Inadequate records: What are they and how can you avoid them?

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.

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.

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.

Proposed legislation

Bipartisan legislation has recently been introduced in the House that would require businesses to provide restroom access to truckers who are loading or delivering cargo at their warehouses, manufacturers, distribution centers, retailers, and ports.

Supported by leading organizations in the trucking industry, the Trucker Bathroom Access Act (H.R. 9592) was introduced on Dec. 15, 2022. The bill requires retailers, warehouses, and other establishments with existing restrooms to provide access to drivers who are loading or delivering cargo. Additionally, operators of ports and marine terminals must provide access for drayage and parking while accessing such restrooms.

This amendment to Title 49 would exempt some employers from the bill including filling and service stations, and restaurants 800-square feet or smaller with restrooms intended for employee use only. The bill doesn’t require employers to construct new restrooms but to give truck drivers the same access as employees or customers.

Your restroom availability affects their health

Commercial truckers and delivery drivers are the lifeline of our supply chain of supplies, products, and consumables. Working tirelessly all hours, during holidays and weekends, and throughout the pandemic, they continue to deliver critical food and emergency supplies to companies everywhere. Employers have the privilege of demonstrating gratitude to truckers and delivery drivers with a positive work environment.

The benefits of allowing truckers and delivery drivers the convenience and safety of readily available, sanitary restroom facilities are plenty. They’re able to rest and reset when necessary, which keeps them and others safer on the roads. Equally important, restroom availability prevents drivers from having to search for available facilities elsewhere, allowing them to keep a timely delivery schedule, limit supply chain delays, and ultimately lower costs for employers and customers.

Keys to remember

The proposed Trucker Bathroom Access Act will require retailers, warehouses, and other establishments with existing restrooms to provide access to truckers and delivery drivers who are loading or delivering cargo. Access to restrooms keeps them refreshed and ready to deliver essential supplies to companies across the country.

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.

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:

1. Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
2. Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
3. 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.
4. 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.

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:

• 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.

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.

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.

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.

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.

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.

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.

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:

1. An entrant can possibly suffer a burn while reaching into a PRCS, which is so classified because it contains a thermal hazard.
2. 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.
3. 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:

1. 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.
2. 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.

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.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

OSHA citations

Even though OSHA does not limit working hours, the agency can cite employers under the General Duty Clause. A Letter of Interpretation dated July 12, 2016, says, “OSHA has long been aware of the hazards of sleep deprivation from working night shifts and has addressed this serious issue in public forums. OSHA has also issued citations to companies when they ignored the human factor of employee fatigue from excessive overtime.”

This doesn’t mean OSHA can cite a company just because employees felt tired and someone got injured. To prove a violation of the General Duty Clause, OSHA must show that:

• The employer failed to address a hazard to employees;
• The hazard was recognized;
• The hazard was causing or was likely to cause death or serious physical harm; and
• There was a feasible and useful method to correct the hazard.

How much is too much?

Factors such as age, health conditions, and activities outside of work all affect the number of hours an employee can work before fatigue becomes a safety concern. In addition, the type of work affects the seriousness of potential injuries, since some jobs are more dangerous than others.

The General Duty Clause applies to hazards likely to cause “death or serious physical harm,” so a fatigued office worker might not generate a citation. However, if a machine operator gets seriously injured after working long hours, OSHA might issue a citation.

Considering the adverse effects of fatigue on both safety and productivity, employers should watch for signs of fatigue and encourage employees to take sick time or vacation if their fatigued condition may pose a threat to themselves or others. Employers can even send employees home if they arrive unfit for work, such as showing up hungover on two hours of sleep. If that employee holds a safety-sensitive position, the worker’s condition might even be a “recognized hazard” that employers are obligated to address.

Key to remember: Employers should evaluate work duties and hours to determine if fatigue might be contributing to increased injuries.