial motor vehicles in Canada. However, the National Safety Code (NSC), requires carriers to ensure that their vehicles meet maintenance and performance standards as prescribed in the standards. Carriers also have a duty to comply with jurisdictional health and safety legislation pertaining to the workplace. Even though there may not be detailed federal regulations in place, and the requirements can vary among Canadian jurisdictions, you still need to ensure your drivers have what they need in an emergency. Plus, if your drivers are operating across the U.S.-Canadian border, they may need additional equipment while in the United States.

The Federal Motor Carrier Safety Administration (FMCSA) continues to tighten driver qualification (DQ) standards for carriers and drivers. Three areas stand out for 2026:

1. Commercial driver’s license (CDL) medical certification integration,
2. English language proficiency (ELP) enforcement, and
3. Non-domiciled CDL rule changes.

Each area brings challenges and questions for carriers striving to keep drivers qualified and avoid costly out-of-service (OOS) violations.

As expected under the new Trump administration — and despite having an extensive wish-list — the Federal Motor Carrier Safety Administration (FMCSA) took few significant rulemaking actions in 2025.

Nevertheless, the year brought a crackdown on noncompliance, at least one significant compliance deadline, several policy changes, and numerous rulemaking proposals that are still in the works.

Here’s a recap of the biggest news of the year related to motor carrier safety regulations. Note that many changes had merely been proposed and were not yet finalized as of late December.

• Jan. 8: The FMCSA announced plans to launch a study of the effectiveness of warning devices for stopped vehicles, particularly in light of advances in automated driving systems.
• Jan. 16: The FMCSA granted a five-year exemption allowing an alternative path for individuals to become qualified to perform brake and annual vehicle inspections, if they have completed a training course using a curriculum consistent with one developed by the American Trucking Associations' Technology and Maintenance Council.
• March 31: New medical certification forms went into effect, with an “expiration” date of 3/31/2028 in the upper corner. Medical examiners were allowed to use up their existing stock of older forms.
• April 3: As part of the Trump administration’s push to roll back regulations, the DOT asked for public input on regulations that may be ripe for removal.
• May 9: Driver files could become a little lighter at the three-year anniversary of the removal (on May 9, 2022) of a requirement that drivers provide an annual list of their traffic violations. Since the lists only needed to be kept for three years, there’s no longer a need for any files to include them.
• May 20: A new enforcement policy directed that all roadside inspections include a two-part English proficiency test and that drivers be placed out of service starting June 25 if they fail the test.
• May 30: In response to a presidential directive to cut regulations, the FMCSA published a whopping 18 proposals taking aim at a broad range of requirements, albeit with minimal impact. As of late December, none of the proposals had been finalized.
• June 23: About a dozen states failed to meet the June 23 deadline to process medical certification information electronically, leading the FMCSA to issue a waiver that extended into January 2026, allowing drivers and motor carriers to rely on paper medical cards for up to 60 days.
• June 25: The May 20 enforcement policy on English proficiency went into effect, directing that drivers be placed out of service if they cannot meet the English proficiency standard. Thousands of drivers were impacted by year’s end.
• June 27: The FMCSA announced plans to launch two new pilot programs to study potential changes to the hours-of-service rules, including changes to the split-sleeper option and allowing drivers to pause the 14-hour limit with a short break.
• June 27: A nationwide audit of states issuing non-domiciled commercial licenses was launched. By year’s end, California, Colorado, New York, and Pennsylvania were highlighted as being out of compliance.
• July 1: The FMCSA announced that it was working on a DataQs appeals process and sought public input through the end of August. By year's end, no changes had been finalized.
• July 24: The FMCSA officially withdrew an effort to require speed limiters on heavy trucks, citing policy, safety, and data concerns.
• July 27: The Compliance, Safety, Accountability (CSA) program was updated with 38 new violations and changes to the way English proficiency violations are recorded.
• Sept. 2: The DOT proposed several changes to its drug testing rules in Part 40, including the addition of fentanyl to the testing panel. The changes have not yet been finalized.
• Sept. 29: A new rule placed restrictions on who is eligible to obtain a non-domiciled commercial driver’s license (but see Nov. 13).
• Sept. 30: As of October, the FMCSA announced that it is no longer accepting checks or cash payments for any fines or fees.
• Nov. 13: A federal appeals court placed an indefinite “stay” on the Sept. 29 licensing rule. In response, the FMCSA said it would revisit the rule in 2026. On Dec. 3, the court required the FMCSA to provide it with updates every 90 days beginning March 3, 2026.
• Nov. 17: The FMCSA renewed an exemption that allows the installation of auxiliary pulsating brake lamps on dry-van trailers and box trucks.
• Dec. 1: The FMCSA announced the launch of Motus, its new unified registration system. All customers will be granted access to the system in early 2026.
• Dec. 1: The FMCSA launched a new vetting process for electronic logging device (ELD) applications in an effort to keep noncompliant devices off the Registered ELD list.
• Dec. 1: The FMCSA announced the removal of nearly 3,000 entry-level driver training providers from its Training Provider Registry. Another 4,500 were notified of potential noncompliance.
• Dec. 8: Another three ELDs were added to the “revoked” list, bringing the year’s total to 28 revoked devices, the most in any one year since ELDs were first required.

Key to remember: Though light on regulation changes, 2025 nevertheless brought several impactful actions from the FMCSA and U.S. DOT.

The 150 air-mile exemptions, which are in the regulations at 395.1(e)(1) and (2), allow a driver to use a time record in place of a log, provided that certain conditions are met. While this is possibly the most widely used hours-of-service exemption, it may be the most commonly misused exemption, as well.

The National Highway Traffic Safety Administration (NHTSA) released early estimates of 2021 traffic fatalities and fatality rate. Although overall fatalities are projected to increase 10.5 percent over 2020, the fatality rate per 100 million vehicle miles traveled (VMT) dropped slightly from 1.34 to 1.33.

Fatalities resulting from a crash involving at least one large truck (commercial and non-commercial trucks with a GVWR of 10,000 pounds or more) are estimated to have increased 13 percent in 2021, as compared to 2020. Other significant findings include an estimated increase of 12 percent in driver fatalities (all vehicle types) and a 13 percent increase in pedestrian fatalities. These numbers are based on crashes that have been coded into NHTSA’s Fatality Analysis Reporting System (FARS) so far for 2021. The estimates may change as more cases are entered and as the 2020 fatality counts are finalized.

The NHTSA report can be viewed online at https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813298.

‘Tis the season for Ho Ho Ho and maybe, the HOliday’s impact on leave administration. This could be true for any holiday, depending on how many employees take time off. Employers might also wonder whether they have to issue holiday pay to employees on leave under the federal Family and Medical Leave Act (FMLA). The answers will depend upon some specifics.

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.

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.

The White House has directed the attorney general to speed up the process of reclassifying marijuana as a less dangerous drug.

An executive order signed December 18 brings new life to a process that began in 2024 when the federal government published a proposed rule that would move marijuana from schedule I of the Controlled Substances Act to schedule III, a lower-class drug category.

Hearings on the proposal were scheduled to begin in December 2024, but the process has been stalled in procedural limbo.

Not every student learns in the same way. Because of this, a single delivery method will not reach everyone in your training session. Varying your approach can have a positive effect on your students.

The following are some different delivery methods that can be used in your driver training sessions.

Employers sometimes get tripped up on how to calculate the 1,250 hours worked eligibility criterion when employees need leave under the Family and Medical Leave Act (FMLA).

Does working overtime count toward the 1,250?

Recently, someone asked if overtime hours counted toward the 1,250 hours worked requirement (it does).

All hours actually worked apply to the 1,250, whether overtime or regular time, even if the overtime is not mandatory.

The 1,250 hours is calculated in relation to when the leave will begin, not when the employee puts an employer on notice of the need for leave.

Whether an employee is allowed to work overtime, however, is generally up to company policy. As far as pay goes, remember, if the employee is nonexempt (“hourly”) and works any overtime (mandatory or voluntary) the employee must be paid time and one-half for all hours worked over 40 within the workweek.

More about FMLA leave requirements

To be eligible to take FMLA leave, employees must:

• Have worked at least 1,250 hours in the 12 months before leave is to begin,
• Have worked for their employer at least 12 months, and
• Work at a location with at least 50 company employees within 75 miles.

Whether an employee has worked the minimum 1,250 hours is calculated based on determining compensable hours or work under the Fair Labor Standards Act (FLSA).

Calculating the 1,250 hours worked

When it comes to figuring out if an employee has worked at least 1,250 hours, it can get tricky. As was mentioned above, all hours worked, regular and overtime, must be counted.

Hours not worked should not be counted. The “not worked hours” include such time off as vacation time, sick leave, paid or unpaid holidays, or any other time in which an employee isn’t actually working — which can include disability, bereavement, FMLA and other forms of leave.

Once an employee meets the three eligibility criteria, including the 1,250 hours worked, for a particular leave reason, the employee remains eligible for the duration of the 12-month leave year period.

If the employee needs leave for another, different reason, eligibility would be recalculated.

Key to remember: All hours worked must be included in the 1,250 hours criterion when determining whether an employee is eligible for FMLA leave. Hours that aren’t worked (like vacation) are not included.

Effective January 1, 2024, California employers with five or more employees will need to provide leave for another reason — reproductive loss. California is the second state to enact a law for this reason, following Illinois.

Employees are eligible to take the leave if they have worked for the employer for at least 30 days before leave begins. Employees may take up to five days, which can be intermittent, of reproductive loss leave.

What qualifies for leave?

Employees may take the leave for “a reproductive loss event,” which means the day, or for a multiple-day event, the final day of:

• A failed adoption (the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that isn’t finalized because another party contested it. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed).
• A failed surrogacy (the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy).
• A miscarriage (by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy).
• A stillbirth (resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth).
• An unsuccessful assisted reproduction (an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy).

What are the leave terms?

Signed into law on October 10, the law requires that employees take the leave within three months of the event, with some exceptions, and pursuant to any existing company leave policy.

If an employee experiences more than one reproductive loss event within a 12-month period, employers don’t have to grant a total amount of reproductive loss leave time in excess of 20 days within a 12-month period.

If employers don’t have an existing policy, the reproductive loss leave may be unpaid. Employees may, however, choose to use certain other leave balances otherwise available, including accrued and available paid sick leave.

Employers may not retaliate against employees for taking the leave, giving information about the leave, or making a formal statement regarding the leave.

Employers must maintain employee confidentiality relating to reproductive loss leave.

Key to remember: The state employee leave law trend continues, and for more diverse leave reasons. Employers with employees in California must be aware of this new leave law that is effective January 1, 2024.

Most employers know that OSHA requires chocking or similarly securing trailers for loading and unloading, but many also know about an exemption for commercial motor vehicles (CMVs). In short, that exemption is narrow and applies only to employers that are motor carriers.

Several OSHA regulations require using chocks or similar measures (such as dock locks) during loading or unloading operations. To avoid conflicts, federal OSHA created an agreement with the Federal Motor Carrier Safety Administration (FMCSA) for that agency to retain jurisdiction over CMVs. That means OSHA cannot (in theory) enforce chocking requirements on CMVs.

There is a catch to OSHA’s enforcement limitation, however. In fact, there are several issues that employers should know.

OSHA just posted its most frequently cited serious violations for general industry, maritime, and construction for fiscal year (FY) 2025. The agency highlights the violations in three slide presentations with 44 bar charts. You might call them a gold mine of data!

Five of the charts offer either the top 10 or top 5 lists for 29 CFR 1910, 1915, 1917, 1918, and 1926. The remaining charts examine the top 5 lists for each subpart of 29 CFR 1910 and 1926. Explore all 44 bar charts in the three presentations found here.

If death or serious physical harm can result from a work hazard and the employer knew or should have known the hazard exists, OSHA calls it a “serious” violation, as explained in section 666 of Title 29 of the U.S. Code.

OSHA can stick an employer with a $16,550 penalty for EACH serious violation. The thing is, on average, inspectors spot about three violations per visit. That could multiply to almost $50,000 after one visit! Knowing where your peers went wrong may help YOU prioritize your compliance efforts.

Note that the maximum penalty amount is specified at 29 CFR 1903.15. That maximum is expected to be adjusted each January! Why? OSHA is required by law to hike civil penalties annually for inflation.

Did you know that to prevent accidents and ensure worker safety, employers must proactively identify and address hazards in accordance with OSHA's Walking-Working Surfaces rule? From regular inspections to implementing fall protection measures, staying vigilant is crucial in maintaining a safe working environment.

Slips, trips, and falls account for most general industry workplace accidents, with nearly 700 of these accidents resulting in death each year. The U.S. Bureau of Labor Statistics reports that there were 450,540 days away from work due to slips, trips, and falls that were reported in 2021 – 2022. Slips, trips, and falls are preventable and following OSHA’s walking-working surfaces standards and safe work practices can ensure workers are protected from these types of injuries.

On November 26, the Mine Safety and Health Administration (MSHA) provided a status update indicating its intent to reconsider certain portions of its respirable crystalline silica rule due to ongoing litigation. No further details were provided. The rule, which took effect in June 2024, introduced significant changes aimed at protecting miners from the health risks associated with silica dust exposure.

The rule:

• Lowers the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air over an 8-hour time-weighted average (TWA),
• Increases silica sampling and enforcement at metal and nonmetal mines,
• Includes medical surveillance programs to provide regular health exams at no cost to miners, and
• Revises the standard for respiratory protection to reflect the latest advances in respiratory protection and practices.

While there have been several enforcement delays, the April 8, 2026, compliance date for metal and nonmetal mines remains unchanged.

OSHA issued seven new letters of interpretation (LOIs) on a variety of workplace topics. These letters help ensure the consistent application of federal workplace safety and health standards, and provide regulatory clarification to employers, workers, and safety professionals.

This year's LOIs address the following topics:

• Permit-required confined spaces;
• Enforcement stay of the COVID-19 recordkeeping and reporting requirements under 29 CFR 1910.502;
• Software used to generate equivalent OSHA Forms 300 and 300A;
• Engineering controls under the Benzene and 1,3-Butadiene standards;
• Requirements for powered industrial truck training program implementation;
• Audiometric testing of a worker who may have a cochlear implant; and
• Stair angle and tread depth requirements.

To review these LOIs, previous guidance, or to submit new LOI requests, visit OSHA’s LOI interpretation page.