Improve annual reviews by leaving these 7 things out

Improve annual reviews by leaving these 7 things out

2023-01-03T06:00:00Z

A 2021 survey of U.S. companies found that 63 percent of employers continue to utilize annual reviews as a performance management method. Yet 55 percent of employees say these yearly appraisals don’t improve their performance.

Making the most of performance reviews

How can a supervisor help ensure reviews taking place in your organization improve employee performance? Make sure those reviews do not contain these seven things:

New information. Nothing in a performance review should be a surprise to an employee. Supervisors should be in communication with employees regularly throughout the year making them aware of both problems and successes.
Bland words. Words like “nice” and “good” are not specific enough to be helpful. Use more descriptive words when writing reviews. For example, a manager might note an employee’s meticulous attention to detail, or that the employee requires minimal oversight.
Negative words from coworkers. While it’s fine to share positive comments from teammates if they specifically relate to an employee’s work, direct quotes of negative comments will only breed resentment between team members.
Comparisons with coworkers. As with negative comments from coworkers, comparisons with coworkers can cause friction on a team. Never pit team members against each other.
Problems without solutions. Pointing out errors, low sales figures, or other issues without suggesting how those problems can be remedied doesn’t do anyone any good.
Numbers without context. A statement like “Pam submitted 85 percent of her paperwork on time last quarter” may not mean much. Is 85 percent good? Is it bad? A more useful statement would be, “Pam surpassed the goal of submitting 70 percent of paperwork on time.”
Loose ends. Tie an employee’s individual accomplishments to the company’s mission and goals whenever possible. While not every employee’s day-to-day efforts can easily be tied to the company’s bottom line, it is possible to note behaviors that either add to or detract from the culture.

Key to remember: Annual performance reviews don’t have to be an exercise in futility. There are steps supervisors can take to help make sure the annual review is a tool to improve employee performance.

Making the most of performance reviews

How can a supervisor help ensure reviews taking place in your organization improve employee performance? Make sure those reviews do not contain these seven things:

New information. Nothing in a performance review should be a surprise to an employee. Supervisors should be in communication with employees regularly throughout the year making them aware of both problems and successes.
Bland words. Words like “nice” and “good” are not specific enough to be helpful. Use more descriptive words when writing reviews. For example, a manager might note an employee’s meticulous attention to detail, or that the employee requires minimal oversight.
Negative words from coworkers. While it’s fine to share positive comments from teammates if they specifically relate to an employee’s work, direct quotes of negative comments will only breed resentment between team members.
Comparisons with coworkers. As with negative comments from coworkers, comparisons with coworkers can cause friction on a team. Never pit team members against each other.
Problems without solutions. Pointing out errors, low sales figures, or other issues without suggesting how those problems can be remedied doesn’t do anyone any good.
Numbers without context. A statement like “Pam submitted 85 percent of her paperwork on time last quarter” may not mean much. Is 85 percent good? Is it bad? A more useful statement would be, “Pam surpassed the goal of submitting 70 percent of paperwork on time.”
Loose ends. Tie an employee’s individual accomplishments to the company’s mission and goals whenever possible. While not every employee’s day-to-day efforts can easily be tied to the company’s bottom line, it is possible to note behaviors that either add to or detract from the culture.

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Most Recent Highlights In Environmental

2026-06-24T05:00:00Z

EPA aligns EPCRA rules with OSHA’s HazCom amendments

The Environmental Protection Agency (EPA) published a final rule on June 22, 2026, conforming the hazardous chemical inventory reporting regulations under the Emergency Planning and Community Right-to-Know Act (EPCRA) to the Occupational Safety and Health Administration’s (OSHA’s) Hazardous Communication (HazCom) standard amendments of 2012 and 2024.

Who’s covered?

The final rule applies to facilities regulated under EPCRA Sections 311 and 312. These facilities are:

Required by OSHA’s HazCom standard to maintain Safety Data Sheets (SDSs) for hazardous chemicals on-site at or above the reporting threshold, and
Required by EPA’s EPCRA Section 312 rules (40 CFR Part 370) to submit annual hazardous chemical inventory reports (commonly known as Tier II reports) for the same chemicals by March 1.

Covered facilities submit SDSs and annual inventory reports to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department.

How does this impact facilities?

EPA’s final rule replaces the previous EPCRA hazard categories with OSHA’s GHS-aligned hazard classes and hazard categories (totaling 118), which are already used in SDSs. Facilities must use OSHA’s hazard classes with their categories for SDS submissions and hazardous chemical inventory reports required under EPCRA Sections 311 and 312.

Note: SDSs for substances already contain the updated hazard classes and hazard categories. SDSs for mixtures must incorporate them by November 2027.

What’s the compliance timeline?

Covered facilities must use the new hazard categories by January 1, 2028. EPA expects facilities to incorporate them into the reporting year 2027 Tier II report (due March 1, 2028).

Key to remember: EPA has aligned regulations under EPCRA Sections 311 and 312 with OSHA’s HazCom amendments for hazardous chemical reporting requirements.

2026-06-23T05:00:00Z

CSB mounts pressure on OSHA, EPA over deadly process safety gap

Sugar may seem pretty harmless. However, a deadly explosion at a Kentucky caramel coloring facility reveals how this assumption can lead to disaster. The Chemical Safety and Hazard Investigation Board (CSB) is again urging OSHA and EPA to address a gap in their chemical safety regulations.

The board is calling for them to tackle “reactive hazards.” These are the hazards CSB says triggered the tragedy. The familiar message has been repeated since 2002, but the alarm bells grow louder and more urgent now. These warnings are not just for OSHA and EPA. They are also for chemical plants and food ingredient manufacturers. Despite not being covered in the process safety and risk management standards, reactive hazards can and have led to catastrophe.

Runaway reaction

CSB determined that the explosion happened when a 2,500-gallon reactor experienced a runaway decomposition reaction. The reaction involved an “invert sugar” ingredient used to make caramel coloring. It rapidly increased the temperature and pressure. Then it overwhelmed the reactor’s emergency pressure relief system.

The reactor ruptured violently. Two workers died when the blast damaged a control room 40 feet from the reactor. Debris from the incident traveled as far as 400 feet beyond the facility fence line. It also caused approximately $40 million in damage.

CSB found that the reactor’s emergency pressure relief system would have needed to be about four times larger. This would have allowed it to safely relieve pressure generated during the runaway reaction.

Failure to recognize the hazard

CSB’s investigation found that the company did not understand the severe reactive hazards associated with the sugar ingredient. According to the board, this failure contributed to an undersized pressure relief system. It also created confusion on the day of the incident about the increasing pressure.

The report further states that the company’s lack of knowledge stemmed from:

An incomplete investigation of the ingredients’ reaction potential,
A lack of industry guidance on the safe manufacture of caramel coloring, and
No warning on the safety data sheet (SDS) of reaction hazards.

SDS lacked critical information

The board found that the SDS provided by the sugar manufacturer did not warn of its reactivity hazards. CSB concluded that safety information communicated in sugar ingredient SDSs can vary significantly among suppliers. The board noted that improved hazard information in SDSs can help prevent future sugar decomposition incidents. CSB is urging industry groups and suppliers who manufacture invert sugar or corn syrup to update their SDSs for decomposition hazards.

Known regulatory gap

The report emphasizes a gap in:

OSHA 29 CFR 1910.119, Process Safety Management of Highly Hazardous Chemicals (PSM); and
EPA 40 CFR 68, Chemical Accident Prevention Provisions, also known as the Risk Management Program (RMP).

That gap is a lack of coverage of facilities processing chemicals with reactive hazards that could have catastrophic consequences.

The Kentucky caramel coloring plant was not subject to PSM and RMP. Had the facility been required to implement either regulation, the reactor designers would have had a better opportunity to be aware of the sugar ingredients’ decomposition hazards, says CSB. The board argues that this may have resulted in a safer design of the emergency pressure relief system.

Repeated recommendations

Since 2002, CSB has reiterated its recommendations for OSHA and EPA to fill the regulatory gap. Neither agency has implemented those recommendations.

Over that same period, the board investigated 15 additional incidents involving reactive chemicals not covered by PSM and RMP. Those incidents resulted in 31 fatalities and hundreds of injuries.

CSB is not deterred

CSB again recommends that OSHA and EPA broaden the coverage of PSM and RMP, respectively, to achieve more comprehensive control of reactive hazards.

Both OSHA and EPA currently use chemical lists to identify the processes subject to coverage. However, CSB claims the two agencies did not adequately consider reactive chemical hazards when developing those chemical lists. As a result, many reactive chemicals are currently not covered.

Word for employers and safety professionals

The latest report highlights the need for:

Facilities to review not just the SDS for their chemicals but also additional sources of information about their reactive hazards.
Chemical plants and food manufacturers to address reactive hazards regardless of coverage under 1910.119 and Part 68. At a minimum, these facilities may already be required to meet OSHA’s General Duty Clause and EPA’s Clean Air Act General Duty Clause.

Key to remember

The latest CSB report taps OSHA and EPA to address reactivity hazards. It is also a wake-up call for facilities to understand their reactive chemical hazards. What’s more, the report calls on chemical and food ingredient manufacturers to revisit their SDSs regarding reactive hazards.

2026-06-18T05:00:00Z

Hazardous waste determinations in practice: Lessons from aerosols, residues, and empty containers

Hazardous waste determinations remain one of the most common sources of noncompliance under RCRA. The requirement is simple on paper. Generators must determine whether a material is a hazardous waste at the point of generation. In practice, facilities often struggle with how the rules apply to everyday situations. Aerosol cans, process residues, and empty containers are frequent gray areas that lead to inconsistent decisions, inspection findings, and, in some cases, enforcement.

At the core, the regulatory expectation is clear: generators must evaluate each waste to determine if it is listed or exhibits a characteristic of hazardous waste (40 CFR 262.11). That evaluation must be made when the waste is first generated and must be documented. The challenge is not the rule itself, but how it applies to materials that fall between operational categories – products, wastes, and residuals.

Aerosols: When a common waste becomes a compliance risk

Aerosol cans are widely used across industries for maintenance, coatings, and cleaning. Facilities often assume that once a can is “empty” or depressurized, it is no longer subject to hazardous waste rules. That assumption can be risky.

If an aerosol can contains a listed solvent or exhibits ignitability (D001), it is a hazardous waste unless managed under an exclusion or alternative standard. Since 2019, many aerosol cans can be managed as universal waste (40 CFR Part 273), which simplifies handling. However, this option introduces its own requirements, including labeling, accumulation time limits, and proper puncturing practices.

A common issue arises at puncturing stations. For example, a maintenance shop installs a puncturing device and begins draining leftover propellant and product into a drum. The cans themselves may now meet the empty container standard, but the collected liquid often remains hazardous waste. In several inspections, regulators have cited facilities not for the cans, but for failing to characterize the accumulated liquid or for allowing it to evaporate without proper controls.

The lesson is straightforward: shifting management methods (e.g., puncturing or using universal waste standards) does not eliminate the obligation to evaluate all resulting waste streams.

Residues: Small quantities, big implications

Residues are another frequent source of confusion. These can include paint booth sludge, tank bottoms, or material left in process equipment. Facilities sometimes view these materials as insignificant or assume they take on the classification of the original product. In reality, residues must be evaluated as newly generated wastes.

For example, a facility cleaning a parts washer may generate a sludge that contains spent solvent. Even if the waste solvent was originally a listed waste (e.g., F003 or F005), the generator must determine whether the residue is itself a listed waste or exhibits a characteristic. Missteps often occur when facilities rely on outdated Safety Data Sheets (SDSs) or assume that dilution or drying changes the classification.

Another scenario involves “letting residues dry out” in containers before disposal. While intended to reduce volume, this practice can be interpreted as treatment if it is done to change the waste’s characteristics (40 CFR 260.10 definition of treatment). For generators without a permit, this creates additional compliance risk.

The key takeaway is that residues are not an afterthought. They are distinct waste streams that require their own evaluation and, in some cases, can trigger more stringent requirements than expected.

Empty containers: A rule often misapplied

The empty container rule (40 CFR 261.7) is widely cited but frequently misunderstood. A container that held hazardous waste is considered empty if all wastes have been removed using common practices (e.g., pouring, pumping), and no more than one inch of residue remains (or 3% by weight for smaller containers).

In practice, facilities often overapply this rule. For example, a drum that held a listed solvent may be declared “empty” even though significant sludge remains at the bottom. Inspectors routinely check this by tipping containers or visually assessing residue. If the container does not meet the standard, it is still subject to full hazardous waste requirements.

Another common issue involves containers that held acute hazardous waste (P-listed). These have stricter emptying standards, including triple rinsing. Facilities that overlook this distinction can inadvertently manage regulated containers as non-hazardous scrap.

Importantly, even when a container meets the empty standard, any removed residue must still be evaluated as a waste. The container may be exempt, but the material removed from it is not.

Bringing it together in practice

Across these examples, a consistent pattern emerges: compliance issues arise when facilities rely on assumptions rather than applying the regulatory framework to each specific situation. Aerosols, residues, and empty containers all sit at the boundary between product use and waste management. That boundary is where most determination errors occur.

Facilities can reduce risk by standardizing evaluation procedures, training staff on common gray areas, and documenting determinations clearly. In inspections, regulators often focus less on the conclusion and more on whether the generator followed a defensible process under 40 CFR 262.11.

Key to remember: Every waste stream, no matter how small or routine, requires a fresh, documented determination at the point of generation. Management shortcuts do not replace regulatory obligations.

2026-06-15T05:00:00Z

Hazardous waste manifest S Codes: What storage and transfer facilities need to know

Have you cracked the “S Code” yet? Starting in 2027, facilities that receive regulated waste for temporary storage and disposal must use S Codes on hazardous waste manifests. If your facility hasn’t made the switch, now’s the time!

Under the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA) requires hazardous waste handlers to track shipments of regulated waste from the generating facility to final treatment, recycling, or disposal. Management Method Codes are key to hazardous waste manifests, and they also affect biennial reporting. The codes answer the vital question, “How’s the hazardous waste managed?"

Effective January 1, 2027, “S Codes” will officially replace Management MethodH141 for Storage and Transfer. EPA adopted these codes to improve the accuracy and transparency of waste tracking, specifically for wastes that travel through transfer facilities before final management. Use this overview to help your facility understand how to comply.

What are S Codes?

In January 2025, EPA added S Codes to the list of Management Method Codes, which identify the type of waste management system used to treat, recover, or dispose of a hazardous waste. Management Method Codes are used for:

The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.

S Codes apply to receiving facilities (primarily treatment, storage, and disposal facilities (TSDFs)) that temporarily store and then transfer regulated hazardous waste to another receiving facility without treating, recovering, or disposing of the waste. EPA established S Codes to provide more details than code H141 on waste handling activities, improving tracking and transparency. S Codes indicate two things:

A hazardous waste was received to be stored or transferred; and
The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).

EPA groups S Codes into three categories:

Transfer off-site for reclamation and recovery,
Transfer off-site for destruction or treatment prior to disposal, and
Transfer off-site for disposal.

Each S Code corresponds to a specific final management method. Examples include metals recovery (S010), chemical treatment (S070), and landfilling (S132).

What’s required?

On January 1, 2027, EPA will remove Management Method Code H141 for Storage and Transfer from the e-Manifest and the Biennial Report forms. As a result, hazardous waste handlers must use S Codes instead of code H141 on manifests and the Biennial Report.

S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:

Receiving facilities that store and transfer hazardous waste;
Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.

Hazardous waste manifests

The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:

Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).

Generators aren’t responsible for selecting or entering S Codes.

Biennial Reports

LQGs and TSDFs must use S Codes for the Biennial Report on the:

Waste Generation and Management (GM) Form in Item 3, and
Waste Received From Off-site (WR) Form in Item F.

LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.

TSDFs that receive hazardous waste for temporary storage and transfer off-site use S Codes on the WR Form. These TSDFs must also use Source Code G61 on the GM Form to report shipments of these transferred wastes.

How can facilities prepare?

Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:

Identify where your facility currently uses code H141.
Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
Train your employees accordingly.
Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.

Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of Management Method Code H141 on RCRA hazardous waste manifests and Biennial Reports.

2026-06-15T05:00:00Z

Hazardous waste manifest S Codes: What storage and transfer facilities need to know

Effective January 1, 2027, “S Codes” will officially replace code H141 for Storage and Transfer. EPA adopted these codes to improve the accuracy and transparency of waste tracking, specifically for wastes that travel through transfer facilities before final management. Use this overview to help your facility understand how to comply.

What are S Codes?

The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.

A hazardous waste was received to be stored or transferred; and
The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).

EPA groups S Codes into three categories:

Transfer off-site for reclamation and recovery,
Transfer off-site for destruction or treatment prior to disposal, and
Transfer off-site for disposal.

Each S Code corresponds to a specific final management method. Examples of these methods include metals recovery (S010), chemical treatment (S070), and landfilling (S132).

What’s required?

S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:

Receiving facilities that store and transfer hazardous waste;
Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.

Hazardous waste manifests

The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:

Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).

Generators aren’t responsible for selecting or entering S Codes.

Biennial Reports

LQGs and TSDFs must use S Codes for the Biennial Report on the:

Waste Generation and Management (GM) Form in Item 3, and
Waste Received From Off-site (WR) Form in Item F.

LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.

How can facilities prepare?

Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:

Identify where your facility currently uses code H141.
Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
Train your employees accordingly.
Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.

Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of code H141 on RCRA hazardous waste manifests and Biennial Reports.

Most Recent Highlights In Transportation

2026-06-15T05:00:00Z

Hazardous waste manifest S Codes: What storage and transfer facilities need to know

What are S Codes?

The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.

A hazardous waste was received to be stored or transferred; and
The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).

EPA groups S Codes into three categories:

Transfer off-site for reclamation and recovery,
Transfer off-site for destruction or treatment prior to disposal, and
Transfer off-site for disposal.

Each S Code corresponds to a specific final management method. Examples of these methods include metals recovery (S010), chemical treatment (S070), and landfilling (S132).

What’s required?

S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:

Receiving facilities that store and transfer hazardous waste;
Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.

Hazardous waste manifests

The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:

Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).

Generators aren’t responsible for selecting or entering S Codes.

Biennial Reports

LQGs and TSDFs must use S Codes for the Biennial Report on the:

Waste Generation and Management (GM) Form in Item 3, and
Waste Received From Off-site (WR) Form in Item F.

LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.

How can facilities prepare?

Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:

Identify where your facility currently uses code H141.
Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
Train your employees accordingly.
Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.

Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of Management Method Code H141 on RCRA hazardous waste manifests and Biennial Reports.

EHS Monthly Round Up - May 2026

In this May 2026 roundup video, we’ll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened over the past month.

The first compliance date for the revised HazCom standard took effect May 19. Employers who work with chemical substances that are aerosols, desensitized explosives, or flammable gases should start to see updated safety data sheets and labels. On a related note, OSHA revised its HazCom directive for inspectors. It instructs OSHA officers on how to conduct inspections and issue citations under the standard. However, it also provides chemical manufacturers, importers, distributors, and employers with insight into what officers will be assessing.

OSHA revoked a standard that prohibited open fires and fires in drums or similar containers in marine terminals. The agency stated that since this is no longer typical practice, removing the standard would lessen the compliance burden without compromising worker safety.

OSHA received the backing of an advisory committee as it advances a comprehensive Tree Care Operations proposal. During the Advisory Committee on Construction Safety and Health meeting, the group unanimously voted in favor of moving ahead. This clears the path for OSHA to publish its long-awaited proposal.

Turning to environmental news, EPA extended the submission date for the TSCA Section 8(d) Health and Safety Data Reporting Rule one-time report from May 22, 2026, to May 21, 2027.

EPA published the first round of expiring confidential business information claims for information submitted under TSCA. The list covers claims that expire from June 22 to July 31, 2026. Businesses must submit extension requests to keep the information protected.

EPA postponed the effective compliance date for trichloroethylene users with TSCA Section 6(g) exemptions until pending judicial review is concluded. The agency has yet to establish a new compliance date.

And finally, EPA revised HFC use restrictions for certain subsectors. This applies to entities that are subject to the 2023 Technology Transition Rule requirements. The agency also proposed a rule that would exempt transportation refrigeration units from leak repair requirements regardless of charge size.

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

EHS Monthly Round Up - February 2026

In this Februrary 2026 roundup video, we'll discuss the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened over the past month.

Fatal work injuries fell 4 percent in 2024, largely due to a decline in workplace drug- and alcohol-related overdoses. According to the Bureau of Labor Statistics, overdose fatalities fell from 512 in 2023 to 410 in 2024. Across all types of workplace incidents, there were 5,070 fatal work injuries in 2024, compared to 5,283 in 2023. Transportation incidents continue to be the most frequent type of fatal event, accounting for over 38 percent of all occupational fatalities in 2024.

OSHA is fast-tracking a proposal to remove the 2036 obligation to upgrade fall protection systems on fixed ladders that extend over 24 feet. This follows an industry petition from major chemical and petroleum industry groups, which argue the provision is unjustified, costly, and not supported by the rulemaking record. OSHA frames the upcoming proposed action as deregulatory, allowing employers to update fixed ladders at the end of their service lives. We’ll provide updates as more information becomes available.

As OSHA leans into “deregulatory” actions, lawmakers are moving to pressure the agency to issue “regulatory” rulemaking to protect American workers. The latest legislative wave of bills aims to fill regulatory gaps, tackle emerging hazards, expand OSHA authority, and raise penalties. Topics addressed by these bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence.

In a recently issued letter of interpretation, OSHA states that a burn injury caused by a personal lithium-ion battery fire is work related if it occurs in the workplace during assigned working hours. The letter details an incident where an employee was burned when their rechargeable lithium-ion batteries for e-cigarettes sparked a fire after coming into contact with a key used for work.

A new report from the Department of Labor Office of Inspector General concludes that OSHA struggles to meet its mission, particularly in high-risk industries like healthcare, construction, and manufacturing. Several pages point to OSHA’s difficulties in effectively enforcing annual injury and illness reporting requirements, reaching the nation’s high-risk worksites for inspection, and addressing workplace violence by regulatory or other action.

Turning to environmental news, EPA extended the deadlines for Facility Evaluation Reports and related requirements for coal combustion residuals facilities. In most instances, the deadlines have been moved one or two years out.

And finally, EPA announced a final rule eliminating the 2009 Endangerment Finding and related greenhouse gas emission requirements for on-highway vehicles and vehicle engines. When the final rule takes effect, manufacturers and importers of new motor vehicles and motor vehicle engines will no longer have to measure, report, certify, or comply with federal greenhouse gas emission standards.

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

EHS Monthly Round Up - March 2026

In this March 2026 roundup video, we'll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened over the past month.

OSHA released an updated Job Safety and Health poster. Employers can use either the revised version or the older one, but the poster must be displayed in a conspicuous place where workers can easily see it.

OSHA recently removed a link from its Data topic webpage that displayed a list of “high-penalty cases” at or over $40,000 since 2015. The agency says it discontinued and removed it in December. The data is frozen and archived elsewhere.

OSHA published two new resources as part of its newly launched Safety Champions Program. The fact sheet provides an overview of how the program works, eligibility criteria, and key benefits. The step-by-step guide helps businesses navigate the core elements of OSHA’s Recommended Practices for Safety and Health Programs.

Several forces are nudging OSHA to address a number of workplace hazards and high-hazard industries. This comes from other agencies, safety organizations, watchdogs, legislative proposals, and persistent injury/fatality data. Among the hazards are combustible dust; first aid; personal protective equipment; and workplace violence. How all this translates into new regulations, guidance, programmed inspections, or other initiatives remains to be seen.

Turning to environmental news, EPA issued a proposed rule to require waste handlers to use electronic manifests to track all RCRA hazardous waste shipments. Stakeholders have until May 4 to comment on the proposal.

On March 10, EPA finalized stronger emission limits for new and existing large municipal waste combustors and made other changes to related standards.

And finally, EPA temporarily extended coverage under the 2021 Multi-Sector General Permit for industrial stormwater discharges until the agency issues a new general permit. The permit expired February 28 and remains in effect for facilities previously covered. EPA won’t take enforcement action against new facilities for unpermitted stormwater discharges if the facilities meet specific conditions.

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

EHS Monthly Round Up - April 2026

In this April 2026 roundup video, we’ll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened over the past month.

OSHA revised its National Emphasis Program on heat-related hazards. Going forward, the agency will prioritize inspections in 55 high-risk industries in indoor and outdoor work settings. The program remains in effect for 5 years from its April 10 effective date.

An OSHA proposed rule seeks to eliminate the November 18, 2036, deadline in the Walking-Working Surfaces standard that would require all fixed ladders extending more than 24 feet above a lower level to be equipped with personal fall arrest systems or ladder safety systems. OSHA also seeks feedback on nine specific questions related to the proposal, with comments due on June 5.

On April 17, OSHA revoked its House Falls in Marine Terminals standard at 1917.41. The agency said that because most cargo has been containerized and is moved by cranes, the standard is no longer necessary to protect employees.

Turning to environmental news, an EPA final rule further delays the submission period for the one-time PFAS report required of manufacturers. It pushes the start of the submission period to either 60 days after the effective date of a future final rule updating the PFAS Reporting Rule or January 31, 2027, whichever comes first.

An EPA final rule makes technical changes to the emission standards established in March 2024 for crude oil and natural gas facilities. The changes take effect June 8.

EPA published the draft 6th Contaminant Candidate List for the next group of contaminants to be considered for regulation under the Safe Drinking Water Act. The proposed list designates microplastics and pharmaceuticals as priority contaminant groups for the first time.

And finally, EPA plans to make significant changes to coal combustion residuals requirements. A proposed rule published April 13 would revise the regulations governing the disposal of coal combustion residuals in landfills and surface impoundments, as well as the beneficial use of coal combustion residuals.

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

Most Recent Highlights In Safety & Health

EHS Monthly Round Up - January 2026

In this January 2026 roundup video, we'll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened over the past month.

Chemical manufacturers, importers, distributors, and employers will have an extra four months to comply with the provisions of OSHA’s revised Hazard Communication standard. When the rule was revised in 2024, it contained staggered compliance dates for those who classify or use chemical substances and mixtures. The first compliance date is now May 19 rather than January 19 of 2026.

On January 8, OSHA issued further technical corrections to its Hazard Communication final rule. An initial set of corrections was published in October 2024, and OSHA continued to review the standard for errors. The agency said these corrections should reduce confusion during the chemical classification process and prevent errors on labels and safety data sheets.

In 2024, private industry employers reported 2.5 million nonfatal workplace injuries and illnesses, according to the Bureau of Labor Statistics. This is down 3.1 percent from 2023 and largely due to a decrease in respiratory illnesses. The greatest number of cases involving days away from work, job restriction, or transfer were caused by overexertion, repetitive motion, and bodily conditions, followed by contact incidents.

Registration is open for OSHA’s Safety Champions Program, which is designed to help employers develop and implement effective safety and health programs. Participants can work at their own pace through Introductory, Intermediate, and Advanced levels.

Turning to environmental news, on January 9, EPA withdrew its direct final rule on SDS/Tier II reporting tied to OSHA HazCom, before it had a chance to take effect. The direct final rule was published back on November 17, 2025, and was intended to relax the Tier II and safety data sheet reporting requirements and align with OSHA’s HazCom standard. EPA said it plans to write a new rule addressing all public comments.

And finally, EPA published a final rule that changes certain requirements for wastewater discharges from coal-fired steam electric power plants. It applies to the deadlines established by the preceding rule finalized in 2024.

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

2026-06-05T05:00:00Z

Agency offers electronic submission of PCB annual reports

The Environmental Protection Agency (EPA) now allows facilities to submit polychlorinated biphenyl (PCB) annual reports electronically through the agency’s Resource Conservation and Recovery Act (RCRA) Info System (RCRAInfo). Facilities may submit reports electronically starting with the upcoming annual report due by July 15, 2026.

Who’s impacted?

EPA’s electronic reporting option applies to PCB commercial storage facilities and PCB disposal facilities (including those that dispose of their own waste and don’t receive or generate manifests) that are:

Required to submit the PCB Annual Report Form (PCB Annual Report) per 40 CFR 761.180(b)(3), and
Have a RCRA-issued EPA identification (ID) number.

RCRAInfo doesn’t currently support submissions from PCB facilities with EPA ID numbers issued under the Toxic Substances Control Act (TSCA), but the agency plans to update the system to allow such submissions in the future. Until then, PCB facilities with TSCA-issued EPA IDs must continue submitting the annual report by mail and email.

What are the changes?

Qualifying PCB facilities may now submit the PCB Annual Report (EPA Form 6200-025):

Electronically through RCRAInfo, or
By mail and email.

Electronic submissions

Facilities must establish a RCRAInfo Industry Application account to submit PCB Annual Reports electronically. RCRAInfo offers an in-depth user guide for registering as an industry user.

Mail and email

Facilities that submit paper reports must:

Mail the printed form and any attachments to EPA, and
Email an electronic copy of the form and any attachments to EPA.

Key to remember: PCB commercial storage and disposal facilities with RCRA-issued EPA ID numbers now have the option to submit the PCB Annual Report electronically.

2026-06-05T05:00:00Z

Agency offers electronic submission of PCB annual reports

Who’s impacted?

Required to submit the PCB Annual Report Form (PCB Annual Report) per 40 CFR 761.180(b)(3), and
Have a RCRA-issued EPA identification (ID) number.

What are the changes?

Qualifying PCB facilities may now submit the PCB Annual Report (EPA Form 6200-025):

Electronically through RCRAInfo, or
By mail and email.

Electronic submissions

Facilities must establish a RCRAInfo Industry Application account to submit PCB Annual Reports electronically. RCRAInfo offers an in-depth user guide for registering as an industry user.

Mail and email

Facilities that submit paper reports must:

Mail the printed form and any attachments to EPA, and
Email an electronic copy of the form and any attachments to EPA.

Key to remember: PCB commercial storage and disposal facilities with RCRA-issued EPA ID numbers now have the option to submit the PCB Annual Report electronically.

2026-06-03T05:00:00Z

EPA adds new HAPs to hazardous waste combustor requirements

The Environmental Protection Agency (EPA) finalized the residual risk and technology review of the National Emission Standards for Hazardous Air Pollutants (NESHAP) from Hazardous Waste Combustors (HWCs). Most significantly, the final rule:

Maintains the existing standards;
Adds requirements for previously unregulated hazardous air pollutants from specific major source HWCs; and
Establishes work practice standards for periods of startup, shutdown, and malfunction (SSM).

Who’s impacted?

EPA’s final rule applies to major sources subject to the HWC NESHAP at 40 CFR 63 Subpart EEE, including:

Hazardous waste-burning incinerators,
Cement kilns,
Lightweight aggregate kilns,
Solid fuel-fired boilers,
Liquid fuel-fired boilers, and
Hydrochloric acid production furnaces.

What are the changes?

The final rule adds hydrogen fluoride (HF) and hydrogen cyanide (HCN) emission standards for specific sources:

Major source HWC	New regulation(s)
Incinerators	Work practice standard for HF (3 options)
Cement kilns	Emission limits for HCN
Solid fuel boilers	Emission limits for HF and HCN
Liquid fuel boilers	Work practice standard for HF (3 options) (all liquid fuel boilers) Emission limits for HCN (liquid fuel boilers with capacities > 50 million British thermal units per hour (MMBTU/hr))

The final rule also:

Establishes work practice standards for periods of SSM;
Requires electronic reporting for specific reports (e.g., compliance progress reports, performance tests, Notifications of Compliance); and
Makes technical changes.

What’s the compliance timeline?

Existing HWCs must:

Develop, submit to the regulatory authority for approval, and implement SSM plans and start complying with SSM requirements by November 30, 2026;
Comply with any applicable HF and HCN emission limits and work practice standards by June 3, 2029; and
Begin electronic reporting by August 3, 2026.

New HWCs must comply upon startup.

Key to remember: EPA's final rule maintains the existing NESHAP regulations for hazardous waste combustors and establishes emission limits and work practice standards for previously unregulated HAPs.

2026-06-03T05:00:00Z

Colorado finalizes emission regulations for priority toxic air contaminants

Effective date: June 14, 2026

This applies to: New, modified, and existing stationary sources of priority toxic air contaminants (PTACs)

Description of change: The Colorado Air Quality Control Commission adopted state-level emission control requirements for PTACs. The rules apply to specific source categories of stationary sources that emit one or more PTAC, including benzene, hexavalent chromium, ethylene oxide (EtO), formaldehyde, and hydrogen sulfide. The commission revised Regulation Numbers 24, 26, and 30.

Regulated sources must reduce emissions by implementing new technologies, adjusting work practices, and using fewer toxic materials. The revisions add regulations for emissions of:

Benzene from petroleum refineries,
Formaldehyde from stationary spark-ignition reciprocating internal combustion engines and combustion turbines,
Hexavalent chromium from decorative and functional chrome plating,
EtO from sterilization facilities, and
Hydrogen sulfide from asphalt processing products, roofing products, and manure digesters.

Various requirements for different PTACs and sources start on June 14, 2026.

Related state info: Clean air operating permits state comparison

Most Recent Highlights In Human Resources

2026-06-03T05:00:00Z

Maryland adopts regulations for packaging and paper products

Effective date: May 25, 2026

This applies to: Producers of packaging and paper products (covered materials)

Description of change: Maryland’s Department of the Environment adopted regulations to implement the Packaging and Paper Products — Producer Responsibility Plans Act under the department’s Extended Producer Responsibility program.

The rules establish requirements for producers of covered materials to submit producer responsibility plans and comply with other requirements, such as:

Annual registration of covered materials,
Recordkeeping, and
Reporting.

Producers of covered materials must:

Pay fees;
Either:
- Join a Producer Responsibility Organization (PRO) Producer Responsibility Plan;
- Have an approved Individual Producer Responsibility Plan (IPP); or
- Have an approved IPP for a specific covered material and join a PRO plan for other covered materials;
Register annually with the PRO or department;
Submit reports to the PRO or department; and
Comply with recordkeeping requirements.

2026-06-03T05:00:00Z

Michigan adds requirements to wastewater collection systems

Effective date: April 29, 2026

This applies to: Wastewater collection systems with more than 50 connections and retention treatment basin (RTB) facilities

Description of change: The Michigan Department of Environment, Great Lakes, and Energy amended regulations for wastewater collection systems and RTB facilities by requiring:

Facility classification, and
Collection system operators to have system-specific certification (and recertify every 3 years).

The rules also streamline wastewater construction permitting, clarifying requirements for privately owned, publicly used systems when applying for Part 41 Permits.

Related state info: Industrial water permitting — Michigan

2026-06-03T05:00:00Z

Florida amends on-site sewage treatment and disposal rules

Effective date: June 8, 2026

This applies to: On-site sewage treatment and disposal systems (OSTDS)

Description of change: The Florida Department of Environmental Protection amended the regulatory requirements for OSTDS. In addition to streamlining specific permit application processing procedures, the final rule amends the requirements for:

Installing and locating OSTDS,
Abandoning OSTDS,
Treatment receptacle construction standards,
Registration requirements for septic tanks and Master Septic Tank Contractors,
Registration certificate renewals,
Discipline and penalties for registered persons,
Certification of partnerships and corporations as septic tank contracting businesses, and
Service and registration fees.

Related state info: Industrial water permitting — Florida

2026-06-03T05:00:00Z

EPA adds new HAPs to hazardous waste combustor requirements

Maintains the existing standards;
Adds requirements for previously unregulated hazardous air pollutants from specific major source HWCs; and
Establishes work practice standards for periods of startup, shutdown, and malfunction (SSM).

Who’s impacted?

EPA’s final rule applies to major sources subject to the HWC NESHAP at 40 CFR 63 Subpart EEE, including:

Hazardous waste-burning incinerators,
Cement kilns,
Lightweight aggregate kilns,
Solid fuel-fired boilers,
Liquid fuel-fired boilers, and
Hydrochloric acid production furnaces.

What are the changes?

The final rule adds hydrogen fluoride (HF) and hydrogen cyanide (HCN) emission standards for specific sources:

Major source HWC	New regulation(s)
Incinerators	Work practice standard for HF (3 options)
Cement kilns	Emission limits for HCN
Solid fuel boilers	Emission limits for HF and HCN
Liquid fuel boilers	Work practice standard for HF (3 options) (all liquid fuel boilers) Emission limits for HCN (liquid fuel boilers with capacities > 50 million British thermal units per hour (MMBTU/hr))

The final rule also:

Establishes work practice standards for periods of SSM;
Requires electronic reporting for specific reports (e.g., compliance progress reports, performance tests, Notifications of Compliance); and
Makes technical changes.

What’s the compliance timeline?

Existing HWCs must:

Develop, submit to the regulatory authority for approval, and implement SSM plans and start complying with SSM requirements by November 30, 2026;
Comply with any applicable HF and HCN emission limits and work practice standards by June 3, 2029; and
Begin electronic reporting by August 3, 2026.

New HWCs must comply upon startup.

2026-06-01T05:00:00Z

EPA restores emergency-related affirmative defense provisions for Title V operating permits

In response to a court mandate, the Environmental Protection Agency (EPA) has rescinded a 2023 final rule that removed emergency-related affirmative defense provisions from the Title V operating permit regulations (the 2023 Affirmative Defense Rule) under the Clean Air Act.

The final rule (published on June 1, 2026) reinstates the emergency-related affirmative defense provisions for state and federal Title V operating permit programs (at 40 CFR 70.6(g) and 71.6(g), respectively).

Who’s impacted?

EPA’s final rule affects stationary sources subject to Title V operating permit requirements.

What does this mean?

The emergency-related affirmative defense provisions establish a framework for regulated facilities to assert an affirmative defense in enforcement proceedings for violations of technology-based emission limits caused by sudden, unavoidable emergencies, provided certain conditions are met.

To rely on the emergency-related affirmative defense, stationary sources must demonstrate that:

A qualifying emergency occurred,
The facility was being properly operated,
The facility took all reasonable actions to limit excess emissions, and
The facility properly notified the permitting authority.

EPA’s demonstration requirements are listed at 70.6(g)(3)/71.6(g)(3).

What affirmative defense covers

An “emergency,” as defined by 70.6(g)(1)/71.6(g)(1), generally refers to a sudden, unforeseeable event beyond the facility’s control that causes noncompliance with technology-based emission limits established in its Title V operating permit.

What affirmative defense doesn’t cover

The provisions don’t apply to noncompliance due to:

Improperly designed equipment,
Lack of preventive maintenance,
Careless or improper operation, or
Operator error.

Key to remember: EPA has restored the emergency-related affirmative defense provisions for Title V operating permits, allowing stationary sources to assert a regulatory affirmative defense for certain emission violations caused by events beyond the facility’s control.

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2025-12-05T06:00:00Z

EPA’s 2026 regulatory shift: How environmental managers can stay ahead

The clock is ticking for environmental teams. By 2026, several new EPA regulations will reshape compliance obligations for U.S. companies. Organizations that act now will avoid costly penalties and operational disruptions.

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.

2022-10-26T05:00:00Z

CDC and EPA offer guidance on MERV rating for air filters

Indoor air quality took a front seat during the pandemic and the need to filter COVID-19-containing particles from the air became paramount. A Minimum Efficiency Reporting Value (MERV) rating between 9 and 12 is considered a generally good filter for commercial spaces wanting a higher level of indoor air quality. The CDC and EPA recommend filters with a MERV rating of 13 or higher to trap smaller particles, including viruses.

Air filters are rated on their effectiveness through the MERV system, which is a filter’s ability to capture larger particles between 0.3 and 10 microns (µm). This value is helpful in comparing the performance of different filters. The rating is derived from a test method developed by the American Society of Heating, Refrigerating, and Air Conditioning Engineers. The higher the MERV rating the better the filter is at trapping specific types of particles.

MERV Rating	Average Particle Size Efficiency in Microns
1 - 7	3.0 - 10.0
8 - 10	1.0 - 3.0
11 - 16	0.3 - 1.0

In general, increasing ventilation and filtration is usually appropriate when improving indoor air quality; however, due to the complexity and diversity of building types, sizes, construction styles, HVAC system components, and other building features, one should use caution when selecting a filter solely based on the MERV rating. Even if the filter fits, your system may not be designed to support that specific filter and it could actually impair system performance.

Higher MERV rated filters are typically designed for environments where air quality is critical, such as hospital laboratories and surgery centers. HVAC systems in these environments are designed to operate with these filters in place due to the extra energy required. A higher-rated filter used in the wrong environment can create resistance to air flow, which can lower efficiency, impair indoor air quality, and put a strain on the inner workings of the system.

If your system does not allow higher-rated filters, there are additional tools you can implement to improve indoor ventilation. Keep in mind, while these strategies can help reduce particle concentration, not all interventions will work in all scenarios, and caution should be taken in highly polluted areas. The following tools identify ways to improve ventilation:

Increasing the introduction of outdoor air by opening outdoor air dampers, windows, and doors;
Using fans to increase the effectiveness of open windows;
Rebalancing or adjusting HVAC systems to increase total airflow to occupied spaces;
Turning off any demand-controlled ventilation controls that reduce air supply based on occupancy or temperature during occupied hours;
Ensuring restroom exhaust fans are functional and operating;
Using portable high-efficiency particulate air (HEPA) fan/filtrations systems; and
Running the HVAC system at maximum outside airflow for 2 hours before and after the building is occupied.

Key to remember: Air filters with a higher MERV rating are more effective at improving indoor air quality.

2026-01-28T06:00:00Z

Dust collector to disposal: Understanding dust as a waste stream

When the topic of dust is brought up, the conversation usually starts and ends with worker exposure. How much is in the air? Is ventilation adequate? Are employees protected? Once that dust has been captured and removed from the process, the critical question shifts: how should this material be classified and disposed of? That’s where many facilities run into trouble. Collected dust may no longer be floating in the air, but it hasn’t stopped being regulated. In fact, once it’s captured, dust often enters a much more complicated regulatory world.

When captured dust becomes a regulated waste

Under EPA regulations, most collected dust qualifies as a solid waste once it’s removed from a dust collector, hopper, or filter. And despite the name, “solid waste” doesn’t mean solid, benign, or harmless. It simply means a discarded material. At that point, facilities are expected to determine whether the dust is hazardous or non-hazardous under the Resource Conservation and Recovery Act (RCRA). This determination is based on what the dust contains, not how dusty it looks or how long it has been managed that way. Dust generated from metalworking, surface coatings, chemical processing, plastics, or specialty manufacturing can contain regulated constituents such as heavy metals or chemical residues. In these cases, facilities are required to make a waste determination using process knowledge, testing, or a combination of both. This step is often overlooked. Many companies assume that if dust has not caused problems in the past, it must be non-hazardous. Unfortunately, regulators do not accept assumptions as documentation. If there’s no clear waste determination on file, that alone can be cited during an inspection. Misclassifying dust can also have ripple effects. If collected dust is later found to be hazardous, the facility may face issues related to improper disposal, incorrect generator status, or even cleanup liability at the disposal site. What began as a routine housekeeping task can suddenly become a significant compliance issue.

Storage, Disposal, and the Risks of Getting It Wrong

Even when dust is correctly identified as non-hazardous, it still needs to be managed properly. Open containers, poor labeling, and inconsistent handling practices are common findings during inspections. These issues are often viewed as minor, but they can quickly escalate if dust is released, mixed with other waste streams, or stored improperly. Recycling adds another layer of complexity. Many facilities recycle metal dusts or other recoverable materials, which can be a smart environmental and economic decision. However, recyclable does not mean unregulated. Dust being recycled still needs to be stored safely, managed to prevent releases, and documented as legitimate recycling. Without proper controls, regulators may view the material as improperly managed waste. Outdoor storage creates additional risk. Dust stored outside, transferred outdoors, or tracked out of the building can easily become a stormwater concern. Even non-hazardous dust can be considered a pollutant if it migrates off-site during rain events. This is a frequent source of violations under stormwater permits and Stormwater Pollution Prevention Plans (SWPPP), especially when dust management isn’t addressed in the plan. Another common issue is mixing dust with general trash or other waste streams. Once mixed, otherwise manageable dust can become more difficult or impossible to classify correctly. This can complicate disposal, increase costs, and raise questions during audits or inspections. What makes dust especially challenging is that responsibility for it often falls into a gray area. Safety teams may assume environmental is managing disposal. Environmental teams may assume safety has already classified the material. When no one clearly owns the waste determination and disposal process, gaps are almost guaranteed. The most effective facilities treat dust as a waste stream that deserves the same attention as any other regulated material. They document waste determinations, define storage and labeling requirements, train employees on proper handling, and periodically revisit those determinations as processes change.

Keys to remember: Captured dust doesn’t stop being regulated once it leaves the air. Understanding whether collected dust is hazardous or non-hazardous, how it must be stored, and where it can legally go is essential to staying compliant.

2026-06-15T05:00:00Z

Hazardous waste manifest S Codes: What storage and transfer facilities need to know

What are S Codes?

The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.

A hazardous waste was received to be stored or transferred; and
The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).

EPA groups S Codes into three categories:

Transfer off-site for reclamation and recovery,
Transfer off-site for destruction or treatment prior to disposal, and
Transfer off-site for disposal.

Each S Code corresponds to a specific final management method. Examples of these methods include metals recovery (S010), chemical treatment (S070), and landfilling (S132).

What’s required?

S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:

Receiving facilities that store and transfer hazardous waste;
Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.

Hazardous waste manifests

The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:

Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).

Generators aren’t responsible for selecting or entering S Codes.

Biennial Reports

LQGs and TSDFs must use S Codes for the Biennial Report on the:

Waste Generation and Management (GM) Form in Item 3, and
Waste Received From Off-site (WR) Form in Item F.

LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.

How can facilities prepare?

Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:

Identify where your facility currently uses code H141.
Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
Train your employees accordingly.
Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.

Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of code H141 on RCRA hazardous waste manifests and Biennial Reports.

2023-08-30T05:00:00Z

EPA announces new e-manifest fees for FY2024-25

Receiving facilities will experience higher charges for scanned images within the e-Manifest system during fiscal years 2024 and 2025. These updated rates aim to boost a complete transition to electronic submissions. The Environmental Protection Agency (EPA) creates these charges based on the method of manifest submission and the combined processing expenses for each manifest category. It is unsurprising that fully electronic and hybrid manifests come with notably lower costs.

The latest fees For fiscal years 2024 and 2025 (October 1, 2023, through September 30, 2025), the new user fees are as follows:

$22.00 for uploading scanned images (formerly $20.00)
$10.00 for uploading data and images (formerly $13.00)
$6.00 for fully electronic and hybrid submissions (unchanged from $6.00)

The application of user charges also aligns with the broader trend of digitization and modernization in regulatory procedures. By transitioning from paper-based manifest systems to digital platforms, the e-Manifest system trims administrative burdens, reduces the risk of errors, and expedites information flow. These user fees provide the resources to maintain and improve these digital capabilities. It benefits waste management stakeholders by streamlining reporting obligations and enhancing overall efficiency.

More on the user fees for the e-manifest system and amendments to manifest regulations

The Hazardous Waste Electronic Manifest Establishment Act (e-Manifest Act) itself does not determine e-Manifest user fees; rather, it grants EPA the authority to establish user fees through regulations. The Final User Fee rule addresses the following key aspects:

Which users of manifests or manifest data will be charged user? User fees are not directly charged to generators or transporters. Instead, EPA enforces charges on receiving facilities for each submitted manifest. However, it is likely that increased costs will have a ripple effect across the industry.
What transactions or services will give rise to fee? The submission of the final copy of each manifest to the system by receiving facilities triggers the user fee requirement. The fee depends on the type of manifest submission. Receiving facilities will also incur charges for manifests involving rejected wastes that are being sent back from the facility to the generator.
How will users be billed for e-Manifest services and make their fee payments? Receiving facilities will receive a monthly electronic invoice detailing their manifest activity from the previous month. Each facility will be directed to the Treasury’s Pay.gov website to make their payments.
What model or formula will EPA rely upon for the determination of users’ fees? The final rule’s fee calculation relies heavily on the total program-related costs incurred by EPA and the number of manifests over which these costs are distributed. When adjusting user fee schedules, EPA will reapply its fee formula using the most up-to-date data on program costs and manifest counts. The final rule also incorporates fee adjustment factors to account for inflation and revenue losses resulting from inaccurate estimates of manifests in use.
How will the rule address fee schedule revisions? Revisions to user fees will not require a new rulemaking. EPA will re-run the fee formula at two-year intervals, with the most recent program cost and manifest usage numbers being used in running the fee formula to calculate the fees for each manifest submission type. The result will be a fee schedule that announces the fees for each of the next two fiscal years.

For more information see our EzExplanation on Hazardous waste manifests

Key to remember: Receiving facilities will see increased user fees for scanned images in the e-Manifest system for fiscal years 2024 and 2025. Using fully electronic waste manifests will cost significantly less.

2025-03-03T06:00:00Z

Used oil disposal: How to stay compliant with EPA, OSHA, and your state

Used oil disposal is a critical issue for safety managers and shop supervisors in industrial settings. Whether your facility generates used oil from machinery, vehicles, or hydraulic systems, you must understand the regulatory requirements to ensure compliance and avoid hefty fines.

Used oil is not always considered hazardous waste, but improper handling, storage, or disposal can lead to regulatory violations and environmental hazards. Understanding how used oil is classified, when it is considered hazardous, and how to manage it in compliance with 40 CFR Part 279 is essential.

Let’s uncover the regulatory framework for used oil disposal, including storage requirements, transportation rules, and best practices to ensure compliance at both the federal and state levels.

What is used oil?

The EPA defines used oil as any petroleum-based or synthetic oil that has been used and is contaminated by physical or chemical impurities. Common sources of used oil in industrial operations include:

Motor oil and lubricants from vehicle maintenance
Hydraulic fluids used in heavy machinery
Metalworking fluids and coolants
Compressor oils used in air compression systems

According to EPA regulations (40 CFR Part 279), used oil is presumed to be managed under the less stringent used oil management standards unless it meets hazardous waste criteria.

Used oil becomes hazardous waste if:

It is mixed with hazardous waste (e.g., solvents or heavy metals)
It contains more than 1,000 parts per million (ppm) of total halogens, unless proven otherwise, or
It is disposed of improperly, leading to environmental contamination.

If used oil is classified as hazardous waste, it must be managed in accordance with the applicable solid and hazardous waste requirements.

EPA requirements for used oil disposal

The EPA requirements for used oil consist of three different aspects, as outlined below.

1. Storage Requirements

Use leak-proof tanks and containers made of durable, non-earthen materials (e.g., steel, plastic, or concrete). Label all used oil containers with the words "Used Oil" to prevent misidentification. Prevent leaks and spills by using secondary containment systems and regularly inspecting tanks. Never mix used oil with hazardous waste unless authorized.

2. Transportation and Disposal

Used oil generators may transport up to 55 gallons of used oil to a registered collection center without an EPA ID number. If contracting a used oil transporter, ensure they have an EPA Identification Number.

Used oil must be:

Recycled or re-refined into new oil.
Burned for energy recovery in approved furnaces or boilers.
Disposed of at an authorized hazardous waste facility if deemed hazardous.

3. Spill Prevention and Cleanup

Facilities storing large amounts of used oil must have a Spill Prevention, Control, and Countermeasure (SPCC) Plan. SPCC plans establish procedures, methods, and equipment requirements to prevent oil from reaching waterways, and to contain discharges of oil.

Any spills must be cleaned up immediately, and absorbent materials must be disposed of properly. Rags and shop towels contaminated with hazardous materials may be classified as hazardous waste.

OSHA regulations for handling used oil

While the EPA focuses on environmental compliance, OSHA (29 CFR Part 1910) regulates worker safety when handling used oil. Key OSHA requirements include:

1. Personal Protective Equipment (PPE)

Workers handling used oil must wear gloves and protective clothing to prevent skin exposure. Safety goggles or face shields are also important to avoid eye contact.

2. Hazard communication (HazCom) program

Employers must label all used oil containers with appropriate hazard information and train employees on safe handling procedures and emergency response.

3. Fire and Explosion Safety

Always store used oil away from ignition sources to prevent fire hazards. Ensure storage areas are ventilated to avoid vapor buildup.

State-Specific used oil disposal regulations

Many states have stricter used oil regulations than federal laws. For example:

California classifies used oil as hazardous waste unless it meets specific recycling criteria.
Texas requires additional storage permits for large generators.
New York mandates annual reporting on used oil disposal activities.

To ensure compliance, check with your state’s environmental agency for state-specific used oil disposal rules and whether used oil is considered hazardous. Additional permits for transporting or processing used oil may be necessary.

Staying compliant with used oil disposal requirements

Ensuring compliance with EPA, OSHA, and state laws is essential for safety managers and shop supervisors handling used oil. By following proper storage, transportation, and disposal practices, businesses can reduce environmental risks, improve workplace safety, and avoid costly fines.

Key to remember: By staying informed and proactive, your facility can maintain safe, sustainable, and compliant used oil management practices.

Most Popular Highlights In Transportation

2026-06-12T05:00:00Z

Expert Insights: Motus — FMCSA's forward momentum

The Federal Motor Carrier Safety Administration (FMCSA) has rolled out the first phase 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, which is Latin for movement/motion, represents a significant shift from the current systems and will involve 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.

Troubleshooting Motus issues

Many carriers are running into obstacles when registering for Motus. The most frequent issue is not being able to claim DOT numbers, and the most common reason for this is that the carrier didn’t update its information before the deadline.

For example, only the company official can claim your USDOT number. This means that if your company official left earlier this year and you didn’t update this information in your portal, then you won’t be able to claim your USDOT number.

If you’re struggling to get your Motus account set up or claim your USDOT number, you must contact FMCSA at 800-832-5660. FMCSA will only work directly with the motor carrier at this point. Once you have set up your account, you can then grant permissions to other individuals — both within and outside of your organization.

Motus watchouts

Motus gives you more control over your registration, but it also puts more responsibility on you. For example, Motus has simplified applying for operating authority, but knowing which authority your company needs remains unclear. Obtaining the incorrect authority type can be costly, and making mistakes on your application can lead to long delays.

Without the correct authority in place, you may run into:

A delay in approval, which would lead to a delay in beginning operations.
Additional application fees, as you may need to reapply.
Compliance issues, which could lead to expensive fees, audits, or even being placed out of service.

Key to remember: FMCSA has rolled out the first phase of Motus, which aims to streamline and simplify compliance, but it also comes with a few additional challenges for motor carriers.

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.

2022-12-02T06:00:00Z

Understanding the National Safety Code (NSC): Part 1

These days, operating a commercial fleet involves many different compliance issues, regulations, standardized licensing, and permits involved with operating a commercial trucking vehicle are the norm. In Canada, provincial regulations governing commercial vehicles, drivers, and motor carriers are based on the National Safety Code (NSC) standards.

But what is the NSC and what are the standards? It’s a complicated answer because there are 16 standards involved. The NSC is designed to create a comprehensive code of minimum performance standards for the safe operation of passenger and commercial vehicles. The NSC provides guidance for legislative, regulatory, and administrative action by each jurisdiction and focuses on three components:

Drivers,
Vehicles, and
Motor carriers.

Over this three-part article series, we will look at each of these components and break down the NSC standards that fit within each of the three. You’ll learn what is key to know to ensure compliance, and more importantly, a safer operation.

What is the NSC?

In 1987, the federal, provincial, and territorial Ministers responsible for Transportation and Highway Safety recognized that due to the deregulation of transportation, there was a need for harmonization and reciprocity in the management of commercial vehicles across Canada. The ministers then signed a memorandum of understanding to develop and implement the NSC to encourage road safety, promote efficiency in the motor carrier industry, and achieve consistent safety standards. The National Safety Code standards remain important instruments of public policy in promoting public safety and the safe and efficient movement of people and goods on Canadian roads.

What are the 16 standards?

The NSC is a set of minimum performance standards, applying to all persons responsible for the safe operation of commercial vehicles. There are 16 NSC standards made up of the following:

Standard 1 Single Driver Licence Concept
Standard 2 Knowledge and Performance Tests (Drivers)
Standard 3 Driver Examiner Training Program
Standard 4 Driver Licencing Classification
Standard 5 Self-Certification Standards and Procedures
Standard 6 Determining Driver Fitness in Canada
Standard 7 Carrier and Driver Profiles
Standard 8 Short-Term Suspension
Standard 9 Commercial Vehicle Drivers Hours of Service
Standard 10 Cargo Securement
Standard 11 Maintenance and Periodic Inspection
Standard 12 CVSA On-Road Inspection
Standard 13 Trip Inspection
Standard 14 Safety Rating
Standard 15 Facility Audits
Standard 16 Entry Level Training (Class 1)

Now that we have a better understanding of what the NSC represents and what the 16 standards are, let’s take a deeper dive into the standards that apply, starting with Motor Carriers.

NSC Standard 14 — Safety Rating

You might be wondering why we are starting with Standard 14. All provinces in Canada are required to issue an NSC number to all commercial carriers in their governing jurisdiction. A Safety Fitness Certificate (SFC) contains the NSC number, which is the unique identifier for each commercial operator. Ontario calls this number a Commercial Vehicle Operator’s Registration or CVOR.

If you have registered a vehicle that is regulated under the National Safety Code program in Canada, you are required to apply for a SFC or CVOR (Ontario). The SFC or CVOR gives you permission to operate a commercial vehicle.

There have been many new changes recently to the process of not only applying for an SFC but also in maintaining the required certificate. For example, in Alberta, it includes completing an NSC knowledge test online or NSC in a registry office, completing an NSC audit within 12 months of obtaining your SFC, and renewing your certificate every three years.

A provincial authority may not issue a safety fitness certificate to an extra-provincial motor carrier undertaking unless the provincial authority has determined that the undertaking has a “satisfactory”, “satisfactory unaudited” or “conditional” safety rating, as set out in section 5 of Part C of NSC Standard #14.

Safety Rating Categories

Responsibility for motor carrier safety resides, first and foremost, with motor carrier management. The Safety Rating Standard (Standard 14) establishes the motor carrier safety rating framework by which each jurisdiction shall assess the safety performance of motor carriers. There are four safety rating categories as follows:

Rating	Details
Satisfactory-Unaudited	Assigned to all new commercial motor carriers. This rating does not change until a carrier has been audited.
Satisfactory-Audited	Assigned when a motor carrier has successfully passed a facility audit and all 3 thresholds - convictions, at-fault collisions and inspections - are below 85%.
Conditional	Assigned to a motor carrier who has failed a facility audit and/or 1 or more thresholds are at or above 85%.
Unsatisfactory	Assigned by Carrier and Vehicle Safety Services when a carrier is deemed unfit.

The safety rating standard establishes the motor carrier safety rating framework by which each jurisdiction assesses the safety performance of motor carriers. The safety rating is determined by:

Using the information in the motor carrier profile;
Assigning a value to each of the data listed in the motor carrier profile taking into account its severity and potential safety impact, in accordance with the National Safety Code Standard 7, Carrier Profile:
- For the 24 months preceding the determination; or
- In the case of a motor carrier whose motor carrier profile was established less than 24 months prior to the determination, for the period since its establishment;
Normalizing the weighted data using the motor carrier’s fleet size to reflect the motor carrier’s exposure to risk; and
Assigning a safety rating to the motor carrier in accordance with the safety rating categories.

The NSC’s safety fitness rests on three building blocks:

NSC Standard 7: Carrier and Driver Profiles
NSC Standard 14: Safety Rating
NSC Standard 15: Facility Audit

Together, these standards provide the safety rating and management framework by which each jurisdiction assesses the safety performance of motor carriers. In part 3, we’ll cover Standards 7 and 15 in greater detail.

Key to remember: We have just touched the surface of the NSC standards and covered likely one of the most important when it comes to maintaining a safe rating and compliance with Jurisdictional regulations.

2023-09-28T05:00:00Z

Canada’s drug testing rules will leave you in a haze

Ever since Canada legalized recreational cannabis back in 2018, it has left many motor carriers wondering if they can drug test their drivers. Impairment from cannabis use is a safety risk, and for most employers, performing drug tests to manage the risk is not an option. Where do motor carriers and drivers fit in, and what are their options?

Submitting employees to drug tests

Can motor carriers drug test their drivers? The short answer is no. Canada does not have a federal regulation that requires drug testing for drivers. However, this does not mean that Canadian motor carriers cannot implement and enforce a drug and alcohol policy for their drivers. In fact, many carriers have developed successful policies that minimize the risk of getting in trouble with the law and ensure the safety of their drivers and the public.

For the most part, drug testing not only violates the Human Rights Code, but it is also a gross infringement on an individual’s reasonable right to protection of privacy. Motor carriers operating in Canada need to make sure they consider the human rights and privacy rights of their drivers when implementing any type of drug testing program and policy.

Motor carriers have the right to expect their drivers to arrive at work fit for duty and remain that way throughout the duration of their shift. Communicating this expectation to them is important and, at a minimum, should be communicated by implementing a ”fit-for-work” policy that makes your expectations around impairment of any kind clear.

When drug testing may be permissible

There are some circumstances in which drug testing is allowed, though they are rare and very specific.

1. Safety-sensitive positions: Universal random drug testing would be acceptable in workplaces that can be shown to be extremely dangerous and where a worker’s impairment would likely result in catastrophe. Based on this definition commercial truck drivers would be considered to be in a safety-sensitive position.

2. Reasonable suspicion of impairment: If an employee appears to be obviously impaired, drug testing may be permissible, especially if they’re involved in a collision and there is reasonable suspicion that they are under the influence of drugs.

3. As part of a rehabilitation/return-to-work program: A driver with substance abuse disorder may be subject to unannounced drug testing to be carried out as part of a rehabilitation program and return-to-work program.

Unlike in the United States, pre-employment drug testing is generally not permitted in Canada, except in limited circumstances. Each Canadian province has its own legislation regarding testing for drugs. In Alberta, the courts have been less protective of individual privacy rights and have allowed drug testing in the oil and gas sector. Most companies in Ontario and British Columbia opt not to test for drugs, adhering to human rights legislation and privacy concerns.

Policies must be clear

Motor carriers must inform their drivers about the drug and alcohol policy and unlike U.S. testing programs, are required to obtain their consent before conducting any test. By working together, motor carriers and drivers can create a safe and healthy work environment for everyone involved.

Carriers should update their policies addressing drug and alcohol use at least once per year. Carriers must pay close attention to:

Permissible testing for the jurisdictions they operate in, including if they cross the border into the United States;
Frequent reminders for drivers on their obligations under the policies; and
Training for managers and supervisors on detecting impairment through physical symptoms.

Key to remember: Drug testing in Canada is legal but not regulated, so carriers must exercise caution when implementing a drug testing policy. There’s a fine line between allowable testing and human rights/employee privacy violations.

2021-12-13T06:00:00Z

Your vehicle weight might not be what you thought

The International Registration Plan (IRP) uses several different weight terms and acronyms, and it can be easy to misinterpret the meaning of some of them. Check out the descriptions below to make sure you understand the terms and acronyms — and what they mean — when registering your vehicles.

Gross vehicle weight rating (GVWR)

The gross vehicle weight rating is the maximum operating weight of a vehicle as specified by the manufacturer including the vehicle’s chassis, body, engine, engine fluids, fuel, accessories, driver, passengers, and cargo but excluding that of any trailers.

Gross combined weight rating (GCWR)

The gross combined weight rating is the specific weight determined by the manufacturer to be the maximum weight of a loaded vehicle and its attached loaded trailer. This is the weight that is shown on the IRP cab card.

Insider tip:
Weight plate: A vehicle’s GVWR and GCWR are normally found on a manufacturer’s plate attached to the door or glove box, or on the front of each trailer.

Registered weight

Registered weight means the weight for which a vehicle or combination of vehicles has been licensed or registered.

Note that this weight will not always be the same as the GVWR or GCWR. It can be less if the carrier never travels at the maximum weight, but never more than the vehicle is rated to carry as this presents a safety issue.

Insider tip:
A vehicle’s weight rating should not be confused with its registered weight. To reduce registration fees, vehicles are often registered at a lower weight than they are rated to carry.

Gross vehicle weight (GVW)

Though not defined by IRP, a vehicle’s gross vehicle weight is commonly held to be the actual weight of the vehicle itself (curb weight) plus all cargo and passengers. The GVW is not a limit or specification; rather it is the actual weight that is obtained when the fully loaded vehicle is driven onto a scale at any given time.

Gross combination weight (GCW)

Also not specifically defined by IRP, the gross combination weight is understood to be the weight of a loaded towing vehicle (GVW) plus the weight of the fully loaded trailer(s) (plus passengers, fuel, etc.). It is the actual weight obtained when the vehicle and trailer(s) are weighed together on a scale.

Which numbers should be used under IRP?

Apportionable vehicles must be registered under IRP. The Plan defines an apportionable vehicle as any vehicle that is used or intended for use in two or more member jurisdictions and that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property, and:

Has two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds (11,793.401 kilograms), or
Has three or more axles, regardless of weight, or
Is used in combination, when the gross vehicle weight of such combination (GCW) exceeds 26,000 pounds (11,793.401 kilograms).

Apportionment optional for smaller trucks

Two-axle vehicles, or combinations thereof, having a GVW of 26,000 pounds or less may be issued apportioned registration (IRP) at the option of the registrant. Why would you choose to do this?

For trucks between 10,001 and 26,000 pounds, some jurisdictions — but not all — require trip permits or apportioned plates to operate legally. Permits may be required for traveling through the jurisdiction or when engaging in intrastate transportation. If you frequently operate vehicles over 10,000 pounds in a state with this requirement, it might make sense to register with apportioned plates. Be sure to check with the jurisdictions in which your vehicles operate to learn the requirements.

2024-09-26T05:00:00Z

Personal conveyance in Canada: A double-edged sword

You may rely on personal conveyance, allowing your driver to use their truck for personal use under specific conditions, which can offer many benefits, such as improved driver satisfaction and compliance with hours-of-service regulations. However, it can also present challenges, including potential misuse and difficulties in monitoring and enforcement. Balancing these benefits and challenges is crucial for keeping a safe and efficient operation. This article explores the intricacies of personal conveyance, highlighting its impact on you and your drivers.

The concept of personal conveyance

First off, what is Personal conveyance? Personal conveyance allows your drivers to use a commercial vehicle for personal reasons, such as driving home after a long day of work, going to a restaurant, or running personal errands. The key aspect is that the vehicle is not to be used for any business-related activities during this time. This provision is designed to offer flexibility and convenience to drivers, allowing them to manage their personal lives without violating Canadian Hours of Service (HOS) regulations.

Regulations governing personal conveyance

The use of personal conveyance is governed by specific regulations and key rules that include the following:

The vehicle must be unloaded, and any trailers must be unhitched;
The distance traveled for personal conveyance must not exceed 75 kilometers in a day;
The driver must record the odometer reading at the beginning and end of the personal use; and
The vehicle must not be used for any business purposes during personal conveyance.

These regulations are in place to prevent drivers from using personal conveyance as a loophole to extend their driving hours or to reach destinations that are beyond the allowed distance.

The rules around personal conveyance can also be confusing, especially when crossing borders between the United States and Canada. For example, if your driver has U.S. personal conveyance time recorded in the log for the current and previous 14 days, once they cross into Canada, all of that time will be calculated as driving time, which will count towards a commercial driver’s work-shift, work-day and cycle limits. Also, none of the time spent operating a CMV in personal conveyance status while in the United States will count towards the off-duty requirements in Canada, potentially leading to violations.

Benefits of personal conveyance

When used correctly, personal conveyance offers several benefits to drivers:

Flexibility: Drivers can manage their personal errands and activities without worrying about violating HOS regulations;
Convenience: It allows drivers to use their commercial vehicles for personal use, eliminating the need for a separate personal vehicle; and
Work-Life Balance: Personal conveyance helps drivers keep a better work-life balance by providing the flexibility to address personal matters.

Misuse of personal conveyance

Despite the benefits, personal conveyance is often misused by some drivers. Common forms of misuse include:

Extending Driving Hours: Some drivers use personal conveyance to extend their driving hours beyond the legal limit, which can lead to fatigue and increased risk of accidents;
Reaching Business Destinations: Drivers may use personal conveyance to reach business-related destinations that are beyond the allowed distance, effectively bypassing HOS regulations; and
Inaccurate Record-Keeping: Failing to accurately record odometer readings or misrepresenting the purpose of the trip can lead to violations and penalties.

Consequences of misuse

Personal conveyance provides flexibility and safety benefits, but it requires adherence to regulations and responsible use to avoid pitfalls. Remember that it’s not meant for convenience over short distances; rather, it serves essential purposes during off-duty hours.

Misuse of personal conveyance can have serious consequences for you and your drivers. Penalties for violations can include fines, suspension of driving privileges, and damage to you and your driver’s professional reputation.

Key to remember: Educating your drivers about proper personal conveyance usage is crucial for ensuring compliance with regulations and maintaining safety on the road.

Most Popular Highlights In Human Resources

2026-06-16T05:00:00Z

Colorado employee voting leave law expands

Effective date: June 1, 2026

This applies to: Employers with employees in Colorado

Description of change: Effective June 1, 2026, employees may take up to 2 hours of job-protected, paid time off any day when voter service and polling centers are open.

Previously, voting leave was only required on the day of the election.

Because polling centers are open well before Election Day, employees now have a bigger window during which they may request this leave.

Employees must apply for the voting absence before the day of the election for which leave is requested.

The change also specifies that employers may deny an employee's request for voting leave if the employee has 3 or more consecutive hours off while the polls are open.

View related state info: Leave - Colorado

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.

2026-05-20T05:00:00Z

Do the FMLA notices and certifications expire in June?

The answer to that question for employers is, “No.” The answer to that question for the U.S. Government’s Office of Management and Budget (OMB), however, is, “Yes.”

Employers might notice that the following federal Family and Medical Leave Act (FMLA) documents from the U.S. Department of Labor (DOL) have an expiration date listed as “6/30/26” in the upper right-hand corner:

WH-381: Eligibility/Rights and Responsibilities Notice
WH-382: Designation notice
WH-380-E: Certification of an employee’s serious health condition
WH-380-F: Certification of a family member’s serious health condition
WH-384: Certification of a qualifying exigency
WH-385: Certification for military caregiver of a current military member
WH-385-V: Certification for military caregiver of a veteran

This, however, doesn’t mean that employers aren’t allowed to use these forms after that date. They may. Employers and employees are allowed to use the current forms beyond that date because the content remains applicable under FMLA law.

The June 30, 2026, date on the FMLA notices and certification forms, doesn’t represent a deadline for FMLA leave itself. It’s the OMB’s expiration date for the forms’ collection and recordkeeping requirements, not the end of the forms’ legal validity.

What the date means

These government documents are subject to certain checks and balances, such as the following:

OMB control number 1235‑0003 governs the collection of information from employers and employees for DOL compliance purposes.
The June 30, 2026, date is when the latest version of the forms will be replaced by a new OMB‑approved version.

The OMB has to review the FMLA notices and certification forms every 3 years. The last time it did so, it didn’t make any material changes.

The OMB is part of the U.S. Executive Office and helps the president meet policy and budget, manage details, oversee regulatory objectives, and helps fulfill the agency’s statutory responsibilities.

Model forms optional

Employers aren’t required to use the DOL’s model forms. Many do, however, because it’s easier than creating their own forms. Using the DOL’s forms also helps ensure the notices provide enough information and the certifications don’t ask employees for information beyond what the FMLA allows.

Key to remember: The June 30, 2026, expiration date of FMLA documents is just a form‑collection deadline, not a legal cutoff for FMLA leave or certification. Employers may still use the current forms until a new version is issued.

2026-06-12T05:00:00Z

Joy to the workplace

If you look around your office and see happy people, it’s likely that you and other coworkers have a hand in making this happen. New research from Wiley Workplace Intelligence shows that colleagues are a major influence on happiness in the workplace.

Both work and the people we work with can lead to an upbeat feeling. More than 75 percent of the employees surveyed said they feel joy in their work, according to the report. Most also said they:

Feel motivated to do their best work,
Feel connected to the people they work with (85 percent), and
Understand how their role contributes to organizational success (93 percent).

Many employees (39 percent) cited their team as a major influence on their happiness at work. Another 19 percent said they shape their own joy, while only 6 percent credited senior leadership.

This research indicates that the team level is where workplace joy is won or lost. Specifically, it says that "Joy is local.” It’s found in:

Daily interactions,
Moments of collaboration, and
The small but consistent experience of feeling seen by the people you work alongside.

On the other hand, efforts to build joy company-wide through announcements, campaigns, or top-down culture initiatives, may miss the mark.

The research points to these five practical interventions that can help increase joy:

Focusing on capacity, not just commitment. Even when motivation is high, a shortage of time and resources can cause a frustrating bottleneck. Organizations that want to strengthen hope and joy should ask hard questions about workload, support structures, and whether employees have what they genuinely need to succeed, not just survive.
Aiming for clarity at every level. Direction doesn’t flow automatically through organizations. It must be actively communicated and reinforced at every level.
Support managers as a primary intervention. The road to greater hope and joy in an organization runs directly through its managers. Manager well-being should be a priority, not an afterthought. When managers receive clear direction, adequate resources, and more time to accomplish goals, those conditions extend to the people they lead.
Investing at the team level. Factors that strengthen the relationships of team members, such as everyday recognition and true psychological safety, are investments in the actual source of workplace joy. Joy lives closest to coworkers, not leadership.
Being intentional about development. Viewing a role as a starting point and working to help people thrive in roles that fit their strengths adds value to their workplace goals. This is an area where intentional development conversations and role design can make a real difference.

Key to remember: Joy in the workplace starts at the team level. Strengthening relationships at the team level can influence overall happiness in the workplace.

2024-05-10T05:00:00Z

Construction sites not exempt from posting requirements

Construction season is in full swing across the country, which means it’s the time of year for a question about labor law posters to gain momentum.

How do employers display posters for workers who report to a construction site to do their job?

It’s the law: Posters are required

There are hundreds of laws nationwide that require employers to display a workplace posting that makes employees aware of their rights under that specific law.

This includes commonly required federal postings such as the Job Safety and Health: It’s the Law posting from the Occupational Health and Safety Administration (OSHA) and the Employee Rights Under the Fair Labor Standards Act posting from the Wage and Hour Division of the Department of Labor (DOL).

If employers neglect to display required postings, they could face a fine or a greater risk of an employee lawsuit.

Additional posters for federal contractors

When a company has a contract to do work with the federal government, or a state or local government agency in some cases, additional posters must be displayed.

This could include:

The Employee Rights Under the Davis-Bacon Act posting and a wage determination that applies to the project
The Employee Rights Under the National Labor Relations Act posting
The Know Your Rights: Workplace Discrimination is Illegal posting

The postings required for contractors will be listed in contract clauses. Failing to display them could result in the loss of the contract.

No excuses: Display at the work site

Although an active construction site is a vastly different work setting than the quiet hallways of an office building, the DOL emphasizes that workplace posters need to be placed in a conspicuous and visible location at both.

The agency addresses this in one of its Frequently Asked Questions about labor law posters:

Question: I am a homebuilder, and my construction crews do not report to our main office before commencing work but report directly to various construction sites. Where should I post the required federal posters?

Answer: The required posters should be posted at the location to which employees report each day.

Options for construction sites

The DOL makes it clear that when workers report to a construction site to do their job, that is where posters must be displayed. To meet this requirement, labor law posters could be placed:

On a piece of plywood at the work site,
On a fence at the work site,
In the job trailer,
In a frame that is leaned against a wall or hung up at the work site.

Employers could also have a link to the required posters on their company intranet, but this would not take the place of the physical posters that need to be displayed. Electronic postings can supplement physical postings but can’t be the only postings used when employees report to a work site to do their job.

Keep posters in good shape

Posters need to remain readable, and the OSHA posting requirement notes that employers need to ensure that they are not altered or defaced.

To make sure they remain in good shape, laminated posters could be used in locations where posters are exposed to the elements.

Who’s responsible? You are

Each employer is responsible for making sure that labor law posters are displayed in a location where their employees can see them.

That doesn’t mean each contractor or sub-contractor at a construction site needs to display their own set of posters. Only one set of posters needs to be posted at the work site.

Employers should not assume that someone else is taking care of this, however. Each employer has an obligation to make sure that that their employees have access to postings.

Sub-contractors can work with the general contractor at the work site to make sure all required labor law posters are properly displayed, and that the posters are up to date. If something is missing, they can work the general contractor to have them placed in a conspicuous spot.

Key to remember: All required labor law postings must be displayed at construction sites. Employers should ensure that the proper postings are placed in a visible location.

2023-05-29T05:00:00Z

Canadian driver files: Are yours in compliance?

Whether you are a massive Canada-based fleet or a company of one running under your own safety fitness certificate, you’ll need a driver records file on each driver operating a company vehicle, including one for yourself. But what happens if you don’t know what needs to be in the file because the requirements aren’t consistent across Canada? The requirements for driver files are quite comprehensive, which can leave you confused about what belongs in them. You might even be worried that you’ll fail a National Safety Code (NSC) facility audit because your files are incomplete. Worry no more because we are going to explain everything you need to know about driver files so you can rest easy knowing that you’re in line with regulatory and NSC requirements.

What is the purpose of a driver file?

A driver file is a required collection of documents and records proving that a driver can not only safely operate a commercial motor vehicle (CMV), but has completed any additional training and is legally authorized to drive the type of CMV you have assigned them to.

The file is like a driver’s professional biography. It includes everything you might want to know about your drivers, including their employment history, driving record (abstract), licensing, and any special training.

Driver files must be retained at the carrier’s principal place of business for the year in which they are created, established, or received, and generally for the four calendar years immediately following (note that this can vary by province). Carriers should also keep any other relevant information about their drivers. This may include items such as alcohol and drug testing records (this is required for carriers with drivers operating into the United States and subject to the testing requirements).

What should you include in your driver files?

This is a good question, as this can vary slightly depending on what province is your principal place of business and in which province(s) you hold a safety fitness certificate. It can also depend on what the record might be called, for example in Ontario a driver’s abstract is commonly referred to as a driver’s CVOR abstract. Although some documents may not be required in certain provinces, the following items are the ”best practice” recommended records to keep in your driver file:

The driver’s completed application form for employment,
A copy of the driver’s abstract dated within 30 days of hire,
Annual updated copies of the driver’s abstract,
The driver’s employment history for the preceding 3 years,
A record of the driver’s convictions of safety laws relating to the operation of a motor vehicle in the current year and in each of the preceding 4 years,
A record of any administrative penalty imposed on the driver,
A record of all collisions involving a motor vehicle operated by the driver that are required to be reported to a peace officer,
A record of all training taken by a driver related to the operation of a vehicle and compliance with safety laws, and
A copy of any training certificate issued to the driver, in electronic or paper form, for the period starting on the date the training certificate is issued.

How do I know what each jurisdiction requires in their driver files?

The following chart summarizes the driver file requirements by jurisdiction.

Province	Employment Aplication	Copy of driver’s licence	Road test(s)	Work history (3yrs)	Driver’s abstract	Driver training records	Driver convictions (traffic offenses, etc.)	Notice to Carrier - NSC (accidents, violations, convictions, etc.)	Annual review (driver fitness)	Driver disciplinary actions	Special training (TDG)	Driver Accidents (current year + previous 4 years)
Alberta (AB)	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	No	No	Yes	Yes
British Columbia (BC)	Yes	No	No	No	Yes	Yes	Yes	Yes	No	Yes	Yes	Yes
Saskatchewan (SK)	No	Yes	No	No	Yes	Yes	Yes	Yes	No	No	Yes	Yes
Manitoba (MB)	No	No	No	No	Yes	No	Yes	es	Yes	No	Yes	Yes
Ontario (ON)	No	Yes	No	No	Yes	No	Yes	Yes	No	No	Yes	Yes
Quebec (QC)	No	Yes	No	No	Yes	No	Yes	Yes	No	No	Yes	Yes
Newfoundland & Labrador (NL)	No	No	No	No	Yes	Yes	Yes	Yes	No	Yes	Yes	Yes
New Brunswick (NB)	No	Yes	No	No	Yes	No	Yes	Yes	No	No	Yes	Yes
Nova Scotia (NS)	No	Yes	No	No	Yes	Yes	Yes	Yes	No	No	Yes	Yes
Northwest Territories (NT)	No	No	No	No	Yes	No	Yes	Yes	No	No	Yes	Yes
Nunavut (NU)	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Yukon (YT)	No	Yes	No	No	Yes	Yes	Yes	Yes	No	No	Yes	Yes

Managing your files long term

Driver qualification files are a lot less intimidating if you approach them one component at a time. Please note, while electronic records may be accepted, any originals must be made available upon request.

Key to Remember: Driver files better enable a carrier to monitor and manage the safety of all drivers involved in the operation of commercial vehicles. Being prepared with the proper documents in the file will help you survive an audit.

Most Popular Highlights In Safety & Health

2020-12-30T06:00:00Z

Recognizing lockout/tagout training concerns

All employees involved in lockout/tagout require training. The authorized employees (those doing the maintenance work) have the most responsibility and require the most training. However, affected employees (those who operate machines being serviced) also need some training. In addition, some other employees (those working in an area where lockout or tagout is used) may require training so they don’t inadvertently interfere with the lockout/tagout process.

Retraining is required when there’s a change in the job, equipment, or process. Those changes could impact all categories of employees (authorized, affected, and other).

Retraining is also required when a periodic inspection reveals a problem. The periodic inspection is an annual review of the energy control procedure to ensure that it is adequate and is actually being followed.

Follow the procedures

Mechanics may work on dozens of machines, and each machine may have unique lockout/tagout procedures. But do the mechanics actually read and follow the procedures for each machine? Or do they just “know what to do” based on experience? Could other maintenance staff follow the procedures as written?

Make sure that authorized employees actually follow the procedures. If they are unsure about any part of a procedure, or if they skip a step that doesn’t make sense, then the procedure should be updated.

If additional training is needed, it may be best to conduct the training at the machine and ask the mechanics to indicate where the procedure is unclear. If the questions are more than the training group can handle, you may need to call in an expert (electrician, engineer, etc.).

As necessary, revise the procedure until it’s understandable. You want the procedures to be accurate and easy to use. If veteran mechanics think the procedure is hard to follow (or if they have ideas on how to improve the written steps), you want to correct those issues before contractors or new employees need to rely on the procedure.

Complete and accurate procedures not only keep your company in compliance, but help keep your employees safe.

2026-06-16T05:00:00Z

Tank implosion tragedy highlights pressure hazards

A May 2026 incident at a paper mill in Washington put a spotlight on a hazard that doesn’t always get the same attention as over-pressure, vacuum induced tank collapse. The event involved a large chemical storage vessel and led to multiple fatalities and serious injuries. The U.S. Chemical Safety and Hazard Investigation Board (CSB) has opened an investigation to figure out what went wrong and how to keep it from happening again.

While that investigation plays out, there’s a clear takeaway, tank failures aren’t just an over-pressure problem. Vacuum conditions, or under pressure, can be just as destructive. We design for it, we talk about it, but it doesn’t always get the same focus in day‑to‑day operations, maintenance, or hazard reviews, and that’s where things can break down.

Understanding what happened

An implosion happens when the pressure inside a tank drops below the pressure outside it. When that happens, the outside air pushes in and the tank can collapse. Most people think about explosions. Fewer think about implosions. But the damage can be just as severe.

The tricky part is how this can develop during normal work. It doesn’t take a rare event and can happen during everyday tasks like:

Draining a tank too fast without letting air flow back in;
Cooling vapors or condensing material inside the tank;
Steam cleaning and then cooling things down too quickly; and
Vents that are blocked, closed, or just not sized right.

In industries like pulp and paper, chemical processing, and wastewater treatment, these situations aren’t unusual. In many cases, they’re part of day-to-day operations. That’s what makes vacuum-induced failure a real risk and a preventable one.

What OSHA expects for tank safety

While this incident puts a spotlight on an implosion hazard, OSHA’s expectations go beyond just one type of failure. The focus is on overall tank and pressure vessel safety, which includes both over-pressure and vacuum conditions.

Under the General Duty Clause, employers are required to protect workers from recognized hazards. Tank failure, whether it’s caused by pressure or vacuum, is a known risk, so OSHA expects it to be addressed. In practice, that means employers need to:

Design for how the system actually operates, including pressure going in both directions;
Control pressure risks with properly sized relief devices and venting systems that work when needed;
Follow recognized engineering practices like ASME (American Society of Mechanical Engineers) and API (American Petroleum Institute) standards; and
Keep equipment in good shape through inspection, testing, and maintenance.

Additionally, if Process Safety Management (29 CFR 1910.119) applies, expectations get more specific. Employers need to have:

A mechanical integrity program that covers tanks and relief systems;
Process hazard analyses that look at normal operations, abnormal conditions, and maintenance work; and
Clear procedures and training so people know how to manage the risks.

Even if PSM doesn’t apply, the expectation doesn’t change. You still need to understand how the system can fail and make sure the right protections are in place.

Strengthening tank safety where it counts

This incident is a good reminder to take a step back and look at your organization’s overall tank and pressure vessel safety, not just one specific hazard. Strong programs come down to solid controls and making sure they hold up in day-to-day operations. Here’s where to focus your attention:

Evaluate all pressure scenarios: Consider both over-pressure and vacuum conditions during normal, shutdown, and when things don’t go as planned;
Verify relief and venting systems: Ensure devices are properly sized, installed, and not isolated or obstructed;
Confirm design limits: Validate that tanks are rated for the full range of expected conditions;
Strengthen inspection and maintenance: Regularly check vents, valves, and vessel integrity as part of a structured program; and
Train employees on system behavior: Help operators understand how everyday actions, like emptying a tank, rinsing it out, or closing vents, can affect pressure conditions.

Key to remember: Expectation is clear, tanks must be safe under all operating conditions, not just ideal ones. That only happens when design, controls, and maintenance all line up with how the system really runs.

2022-09-19T05:00:00Z

Labeling secondary containers in the workplace

“Do we have to label secondary containers?” That’s a common question regarding the requirements of the hazard communication, or HazCom, standard, so if you’ve ever wondered about that, you’re not alone.

And the answer is… It depends

The HazCom standard says, in part, “the employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer.”

The regulations define “immediate use” to mean that “the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.”

So if the situation is such that the definition of immediate use is met, no label is needed. If this isn’t the case, however, you’ll need to label the container.

What kind of labeling is needed?

All workplace HazCom labels must include the product identifier and general information regarding all of the hazards of the chemical(s) even when using the NFPA or HMIS® system. In some cases, all hazards are not addressed by a particular rating system (e.g., chronic health hazards), and therefore, hazards not addressed must be communicated by words, pictures, symbols, or a combination thereof in addition to the NFPA or HMIS® rating system.

The HazCom regulations provide a few workplace labeling options. You can use:

The elements required under HazCom on shipped containers, with the exception of contact information — product identifier, signal word, hazard statement(s), pictogram(s), and precautionary statement(s).
In-house labels that include the product identifier and words, pictures, symbols, or a combination of these, which provide at least general information regarding the hazards of the chemicals.
The HMIS® III or NFPA system.

Regardless of the workplace labeling option you use for secondary containers, you must ensure that your training program instructs employees on how to use and understand the labeling systems.

Keep in mind that the purpose of a label under HazCom is to serve as an immediate visual warning of the hazards associated with the chemical. The identity of the chemical leads to the more detailed information on the safety data sheet (SDS), but the hazard warning gives immediate information to employees working with the substance about the hazards associated with exposure.

Key to remember: A label is needed for secondary containers if the definition of “immediate use” is not met. “Immediate use” means that “the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.”

2023-05-18T05:00:00Z

Breaking the plane of a confined space doesn’t require a complete entry

Did you know that OSHA’s standard on permit-required confined spaces (PRCS) says entry occurs as soon as any part of the entrant’s body breaks the plane of the opening into the permit space?

Many workers and employers mistakenly think that placing part of the body or hands into a confined space isn’t entry. Knowing the difference between when entry occurs and not will help employers determine if a permit is required.

Letters of Interpretation

As clarified in an OSHA Letter of Interpretation (LOI) dated October 18, 1995, “When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred and a permit is required, regardless of whether there is an intent to fully enter the space.”

This definition of “entry” might seem to be too strict. Still, OSHA’s letter clarifies that there are situations where a partial entry would be hazardous: “Examples of situations where entry by only part of the body into a PRCS can expose an entrant to the possibility of injury or illness are as follows:

An entrant can possibly suffer a burn while reaching into a PRCS, which is so classified because it contains a thermal hazard.
An entrant can possibly fall into a below-grade PRCS while standing on a vertical ladder in the opening of the space, which is so classified because it contains an oxygen-deficient atmosphere.
An entrant can possibly become unconscious as result of his head accidentally entering a PRCS while they are reaching into a PRCS, which is so classified because it contains an oxygen deficient atmosphere.”

As another example, if the space contains a flammable or oxygen-enriched atmosphere, and if the activities during a partial entry could produce a spark or other ignition source, then a fire in the space could flash out of the opening and cause serious injuries to the employee.

OSHA’s guidance continues

This doesn’t necessarily mean you’d be fined if a permit wasn’t followed when someone reached a tank. OSHA’s guidance continues: “However, if entry by only part of the body does not expose the entrant to the possibility of injury or illness, then the violation may be considered a ‘de minimis’ violation.”

A de minimis violation is one in which a standard is violated, but the violation has no direct or immediate relationship to employee safety or health. These violations are documented but no citations are issued.

OSHA says examples of situations where entry by only part of the body into a PRCS would not expose an entrant to the possibility of injury or illness are as follows:

An entrant reaches through the opening of a horizontal PRCS, which is so classified only because it contains exposed live electrical parts ten feet from the opening.
An entrant puts his head through the opening of an overhead PRCS, which is so classified only because it contains unguarded rotating parts ten feet from the opening.

Also, consider a situation such as a worker reaching through a small grate to take a sample from a permitted space. The LOI further states, “If a part of the body were placed in an opening through which the worker could not pass into the permit-required confined space, no PRCS entry will have occurred.”

Keep in mind, however, that the employee would still need protection from any hazards involved in the task, but a permit would not be needed.

Key to remember

When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred, and a permit is required.

2025-07-14T05:00:00Z

Restrictions must affect routine functions to count as restricted work

Although it may seem counterintuitive, injured employees could be given restrictions that don’t hinder their ability to perform routine job functions and therefore don’t create a restricted work case on the OSHA 300 Log.

For example, an employee might have a knee injury that limits his ability to stand for long periods of time. However, if his job primarily involves sitting at a workstation, the injury may not interfere with his duties. To count as a restricted work case, the injury must restrict one or more “routine job functions,” defined by OSHA as activities the employee regularly performs at least once per week.

OSHA has addressed several scenarios involving work restrictions, and the responses may surprise you.

Example scenarios

An employee hurt his left arm and was told by the doctor not to use that arm for a week. The employee could still perform all routine job functions using only the right arm, but worked at a slower pace. OSHA said this would not be a restricted work case if the employee did, in fact, perform all routine job functions. A loss of productivity is not considered restricted work. If the employer could not accommodate the limitation and assigned light duty that temporarily eliminated a routine function, then it would be a restricted work incident.

In another case, an injured employee was given a lifting restriction of 20 pounds. That restriction would affect his job only if he rotated into a different position during an equipment breakdown, which happened once or twice per month. Again, OSHA said this was not a restricted work incident because routine functions are activities performed at least once per week. Since the restriction affected duties performed only once or twice a month, it did not affect a routine job function.

For related information, see our article, Can I get a second opinion? I want to delete an OSHA recordable.

Job descriptions

Employers often provide job descriptions to help doctors evaluate restrictions. However, the “essential functions” in a job description are not necessarily “routine functions” as defined by OSHA. For example, a job description might require the ability to lift 50 pounds, but if that task arises only twice per month, it’s not a routine function.

Generally, a doctor should describe restrictions rather than declaring that an employee “cannot work.” Employers can provide a job description and ask for recommendations regarding specific duties, but only the employer knows whether those duties are routine functions.

OSHA addressed that point in a Letter of Interpretation dated June 23, 2006. The letter stated, “Only the employer has the ultimate authority to restrict an employee’s work, so the definition is clear that, although a health care professional may recommend the restriction, the employer makes the final determination of whether or not the health care professional’s recommended restriction involves the employee’s routine functions.”

Similarly, only the employer can determine whether accommodations are possible, so employers may assign restrictions as well as days away. For example, if the employer determines that a restriction prevents an injured employee from performing a routine function, it must record the injury as a restricted work case. If the employer cannot accommodate the restriction and sends the employee home, it must record the time as days away. For related information, see our article, If an injured employee requests a day off, is that Days Away?

Key to remember: Restrictions on job duties must affect routine functions to count as restricted work cases on the 300 Log, and the employer makes that determination.

2026-05-28T05:00:00Z

November's HazCom GHS 7 Deadline: What employers need to know

OSHA’s updated Hazard Communication Standard, now aligned with the 7th revised edition of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS 7), is being rolled out in phases. One deadline passed in May, and the next arrives in November. For employers, this means now is the time to start making updates. This revision introduces enough meaningful changes that relying on an old hazard communication checklist will not be enough.

First, a Quick Refresher on What HazCom Actually Is

At its core, OSHA’s Hazard Communication Standard is designed to make sure workers know what chemicals they are working with and what hazards those chemicals present. It covers the labels on chemical containers, the Safety Data Sheets (SDSs) that provide detailed hazard information, and the training employees need so they can understand and use that information effectively.

HazCom is tied to the Globally Harmonized System, or GHS, an international framework developed by the United Nations to create a more consistent approach to classifying and communicating chemical hazards. When the UN updates the GHS, OSHA eventually updates HazCom to better align with it. That is what is happening now with GHS 7, and those updates are beginning to work their way into supplier documents and workplace compliance expectations.

What’s Actually Changing in GHS 7

So what is different this time? GHS 7 includes several substantive changes that affect how chemicals are classified, how SDSs are written, and how labels are presented. These are not just wording updates. In some cases, they can change how hazards are described and how information is communicated to workers. The changes are:

New and Revised Hazard Categories: GHS 7 expands classification for certain health and physical hazards. Desensitized explosives, for example, now have their own hazard class. Some existing categories have been refined with new subcategories that require different labeling and SDS language.
Updated SDS Requirements: Section formatting and content requirements are being revised in several areas. Employers and chemical manufacturers will need to review existing SDS documents to ensure they reflect the updated classification criteria and language. If you’re an employer who receives SDS from suppliers, you’ll need to verify that incoming documents meet the new standard.
Label Changes: Some products will require updated pictograms, signal words, or hazard statements based on reclassification under GHS 7. That means physical labels on containers may need to be reprinted and replaced.
Exposure Limits and Inhalation Hazards: GHS 7 brings more specificity to how inhalation hazards are communicated, particularly for aerosols and mixtures.

What the May Deadline Covered

OSHA’s GHS 7 update was not designed as a single cutoff date. Instead, it was rolled out in phases, with different obligations applying at different points in time. The May 2026 deadline primarily affected chemical manufacturers, importers, and distributors. By then, those upstream parties were expected to update chemical classifications and begin issuing labels and SDSs that align with the revised standard.

For employers, that phase matters because it marks the point when updated information should begin flowing into the workplace. If you receive hazardous chemicals from suppliers, the SDSs and shipped labels you get should increasingly reflect the new classification language and formatting requirements.

That does not mean employers can treat compliance as only a supplier issue. You are still responsible for making sure the SDSs in your workplace are current, your labels reflect the hazards of the chemicals in use, and employees are trained on the information they rely on. If a supplier is slow to update documentation, that gap can quickly become your problem during an inspection.

That is why now is the time to start reaching out to chemical vendors and reviewing your own program. Ask suppliers whether their SDSs have been updated to GHS 7 standards, track what you receive, and follow up on anything that is missing or unclear. November will arrive quickly, and employers that wait too long may find themselves rushing through updates that should have been planned in advance.

Roadmap for November Update

The best way to approach the November deadline is as a practical compliance project rather than a last-minute document review.

Chemical inventory audit: You cannot update what you have not identified, so pull together a complete inventory of every chemical in the workplace, including cleaning products, maintenance supplies, and production materials. That inventory becomes the baseline for everything that follows.
Review and update your SDS library: Contact suppliers and request GHS 7-compliant SDSs for each product on your inventory. Do not assume existing files are already current. Create a simple tracking system so you know which documents have been updated, which are still pending, and where follow-up is needed.
Audit your physical labels: Walk the facility and compare container labels to the updated hazard information you are receiving. If products have been reclassified or now use different pictograms, signal words, or hazard statements, your in-house labels may also need to change. Starting early is important, especially for larger facilities where relabeling can take time.
Revise your written HazCom program: This should be treated as a living document that reflects current practice. Review it carefully and update language, procedures, and responsibilities so they align with the revised standard and with the way your facility actually manages chemical hazards.
Retrain your workforce and brief supervisors: Employees need to understand what changed, what updated labels and SDSs mean, and how those changes affect handling, storage, and response expectations. Supervisors should receive deeper guidance so they can answer questions, recognize compliance gaps, and reinforce the updated program in day-to-day operations.

Key to remember: Now is the time to prepare for November's Hazard Communication Standard deadline.

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