Key questions in industrial stormwater compliance

Key questions in industrial stormwater compliance

2026-03-16T05:00:00Z

Industrial stormwater compliance can feel complex for facilities balancing operations, employees, and shifting permit requirements. Many questions center on the federal general permit, pollution prevention plan expectations, monitoring, and what to do in everyday situations where stormwater risks arise. The following sections summarize core topics and practical concerns.

What is the current status of the federal 2021 Multi-Sector General Permit (MSGP)?

EPA issued the current MSGP in 2021, and it remains in effect beyond its February 28, 2026 expiration until EPA finalizes the proposed 2026 MSGP. Because the proposed 2026 permit is still under review, the 2021 MSGP continues to govern covered facilities.

Why has the proposed 2026 MSGP not taken effect?

EPA released the proposed 2026 MSGP in December 2024. Public comments, including an extended comment period ending May 19, 2025, must be reviewed before finalizing the permit. Since the existing MSGP remains valid until replaced, the 2021 permit stays in force while EPA completes its process.

What is a Stormwater Pollution Prevention Plan (SWPPP)?

A SWPPP outlines how a facility prevents pollutants from reaching stormwater. It identifies pollutant sources, control measures, inspection routines, monitoring steps, and staff training. A SWPPP must be written before submitting a Notice of Intent (NOI) for permit coverage and updated when operations or stormwater risks change.

What are the requirements for authorized state stormwater permits?

Most states issue their own industrial stormwater permits modeled on the federal MSGP. These permits typically require:

Preparation and maintenance of a SWPPP;
Inspections and monitoring (such as benchmark, effluent, or visual monitoring);
Corrective actions when control measures fail; and
Reporting through state online systems.

States may add requirements based on local conditions. When EPA updates the MSGP, states often revise their permits to align with new federal standards.

Who needs coverage under the MSGP?

Industrial facilities that discharge stormwater to waters of the United States generally need permit coverage unless they qualify for a no‑exposure exclusion. The federal MSGP applies in areas where EPA, not the state, holds National Pollutant Discharge Elimination System (NPDES) authority.

How does a facility obtain coverage?

To obtain coverage, a facility must:

Prepare and implement a SWPPP;
Put pollution controls in place, such as good housekeeping and spill prevention;
Identify sector specific requirements based on the permit; and
Submit a Notice of Intent through EPA’s online system.

The proposed 2026 MSGP includes updated forms and appendices, but current requirements remain based on the 2021 version until a new permit is published.

What monitoring is required?

Under the 2021 MSGP, required monitoring may include:

Quarterly visual assessments,
Benchmark monitoring in designated years, and
Effluent limitations monitoring for specific regulated discharges.

The proposed 2026 MSGP would expand per- and polyfluoroalkyl substances (PFAS) sampling, increase benchmark monitoring frequency, and add requirements for impaired waters. These changes remain pending.

What happens if benchmark thresholds are exceeded?

A benchmark exceedance requires the facility to investigate causes, improve control measures, and document actions in the SWPPP. The proposed 2026 MSGP would formalize additional implementation measures and reporting steps, but these wouldn’t apply until the new permit takes effect.

What about common real world compliance scenarios?

Industrial stormwater issues often arise from everyday activities. Consider these examples:

Employees’ vehicles leaking oil in parking lots

Leaks from employee vehicles can contaminate stormwater. While the MSGP does not regulate personal vehicles directly, the facility is responsible for any pollutants that enter stormwater from its property. Good housekeeping practices include absorbent stations, spill kits, drip pans, and designated parking areas with routine inspection.

Nonroutine outdoor maintenance

Temporary outdoor activities such as conducting maintenance, unloading equipment, or staging materials, can introduce pollutants. The SWPPP should address nonroutine tasks by requiring temporary controls like tarps, containment pads, or scheduling activities during dry weather. Documentation of these activities is also part of good recordkeeping.

Outdoor waste storage or scrap piles

These materials should be covered or sheltered, kept away from storm drains, and inspected frequently. If runoff contacts industrial materials, the discharge becomes regulated and must be managed under the permit.

These scenarios reinforce the need for strong housekeeping practices, staff training, and prompt corrective actions.

What documentation must facilities keep?

Facilities must maintain monitoring records, inspection logs, SWPPP updates, and corrective action reports. EPA may request these documents at any time. Appendices in the proposed 2026 MSGP preview updated forms, but the 2021 requirements remain in place for now.

What should facilities do while waiting for the 2026 MSGP?

Facilities should continue full compliance with the 2021 MSGP, track regulatory updates, and prepare for more frequent monitoring and PFAS sampling likely included in the 2026 permit. Reviewing proposed changes now helps facilities plan needed SWPPP updates in advance.

Key to remember: Industrial facilities covered under the 2021 MSGP or a state equivalent must continue following that permit until EPA issues a new federal MSGP. Staying informed, maintaining strong housekeeping, and keeping SWPPP documentation current remain the most effective strategies for compliance.

What is the current status of the federal 2021 Multi-Sector General Permit (MSGP)?

Why has the proposed 2026 MSGP not taken effect?

What is a Stormwater Pollution Prevention Plan (SWPPP)?

What are the requirements for authorized state stormwater permits?

Most states issue their own industrial stormwater permits modeled on the federal MSGP. These permits typically require:

Preparation and maintenance of a SWPPP;
Inspections and monitoring (such as benchmark, effluent, or visual monitoring);
Corrective actions when control measures fail; and
Reporting through state online systems.

States may add requirements based on local conditions. When EPA updates the MSGP, states often revise their permits to align with new federal standards.

Who needs coverage under the MSGP?

How does a facility obtain coverage?

To obtain coverage, a facility must:

Prepare and implement a SWPPP;
Put pollution controls in place, such as good housekeeping and spill prevention;
Identify sector specific requirements based on the permit; and
Submit a Notice of Intent through EPA’s online system.

The proposed 2026 MSGP includes updated forms and appendices, but current requirements remain based on the 2021 version until a new permit is published.

What monitoring is required?

Under the 2021 MSGP, required monitoring may include:

Quarterly visual assessments,
Benchmark monitoring in designated years, and
Effluent limitations monitoring for specific regulated discharges.

What happens if benchmark thresholds are exceeded?

What about common real world compliance scenarios?

Industrial stormwater issues often arise from everyday activities. Consider these examples:

Employees’ vehicles leaking oil in parking lots

Nonroutine outdoor maintenance

Outdoor waste storage or scrap piles

These scenarios reinforce the need for strong housekeeping practices, staff training, and prompt corrective actions.

What documentation must facilities keep?

What should facilities do while waiting for the 2026 MSGP?

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Most Recent Highlights In Environmental

2026-04-28T05:00:00Z

Hazardous waste manifests: Hybrid vs. fully electronic

More industries are embracing the exclusive use of electronic platforms. For example, digital payments are replacing cash, news sites are going fully online, and cloud storage is eclipsing external computer storage. And, based on recent proposed rulemaking, hazardous waste manifests may join the list.

The Environmental Protection Agency (EPA) proposed the Paper Manifest Sunset Rule in March 2026, planning to shift to electronic-only manifests for tracking hazardous waste that’s regulated by the Resource Conservation and Recovery Act (RCRA).

If the proposed rule is finalized, regulated entities will have to track all hazardous waste shipments electronically. Specifically, generators, transporters, and receiving facilities could only use hybrid or fully electronic manifests on the Hazardous Waste Electronic Manifest System (e-Manifest).

So, what are the differences between hybrid and fully electronic manifests? Let’s compare the distinctions and explore some of the benefits that electronic manifests can offer.

What’s a hybrid manifest?

EPA initially established the hybrid manifest for generators that couldn’t fully participate in electronic manifests when the e-Manifest launched in 2018. The hybrid manifest combines paper and electronic manifests, allowing generators that aren’t registered in e-Manifest or don’t have an EPA identification (ID) number to sign printed copies of electronic manifests.

Here’s the general hybrid manifest process:

The first transporter initiates an electronic manifest in e-Manifest. A hard copy of the electronic manifest is printed out, and the generator and initial transporter sign the paper copy.
The generator keeps a signed paper copy on-site. The transporter keeps a signed paper copy with the shipment until it’s delivered to the receiving facility.
From that point forward, the initial transporter and all subsequent waste handlers track the shipment in e-Manifest (using electronic signatures and electronic transmissions).
The manifest is complete when the receiving facility or exporter electronically signs it on e-Manifest.

What’s a fully electronic manifest?

The fully electronic manifest is tracked completely online. All handlers — generators, transporters, and receiving facilities or exporters — must have an EPA ID number and be registered in e-Manifest to use the fully electronic manifest.

The entire process is conducted on e-Manifest:

The manifest is created electronically in e-Manifest.
All handlers electronically sign the manifest in e-Manifest.
The manifest is complete when the receiving facility or exporter electronically signs it on e-Manifest.

What benefits do electronic manifests offer?

Regardless of whether EPA’s rule is finalized as is, electronic manifests offer hazardous waste handlers a range of benefits. Consider the following potential perks.

Compliance with existing regulations

Many handlers are already required to embrace electronic manifesting. In July 2024, EPA finalized the e-Manifest Third Rule, which requires:

Large quantity generators and small quantity generators to register for e-Manifest,
Exporters to submit manifests and continuation sheets to e-Manifest (and pay the associated fees), and
Waste handlers to submit manifest-related reports and data corrections to e-Manifest.

Streamlined recordkeeping for generators

Hazardous waste handlers using e-Manifest automatically meet the recordkeeping requirements to maintain records of manifests (paper or electronic) since the manifests are retained electronically in the system.

This eliminates the need to keep hard copies. It also provides a centralized place where handlers can access these documents at any time.

However, the provision doesn’t apply to generators using hybrid manifests; they must keep the initial paper copies of the electronic manifest for 3 years.

Reduced costs

Embracing electronic manifesting removes the costs associated with printing paper manifests from EPA-approved sources.

Keep in mind, there’s an unavoidable cost for receiving facilities and exporters. These entities have to pay user fees for each manifest they submit to e-Manifest.

Proactive preparation

EPA’s proposed Paper Manifest Sunset Rule would prohibit the use of paper manifests 2 years after the publication of a final rule. Hazardous waste handlers who transition to using only electronic manifests now will be better prepared to comply with future regulations. It gives businesses time to coordinate resources and address any unexpected issues.

Key to remember: Do you know the differences between hybrid and fully electronic hazardous waste manifests? The distinctions could be the difference between compliance and noncompliance.

2026-04-27T05:00:00Z

EPA publishes first round of expiring TSCA CBI claims

The Environmental Protection Agency (EPA) published the first list of expiring Confidential Business Information (CBI) claims for information submitted under the Toxic Substances Control Act (TSCA). The list covers CBI claims that expire from June 22, 2026, to July 31, 2026.

What are expiring CBI claims?

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (which became law in June 2016) set an automatic 10-year expiration for most CBI claims made under TSCA. The first round of claims submitted since the act took effect will expire in June 2026.

EPA allows businesses to request extensions of CBI protection for up to another 10 years.

How do I know if my CBI claims are expiring?

EPA will notify businesses of expiring CBI claims directly through the Central Data Exchange (CDX), the agency's electronic reporting platform.

The agency will also release public lists of upcoming expiring CBI claims monthly on the “CBI Claim Expiration” webpage. EPA encourages businesses to review the lists to verify whether any of their claims are included.

How do I request an extension of expiring CBI claims?

Businesses seeking to extend a CBI claim beyond its expiration date must submit an extension request at least 30 days before the claim expires using the newly launched TSCA Section 14(e) CBI Claim Extension Request application in EPA’s CDX.

Here’s the general process:

EPA notifies the business of an expiring CBI claim directly through CDX and via the public lists on the “CBI Claim Expiration” webpage.
The business submits a request for extension through EPA’s CDX at least 30 days before the CBI claim expires. Requests must comply with the substantiation requirements at 40 CFR 703.5(a) and (b).
EPA reviews the submission and either grants or denies the request.

What are the possible outcomes?

If EPA approves the extension request, the information in the CBI claim will remain protected for up to another 10 years.

If EPA denies the extension request, the agency can publicize the information in the claim 30 days after notifying the submitter in CDX. Additionally, if a business doesn’t submit an extension request at least 30 days before the expiration date, EPA may publicize the information without notifying the submitter.

Key to remember: EPA published the first round of expiring CBI claims for information submitted under TSCA. Businesses must submit extension requests to keep the information protected.

2026-04-24T05:00:00Z

North Dakota establishes AST regulations

Effective date: April 1, 2026

This applies to: Owners and operators of aboveground storage tanks (ASTs) and liquid fuel storage tanks

Description of change: The Department of Environmental Quality adopted technical standards and corrective action requirements for ASTs. The department also approved amendments to the registration dates and fee categories of the Petroleum Tank Release Compensation Fund for liquid fuels storage tanks.

2026-04-24T05:00:00Z

Ohio finalizes sewage sludge amendments

Effective date: March 1, 2026

This applies to: Facilities regulated by the sewage sludge program

Description of change: The Ohio Environmental Protection Agency finalized changes to the sewage sludge program through its 5-year review of the regulations. The approved amendments:

Add professional operator of record requirements for privately owned treatment works;
Increase and add isolation distances for facilities;
Prohibit beneficial use of biosolids within a vulnerable hydrogeological setting;
Remove dioxin monitoring requirements; and
Add requirements for beneficial user certification (including the application and examination process, recordkeeping requirements, and reasons for suspending or revoking a certification).

2026-04-24T05:00:00Z

New Mexico adopts Clean Transportation Fuel Program rules

Effective date: April 1, 2026

This applies to: Transportation fuel produced in, imported into, or dispensed for use in New Mexico

Description of change: The New Mexico Environment Department finalized regulations to implement the Clean Transportation Fuel Program (CTFP) to reduce the carbon intensity of transportation fuel (including gasoline and diesel). The program covers transportation fuel producers, importers, and dispensers.

The CTFP:

Establishes annual statewide carbon intensity standards that apply to transportation fuel (e.g., gasoline and diesel) produced, imported, and dispensed for use in New Mexico;
Allocates credits and calculates deficits for regulated entities based on the fuel’s carbon intensity; and
Sets up a marketplace for selling and purchasing credits to comply with the carbon intensity standards.

The first compliance period runs from April 1, 2026, to December 31, 2027. The first compliance period report is due by April 30, 2028. Annual compliance reports will be due by April 30 for the previous calendar year.

Most Recent Highlights In Transportation

2026-04-24T05:00:00Z

Maine lists materials covered for packaging stewardship program

Effective date: March 3, 2026

This applies to: Entities subject to the Stewardship Program for Packaging Regulations

Description of change: The Maine Department of Environmental Protection’s amendments to the Stewardship Program for Packaging Regulations (06-096 C.M.R. Chapter 428) include:

Aligning the rules with changes made by An Act to Improve Recycling by Updating the Stewardship Program for Packaging (L.D. 1423), and
Adding Appendix A — The Packaging Material Types List to the Stewardship Program for Packaging Regulations.

L.D. 1423:

Excludes certain commercial, cosmetic, medical, environmental, dangerous, hazardous, and flammable product packaging from the program requirements;
Excludes packaging of products related to public health and water quality testing from the program requirements;
Requires the department to adopt a process for approving a producer payment system; and
Updates definitions for clarity.

Appendix A defines packaging material and designates the material types readily recyclable as applicable. It may also designate materials as compostable or reusable.

2026-04-24T05:00:00Z

California adopts permanent illegal disposal rules

Effective date: March 4, 2026

This applies to: Entities that handle, transfer, compost, transform, or dispose of solid waste

Description of change: CalRecycle made permanent the current illegal disposal emergency regulations, allowing enforcement agencies to take action against any person who illegally disposes of solid waste.

The rule also:

Adds the land application activities to the regulations, making the activities subject to the permitting tier structure and associated requirements (i.e., operator filing requirements, state minimum standards, recordkeeping, and enforcement agency inspection requirements); and
Amends sampling and recordkeeping for solid waste facilities, operations, and activities.

2026-04-24T05:00:00Z

West Virginia establishes fee schedule for UIC Program

Effective date: March 4, 2026

This applies to: Underground Injection Control (UIC) Program permittees

Description of change: This rule establishes the schedules of fees for carbon dioxide capture and sequestration authorized by the West Virginia Department of Environmental Protection’s (WVDEP’s) Division of Water and Waste Management.

EPA granted primacy to the WVDEP to implement the UIC Program for Class VI wells in February 2025.

2026-04-24T05:00:00Z

Colorado extends timeline to comply with GHG intensity targets

Effective date: April 14, 2026

This applies to: Small operators in the oil and gas sector

Description of change: The Colorado Air Quality Control Commission revised the intensity targets for reducing greenhouse gas (GHG) emissions for small oil and gas operators (those with less than 45 thousand barrels of oil equivalent (kBOE) production in 2025). The commission extended the first deadline to 2030 for small operators to meet applicable intensity requirements.

However, small operators must still submit the intensity plan for the 2027 targets, which is due by June 30, 2026.

2026-04-24T05:00:00Z

Colorado finalizes state dredge and fill permit regulations

Effective date: March 30, 2026

This applies to: Projects that require preconstruction notification or compensatory mitigation

Description of change: The Colorado Water Quality Control Division finalized rules for implementing a state dredge and fill discharge authorization program established by HB24-1379. The program covers state waters that aren’t subject to federal dredge and fill permitting requirements under Section 404 of the Clean Water Act.

The division will continue issuing Temporary Authorizations until August 31, 2026. After that, applicants must apply for coverage under General Authorizations. The division already accepts applications for Individual Authorizations.

Related state info: Construction water permitting — Colorado

Most Recent Highlights In Safety & Health

2026-04-24T05:00:00Z

New York adds wastewater cybersecurity rules

Effective date: March 26, 2026

This applies to: Wastewater treatment facilities

Description of change: The New York State Department of Environmental Conservation added cybersecurity regulations for wastewater treatment facilities. The rules:

Require all State Pollutant Discharge Elimination System (SPDES) permittees to report cybersecurity incidents,
Require publicly owned treatment works (POTWs) to establish, maintain, and implement an Emergency Response Plan and certify compliance with the provisions annually by March 28;
Establish baseline cybersecurity control requirements;
Add network monitoring and logging for certain POTWs with design flows of 10 million+ gallons per day; and
Require wastewater treatment plant operators to complete a minimum number of training hours within their existing required hours on cybersecurity to renew certification every 5 years.

2026-04-24T05:00:00Z

California permanently adopts EPA’s conditional exemption for airbag waste

Effective date: March 6, 2026

This applies to: Airbag waste handlers and transporters

Description of change: The California Department of Toxic Substances Control permanently adopted the Environmental Protection Agency’s (EPA’s) interim final rule that allows airbag waste handlers and transporters to meet less stringent hazardous waste requirements (e.g., not manifesting the waste) if they meet certain conditions. Once the airbag waste is received at a collection facility or designated facility for proper disposal, it must be managed as hazardous waste.

The scope of the rule applies to all airbag waste, including recalled airbag inflators.

Related state info: Hazardous waste generators — California

2026-04-24T05:00:00Z

New Jersey extends polystyrene foam exemption

Effective date: March 12, 2026

This applies to: Certain polystyrene foam food service products

Description of change: The New Jersey Department of Environmental Protection extended the exemption from the Single-Use Paper and Plastic Carryout Bags and Polystyrene Foam Food Service Products Rules for certain polystyrene foam products from May 4, 2026, to May 4, 2027. It applies to these polystyrene foam products:

Trays used for raw or butchered meat or fish that’s sold from a refrigerator or similar retail appliance;
Food products pre-packaged by the manufacturer in a polystyrene foam food service product;
Polystyrene foam food service products that are used for the health or safety of hospital, nursing home, or correctional facility patients or residents; and
Any other polystyrene foam food service product as determined needed by the department.

2026-04-16T05:00:00Z

Effluent limitations: FAQs for direct dischargers of industrial wastewater

Facilities across the country conduct industrial activities that generate wastewater containing pollutants and then release it directly into nearby surface waters, such as streams, rivers, or lakes. However, before any industrial wastewater can be discharged from a site, the facility must obtain a National Pollutant Discharge Elimination System (NPDES) permit.

The Environmental Protection Agency (EPA) uses effluent limitations as the primary method to regulate direct discharges of industrial wastewater into waters of the United States. These restrictions are incorporated into NPDES permits.

Meeting effluent limitations is the key to compliance with NPDES permits. But like other environmental regulations, these standards can get complex quickly without a solid foundation of understanding. We’ve compiled common FAQs to help you become fluent in effluent limitations.

What’s effluent?

There’s no specific statutory or regulatory definition of “effluent.” Thankfully, a 1997 document from EPA entitled Terms of Environment: Glossary, Abbreviations, and Acronyms, Revised December 1997 (EPA 175-B-97-001) provides clarity, defining effluent as “wastewater — treated or untreated — that flows out of a treatment plant, sewer, or industrial outfall.”

What’s the difference between effluent guidelines and limitations?

There are subtle but important distinctions between these two terms.

Effluent guidelines (also known as effluent limitations guidelines and standards or ELGs) are the national industrial wastewater discharge standards established by EPA for all facilities in an industrial category.

The federal agency develops effluent guidelines based on the performance of the best available technology that’s economically achievable for an industry. Notably, effluent guidelines are technology-based; they’re not based on risk or impacts to receiving waters (i.e., water quality-based).

Federal effluent guidelines (40 CFR Subchapter N) for direct dischargers of industrial wastewater are implemented through the NPDES permitting program.

Effluent limitations are any restrictions imposed “on quantities, discharge rates, and concentrations of pollutants” from industrial wastewater discharges (122.2). Simply put, effluent limitations are the specific numeric and non-numeric requirements developed for facilities to comply with the effluent guidelines. Unlike effluent guidelines, effluent limitations may be both technology- and water quality-based.

Most states issue NPDES permits, except for the District of Columbia, Massachusetts, New Hampshire, and New Mexico, where EPA serves as the permitting authority. The permit writer develops effluent limitations for NPDES permits and issues them to facilities. The permit may be general (covering multiple facilities with similar operations and discharges) or individual (customized with site-specific conditions).

What’s the bottom line? Effluent guidelines aren’t directly enforceable permit conditions, whereas effluent limitations are.

What are the types of effluent limitations?

Two categories of effluent limitations may appear in NPDES permits:

Technology-based effluent limitations (TBELs), and
Water quality-based effluent limitations (WQBELs).

TBELs are based on available treatment technologies and require facilities to meet a minimum level of treatment of pollutants in wastewater discharges.

WQBELs apply only when TBELs aren’t enough to achieve water quality standards. States develop total maximum daily loads (TMDLs). A TMDL is the maximum amount of a pollutant that can be discharged into a waterbody while still meeting the water quality standards. Specific portions of the TMDL are then allotted to permitted facilities (called wasteload allocation). Facilities can’t release more than their allocated amounts.

Any applicable wasteload allocations are incorporated into a facility’s NPDES permit.

Do facilities have to use specific control technologies?

Although EPA’s effluent guidelines are based on the use of a specific control technology, facilities aren’t required to install the same technology system. As long as they comply with the standards, facilities may implement other treatment technologies.

Key to remember: Understanding effluent limitations is key to complying with industrial wastewater discharge permits.

2026-04-16T05:00:00Z

EPA proposes major changes to coal combustion residuals rules

The Environmental Protection Agency (EPA) published a proposed rule on April 13, 2026, to revise the existing regulations governing the disposal of coal combustion residuals (CCR) in landfills and surface impoundments as well as the beneficial use of CCR.

Who’s impacted?

The proposed rule affects coal-fired electric utilities and independent power producers subject to the CCR disposal and beneficial use regulations at 40 CFR Part 257.

What are the changes?

Significant changes the EPA proposes include:

Adding an option for facilities to certify the closure of legacy CCR surface impoundments by CCR removal that were closed before November 8, 2024, under regulatory oversight;
Expanding the eligibility criteria for facilities to defer CCR closure requirements until site-specific determinations are made for legacy surface impoundments that were closed before November 8, 2024, under regulatory oversight;
Exempting CCR dewatering structures (used to dewater CCR waste for the disposal of CCR elsewhere) from federal CCR regulations (Part 257);
Rescinding all CCR management unit (CCRMU) requirements or revising the existing CCRMU regulations;
Allowing permit authorities to make site-specific determinations regarding certain requirements during permitting for CCR units complying with federal CCR groundwater monitoring, corrective action, and closure requirements under a federal or an approved-state CCR permit; and
Revising the beneficial use requirements by:
- Removing the environmental demonstration requirement for non-roadway use of more than 12,400 tons of unencapsulated CCR; and
- Excluding these beneficial uses from federal CCR regulations (Part 257):
  - CCR used in cement manufacturing at cement kilns,
  - Flue gas desulfurization (FGD) gypsum used in agriculture, and
  - FGD gypsum used in wallboard.

Key to remember: EPA plans to make significant amendments to the coal combustion residuals requirements.

Most Recent Highlights In Human Resources

2026-04-14T05:00:00Z

What to know about the EPA’s proposed manifest sunset rule

The U.S. Environmental Protection Agency (EPA) is taking another major step toward modernizing hazardous waste tracking. The Agency’s proposed “manifest sunset rule” would officially phase out paper hazardous waste manifests and require the exclusive use of the e-Manifest system. For employers, especially those generating or managing hazardous waste, it’s a fundamental shift in how waste shipments are documented, tracked, and audited.

Since 2018, EPA’s e-Manifest system has been available as a digital alternative to paper manifests. Over the years, the agency has added requirements pushing the industry toward adoption, including mandatory registration and electronic data submission. But despite those efforts, many companies have continued to rely on paper manifests, either out of habit, convenience, or because parts of their waste chain weren’t ready to go digital. EPA even states in the proposed rule that less than one percent of all e-manifest users have completely switched to digital manifest. The proposed sunset rule is designed to close that gap. Once finalized, it would set a firm deadline (24 months) after which paper manifests would no longer be allowed.

Why EPA wants to eliminate paper manifests

EPA’s reasoning is pretty straightforward. Paper manifests are slower, easier to lose, and more prone to errors. They rely on manual handling and delayed processing, which can create gaps in tracking and compliance. A fully electronic system, on the other hand, allows for real-time visibility, standardized data entry, and faster correction of mistakes. It also gives regulators a clearer, more immediate picture of what’s happening across the entire waste life cycle.

Addressing one of the biggest digital barriers: signatures

One overlooked part of the proposed rule is how EPA is trying to solve one of the biggest barriers to going fully digital, which is signatures in the field. Anyone who has dealt with manifests knows that the weak point is often the hand-off between the generator and the transporter, especially when drivers don’t have system access or reliable connectivity. To address that, EPA is proposing new functionality that would allow users to sign manifests using quick response (QR) codes or even short message service (SMS). In practice, this could mean a driver scans a QR code or receives a text prompt, then completes the signature process directly from their phone. So, no login or full system access needed. EPA is also exploring the ability to use SMS and QR-based tools to make updates to manifest data without needing full system permissions. That’s a big deal operationally, because it removes one of the most common bottlenecks in needing a registered user at a specific site to make even minor corrections.

Operational challenges companies should expect

With that said, moving to a fully digital system still comes with potential issues. It requires coordination across your entire operation. Generators, transporters, and disposal facilities all have to be aligned and capable of using the system effectively. If one party in that chain struggles, it can create delays or compliance issues for everyone involved. There’s also an upfront investment to consider. Companies may need to upgrade internal systems, ensure reliable connectivity, and train employees in new work processes. For organizations with multiple sites or field operations, which can take some planning. But over time, many of those burdens are expected to decrease. Electronic signatures, reusable templates, and centralized record-keeping can significantly reduce administrative work.

One of the biggest shifts employers will notice is the level of visibility. With paper manifests, there’s often a lag between shipment and final documentation. In a digital system, that lag disappears. Information becomes available almost immediately, and regulators have access to the same data. That means errors or discrepancies are easier to find and harder to ignore.

The good news is that companies don’t have to wait for the final rule to start preparing. Taking a close look at your current manifest process is a good first step. If paper is still a major part of your workflow, that’s a clear signal that changes are coming. Making sure your e-Manifest account is fully set up and that employees understand how to use it, will go a long way in avoiding future disruptions.

Keys to remember: The EPA’s proposed Paper Manifest Sunset Rule would set a firm date to phase out paper hazardous waste manifests and require that all covered shipments be tracked through the agency’s electronic e‑Manifest system, in which the Agency says will improve hazardous‑waste tracking and transparency while reducing administrative burden and saving regulated entities roughly $28.5 million per year.

2026-04-13T05:00:00Z

How incinerators are permitted: A look at the regulatory framework and EPA’s new streamlining proposal

Incinerators in the United States operate under a complex permitting framework designed to protect air quality, public health, and the environment. Under the Clean Air Act (CAA), facilities that burn waste must meet strict emission standards, maintain operating controls, and follow extensive monitoring and reporting rules. These requirements ensure that incineration, while a valuable tool for waste management, wildfire mitigation, and disaster recovery, remains safe and consistent with federal air quality objectives. Against this backdrop, the Environmental Protection Agency (EPA) recently proposed a rule to streamline permitting for specific types of incinerators used in wildfire prevention and disaster cleanup, a move that could reduce delays for state and local governments.

The regulatory basis for incinerator permitting

Most incinerators fall under Section 129 of the CAA, which mandates EPA to establish performance standards and emission guidelines for categories of solid waste combustion units. These standards govern pollutants such as particulate matter, carbon monoxide, sulfur dioxide, nitrogen oxides, lead, cadmium, mercury, hydrogen chloride, and dioxins/furans. Operators must also conduct emissions testing, maintain continuous monitoring equipment, track operational parameters, and submit regular compliance reports.

Permitting generally occurs through Title V operating permits, which consolidate all applicable air quality requirements into a single enforceable document. A Title V permit typically requires annual certifications, detailed recordkeeping, periodic emissions tests, and reporting of deviations. While the Title V program doesn't impose new standards, it ensures that incinerators comply with all existing federal and state air quality rules.

Different categories of incinerators, such as large municipal waste combustors (LMWC), small municipal waste combustors (SMWC), commercial and industrial solid waste incinerators (CISWI), and other solid waste incinerators (OSWI), have distinct requirements. These subcategories reflect variations in unit size, waste composition, and operational design, and each has its own subpart under EPA’s air quality regulations.

Air curtain incinerators: A special case

Air curtain incinerators (ACIs), which burn wood waste, yard debris, and clean lumber, occupy a niche segment of the permitting landscape. They use a mechanized “curtain” of air to increase combustion efficiency and reduce particulate emissions compared to open burning. However, their regulatory treatment has historically been inconsistent.

Because ACIs fit partly within several existing subparts, operators often face confusion about which monitoring, opacity limits, and reporting duties apply. Overlap across four regulatory categories can create delays, particularly during emergencies when ACIs are deployed to remove vegetative fuels that increase wildfire risk or to process debris after storms.

EPA’s emergent focus on streamlining

In March 2026, EPA announced a proposal to consolidate the regulatory requirements for ACIs used solely to burn wood-derived materials into a single subpart under Section 129 of the CAA. The proposal would also allow these ACIs to operate without a Title V permit unless located at a facility that otherwise requires one.

EPA stated that the change would “cut red tape” and provide clarity for state, local, and Tribal governments, allowing them to respond more effectively to natural disasters and conduct wildfire mitigation activities without unnecessary administrative delays. The agency emphasized that unprocessed debris contributes to poor air and water quality and poses safety risks, particularly in post disaster environments.

Context: Broader federal actions on disaster-related incineration

The proposal follows earlier federal steps to ease the temporary use of incinerators during emergencies. In 2025, EPA issued an interim final rule permitting CISWI units to burn nonhazardous disaster debris for up to 8 weeks without prior EPA approval, a provision intended to accelerate cleanup after hurricanes, wildfires, and floods. These units must still operate their pollution control equipment, and extensions beyond 8 weeks require EPA authorization.

Such measures reflect the increasing volume of debris associated with severe weather events and the need for rapid, environmentally sound disposal mechanisms. The current proposal for ACIs builds on these efforts by targeting the specific regulatory bottlenecks associated with vegetative and wood waste disposal.

Looking ahead

EPA’s streamlined permitting proposal doesn't alter emission standards but rather clarifies and simplifies administrative pathways. If finalized, it may make ACIs more accessible during periods of heightened wildfire risk and in the critical early stages of disaster recovery.

Key to remember: At its core, the permitting system for incinerators aims to balance environmental protection with operational flexibility. The new proposal underscores EPA’s recognition that, in emergency contexts, speed matters but so does environmental stewardship.

2026-04-13T05:00:00Z

EPA delays TSCA Section 8(a)(7) PFAS reporting timeline again

On April 13, 2026, the Environmental Protection Agency (EPA) published a final rule that further delays the submission period for the one-time report required of manufacturers on per- and polyfluoroalkyl substances (PFAS) by the PFAS Reporting and Recordkeeping Rule (PFAS Reporting Rule).

This final rule pushes the starting 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 is earlier.

Who’s impacted?

Established under Toxic Substances Control Act (TSCA) Section 8(a)(7), the PFAS Reporting Rule (40 CFR Part 705) requires any business that manufactured (including imported) any PFAS or PFAS-containing article between 2011 and 2022 to report. Covered manufacturers and importers must submit information on:

Chemical identity, uses, and volumes made and processed;
Byproducts;
Environmental and health effects;
Worker exposure; and
Disposal.

What’s the new timeline?

The opening submission period was moved from April 13, 2026, to either 60 days after the effective date of a future final PFAS Reporting Rule or January 31, 2027, whichever is earlier.

Most manufacturers have 6 months to submit the report. Small manufacturers reporting only as importers of PFAS-containing articles have 1 year.

TSCA Section 8(a)(7) PFAS Reporting Rule submission period
	Start date	End date
Most manufacturers	60 days from effective date of final PFAS Reporting Rule or January 31, 2027 (whichever is earlier)	6 months from start date or July 31, 2027 (whichever is earlier)
Small manufacturers reporting solely as PFAS article importers	60 days from effective date of final PFAS Reporting Rule or January 31, 2027 (whichever is earlier)	1 year from start date or January 31, 2028 (whichever is earlier)

Why the delay?

In November 2025, the agency proposed updates to the PFAS Reporting Rule. EPA has delayed the reporting period to give the agency time to issue a final rule (expected later this year).

Key to remember: EPA has delayed the starting submission deadline for the TSCA Section 8(a)(7) PFAS Reporting Rule from April 2026 to no later than January 2027.

2026-04-10T05:00:00Z

EPA amends specific oil and gas emission standards

On April 9, 2026, the Environmental Protection Agency (EPA) published a final rule that makes technical changes to the emission standards established in March 2024 (2024 Final Rule) for crude oil and natural gas facilities. This rule (2026 Final Rule) amends the requirements for:

Temporary flaring of associated gas, and
Vent gas net heating value (NHV) monitoring provisions for flares and enclosed combustion devices (ECDs).

Who’s impacted?

The 2026 Final Rule affects new and existing oil and gas facilities. Specifically, it applies to the regulations for the Crude Oil and Natural Gas source category, including the:

New Source Performance Standards at 40 CFR 60 Subpart OOOOb, and
Emission guidelines at 60 Subpart OOOOc.

These emission standards are commonly referred to as OOOOb/c.

What are the changes?

The 2026 Final Rule implements technical changes to the temporary flaring and vent gas NHV monitoring requirements set by the 2024 Final Rule.

Temporary flaring

The rule extends the baseline time limit for temporary flaring of associated gas at well sites in certain situations (like conducting repairs or maintenance) from 24 to 72 hours. Owners and operators must stop temporary flaring as soon as the situation is resolved or the temporary flaring limit is reached (whichever happens first).

It also grants allowances beyond the 72-hour limit if exigent circumstances occur (such as severe weather that prevents safe access to a well site to address an emergency or maintenance issue) and there’s a need to extend duration for repairs, maintenance, or safety issues. Owners and operators must keep records of exigent circumstances and include the information in their annual reports.

NHV monitoring

For new and existing sources, the 2026 Final Rule exempts all flare types (unassisted and assisted) and ECDs from monitoring due to high NHV content, except when inert gases are added to the process streams or for other scenarios that decrease the NHV content of the inlet stream gas. In these cases, EPA requires NHV monitoring via continuous monitoring or the alternative performance test (sampling demonstration) option for all flares and ECDs.

Other significant changes include:

Replacing the general exemption from NHV monitoring for associated gas for any control device used at well site affected facilities with NHV monitoring requirements,
Granting operational pauses during weekends and holidays for the consecutive 14-day sampling demonstration requirements (limiting it to no more than 3 operating days from the previous sampling day), and
Permitting less than 1-hour sampling times for twice daily samples where low or intermittent flow makes it infeasible (as long as owners and operators report the sampling time used and the reason for the reduced time).

The 2026 Final Rule takes effect on June 8, 2026.

Key to remember: EPA’s technical changes to the emission standards for oil and gas facilities apply to temporary flaring provisions and vent gas NHV monitoring requirements.

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!

New Network Poll

§571.305a Standard No. 305a; electric-powered vehicles: Electric powertrain integrity; mandatory applicability begins on September 1, 2027.

S1. Scope. This standard specifies requirements for protection from harmful electric shock, fire, explosion, and gas venting during normal vehicle operation and during and after a crash.

S2. Purpose. The purpose of this standard is to reduce deaths and injuries during normal vehicle operations and during and after a crash that occur because of electrolyte leakage, intrusion of electric energy storage/conversion devices into the occupant compartment, electric shock, fire, explosion, and gas venting, including deaths and injuries due to driver error.

S3. Application. (a) This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses that use electrical propulsion components with working voltages greater than 60 volts direct current (VDC) or 30 volts alternating current (VAC), and whose speed attainable over a distance of 1.6 km on a paved level surface is more than 40 km/h.

(b) Mandatory applicability begins September 1, 2027, for vehicles with a gross vehicle weight rating of 4,536 kilograms (kg) or less and September 1, 2028, for vehicles with a gross vehicle weight rating over 4,536 kg. Small-volume manufacturers, final-stage manufacturers, and alterers are provided an additional year to comply with the requirements beyond the dates identified in this paragraph (b).

S4. Definitions.

Active driving possible mode

means the vehicle mode when application of pressure to the accelerator pedal (or activation of an equivalent control) or release of the brake system causes the electric power train to move the vehicle.

Automatic disconnect

means a device that when triggered, conductively separates a high voltage source from the electric power train or the rest of the electric power train.

Breakout harness

means connector wires that are connected for testing purposes to the REESS on the traction side of the automatic disconnect.

Capacitor

means a device used to store electrical energy, consisting of one or more pairs of conductors separated by an insulator: x-capacitors are connected between electrical mains or neutral and y-capacitors are connected between a main to ground.

Charge connector

is a conductive device that, by insertion into a vehicle charge inlet, establishes an electrical connection of the vehicle to an external electric power supply for the purpose of transferring energy.

Chassis dynamometer

means a mechanical device that uses one or more fixed roller assemblies to simulate different road conditions within a controlled environment and is used for a wide variety of vehicle testing.

Connector

means a device providing mechanical connection and disconnection of high voltage electrical conductors to a suitable mating component, including its housing.

n C Rate

means the constant current of the REESS, which takes 1/n hours to charge or discharge the REESS between 0 and 100 percent state of charge.

Direct contact

is the contact of any person or persons with high voltage live parts.

Electric energy storage device

means a high voltage source that stores energy for vehicle propulsion. This includes, but is not limited to, a high voltage battery or battery pack, rechargeable energy storage device, and capacitor module.

Electric energy storage/conversion device

means a high voltage source that stores or converts energy for vehicle propulsion. This includes, but is not limited to, a high voltage battery or battery pack, fuel cell stack, rechargeable energy storage device, and capacitor module.

Electric energy storage/conversion system

means an assembly of electrical components that stores or converts electrical energy for vehicle propulsion. This includes, but is not limited to, high voltage batteries or battery packs, fuel cell stacks, rechargeable energy storage systems, capacitor modules, inverters, interconnects, and venting systems.

Electric power train

means an assembly of electrically connected components which includes, but is not limited to, electric energy storage/conversion systems and propulsion systems.

Electrical chassis

means conductive parts of the vehicle whose electrical potential is taken as reference and which are:

(1) Conductively linked together, and

(2) Not high voltage sources during normal vehicle operation.

Electrical isolation

of a high voltage source in the vehicle means the electrical resistance between the high voltage source and any of the vehicle's electrical chassis divided by the working voltage of the high voltage source.

Electrical protection barrier

is the part providing protection against direct contact with high voltage live parts from any direction of access.

Electrolyte leakage

means the escape of liquid electrolyte from the REESS.

Exposed conductive part

is a conductive part that can be touched under the provisions of the IPXXB protection degree and that is not normally energized, but that can become electrically energized under isolation fault conditions. This includes parts under a cover if the cover can be removed without using tools.

External charging mode

means the vehicle mode when the REESS is charging with external electric power supply connected through the charge connector to the vehicle charge inlet.

External electric power supply

is a power supply external to the vehicle that provides electric power to charge the electric energy storage device in the vehicle through the charge connector.

Fuel cell system

is a system containing the fuel cell stack(s), air processing system, fuel flow control system, exhaust system, thermal management system, and water management system.

High voltage live part

means a live part of a high voltage source.

High voltage source

means any electric component which is contained in the electric power train or conductively connected to the electric power train and has a working voltage greater than 30 VAC or 60 VDC.

Indirect contact

is the contact of any person or persons with exposed conductive parts.

Live part

is a conductive part of the vehicle that is electrically energized under normal vehicle operation.

Luggage compartment

is the space in the vehicle for luggage accommodation, separated from the passenger compartment by the front or rear bulkhead and bounded by a roof, hood or trunk lid, floor, and side walls, as well as by electrical protection barriers provided for protecting the occupants from direct contact with high voltage live parts.

Normal vehicle operation

includes operating modes and conditions that can reasonably be encountered during typical operation of the vehicle, such as driving, parking, and standing in traffic, as well as charging using chargers that are compatible with the specific charging ports installed on the vehicle. It does not include conditions where the vehicle is damaged, either by a crash or road debris, subjected to fire or water submersion, or in a state where service and/or maintenance is needed or being performed.

Parking mode

is the vehicle mode in which the vehicle power is turned off, the vehicle propulsion system and ancillary equipment such as the radio are not operational, and the vehicle is stationary.

Passenger compartment

is the space for occupant accommodation that is bounded by the roof, floor, side walls, doors, outside glazing, front bulkhead and rear bulkhead or rear gate, as well as electrical protection barriers provided for protecting the occupants from direct contact with high voltage live parts.

Propulsion system

means an assembly of electric or electro-mechanical components or circuits that propel the vehicle using the energy that is supplied by a high voltage source. This includes, but is not limited to, electric motors, inverters/converters, and electronic controllers.

Protection degree IPXXB

is protection from contact with high voltage live parts. It is tested by probing electrical protection barriers with the jointed test finger probe, IPXXB, in figure 7b to this standard.

Protection degree IPXXD

is protection from contact with high voltage live parts. It is tested by probing electrical protection barriers with the test wire probe, IPXXD, in figure 7a to this standard.

Rechargeable Electrical Energy Storage System (REESS)

means the rechargeable electric energy storage system that provides electric energy for electrical propulsion.

Rupture

means an opening through the casing of the REESS that would permit the IPXXB test probe to penetrate and contact live parts.

Service disconnect

is the device for deactivation of an electrical circuit when conducting checks and services of the vehicle electrical propulsion system.

State of charge (SOC)

means the available electrical charge in a REESS expressed as a percentage of the normal operating capacity specified by the vehicle manufacturer.

Thermal event

means the condition when the temperature within the REESS is significantly higher than the maximum operating temperature.

Thermal runaway

means an uncontrolled increase of cell temperature caused by exothermic reactions inside the cell.

Thermal propagation

means the sequential occurrence of thermal runaway within a REESS triggered by thermal runaway of a cell in the REESS.

VAC

means volts of alternating current (AC) expressed using the root mean square value.

VDC

means volts of direct current (DC).

Vehicle charge inlet

is the device on the electric vehicle into which the charge connector is inserted for the purpose of transferring energy and exchanging information from an external electric power supply.

Venting

means the release of excessive internal pressure from cell or battery in a manner intended by design to preclude rupture or explosion.

Working voltage

means the highest root mean square voltage of the voltage source, which may occur across its terminals or between its terminals and any conductive parts in open circuit conditions or under normal operating conditions.

S5. General requirements.

S5.1 Vehicles of GVWR of 4,536 kilograms (kg) or less (light vehicles). Each vehicle with a GVWR of 4,536 kg or less shall meet the requirements set forth in S6 (normal vehicle operation safety), S8 (post-crash safety), S11 (vehicle controls managing REESS safe operations), S13 (warning in the case of thermal event in REESS), and S14 (water exposure safety) of this standard.

S5.2 Vehicles with a GVWR greater than 4,536 kg other than school buses (heavy vehicles other than school buses). Each heavy vehicle with a GVWR greater than 4,536 kg, other than school buses, shall meet the requirements set forth in S6 (normal vehicle operation safety), S11 (vehicle controls managing REESS safe operations), S13 (warning in the case of thermal event in REESS), and S14 (water exposure safety) of this standard.

S5.3 School buses with a GVWR greater than 4,536 kg. Each school bus with a GVWR greater than 4,536 kg shall meet the requirements set forth in S6 (normal vehicle operation safety), S8 (post-crash safety), S11 (vehicle controls managing REESS safe operations), S13 (warning in the case of thermal event in REESS), and S14 (water exposure safety) of this standard.

S6. Normal vehicle operation safety. Each vehicle to which this standard applies must meet the requirements in S6.1 to S6.6 of this standard, when tested according to the relevant provisions in S7 of this standard.

S6.1 Protection against direct contact.

S6.1.1 Marking. The symbol shown in figure 6 to this standard shall be present on or near electric energy storage devices. The symbol in figure 6 shall also be visible on electrical protection barriers which, when removed, expose live parts of high voltage sources. The symbol shall be yellow and the bordering and the arrow shall be black.

S6.1.1.1 The marking is not required for electrical protection barriers that cannot be physically accessed, opened, or removed without the use of tools. Markings are not required for electrical connectors or the vehicle charge inlet.

S6.1.2 High voltage cables. Cables for high voltage sources which are not located within electrical protection barriers shall be identified by having an outer covering with the color orange.

S6.1.3 Service disconnect. For a service disconnect which can be opened, disassembled, or removed without tools, protection degree IPXXB shall be provided when tested under procedures specified in S7.3.1 of this standard using the IPXXB test probe shown in figures 7a and 7b to this standard.

S6.1.4 Protection degree of high voltage live parts. (a) Protection degree IPXXD shall be provided for high voltage live parts inside the passenger or luggage compartment when tested according to the procedures specified in S7.3.1 of this standard using the IPXXD test probe shown in figure 7a to this standard.

(b) Protection degree IPXXB shall be provided for high voltage live parts in areas other than the passenger or luggage compartment when tested according to the procedures specified in S7.3.1 of this standard using the IPXXB test probe shown in figures 7a and 7b to this standard. High voltage live parts that are not energized except during charging of the REESS are excluded from protection degree IPXXB if they are located on the vehicle roof such that the wrap around distance from the instep of the vehicle, or the lowest step (if multiple steps are present) of the vehicle, to the high voltage source is at least 3 meters.

S6.1.5 Connectors. All connectors shall provide direct contact protection by:

(a) Meeting the requirements specified in S6.1.4 when the connector is connected to its corresponding mating component; and,

(b) If a connector can be separated from its mating component without the use of a tool, meeting at least one of the following conditions from S6.1.5(b)(1), (2), or (3):

(1) The connector meets the requirements of S6.1.4 when separated from its mating component;

(2) The voltage of the live parts becomes less than or equal to 60 VDC or 30 VAC within one second after the connector is separated from its mating component; or

(3) The connector requires at least two distinct actions to separate from its mating component and there are other components that must be removed in order to separate the connector from its mating component and these other components cannot be removed without the use of tools.

S6.1.6 Vehicle charge inlet. Direct contact protection for a vehicle charge inlet shall be provided by meeting the requirements specified in S6.1.4 when the charge connector is connected to the vehicle inlet and by meeting at least one of the requirements of S6.1.6(a) or (b).

(a) The vehicle charge inlet meets the requirements of S6.1.4 when the charge connector is not connected to it; or

(b) The voltage of the high voltage live parts becomes equal to or less than 60 VDC or equal to or less than 30 VAC within 1 second after the charge connector is separated from the vehicle charge inlet.

S6.2 Protection against indirect contact.

S6.2.1 The resistance between all exposed conductive parts of electrical protection barriers and the electrical chassis shall be less than 0.1 ohms when tested according to the procedures specified in S7.3.2 of this standard.

S6.2.2 The resistance between any two simultaneously reachable exposed conductive parts of the electrical protection barriers that are less than 2.5 meters from each other shall be less than 0.2 ohms when tested according to the procedures specified in S7.3.2 of this standard.

S6.3 Electrical isolation.

S6.3.1 Electrical isolation of AC and DC high voltage sources. The electrical isolation of a high voltage source, determined in accordance with the procedure specified in S7.2 of this standard, must be greater than or equal to one of the following:

(a) 500 ohms/volt for an AC high voltage source;

(b) 100 ohms/volt for an AC high voltage source if it is conductively connected to a DC high voltage source, but only if the AC high voltage source meets the requirements for protection against direct contact in S6.1.4 and the protection from indirect contact in S6.2; or

S6.3.2 Exclusion of high voltage sources from electrical isolation requirements. A high voltage source that is conductively connected to an electric component which is conductively connected to the electrical chassis and has a working voltage less than or equal to 60 VDC, including a pulsating DC voltage source without a change in polarity, is not required to meet the electrical isolation requirements in S6.3.1 if the voltage between the high voltage source and the electrical chassis is less than or equal to 30 VAC or 60 VDC.

S6.3.3 Electrical isolation of high voltage sources for charging the electric energy storage device. For the vehicle charge inlet intended to be conductively connected to the AC external electric power supply, the electric isolation between the electrical chassis and the high voltage sources that are conductively connected to the vehicle charge inlet during charging of the electric energy storage device shall be greater than or equal to 500 ohms/volt when the charge connector is disconnected. The electrical isolation is measured at the high voltage live parts of the vehicle charge inlet and determined in accordance with the procedure specified in S7.2 of this standard. During the measurement, the electric energy storage device may be disconnected.

S6.4 Electrical isolation monitoring. DC high voltage sources of vehicles with a fuel cell system shall be monitored by an electrical isolation monitoring system that displays a warning for loss of isolation when tested according to S7.4 of this standard. The system must monitor its own readiness and the visual warning display must be provided to the driver. For a vehicle with automated driving systems and without manually operated driving controls, the visual warning must be provided to all the front row occupants.

S6.5 Electric shock protection during charging. For motor vehicles with an electric energy storage device that can be charged through a conductive connection with a grounded external electric power supply, a device to enable conductive connection of the electrical chassis to the earth ground shall be provided. This device shall enable connection to the earth ground before exterior voltage is applied to the vehicle and retain the connection until after the exterior voltage is removed from the vehicle.

S6.6 Mitigating driver error.

S6.6.1 Indicator of active driving possible mode. At least a momentary indication shall be given to the driver each time the vehicle is first placed in active driving possible mode after manual activation of the propulsion system. This requirement does not apply under conditions where an internal combustion engine directly or indirectly provides the vehicle's propulsion power when the vehicle is first placed in the active driving possible mode after manual activation of the propulsion system.

S6.6.2 Indicator of active driving possible mode when leaving the vehicle. When leaving the vehicle, the driver shall be informed by an auditory or visual signal if the vehicle is still in the active driving possible mode.

S6.6.3 Prevent drive-away. If the on-board electric energy storage device can be externally charged, vehicle movement of more than 150 mm by its own propulsion system shall not be possible as long as the charge connector of the external electric power supply is physically connected to the vehicle charge inlet in a manner that would permit charging of the electric energy storage device.

S7. Electrical safety test procedures for normal vehicle operation safety. The following provisions specify the test procedures associated with the requirements of S6 of this standard.

S7.1 Voltage measurements. For the purpose of determining the voltage level of the high voltage source, voltage is measured as shown in figure 1 to this standard using a voltmeter that has an internal resistance of at least 10 MΩ. All post-crash voltage measurements for determining electrical isolation of high voltage sources specified in S8.2(a) of this standard are made at least 10 seconds after impact. All post-crash voltage measurements for determining the voltage levels specified in S8.2(b) of this standard and the energy in capacitors specified in S8.2(d) of this standard are made between 10 to 60 seconds after impact.

S7.1.1 For a high voltage source that has an automatic disconnect that is physically contained within itself, the voltage measurement after the test is made from the side of the automatic disconnect connected to the electric power train or to the rest of the electric power train if the high voltage source is a component contained in the power train. For a high voltage source that has an automatic disconnect that is not physically contained within itself, the voltage measurement after the test is made from both the high voltage source side of the automatic disconnect and from the side of the automatic disconnect connected to the electric power train or to the rest of the electric power train if the high voltage source is a component contained in the power train.

S7.1.2 Voltage Vb is measured across the two terminals of the voltage source. Before a vehicle crash test, Vb is equal to or greater than the working voltage as specified by the vehicle manufacturer.

S7.1.3 Voltage V1 is measured between the negative side of the high voltage source and the electrical chassis as shown in figure 2 to this standard. Voltage V2 is measured between the positive side of the high voltage source and the electrical chassis as shown in figure 3 to this standard.

S7.2 Test method for determining electrical isolation. Measure the voltages V1, V2, and Vb as shown in figure 1 to this standard in accordance with S7.1.

S7.2.1 If V1 is greater than or equal to V2, insert a known resistance (Ro) between the negative side of the high voltage source and the electrical chassis. With the Ro installed, measure the voltage (V1') as shown in figure 4 to this standard between the negative side of the high voltage source and the electrical chassis. Calculate the electrical isolation resistance (Ri) according to the formula shown. Divide Ri (in ohms) by the working voltage of the high voltage source (in volts) to obtain the electrical isolation (in ohms/volt).

S7.2.2 If V2 is greater than V1, insert a known resistance (Ro) between the positive side of the high voltage source and the electrical chassis. With the Ro installed, measure the voltage (V2') as shown in figure 5 to this standard between the positive side of the high voltage source and the electrical chassis. Calculate the electrical isolation resistance (Ri) according to the formula shown. Divide Ri (in ohms) by the working voltage of the high voltage source (in volts) to obtain the electrical isolation (in ohms/volt).

S7.3 Test methods for evaluating physical barrier protection.

S7.3.1 Test method to evaluate protection from direct contact with high voltage sources. (a) Any parts surrounding the high voltage components are opened, disassembled, or removed without the use of tools.

(b) The selected access probe is inserted into any gaps or openings of the electrical protection barrier with a test force between 9 Newton to 11 Newton with the IPXXB probe or 1 Newton to 2 Newton with the IPXXD probe. If the probe partly or fully penetrates into the electrical protection barrier, it is placed in every possible position to evaluate contact with high voltage live parts. If partial or full penetration into the electrical protection barrier occurs with the IPXXB probe, the IPXXB probe shall be placed as follows: starting from the straight position, both joints of the test finger are rotated progressively through an angle of up to 90 degrees with respect to the axis of the adjoining section of the test finger and are placed in every possible position.

(c) A low voltage supply (of not less than 40 V and not more than 50 V) in series with a suitable lamp may be connected between the access probe and any high voltage live parts inside the electrical protection barrier to indicate whether high voltage live parts were contacted.

(d) A mirror or fiberscope may be used to inspect whether the access probe touches high voltage live parts inside the electrical protection barrier.

(e) Protection degree IPXXD or IPXXB is verified when the following conditions are met:

(1) The access probe does not touch high voltage live parts. The IPXXB access probe may be manipulated as specified in S7.3.1(b) for evaluating contact with high voltage live parts. The methods specified in S7.3.1(c) or S7.3.1(d) may be used to aid the evaluation. If method S7.3.1(c) is used for verifying protection degree IPXXB or IPXXD, the lamp shall not light up.

(2) The stop face of the access probe does not fully penetrate into the electrical protection barrier.

S7.3.2 Test method to evaluate protection against indirect contact with high voltage sources. Any parts surrounding the high voltage components are opened, disassembled, or removed without the use of tools. At the option of the manufacturer, protection against indirect contact with high voltage sources shall be determined using the test method in S7.3.2(a) or (b).

(a) Test method using a resistance tester. The resistance tester is connected to the measuring points (the electrical chassis and any exposed conductive part of electrical protection barriers or any two simultaneously reachable exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other), and the resistance is measured using a resistance tester that can supply current levels of at least 0.2 Amperes with a resolution of 0.01 ohms or less. The resistance between two exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other may be calculated using the separately measured resistances of the relevant parts of the electric path.

(b) Test method using a DC power supply, voltmeter, and ammeter. (1) Connect the DC power supply, voltmeter, and ammeter to the measuring points (the electrical chassis and any exposed conductive part or any two simultaneously reachable exposed conductive parts that are less than 2.5 meters from each other) as shown in figure 8 to this standard.

(2) Adjust the voltage of the DC power supply so that the current flow becomes more than 0.2 Amperes.

(3) Measure the current I and the voltage V shown in figure 8 to this standard.

(4) Calculate the resistance R according to the formula, R = V/I.

(5) The resistance between two simultaneously reachable exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other may be calculated using the separately measured resistances of the relevant parts of the electric path.

S7.3.3 Test method to determine voltage between exposed conductive parts of electrical protection barriers and the electrical chassis and between exposed conductive parts of electrical protection barriers. (a) Any parts surrounding the high voltage components are opened, disassembled, or removed without the use of tools.

(b) Connect the voltmeter to the measuring points (exposed conductive part of an electrical protection barrier and the electrical chassis or any two simultaneously reachable exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other).

(d) The voltage between two simultaneously reachable exposed conductive parts of electrical protection barriers that are less than 2.5 meters from each other may be calculated using the separately measured voltages between the relevant electrical protection barriers and the electrical chassis.

S7.4 Test method for evaluating on-board electrical isolation monitoring system. Prior to any impact test, the requirements of S6.4 of this standard for the on-board electrical isolation monitoring system shall be tested using the following procedure.

(a) The electric energy storage device is at the state of charge specified in S7.1.

(b) The switch or device that provides power from the electric energy storage/conversion system to the propulsion system is in the activated position or the ready-to-drive position.

(c) Determine the isolation resistance, Ri, of the high voltage source with the electrical isolation monitoring system using the procedure outlined in S7.2.

(d) Insert a resistor with resistance Ro equal to or greater than 1/(1/(95 times the working voltage of the high voltage source)−1/Ri) and less than 1/(1/(100 times the working voltage of the high voltage source)−1/Ri) between the positive terminal of the high voltage source and the electrical chassis.

(e) The electrical isolation monitoring system indicator shall provide a visual warning to the driver. For a vehicle with automated driving systems and without manually operated driving controls, the visual warning must be provided to all the front row occupants.

S7.5 Test method for determining post-crash energy in capacitors. (a) Prior to the crash tests, the vehicle manufacturer must identify the capacitors, type of capacitors (x-capacitors and y-capacitors) and their respective capacitance (Cx and Cy ₁ and Cy ₂ ) in the electric power train for which the low energy compliance option for post-crash electrical safety in S8.2(d) of this standard is applied.

(b) Voltages Vb, V1, and V2 are measured across the capacitors in accordance with S7.1.

(d) The total energy in the y-capacitor Cy ₁ is equal to 0.5 × Cy ₁ × V1 ² and the total energy in the y-capacitor Cy ₂ is equal to 0.5 × Cy ₂ × V2 ² .

S8. Post-crash safety. Each vehicle with a GVWR of 4,536 kg or less to which this standard applies must meet the requirements in S8.1, S8.2, S8.3, and S8.4 when tested according to S9 of this standard under the conditions of S10 of this standard. Each school bus with a GVWR greater than 4,536 kg to which this standard applies must meet the requirements in S8.1, S8.2, S8.3, and S8.4 when tested according to S9.5 of this standard under the conditions of S10.

S8.1 Fire safety. Starting from the time of impact and continuing until one hour after the completion of the sequence of tests specified in S9 of this standard, there shall be no evidence of fire or explosion in any part of the vehicle. The assessment of fire or explosion is verified by visual inspection without disassembly of the REESS or vehicle.

S8.2 Electrical safety. After each test specified in S9 of this standard, each high voltage source in a vehicle must meet one of the following electrical safety requirements: electrical isolation requirements of S8.2(a), the voltage level requirements of S8.2 (b), or the physical barrier protection requirements of S8.2(c); or the high voltage capacitors in the electric power train must meet the low-energy requirements of S8.2(d).

(a) The electrical isolation of the high voltage source, determined in accordance with the procedure specified in S7.2 of this standard, must be greater than or equal to one of the following:

(1) 500 ohms/volt for an AC high voltage source;

(2) 100 ohms/volt for an AC high voltage source if it is conductively connected to a DC high voltage source, but only if the AC high voltage source meets the physical barrier protection requirements specified in S8.2(c)(1) and (2); or

(3) 100 ohms/volt for a DC high voltage source.

(b) The voltages V1, V2, and Vb of the high voltage source, measured according to the procedure specified in S7.1 of this standard, must be less than or equal to 30 VAC for AC components or 60 VDC for DC components.

(c) Protection against electric shock by direct and indirect contact (physical barrier protection) shall be demonstrated by meeting the following three conditions:

(1) The high voltage source (AC or DC) meets the protection degree IPXXB when tested according to the procedure specified in S7.3.1 of this standard using the IPXXB test probe shown in figures 7a and 7b to this standard;

(2) The resistance between exposed conductive parts of the electrical protection barrier of the high voltage source and the electrical chassis is less than 0.1 ohms when tested according to the procedures specified in S7.3.2 of this standard. In addition, the resistance between an exposed conductive part of the electrical protection barrier of the high voltage source and any other simultaneously reachable exposed conductive parts of electrical protection barriers within 2.5 meters of it must be less than 0.2 ohms when tested using the test procedures specified in S7.3.2 of this standard; and

(3) The voltage between exposed conductive parts of the electrical protection barrier of the high voltage source and the electrical chassis is less than or equal to 30 VAC or 60 VDC as measured in accordance with S7.3.3 of this standard. In addition, the voltage between an exposed conductive part of the electrical protection barrier of the high voltage source and any other simultaneously reachable exposed conductive parts of electrical protection barriers within 2.5 meters of it must be less than or equal to 30 VAC or 60 VDC as measured in accordance with S7.3.3 of this standard.

(d) The total energy of unidirectional single impulse currents from capacitors shall be less than 0.2 Joules when determined in accordance with the procedure specified in S7.5 of this standard.

S8.3 Electric energy storage/conversion device retention. During and after each test specified in S9 of this standard:

(a) Electric energy storage/conversion devices shall remain attached to the vehicle by at least one component anchorage, bracket, or any structure that transfers loads from the device to the vehicle structure, and

(b) Electric energy storage/conversion devices located outside the occupant compartment shall not enter the occupant compartment.

S8.4 Electrolyte leakage from electric energy storage devices. Not more than 5.0 liters of electrolyte shall leak from electric energy storage devices, and no visible trace of electrolyte shall leak into the passenger compartment. Leakage is measured from the time of the impact until 30 minutes thereafter, and throughout any static rollover after a barrier impact test, specified in S9 of this standard.

S9. Crash test specifications. A test vehicle with a GVWR less than or equal to 4,536 kg, under the conditions of S10 of this standard, is subject to any one single barrier crash test of S9.1, S9.2, or S9.3, followed by the static rollover test of S9.4. A school bus with a GVWR greater than 4,536 kg, under the conditions of S10, is subject to the contoured barrier crash test of S9.5. A particular vehicle need not meet further test requirements after having been subjected to a single barrier crash/static rollover test sequence.

S9.1 Frontal barrier crash. The test vehicle, with test dummies in accordance with S6.1 of §571.301, traveling longitudinally forward at any speed up to and including 48 km/h, impacts a fixed collision barrier that is perpendicular to the line of travel of the vehicle, or at an angle up to 30 degrees in either direction from the perpendicular to the line of travel of the vehicle.

S9.2 Rear moving barrier impact. The test vehicle, with test dummies in accordance with S6.1 of §571.301, is impacted from the rear by a barrier that conforms to S7.3(b) of §571.301 and that is moving at any speed between 79 and 81 km/h.

S9.3 Side moving deformable barrier impact. The test vehicle, with the appropriate 49 CFR part 572 test dummies specified in §571.214 at positions required for testing by S7.1.1, S7.2.1, or S7.2.2 of Standard 214 (§571.214), is impacted laterally on either side by a moving deformable barrier moving at any speed between 52.0 km/h and 54.0 km/h.

S9.4 Post-impact test static rollover. After each crash test specified in S9.1, S9.2, and S9.3, without any alteration of the vehicle, the vehicle is rotated on its longitudinal axis to each successive increment of 90 degrees under the test conditions of S10.3 of this standard.

S9.5 Moving contoured barrier crash. The test vehicle, under the conditions of S10.1 and S10.2 of this standard, is impacted at any point and at any angle by the moving contoured barrier assembly, specified in S7.5 and S7.6 in §571.301, traveling longitudinally forward at any speed up to and including 48 km/h.

S10. Crash test conditions.

S10.1 State of charge. The electric energy storage device(s) shall be at the state of charge specified in either S10.1(a), (b), or (c):

(a) At the maximum state of charge in accordance with the vehicle manufacturer's recommended charging procedures, as stated in the vehicle owner's manual or on a label that is permanently affixed to the vehicle; or

(b) If the manufacturer has made no recommendation for charging procedures in the owner's manual or on a label permanently affixed to the vehicle, at a state of charge of not less than 95 percent of the maximum capacity of the electric energy storage device(s); or

(c) If the electric energy storage device(s) is/are rechargeable only by an energy source on the vehicle, at any state of charge within the normal operating voltage defined by the vehicle manufacturer.

S10.2 Vehicle conditions. The switch or device that provides power from the electric energy storage/conversion system to the propulsion system is in the activated position or the ready-to-drive position. Bypass any devices or systems that do not allow the propulsion system to be energized at the time of impact when the vehicle ignition is on and the vehicle is in neutral.

S10.2.1 The parking brake is disengaged and the vehicle drive system is in the neutral position. In a test conducted under S9.3 of this standard, the parking brake is set.

S10.2.2 Tires are inflated to the manufacturer's specifications.

S10.2.3 The vehicle, including test devices and instrumentation, is loaded as follows:

(a) A passenger car is loaded to its unloaded vehicle weight plus its rated cargo and luggage capacity weight, secured in the luggage compartment, plus the necessary test dummies as specified in S9 of this standard, restrained only by means that are installed in the vehicle for protection at its seating position.

(b) A multipurpose passenger vehicle, truck, or bus, with a GVWR of 4,536 kg (10,000 lb) or less, is loaded to its unloaded vehicle weight plus the necessary dummies, as specified in S9 of this standard, plus 136 kg or its rated GVWR, whichever is less, secured in the load carrying area and distributed as nearly as possible in proportion to its GVWR. For the purpose of this standard, unloaded vehicle weight does not include the weight of work-performing accessories. Each dummy is restrained only by means that are installed in the vehicle for protection at its seating position.

(c) A school bus with a GVWR greater than 4,536 kg is loaded to its unloaded vehicle weight, plus 54 kg of unsecured mass at each designated seating position.

S10.3 Static rollover test conditions. The vehicle is rotated about its longitudinal axis, with the axis kept horizontal, to each successive increment of 90°, 180°, and 270° at a uniform rate, with 90° of rotation taking place in any time interval from 1 to 3 minutes. After reaching each 90° increment the vehicle is held in that position for 5 minutes.

S10.4 Rear moving barrier impact test conditions. The conditions of S7.3(b) and S7.6 of §571.301 apply to the conducting of the rear moving deformable barrier impact test specified in S9.2 of this standard.

S10.5 Side moving deformable barrier impact test conditions. The conditions of S8.9, S8.10, and S8.11 of §571.214 apply to the conduct of the side moving deformable barrier impact test specified in S9.3 of this standard.

S11. Vehicle controls managing REESS safe operations. Each vehicle to which the standard applies shall meet the requirements in S11.1, when tested according to S12 of this standard and the requirements in S11.2.

S11.1 When tested in accordance with the overcharge test in S12.1, the over-discharge test in S12.2, the overcurrent test in S12.3, the high-temperature test in S12.4, and the short circuit test in accordance with S12.5 of this standard, each vehicle shall meet the following:

(a) During the test, there shall be no evidence of electrolyte leakage, rupture, venting, fire, or explosion of the REESS as verified by visual inspection without disassembly of the vehicle.

(b) The isolation resistance of the high voltage sources measured after the test shall not be less than 100 ohms/volt when determined in accordance with S7.2 of this standard.

S11.2 In the event of operational failure of the vehicle controls that manage safe operation of the REESS, the vehicle must provide a visual warning while in active driving possible mode. The warning system shall monitor its own readiness and the visual warning must be provided to the driver. For a vehicle with automated driving systems and without manually operated driving controls, the visual warning must be provided to all the front row occupants.

S12. Test methods for evaluating vehicle controls managing REESS safe operations.

S12.1 Overcharge test. The overcharge test is conducted at ambient temperatures between 10 °C and 30 °C, with the vehicle REESS initially set between 90 to 95 percent SOC. The following steps are conducted to evaluate the vehicle's overcharge protection controls:

(a) A breakout harness is connected to the traction side of the REESS. The manufacturer must specify an appropriate location(s) and attachment point(s) to connect the breakout harness.

(b) Temperature probes are connected to the REESS outer casing to monitor changes in REESS temperature. Temperature measurements may also be obtained through communication with the REESS control module.

(c) The external charge/discharge equipment, with maximum voltage and current set at least 10 percent higher than the REESS voltage and current limits, is connected to the breakout harness.

(d) The vehicle switch or device that provides power to the vehicle controls that manage REESS operations is set to the activated position.

(e) The REESS is charged with the external charge/discharge equipment with the maximum charge current specified by the manufacturer. If the manufacturer does not specify an appropriate charge current, then a charge rate of ¹/₃ C is used.

(f) Charging is continued until one of the following occurs:

(1) The overcharge protection control terminates the charge current;

(2) The REESS temperature is 10 °C above the manufacturer-specified maximum operating temperature of the REESS; or

(3) 12 hours have passed since the start of charging the vehicle.

(g) After the charge current is terminated, if charge and discharge are permitted by the vehicle controls, a standard cycle is performed in accordance with S12.6.

(h) After the completion of the standard cycle, or if the standard cycle was not performed, after charging is terminated, the vehicle is observed for 1 hour for evidence of electrolyte leakage, rupture, venting, fire, or explosion of the REESS.

(i) At the conclusion of the test, electrical isolation of the REESS is determined in accordance with S7.2 of this standard.

S12.2 Over-discharge test. The over-discharge test is conducted at ambient temperatures between 10 °C and 30 °C, with the vehicle REESS initially set between 10 and 15 percent SOC. For a vehicle with on-board energy conversion systems such as an internal combustion engine or a fuel cell, the fuel supply is set to the minimum level where active driving possible mode is permitted. The following steps are conducted to evaluate the vehicle's over-discharge protection controls:

(a) A breakout harness is connected to the traction side of the REESS. The manufacturer must specify an appropriate location(s) and attachment point(s) to connect the breakout harness.

(c) The external charge/discharge equipment, with maximum voltage and current set at least 10 percent higher than the REESS voltage and current limits, is connected to the breakout harness.

(d) The vehicle switch or device that provides power from the REESS to the electric power train is set to the activated position or the active driving possible mode.

(e) The REESS is discharged with the external charge/discharge equipment with the maximum discharge rate under normal operating conditions specified by the manufacturer. If the manufacturer does not specify an appropriate discharge rate, a power load of 1kW is used.

(f) Discharging is continued until one of the following occurs:

(1) The over-discharge protection control terminates the discharge current;

(2) The temperature gradient of the REESS is less than 4°C through 2 hours from the start of discharge; or

(3) The vehicle is discharged to 25 percent of its working voltage level.

(g) After the discharge current is terminated, a standard cycle is performed in accordance with S12.6, if charge and discharge are permitted by the vehicle controls.

(h) After the completion of the standard cycle, or if the standard cycle was not performed, after discharging is terminated, the vehicle is observed for 1 hour for evidence of electrolyte leakage, rupture, venting, fire, or explosion of the REESS.

(i) At the conclusion of the test, electrical isolation of the REESS is determined in accordance with S7.2 of this standard.

S12.3 Overcurrent test. The overcurrent test is only conducted on vehicles that have the capability of charging by DC external electricity supply. The test is conducted at ambient temperatures between 10 °C and 30 °C, with the vehicle REESS initially set between 40 to 50 percent SOC. The following steps are conducted to evaluate the vehicle's over-current protection controls:

(a) A breakout harness is connected to the traction side of the REESS. The manufacturer must specify an appropriate location(s) and attachment point(s) to connect the breakout harness.

(c) The external charge/discharge equipment, with maximum voltage and current set at least 10 percent higher than the REESS voltage and current limits, is connected to the breakout harness.

(d) The vehicle switch or device that provides power to the vehicle controls that manage REESS operations is set to the activated position.

(f) After charging is initiated, the overcurrent specified by the manufacturer is supplied over the course of 5 seconds from the maximum charge current level to the over-current level. If the vehicle manufacturer does not supply an overcurrent level, a 10 Ampere over-current is supplied over 5 seconds. If charging is not terminated, the over-current supply is increased in steps of 10 Amperes.

(g) Charging at the over-current level is continued until one of the following occurs:

(1) The over-current protection control terminates the charge current; or

(2) The temperature gradient of the REESS is less than 4 °C through 2 hours from the first overcurrent input.

(h) After the charge current is terminated, if charge and discharge are permitted by the vehicle controls, a standard cycle is performed in accordance with S12.6.

(i) After the completion of the standard cycle or if the standard cycle was not performed, after charging is terminated, the vehicle is observed for 1 hour for evidence of electrolyte leakage, rupture, venting, fire, or explosion of the REESS.

(j) At the conclusion of the test, electrical isolation of the REESS is determined in accordance with S7.2 of this standard.

S12.4 Over-temperature test. The overtemperature test is conducted at ambient temperatures between 10 °C and 30 °C on a chassis-dynamometer with the vehicle REESS initially set between 90 to 95 percent SOC. For a vehicle with on-board energy conversion systems such as an internal combustion engine or a fuel cell, the fuel supply is set to allow operation for about one hour of driving. The following steps are conducted to evaluate the vehicle's high temperature protection controls:

(a) The cooling system of the REESS is disabled using manufacturer supplied information. For an REESS that will not operate if the cooling system is disabled, the cooling operation is significantly reduced. If manufacturer does not supply information to disable or significantly reduce the cooling system, methods such as crimping the liquid cooling hose, removing refrigerant fluid, or blocking cabin air intakes for air cooled REESS are applied.

(c) The vehicle is installed on a chassis dynamometer and the vehicle switch or device that provides power from the REESS to the electric power train is set to the activated position or the active driving possible mode.

(d) The vehicle is driven on the dynamometer using an appropriate vehicle manufacturer supplied drive profile and charging information for discharge and charge of the REESS to raise the REESS temperature to its upper boundary safe operating temperature within one hour. If an appropriate manufacturer-supplied drive profile is not available, the vehicle is repeatedly accelerated to 80 mph and then decelerated to 15 mph within 40 seconds. If the manufacturer does not supply a charge profile, then a charge rate greater than ¹/₃ C current is used.

(e) The discharge/charge procedure on the chassis-dynamometer is continued until one of the following occurs:

(1) The vehicle terminates the discharge/charge cycle;

(2) The temperature gradient of the REESS is less than 4 °C through 2 hours from the start of the discharge/charge cycle; or

(3) Three (3) hours have passed since the start of discharge/charge cycles.

(f) After the discharge and charge procedure is terminated, if charge and discharge are permitted by the vehicle controls, a standard cycle is performed in accordance with S12.6.

(g) After the completion of the standard cycle, or if the standard cycle is not performed, after the discharge and charge procedure is terminated, the vehicle is observed for 1 hour for evidence of electrolyte leakage, rupture, venting, fire, or explosion of the REESS.

(h) At the conclusion of the test, electrical isolation of the REESS is determined in accordance with S7.2 of this standard.

S12.5 External short circuit test. The short circuit test is conducted at ambient conditions with the vehicle REESS initially set between 90 to 95 percent SOC. The following steps are conducted to evaluate the vehicle's external short circuit protection controls:

(a) A breakout harness is connected to the REESS. The manufacturer must specify an appropriate location(s) and attachment point(s) to connect the breakout harness.

(c) The vehicle switch or device that provides power to the vehicle controls that manage REESS operations is set to the activated position.

(d) The short circuit contactor (with the contactors in open position) is connected to the breakout harnesses. The total resistance of the equipment to create the external short circuit (short circuit contactor and breakout harnesses) is verified to be between 2 to 5 milliohms.

(e) The short circuit contactor is closed to initiate the short circuit.

(f) The short circuit condition is continued until one of the following occurs:

(1) Short circuit current is terminated; or

(2) The temperature gradient of the REESS is less than 4 °C through 2 hours from the start of initiating the short circuit condition.

(g) After the short circuit current is terminated, if charge and discharge are permitted by the vehicle controls, a standard cycle is performed in accordance with S12.6.

(h) After the completion of the standard cycle, or if the standard cycle was not performed, after short circuit current is terminated, the vehicle is observed for 1 hour for evidence of electrolyte leakage, rupture, venting, fire, or explosion of the REESS.

(i) At the conclusion of the test, electrical isolation of the REESS is determined in accordance with S7.2 of this standard.

S12.6 Standard cycle. The standard cycle is conducted at ambient temperatures between 10 °C and 30 °C and starts with a standard discharge followed by a standard charge. The discharge and charge procedures would follow manufacturer supplied information. The charge procedure is initiated 15 minutes after discharge is terminated.

(a) If the manufacturer does not provide a discharge procedure, the vehicle is discharged with 1C current until discharge is terminated by vehicle controls.

(b) If the manufacturer does not provide a charge procedure, the vehicle is charged with ¹/₃ C current until terminated by vehicle controls.

S13. Warning in the case of thermal event in REESS. The vehicle shall provide a warning to the driver in the case of a thermal event in the REESS when the vehicle is in active driving possible mode. The thermal event warning system must monitor its own readiness. The warning shall activate within three minutes of the onset of the thermal event. The warning shall consist of auditory and visual signals that remain active for at least 5 minutes. For a vehicle with automated driving systems and without manually operated driving controls, the visual warning must be provided to all the front row occupants.

S14. Water exposure safety. Each vehicle to which the standard applies shall maintain electrical isolation as specified in S6.3.1 and S6.3.2 of this standard at these times:

(a) Just after exposure to water in each of the two tests specified below and with the vehicle still wet; and

(b) After a minimum of 24 hours after completing each of the tests specified in S14.1 and S14.2.

S14.1 Vehicle washing test. The vehicle is sprayed from any direction with a stream of freshwater from a standard test nozzle shown in figure 9 to this standard that has a nozzle internal diameter of 6.3 millimeters, delivery rate of 11.9 to 13.2 liters/minute, and water pressure at the nozzle between 30 kPa to 35 kPa.

(a) During the washing, the distance from the nozzle to the vehicle surface is 3.0 to 3.2 meters. The distance of the nozzle from the vehicle surface may be reduced, if necessary, to ensure the surface is wet when spraying upwards. The washing test duration per square meter of the vehicle surface area is 60 to 75 seconds, with a minimum total test duration of 3 minutes.

(b) The vehicle external surface, including the vehicle sides, front, rear, top, and bottom is exposed to the water stream. Border lines on the vehicle such glass seals, outline of opening parts (doors, windows, vehicle inlet cover), outline of front grille, and seals of vehicle lamps are exposed to the water stream from any direction.

(c) At the conclusion of the normal washing test, with the vehicle still wet, electrical isolation is determined in accordance with S7.2 of this standard.

S14.2 Driving through standing water test. The vehicle is driven through a wade pool of at least 10 centimeters but not more than 15 centimeters depth of freshwater for a distance of 500 meters at a minimum speed of 12 mph (20 km/h) but not more than 15 mph (24 km/h).

(a) If the wade pool is less than 500 m in length, then the vehicle shall be driven through it several times for a total distance of 500 m. The total time, including the period outside of the wade pool, shall be less than 10 minutes.

(b) At the conclusion of the standing water test, with the vehicle still wet, electrical isolation is determined in accordance with S7.2 of this standard.

Figures to FMVSS No. 305a

Figure 1. Voltage Measurements of the High Voltage Source

Figure 2. Measurement for V1 Voltage Between the Negative Side of the High Voltage Source and the Electrical Chassis

Figure 3. Measurement for V2 Voltage Between the Positive Side of the High Voltage Source and the Electrical Chassis

Figure 4. Measurement for V1' Voltage Across Resistor Between Negative Side of the High Voltage Source and Electrical Chassis

Figure 5. Measurement for V2' Voltage Across Resistor Between Positive Side of the High Voltage Source and Electrical Chassis

Figure 6. Marking of High Voltage Sources

Figure 7a. Access Probes for the Tests of Direct Contact Protection. Access Probe IPXXB (Top) and Access Probe IPXXD (Bottom)

Figure 7b. Jointed Test Finger IPXXB

Figure 8. Connection To Determine Resistance Between Exposed Conductive Parts of Electrical Protection Barrier and Electrical Chassis

Figure 9. Standard Nozzle for IPX5 Water Exposure Test

[89 FR 104352, Dec. 20, 2024; 90 FR 9609, Feb. 14, 2025]

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2026-04-02T05:00:00Z

EPA releases final NESHAP for chemical manufacturing area sources

The Environmental Protection Agency (EPA) published a final rule on April 1, 2026, amending the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Chemical Manufacturing Area Sources (CMAS). The NESHAP controls hazardous air pollutant (HAP) emissions from facilities that manufacture a range of chemicals and products, such as inorganic chemicals, plastics, and synthetic rubber.

Who’s impacted?

The final rule applies to nine area source categories in the chemical manufacturing sector that are regulated by the CMAS NESHAP (40 CFR 63 Subpart VVVVVV).

What are the changes?

EPA’s final rule:

Establishes leak detection and repair requirements for equipment leaks and heat exchange systems in organic HAP service,
Adds detectable emissions monitoring standards for pressure vessels in organic HAP service and emission management practice standards for pressure relief devices (PRDs) in organic HAP service,
Prohibits closed vent systems in organic HAP service from bypassing an air pollution control device (APCD), and
Requires recurring performance testing of non-flare APCDs to demonstrate compliance with process vent and storage tank provisions.

The final rule also mandates electronic reporting for notifications of compliance status (NOCs), performance test reports, and periodic reports. Facilities must submit these reports through the Compliance and Emissions Data Reporting Interface (CEDRI) on EPA’s Central Data Exchange.

What didn’t change?

Significantly, the final rule doesn’t add previously proposed regulations for area sources that use ethylene oxide (EtO) to produce materials described by code 325 of the North American Industry Classification System (NAICS).

EPA states that it intends to address the regulation of EtO from area sources and major sources in one final action.

What are the compliance timelines?

Existing facilities must comply with the amendments by April 1, 2029.

New facilities (those that begin construction or reconstruction after January 22, 2025) have to comply with the changes by April 1, 2026, or upon startup, whichever is later.

Additionally, facilities must start electronically submitting:

Performance tests by June 1, 2026;
NOCs by August 31, 2026; and
Periodic reports by April 1, 2029.

Key to remember: EPA’s final HAP emissions rule for chemical manufacturing area sources adds new requirements for certain processing equipment and systems.

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.

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.

2026-04-13T05:00:00Z

EPA delays TSCA Section 8(a)(7) PFAS reporting timeline again

This final rule pushes the starting 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 is earlier.

Who’s impacted?

Chemical identity, uses, and volumes made and processed;
Byproducts;
Environmental and health effects;
Worker exposure; and
Disposal.

What’s the new timeline?

The opening submission period was moved from April 13, 2026, to either 60 days after the effective date of a future final PFAS Reporting Rule or January 31, 2027, whichever is earlier.

Most manufacturers have 6 months to submit the report. Small manufacturers reporting only as importers of PFAS-containing articles have 1 year.

TSCA Section 8(a)(7) PFAS Reporting Rule submission period
	Start date	End date
Most manufacturers	60 days from effective date of final PFAS Reporting Rule or January 31, 2027 (whichever is earlier)	6 months from start date or July 31, 2027 (whichever is earlier)
Small manufacturers reporting solely as PFAS article importers	60 days from effective date of final PFAS Reporting Rule or January 31, 2027 (whichever is earlier)	1 year from start date or January 31, 2028 (whichever is earlier)

Why the delay?

In November 2025, the agency proposed updates to the PFAS Reporting Rule. EPA has delayed the reporting period to give the agency time to issue a final rule (expected later this year).

Key to remember: EPA has delayed the starting submission deadline for the TSCA Section 8(a)(7) PFAS Reporting Rule from April 2026 to no later than January 2027.

2026-04-16T05:00:00Z

Effluent limitations: FAQs for direct dischargers of industrial wastewater

What’s effluent?

What’s the difference between effluent guidelines and limitations?

There are subtle but important distinctions between these two terms.

Federal effluent guidelines (40 CFR Subchapter N) for direct dischargers of industrial wastewater are implemented through the NPDES permitting program.

What’s the bottom line? Effluent guidelines aren’t directly enforceable permit conditions, whereas effluent limitations are.

What are the types of effluent limitations?

Two categories of effluent limitations may appear in NPDES permits:

Technology-based effluent limitations (TBELs), and
Water quality-based effluent limitations (WQBELs).

TBELs are based on available treatment technologies and require facilities to meet a minimum level of treatment of pollutants in wastewater discharges.

Any applicable wasteload allocations are incorporated into a facility’s NPDES permit.

Do facilities have to use specific control technologies?

Key to remember: Understanding effluent limitations is key to complying with industrial wastewater discharge permits.

2026-04-16T05:00:00Z

EPA proposes major changes to coal combustion residuals rules

Who’s impacted?

The proposed rule affects coal-fired electric utilities and independent power producers subject to the CCR disposal and beneficial use regulations at 40 CFR Part 257.

What are the changes?

Significant changes the EPA proposes include:

Adding an option for facilities to certify the closure of legacy CCR surface impoundments by CCR removal that were closed before November 8, 2024, under regulatory oversight;
Expanding the eligibility criteria for facilities to defer CCR closure requirements until site-specific determinations are made for legacy surface impoundments that were closed before November 8, 2024, under regulatory oversight;
Exempting CCR dewatering structures (used to dewater CCR waste for the disposal of CCR elsewhere) from federal CCR regulations (Part 257);
Rescinding all CCR management unit (CCRMU) requirements or revising the existing CCRMU regulations;
Allowing permit authorities to make site-specific determinations regarding certain requirements during permitting for CCR units complying with federal CCR groundwater monitoring, corrective action, and closure requirements under a federal or an approved-state CCR permit; and
Revising the beneficial use requirements by:
- Removing the environmental demonstration requirement for non-roadway use of more than 12,400 tons of unencapsulated CCR; and
- Excluding these beneficial uses from federal CCR regulations (Part 257):
  - CCR used in cement manufacturing at cement kilns,
  - Flue gas desulfurization (FGD) gypsum used in agriculture, and
  - FGD gypsum used in wallboard.

Key to remember: EPA plans to make significant amendments to the coal combustion residuals requirements.

Most Popular Highlights In Transportation

2026-04-23T05:00:00Z

Federal government reschedules medical marijuana

Medical marijuana has been reclassified into a lower drug category, placing it into the same classification as some prescription painkillers.

Attorney General Todd Blanche issued an order on April 23 moving medical marijuana from Schedule I of the Controlled Substances Act to Schedule III, a class of drugs with a moderate to low potential for dependence, that includes ketamine, Tylenol with codeine, and anabolic steroids. Schedule III drugs can be obtained with a prescription.

Under the order, products containing marijuana approved by the Food and Drug Administration (FDA) and marijuana products regulated by a state medical marijuana law are now in the lower drug category.

Rescheduling the drug into a lower classification will support research into marijuana safety and use of the drug for medical purposes, the attorney general noted in a press release.

Impact on the workplace

The order doesn’t address how the rescheduling of medical marijuana impacts compliance with other federal laws, but to avoid the risk of a discrimination claim under the federal Americans with Disabilities Act, employers in states where medical marijuana is legal should treat individuals using medical marijuana as they would treat any individual using a prescription medication.

This includes having a discussion with the employee about accommodations, which may include off-duty use of medical marijuana.

In states where medical marijuana isn’t legal, employers would only need to consider accommodations for use of marijuana products approved by the FDA.

Recreational marijuana considerations

The order doesn’t legalize recreational marijuana, but does announce a June 29 hearing to evaluate broader changes to marijuana’s status under federal law.

The order notes that it doesn’t apply to synthetically derived THC, such as Delta-10 products. The final order notes that synthetically derived THC is outside of the definition of marijuana.

The order also establishes a federal licensing system for state medical marijuana manufacturers and dispensaries. It notes that states where medical marijuana is legal have established systems to regulate the sale and use of medical marijuana.

How does this affect safety-sensitive jobs?

The Drug Enforcement Administration’s reclassification order doesn’t address the impact the change would have on federal drug testing regulations. Specifically, it doesn’t offer insights into Department of Transportation (DOT) drug testing of truck drivers, airline pilots, pipeline operators, and others in safety-sensitive positions.

Before any changes can be implemented by the DOT, drug testing procedures in 49 CFR Part 40 must go through the rulemaking process.

Key to remember: The federal government has moved medical marijuana to a lower classification of drug. To reduce the risk of a discrimination claim, employers in states where medical marijuana is legal should treat it as a prescription medication to lower the risk of a discrimination claim. Employers in all states should consider accommodations for FDA-approved marijuana products.

2026-03-31T05:00:00Z

Coming soon: New FMCSA enforcement playbook

The DOT is soon expected to issue a new rule that will affect how the Federal Motor Carrier Safety Administration (FMCSA) writes new guidance and runs enforcement cases. Though it may sound like inside-baseball, for motor carriers it could change the outcome of audits, investigations, and even settlement talks.

According to the DOT, the new “rule on rules” is aimed at making the enforcement process more fair, well-documented, and based on clear legal authority, not a game of “gotcha.” The rule was proposed a year ago and recently got the White House’s stamp of approval, clearing the way for final publication.

No fishing

As proposed, the rule directs the FMCSA and other DOT agencies to avoid “fishing expeditions” without enough evidence in hand to support an enforcement claim. It also spells out what an enforcement notice should include — what rule you allegedly violated, the key facts, and what rights you have to challenge it and “avoid unfair surprise.”

Transparency is another key component. The rule will require agencies to share potentially exculpatory evidence — basically, information in the government’s hands that could help you defend yourself or reduce the penalty. The proposed version of the rule states that “making affirmative disclosures of exculpatory evidence in all enforcement actions will contribute to the [DOT’s] goal of open and fair investigations and administrative enforcement proceedings.”

The rule is also expected to reinforce the fact that guidance documents — including interpretations issued by the FMCSA and often published along with FMCSA regulations — are not legally binding. In addition, agencies will need to take additional steps in the guidance development process, such as doing cost-benefit analyses and legal review, and getting public input.

Many of the changes in the proposed rule were in place prior to 2021 but were rescinded by the previous administration.

A new era for enforcement

One of the most intriguing changes in the rule will allow motor carriers to petition the DOT to argue that their staff violated procedural requirements. If the carrier wins, the proposed remedies go beyond a scolding for the investigators. They could include:

Removing the enforcement team,
Excluding certain issues or evidence,
Ordering certain factual findings, or
Restarting the enforcement action from the beginning or from an earlier point in the proceedings.

FMCSA enforcement cases dropped dramatically last year even without the new rule; the future may hold even fewer once the proposed changes go into effect.

Key to remember: A new “rule on rules” from the DOT is expected soon, and it could change the FMCSA’s enforcement playbook.

2026-04-23T05:00:00Z

FMCSA withholds more than $73 million from New York

The Federal Motor Carrier Safety Administration (FMCSA) is holding back over $73 million from New York. This withholding is in response to the state failing to revoke illegally issued non-domiciled commercial learner’s permits (CLPs) and commercial driver’s licenses (CDLs).

An FMCSA audit of New York’s non-domiciled commercial license issuance procedures noted:

A 53 percent failure rate for issued licenses that violated federal law, and
A default system that issued 8-year licenses to drivers regardless of when their legal status expires.

According to the FMCSA, New York has failed to execute corrective actions, including taking back noncompliant non-domiciled CDLs and CLPs.

The $73,502,543 being withheld represents 4 percent of the state’s National Highway Performance Program and Surface Transportation Program Block Grant funds.

2022-07-20T05:00:00Z

Carrying a personal weapon in a CMV

The legality of transporting a weapon for personal protection in a commercial motor vehicle (CMV) has long been a source of confusion for truckers.

The Federal Motor Carrier Safety Regulations do not address carrying a weapon in a CMV or on the driver’s person. Instead, the laws that must be followed by the commercial driver are the same as those that must be followed by the general public.

Differences between states

Since other states may not accept a home state’s gun license — and there is not national reciprocity — drivers who wish to take along a personal firearm must check whether the states in which they travel:

Have a concealed-carry law,
Accept another state’s concealed-carry permit, and
Have any concealed-carry differences from their home state’s allowances.

Also note that possession of other weapons (e.g., knife, bat, club) might be a state or municipal criminal offense. Mace may also be considered a weapon based on jurisdiction and is restricted to some extent in all states.

Crossing into Canada with a gun

Crossing the Canadian border with a gun is much different than traveling through different states.

First, the U. S. Department of State requires travelers to file Electronic Export Information for temporary export of personally owned firearms. Travelers must use the Automated Export System prior to departing the United States so the gun can re-enter the United States. Individuals must complete CBP Form 4457, a form used when U.S. travelers take personal effects abroad. If taking ammunition, and there is a possibility it will not be used while outside the United States, it must be re-imported along with the gun using CBP Form 4457.

Next, travelers must declare firearms to the Canada Border Services Agency (CBSA). Visitors must have necessary documents available for border agents, and the weapon must be stored and transported properly. In addition, visitors need to be aware that Canadian law prohibits more than 1,500 models of assault-style firearms.

If a driver arrives at the Canadian border with an undeclared firearm, the following consequences can occur:

Significant delay at the border
Fines
Criminal charges
Confiscation of the undeclared gun
A ban on the driver from returning to Canada

Anyone wishing to enter Canada with a firearm should compete the Non-Resident Firearms Declaration form before arriving at the border. The form should not be signed prior to reaching Canada because a CBSA customs officer must witness the gun owner’s signature. The Declaration is considered a temporary license that is valid for 60 days. A fee of $25 is charged to the traveler for this temporary permit. The Declaration can be renewed for free before it expires.

Re-entering the United States with a gun

There is a similar process when re-entering the United States with a previously exported firearm. Upon returning to the United States, a traveler must make a regular declaration regarding the personal effects and goods that they are carrying and ensure that they declare any firearm and ammunition.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations allow for the use of the CBP Form 4457 upon re-importation, and does not require an approved import permit, provided that CBP is satisfied that the firearm was previously exported from the United States and is now being returned.

Create a company policy on weapons

The hot topic of gun ownership and concealed-carry laws may be an opportunity for motor carriers to weigh the pros and cons of allowing their commercial drivers to carry a weapon where permissible.

Carriers may need to speak with their insurance provider and/or an attorney as it comes to a decision.

In addition to weapons in CMVs, a policy needs to address:

Concealed-carry permits at motor carrier facilities, and
Abiding by a weapons policy at customer locations.

Whichever direction the motor carrier takes, drivers need to know the policy so there is little doubt about the company’s stand on the matter.

2025-02-11T06:00:00Z

IFTA miles: All are reportable, some are taxable

Knowing the key differences between taxable and non-taxable miles can help you avoid costly errors, minimize payments, and claim your rightful refunds when filing your quarterly fuel tax returns.

ALL miles are reportable

Quarterly fuel tax returns required under the International Fuel Tax Agreement (IFTA) consider the fuel purchased and miles traveled to calculate a net tax balance. You must track and report all miles traveled, including empty or deadhead miles, personal conveyance miles, yard moves, etc., whether the miles are taxable or nontaxable. Exemptions allowed under other programs – like hours of service, for example – do not apply to this program.

Reporting all miles traveled and fuel purchased is important because the “total miles” and “total gallons” are used to calculate the average miles per gallon (mpg) for your fleet vehicles. Incorrectly reporting these totals will throw off the rest of your calculations, including your tax due or refund amounts.

Include all miles traveled for the total miles calculation to achieve the most accurate mpg, and then account for any exempt or non-taxable miles later in the report to keep them out of the “taxable miles” total.

SOME miles are taxable

Exempt miles under IFTA vary considerably by state. A few examples of exempt miles include:

Forest and agricultural roads in California,
Turnpike miles in Massachusetts and Nova Scotia, and
Off-highway and private roads in several states.

In addition, some jurisdictions allow fuel permit exemptions, where any miles driven under the permit are not taxable.

Note that all jurisdictions require documentation to support any claim of tax-exempt or non-taxable miles.

Also, be sure to understand and comply with the terms of any exemptions you claim. Remember those Massachusetts Turnpike miles? To claim those miles as exempt from IFTA, you must:

Retain all turnpike receipts and fuel invoices, and
File a separate “Use Tax Return” to the state by April 15 each year the exemption is taken.

Read the fine print for your exemptions

One common mistake is taking IFTA credit for toll miles in New York. While toll miles can be deducted from the New York Highway Use Tax (HUT) return, they are not deductible under IFTA.

Also, special rules apply when reporting travel in Oregon because that state does not impose a tax on motor fuels under IFTA. Instead, they charge a weight-mile tax through a separate filing (similar to those Massachusetts Turnpike miles). Still, for your IFTA return, miles traveled in Oregon are included with your “Total IFTA miles,” and the gallons delivered into your IFTA vehicles in Oregon are included with your “Total gallons purchased,” to calculate your fleet’s average miles per gallon.

Key to remember: Under IFTA, ALL miles must be tracked and reported, but SOME miles are exempt or non-taxable. Understand the difference to avoid errors, minimize payments, and claim refunds when qualified.

2022-12-27T06:00:00Z

Placarding responsibility – Whose is it?

Many shippers are unaware of their responsibility to provide placards to drivers, but the responsibility shifts as soon as the driver hits the road.

Check the regulations

According to Section 172.506 of the Hazardous Materials Regulations (HMR), a shipper offering a hazardous material for transportation by highway must provide the motor carrier with the required placards for the material being offered. The shipper must offer the placards to the carrier prior to, or at the same time as, the material is offered for transportation — unless the vehicle is already placarded for the hazmat.

Section 172.506 also states that no motor carrier may transport a hazardous material in a motor vehicle unless the required placards for the hazmat are affixed to the vehicle. Before transport, the driver is responsible for displaying the required placards for all the hazmat that is on the vehicle.

Avoid issues with shippers

Many trailers are equipped with flip placards that represent most classes of hazardous materials but without adequate training, shippers may not understand their responsibility to provide the driver with the required placards. If a driver arrives and the shipper fails to provide placards, the driver should contact dispatch for additional instructions or drive to a truck stop to secure the necessary placards. The driver becomes responsible for placards as soon as the trailer enters a public highway, so train your drivers to temporarily refuse the shipment until the proper placards can be obtained. If necessary, the driver must bobtail or leave empty before driving to pick up placards.

Another common placarding question with shippers involves combination loads. If a driver arrives at a shipper’s location and is already transporting a hazardous material below the placarding threshold, is the shipper required to provide placards for the combination load on the trailer? In this scenario, the driver already has 600 pounds of a Class 8 corrosive material on the trailer, and the shipper is offering an additional 500 pounds of the same commodity. The regulations state that the shipper is only required to provide placards for the commodity that is being offered, not for the aggregate weight of both shipments. In this scenario, the driver is responsible for providing placards since it involves a combination load.

The Hazardous Materials Regulations are complex, especially for newer employees. Drivers that can speak “hazmat” to shippers often secure additional business, so be sure to train your drivers and give them the confidence to have impactful conversations with shippers.

Key to remember: Carry extra placards in case a shipper is unable to supply the required placards or a combination of hazmat on the vehicle requires different placards.

Most Popular Highlights In Human Resources

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.

2026-04-24T05:00:00Z

Workplace violence prevention: Working together to create safer work environments

April is Workplace Violence Awareness Month. Organizations earmark April to focus on ways to reduce the risk of a violent incident happening in the workplace. By increasing awareness and fostering a culture of safety, organizations can help protect their employees from harm.

Health care settings

Health workers worldwide face a high risk of violence, with 8–38 percent experiencing physical attacks, while others are subjected to threats or verbal abuse, according to the World Health Organization (WHO). Most incidents involve patients or visitors. Those at greatest risk include nurses, patient-facing staff, emergency room personnel, and paramedics.

Violence against health workers harms staff well-being, morale, and retention, ultimately compromising quality of care and causing significant financial loss.

An OSHA proposed rule — ‘Workplace Violence in Health Care and Social Assistance’ — was moved to Long-Term Action status, according to the Spring 2025 regulatory agenda that was released on September 4, 2025. Long-Term Actions are items under development, but the agency doesn’t expect to have a regulatory action within the 12 months after the latest edition of the agenda.

This turn of events was surprising since OSHA had been working on a standard for preventing workplace violence in health care and social assistance settings. OSHA had planned to publish the proposed rule in the Federal Register in June 2025.

Even without a federal standard addressing workplace violence in health care, several states have their own health care violence prevention laws in place.

General Duty Clause

Although OSHA doesn’t have a workplace violence standard, employers must provide a workplace that’s free of known health and safety hazards. This is addressed in OSHA’s General Duty Clause (GDC), Section 5(a) of the Occupational Safety and Health (OSH) Act.

The following elements are necessary for OSHA to prove a violation of the GDC:

The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed;
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.

A general duty citation must involve both the presence of a serious hazard and exposure of the cited employer’s own employees.

During a violent incident investigation, OSHA inspectors would likely gather evidence about whether an employer knew that a potential workplace violence hazard existed and whether there were feasible means to prevent or minimize such hazards. Investigators might also look at evidence of any potential whistleblower retaliation in which workers complained about workplace violence risks or reported injuries from workplace violence incidents.

Health care facilities have been cited when staff were injured by violent patients or visitors. In one case, nurses were regularly assaulted, but the hospital had no prevention program, no staff training, and no reporting system. OSHA stepped in using the GDC. Prevention could have included de-escalation training, secure facility layouts, panic buttons, and post-incident support.

Tips for preventing violent acts

In most workplaces where risk factors can be identified, violent acts can be prevented or minimized.

Building respectful workplaces is one way to do this. The most common forms of uncivil behaviors are when employees:

Address others in disrespectful ways,
Interrupt those who are speaking, and
Micromanage people to an excessive degree.

Providing employees with civility training — which differs from anti-harassment training — can help to create more respectful work environments with less conflict. While civility training isn’t only focused on preventing harassment, that could be a component.

Research has shown that incivility can be a precursor to harassment. In contrast to anti-harassment training, civility training tends to give employees positive examples of how to behave, versus actions to avoid.

The training typically includes a focus on:

Interpersonal communication,
Conflict resolution, and
Effective supervisory techniques.

How civility training is presented will depend on the size of the workforce, demographics, location, industry, etc. There is no one-size-fits-all approach. The point is to get employees to be more aware of how their words and actions impact others, and how they should treat everyone with respect.

It’s also important to watch for signs that someone could turn violent. While there’s no guarantee that one or more questionable behaviors equate to a potential incident, some warning signs come from someone experiencing personal or work issues.

They could be struggling financially, going through a divorce, or having health issues. Work triggers could stem from negative employment actions, like a demotion or termination, or other types of conflict.

Key to remember: April is Workplace Violence Prevention Month. Now’s the time to focus on ways to keep all employees safe.

2026-04-16T05:00:00Z

May employers transfer employees on intermittent leave?

When employees take intermittent leave under the federal Family and Medical Leave Act (FMLA), employers might want to move them into a different position that better suits the needs of the business. Employers must, however, tread carefully, because they may make such transfers or reassignments only in limited circumstances.

Foreseeable leave only

Employers may require employees on intermittent or reduced schedule leave only if the leave is foreseeable based on planned medical treatment for the employee, a family member, or a covered servicemember, including during a period of recovery from:

The employee’s own serious health condition;
A serious health condition of a spouse, parent, or child; or
A serious injury or illness of a covered servicemember.

Employers may also require employees to transfer to an alternative position in cases of intermittent or reduced-schedule leave for bonding with a healthy child.

Unforeseeable intermittent leave might cause the majority of the headaches, but employers may not permanently transfer employees who take this type of leave.

Instead, in these situations, employers may require an employee to transfer temporarily, while the employee needs leave, to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position.

Alternative positions

In situations when employers may transfer employees to an alternative position, the position must have equivalent pay and benefits, but it doesn’t have to have equivalent duties.

Employers may increase the pay and benefits of an existing alternative position to make them equivalent to the pay and benefits of the employee's regular job.

Employers may also transfer the employee to a part-time job with the same hourly rate of pay and benefits, provided they don’t make the employee take more leave than is medically necessary.

For example, employers could transfer an employee who wants to take leave in increments of 4 hours per day to a half-time job. They could also keep the employee in their original job on a part-time schedule, paying the same hourly rate as the employee's previous job and enjoying the same benefits.

Employers may not eliminate benefits that they otherwise wouldn’t give to part-time employees. They may, however, proportionately reduce benefits, such as vacation leave, where their normal practice is to base such benefits on the number of hours worked.

Employers may not transfer an employee to an alternative position to discourage them from taking FMLA leave or impose a hardship on the employee. They may not, for example:

Transfer a white-collar employee to perform laborer's work,
Reassign an employee working the day shift to the graveyard shift, or
Reassign an employee working in the headquarters facility to a branch at a significant distance away from the employee's normal job location.

Job reinstatement

When employers may transfer employees to an alternative position, and those employees no longer need FMLA leave, employers must put them in the same or equivalent job as before.

Key to remember: Employers may transfer employees who take intermittent leave to an alternative position, but only if the leave is foreseeable.

2026-04-23T05:00:00Z

Oregon minimum wage to increase

Effective date: July 1, 2026

This applies to: Employers with employees in Oregon

Description of change: The Oregon Bureau of Labor and Industries released information on the hourly minimum wage increases effective July 1, 2026:

Standard: $15.55
Portland Metro: $16.80
Non-Urban Counties: $14.55

The Oregon minimum wage rate is indexed to inflation based on the Consumer Price Index, a figure published by the United States Bureau of Labor Statistics.

View related state info: Minimum wage - Oregon

2025-03-27T05:00:00Z

Who can fill out FMLA forms? The answer might surprise you

One of the most common questions involving the federal Family and Medical Leave Act (FMLA) that we see is: “Can ________ fill out the medical certification?”

This question stumps a lot of HR people and can be a little confusing.

It might be easier to start with who CAN’T fill out an FMLA certification. That includes your coworker, best friend, neighbor, or pet.

Jokes aside, often (but not always) a doctor fills out the FMLA certification, and since March 30 is “Doctors’ Day,” this is a great time to discuss this topic.

FMLA certification basics

Employers aren’t required to use certifications, but if they do, the U.S. Department of Labor (DOL) has five different certification forms to use for various FMLA leave situations.

The forms are as follows:

Certification of Health Care Provider for Employee's Serious Health Condition,
Certification of Health Care Provider for Family Member's Serious Health Condition,
Certification of Qualifying Exigency for Military Family Leave,
Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave, and
Certification for Serious Injury or Illness of a Veteran for Military Family Leave.

Let’s focus on the first two, as these are the most common ones HR administrators use.

Who can fill out an FMLA certification?

The FMLA regulations describe the person who has the authority to fill out a certification as a “health care provider.” The good news is, the regulations include a lengthy list of medical professionals who fit this role.

Under the FMLA, a health care provider includes:

A doctor of medicine or osteopathy,
A podiatrist,
A dentist,
A clinical psychologist,
An optometrist,
A chiropractor (limited to manual manipulation of the spine as demonstrated by X-ray),
A nurse practitioner,
A nurse midwife,
A clinical social worker,
A physician assistant,
A Christian Science practitioner, and
Any health care provider from whom the employer or the employer's group health plan's benefits manager will accept a medical certification to substantiate a claim for benefits.

To be qualified to fill out FMLA forms, medical professionals must be authorized to practice in the state and perform within the scope of their practice. This means that the provider must be authorized to diagnose and treat physical or mental health conditions.

What about doctors in a foreign country?

If an employee or an employee's family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the employer must accept a medical certification from a health care provider who practices in that country. This includes second and third opinions.

If a medical certification from a foreign health care provider is not in English, the employee may be required to provide a written translation of the certification.

Key to remember: The FMLA regulations spell out which medical professionals can fill out certification forms.

2024-05-07T05:00:00Z

May employees take FMLA leave to care for family members outside the U.S.?

Yes, employees may take leave under the federal Family and Medical Leave Act (FMLA) to care for family members who are outside U.S. borders.

If the employee meets the eligibility criteria of the FMLA, the family member has an FMLA serious health condition, and the employee is needed to care for the family member, the employee’s time off would be protected. It doesn’t really matter where the family member is.

To figure out whether the family member’s condition meets the criteria under the FMLA, employers may require that the employee provide a certification supporting the leave.

Certifications in other languages

If an employee or a family member is visiting in another country, or a family member lives in another country, and a serious health condition develops, employers must accept a medical certification from a health care provider who practices in that country. This rule applies to an original certification, a recertification, and when requesting a second or third opinion from a provider.

If a certification by a health care provider from another country is in a language other than English, employers may require that the employee provide a written translation of the certification.

Traveling to care for family member

If family members are outside the U.S., employees will need to spend some time traveling. The employee’s travel time would likely be seen as part of the FMLA leave if:

The travel is so intertwined with the care, or
If it is needed to obtain the care.

Handling intermittent leave

Employees may also take intermittent FMLA leave to care for far-away family members. Employers would manage such leave the same way they do for intermittent leave inside the U.S. Employers should:

Give the employee an eligibility/rights & responsibilities notice within five days of being put on notice,
Ask for a certification if desired (including a translation),
Give the employee a designation notice within five days of getting enough information, and
Track the employee’s leave time.

Whenever employees are away from the physical worksite, tracking how much intermittent FMLA leave they are taking has its own challenges. Employers may use a simple honor system of self-reporting or technology to keep track of when the employee is taking FMLA leave and when the employee is working.

Key to remember: Eligible employees may take FMLA leave to care for family members who are outside the U.S.

Most Popular Highlights In Safety & Health

2026-04-22T05:00:00Z

Ladders, familiar work, serious risks

Ladder-related standards consistently rank among OSHA’s top 10 most cited violations. Every year, serious injuries continue to occur, not because ladders are unsafe, but because they’re used in ways people don’t recognize them as risky.

Preventing ladder incidents starts with recognizing when everyday tasks introduce risk and making deliberate choices to use, position, and reassess ladders before unsafe habits take hold.

Ladders feel safe, until they’re not

Ladders don’t usually trigger a sense of risk because they’re seen as a part of everyday work. When tasks feel quick and familiar, people don’t always stop reassessing the setup. That’s how unsafe ladder habits with big consequences can develop, including:

standing on the top step “just for a second;”
reaching too far instead of climbing down;
using whatever ladder is closest, not the right one; and
skipping ladder inspections because “it worked last time.”

Ladder safety isn’t going away, and that’s not a bad thing

If ladder safety feels like a repeat conversation, that’s because the same risks keep showing up. New employees are hired; facilities and equipment changes, and old habits stick around longer than they should. Even experienced workers fall into this trap. Familiar tasks start to invite rushing. Rushing leads to shortcuts, and shortcuts are where ladder injuries happen.

Emphasis must be placed on recognizing the risk before the climb starts. This means knowing when a ladder is the wrong choice, repositioning is safer than reaching, and when a quick task deserves the same setup as a longer one.

Most incidents don’t start with bad intentions. They start with “just this once” decisions, one more rung, one quick reach, one skipped check. Effective ladder safety training is about breaking routines and refocusing attention on the decisions that make ladder work safer.

Routine work, repeat injuries

Ladder injuries follow a familiar pattern. They don’t usually come from unusual jobs or unexpected hazards, and they happen during everyday tasks that feel common. Injury reports often look the same, such as short tasks, quick setups, and decisions made under time pressure. The ladder didn’t fail. The setup and the decisions around it did.

Injury data from OSHA and the Bureau of Labor Statistics (BLS) consistently point to the same causes. That’s why the same types of ladder injuries keep occurring repeatedly, not because the hazards are unknown, but because routine work makes those hazards easier to overlook. These reasons include:

people underestimate the risk because ladders feel familiar;
jobs feel “too small” to stop and reset the ladder;
time pressure encourages leaning, rushing, and overreaching; and
experience leads to comfort, and comfort leads to shortcuts.

The rules are written in injuries

OSHA ladder requirements are built around real injury trends and are based on decades of injury data. Falls from ladders remain one of the leading causes of workplace injuries, which is why OSHA keeps ladders near the top of its enforcement priorities year after year:

OSHA 29 CFR 1910.23 defines how ladders are intended to be used, specifically prohibiting practices such as standing on the top step of a stepladder, using ladders for purposes they were not designed for, and climbing ladders that have not been inspected. These requirements exist because improper use, poor setup, and skipped inspections consistently show up in ladder fall investigations.

OSHA 29 CFR 1910.30 reinforces that preventing ladder injuries depends on training employees to recognize hazards before they climb, understand proper ladder selection and positioning, and know when a ladder is not the right tool for the task. Together, these standards emphasize that ladder injuries are not random events, they are predictable outcomes of routine decisions made during everyday work.

Small choices make a big difference

Ladder safety isn’t only about compliance. Incidents develop from a series of small, moment to moment decisions made during routine work. These choices made daily either reduce risk or quietly add to it. Ladder injuries can be avoided by taking the time to make simple improvements including:

inspecting and securing the ladder,
climbing down and repositioning,
selecting the proper ladder for the task, and
stopping when the ladder no longer feels stable or safe.

Key to remember: Take the time to choose safer setups, stay alert, and prevent routine decisions from turning into preventable injuries. When employees choose the correct ladder, reposition instead of reaching, and inspect before use, the risk of ladder injuries falls, not your employees.

2026-04-23T05:00:00Z

Got safety handbooks? We asked, you answered

Employee training, onboarding, ongoing reference … We asked the J. J. Keller Insights Community, a group of customers who share feedback about safety-related topics, how they use safety handbooks in their workplaces. These handbooks are purchased – not created in-house by the panelists or their company – and may focus on a specific topic, like personal protective equipment (PPE), or cover a broad range of environmental, health, and safety (EHS) topics.

More than 70 percent of respondents said they require new employees to review safety handbooks during onboarding. Another 58 percent said they use them for refresher or ongoing training, and several respondents mentioned using them for reference purposes.

Handbooks can play an important role in workplace safety and health programs. For new employees, they help set clear expectations before starting work, identify where to find vital safety information, and build safe habits early on. Handbooks also help ensure consistency by delivering the same core safety information to all employees regardless of department, shift, or trainer.

For supervisors and managers, safety handbooks are practical tools for leading toolbox talks, reinforcing or developing training materials, and addressing unsafe behaviors.

Shared versus individual handbooks

Nearly 60 percent of survey respondents bought one handbook (or a few) and shared them among employees, while 42 percent provided individual handbooks for each employee. Of those who purchased one or a few, they typically kept the handbooks in central or safety-related locations, such as:

Main offices
Safety or compliance offices
EHS departments
Classroom or training spaces
Shared libraries near Safety Data Sheet binders or training areas
Shop floors near work areas

Use in training programs

As mentioned, the majority of those surveyed said they use safety handbooks as part of new hire, ongoing, and refresher training. This includes the following uses:

Building or supporting existing training programs
Creating quizzes or review questions
Supporting skills testing (e.g., forklift, ladder, PPE)
Providing supplementary materials for:
- Toolbox talks
- OSHA 30 courses
- Job-specific trainings (e.g., load securement, bloodborne pathogens, Federal Motor Carrier Safety Regulations)

Additional survey feedback

Open-ended survey responses highlighted that some companies prefer visual presentations or digital formats over print publications, with some expressing concern that hard copy materials may quickly become outdated. Others said they use handbooks only as background reference for the EHS team and see a need to increase handbook use in their company.

Key to remember: Safety handbooks can serve as a core part of safety and health programs by giving employees and supervisors a shared reference for training conversations and expectations.

2026-04-20T05:00:00Z

How heat becomes fatal

Imagine a workplace where the real danger is something you can’t even see. Extreme temperatures don’t just make workers uncomfortable; they can silently push the human body past its limits, triggering a deadly chain reaction. When cooling mechanisms fail, organs shut down, and what starts as simple dehydration can spiral into heatstroke which kills more workers than many realize. Understanding how heat becomes lethal is the first step toward preventing tragedy.

What’s happening to the body?

No one is immune from extreme heat when controls are lacking. While some workers are more vulnerable (e.g., older workers, seasonal workers, or those not acclimatized to the heat), the human body still reacts to heat when temperatures soar.

As temperatures rise, the heart pumps harder to maintain core body temperature. Blood helps millions of sweat glands in the body to send moisture to the skin’s surface, allowing heat to evaporate into the air. This process is meant to cool the body. However, when it’s extremely hot and humid, the sweat glands just can’t keep up, and cooling becomes impossible without the additional help of cooling aids.

Humidity, or moisture in the air, prevents sweat from evaporating off the skin. This keeps the body from cooling effectively which can create overheating. As the body continues to overheat, it sweats more, which results in reduced blood volume and dehydration. This can quickly lead to two additional negative consequences:

Blood pressure drops. The heart is required to pump more to maintain pressure so blood can reach vital organs. When blood can’t effectively reach the lungs or brain, the body begins to shut down quickly and cognitive abilities can decrease rapidly or cease altogether.
Dehydration ensues. Typically, by the time you feel thirsty, you are already dehydrated. Continued fluid loss means the body has nothing to create sweat with to send to the skins surface.

A lack of blood flow to vital organs, along with dehydration, lead to poor decision-making and impaired judgment, which can result in serious workplace incidents; some of which can be fatal.

What are the warning signs?

The body will tell you when it’s in trouble. Heat exhaustion warning signs begin with symptoms such as:

Excessive sweating;
Cool, pale, or clammy skin;
Light-headedness from a weak pulse;
Nausea or vomiting;
Muscle cramps; and /or
Unusual irritability.

These are tell-tale signs that your body is dehydrated and starting to lose the ability to self-cool. If protective measures like hydration, rest, and external cooling aren’t taken right away, heat exhaustion can quickly become heat stroke. This can happen within minutes, creating a quick downward spiral to disorientation, unconsciousness, organ shutdown, and heart failure.

How can killer heat be stopped?

Heat can be deadly, but it doesn’t have to be. By applying these simple controls and safe work practices, you can help protect workers from life-threatening heat exposure:

Water: Ensure workers consume at least 1 quart of suitably cool water per hour (or 8 oz every 15 minutes) during excessive heat. Avoiding caffeinated or sugary drinks will also help ward off dehydration.
Rest: Encourage workers to take frequent breaks from the heat in artificially or naturally shaded areas, where there is air movement, or in an air-conditioned area.. Ensure break areas are as close as possible to the work area and are sufficient enough to hydrate, remove PPE, and cool down.
Shade: Provide shade areas (e.g., tents), fans, air-conditioning, or cooling stations.
Acclimatization: Gradually increase employee exposure over time so the body isn’t more stressed in the heat, then monitor workers closely during this time.
Administrative controls: Plan more intensive work activities for cooler parts of the day, implement a buddy system for monitoring workers, and rotate workers so frequent breaks are possible. Monitor weather conditions so work can be adjusted accordingly.
Clothing and PPE: Provide hats and cooling gear for workers and encourage them to wear lightweight, loose-fitting, and light-colored clothing.
Training: Train workers to understand dangerous temperatures and how to recognize and respond to symptoms of heat stress.
Be prepared! Implement a heat injury and illness prevention plan that includes quick medical access and care.

Keys to remember: Heat becomes lethal when the body’s cooling mechanisms fail, allowing core temperature to rise beyond control. Prevention methods are essential for halting heat stress that can trigger widespread cellular damage, inflammation, and organ failure.

2024-01-10T06:00:00Z

Clear vision, sound safety: The role of vision and hearing tests for forklift operators

The powered industrial truck standard at 1910.178 does not specifically address the vision and hearing requirements of operators. However, there are obviously some potential concerns and safety issues. These need to be evaluated by the employer (and appropriate medical personnel) in light of specific operations and work environment.

OSHA has issued letters of interpretation (LOI) addressing both vision (LOI dated October 20,1976) and hearing (LOI dated January 26, 1998) impaired potential forklift operators. These letters make no mention of vision or hearing requirements but do point out an ANSI B56.1 standard which suggests “an examination…include such things as field of vision, hearing, depth perception and reaction timing”, as well as “require employers to assure that operators are qualified as to visual, auditory, and mental ability to operate the equipment safely."

It should be noted that OSHA has not incorporated these ANSI requirements as an OSHA standard as of yet. That means it is up to the employer, through consultation with the appropriate medical personnel, to ensure their forklift operators can operate the equipment safely. Employers may not discriminate against an employee based on any impairment.

OSHA encourages employers to explore reasonable accommodations that will allow otherwise-qualified individuals to remain on the job while eliminating threats to the health or safety of others in the workplace.

Understand impairment concerns

Employers may have concerns for those workers with a hearing and/or vision impairment that wish to be trained as forklift operators. By recognizing potential safety issues, they can work to implement appropriate measures for the operator.

Around 15 percent of adult Americans say they have trouble hearing. For those with a hearing impairment, potential safety concerns with forklift operation may include difficulty or inability to hear the following:

pedestrians nearby;
horns or other warning signals;
verbal instructions and training;
other equipment;
potential malfunction of the forklift; and
emergency signals.

In addition, 18.4 percent of adult Americans are either blind or experience “a lot” or “some” visual impairment, even with corrective glasses in place . Potential safety risks associated with forklift operation for those who have a vision impairment may include:

inadequate depth perception;
insufficient peripheral vision;
difficulty seeing pedestrians; and
trouble differentiating different work environments.

Focus on appropriate measures

Hearing and vision impairment does not mean forklift operation is impossible, it simply suggests the employer may need to consider reasonable accommodations and implement appropriate measures for the operator.

For those with hearing impairments, this could include:

installing vibrating alarms or lights to notify the operator of potential threats;
utilizing hand signals or written instructions as a form of communication;
increasing usage of mirrors and/or cameras to improve situational awareness; and
providing specialized training for operators with hearing impairments.

For those with vision impairments, this could include:

installing audible proximity detectors or sensors;
enforcing pedestrian walkways and requiring hi-vis apparel;
establishing clear communication methods and large signage where appropriate;
maintaining floor markings, clear pathways, and adequate lighting; and
providing specialized training for operators with vision impairments.

Remember the operation requirements

At a minimum, workers must receive proper training and certification before being allowed to operate a forklift. Such training includes a combination of formal instruction, practical training, and evaluation. Operators must be re-evaluated every three years, and refresher training provided to those who meet certain criteria. Also keep in mind, it is a violation of Federal law for anyone under the age of 18 to operate a forklift regardless of ability.

Key to remember

Ultimately, it is up to each employer (with a physician’s guidance, if necessary) to determine if an employee can operate the forklift in a safe manner.

2025-01-17T06:00:00Z

Are you meeting OSHA’s requirements for electronic SDS storage?

OSHA allows employers to maintain Safety Data Sheets (SDSs) in hard copy or electronic format as long as there are no barriers to employee access. Informal polls conducted during our recent Hazard Communication (HazCom) webcasts show that attendees are close to evenly divided in their preference for maintaining SDSs in hard copy versus electronically, with many attendees choosing both methods. If you maintain SDSs electronically, be sure you’re meeting OSHA’s requirements.

Electronic storage doesn’t mean an internet search

Employers may make SDSs available to employees on a company website or contract with an off-site/web-based SDS provider. It’s not acceptable to require employees to perform an internet search to view or obtain an SDS.

If you maintain SDSs electronically, you must ensure that:

All employees have adequate computer access, with no restrictions;
There’s a backup procedure or system (e.g., paper, another electronic system) in place in case the primary system isn’t functioning;
Employees are trained on how to access the SDSs (both on the computer and the backup procedure or system); and
There’s a procedure or system in place to ensure that employees can receive a hard copy if they request one and in cases of emergency (which must be transmitted to medical personnel). It’s not acceptable to only transmit the information verbally.

Back it up!

What does OSHA mean by a backup procedure or system? This could be as simple as hard copies of SDSs in binders. If the internet or power goes down, it’s the most reliable option. However, if you have hundreds (or thousands!) of hazardous chemicals, this can be a challenge to maintain. I asked two of my colleagues about their industry experience with SDSs. One colleague said that in his previous position, he printed his SDS library once a year and kept the file in his office, but also placed the SDS inventory on a backup drive that he could access on another computer if necessary.

Another colleague said a second server may be an option, or an up-to-date thumb drive that can be plugged into another computer (provided there’s power). A lot depends on if power outages or internet interferences are of concern (which can be the case at any time). Some employers have the luxury of a secondary location that could provide digital access for some employees, but usually paper backups are the fallback.

Key to remember: If you store SDSs electronically, make sure you meet OSHA’s requirements, including that of a backup system or procedure.

2024-04-03T05:00:00Z

Does OSHA suddenly require “helmets” now instead of hard hats?

Ever since OSHA published its Trade Release on December 11, 2023, people have been scratching their heads about the “new” PPE requirement.

But here’s the thing. There isn’t a new requirement for “helmets” instead of hard hats.

So where’s the confusion? And what is actually required?

OSHA’s announcement on helmets vs. hard hats

OSHA released a Safety and Health Bulletin (SHIB 11-22-2023) on November 22, 2023, detailing the key differences and benefits of using modern safety helmets over traditional hard hats.

And just a few weeks later, in the December 11, 2023 Trade Release, the Agency announced it would now require its inspectors to wear Type II head protection, which is also commonly referred to as safety helmets.

The two main benefits of Type II safety helmets

The November 22, 2023 SHIB discussed two main benefits of choosing modern safety helmets over traditional hard hats -- the construction of materials and the use of chinstraps.

Construction of Materials:

The SHIB first explained that one of the benefits of safety helmets lies in their construction materials.
While hard hats are made from hard plastics, safety helmets incorporate a combination of materials, including lightweight composites, fiberglass, and advanced thermoplastics.
Such materials can help enhance the impact resistance of the helmets but also include the added benefit of reducing the overall weight of the helmet. This reduces neck strain and improves comfort during extended use.

Use of Chinstraps:

The SHIB also discussed the potential benefits of chinstraps used in conjunction with Type II safety helmets.
The general idea here is that chinstraps can be helpful in maintaining the position of the safety helmet and protecting the worker’s head in the event of a slip, trip, or fall.
According to data from the Bureau of Labor Statistics, head injuries accounted for nearly 6% of non-fatal occupational injuries involving days away from work. About 20% of those were caused by slips, trips, and falls.

And while OSHA has recognized the benefits of Type II safety helmets, and is actively taking steps to protect its own employees, it’s important to understand that there is not a new requirement for employers to make the switch to safety helmets.

That being said, a growing number of employers have recognized the benefits of added head protection and are choosing to use Type II helmets for their workers. In addition, some clients are starting to contractually require their construction contractors to make the switch as well.

Understanding the different types of head protection

Hard hats will have a Type I or Type II rating on the manufacturer’s sticker. These markings are based on ANSI Z89.1’s impact ratings.

Type I hard hats protect from objects or impacts from the top center area of the hard hat and are often used in work areas with no lateral head impact hazards.

Type II hard hats, on the other hand, offers protection from both top and lateral impacts and objects and is often found on construction job sites or complex general industry settings where workers face multiple head contact exposures.

Hard hats are classified based on their level of voltage protection. See the chart below.

Class G – (General) low voltage protection.
Class E – (Electrical) high voltage protection.
Class C – (Conductive) no voltage protection.

Choosing the right head protection for your employees

Employers should conduct a job hazard analysis and/or a PPE assessment to determine which style hard hat is best for their workers. In general, OSHA recommends the use of Type II safety helmets at the following locations:

1. Construction Sites: For construction sites, especially those with high risks of falling objects and debris, impacts from equipment, or slips, trips, and falls, safety helmets have enhanced impact resistance and additional features that offer superior protection compared to the components and construction of traditional hard hats.

2. Oil and Gas Industry: In these sectors where workers face multiple hazards, including potential exposure to chemicals and severe impacts, safety helmets with additional features can provide comprehensive protection.

3. Working from Heights: For tasks or jobs that involve working from heights, safety helmets offer protection of the entire head and include features that prevent the safety helmet from falling off.

4. Electrical Work: For tasks involving electrical work or proximity to electrical hazards, safety helmets with non-conductive materials (Class G and Class E) provide protection to prevent electrical shocks. However, some traditional hard hats also offer electrical protection.

5. High-Temperature Environments: In high temperatures or where there is exposure to molten materials, safety helmets with advanced heat-resistant properties can provide additional protection to workers.

Key to remember: While there isn’t a new requirement for safety helmets, employers should review their workplace hazards to determine which style of hard hat will best protect their employees.

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