Last call: Random alcohol and drug testing

A Title V operating permit is a legally enforceable document with the federal and state air emissions regulations that a facility must meet to operate. One requirement that applies to all Title V permit holders is the annual compliance certification. It answers whether a facility fulfills the permit’s terms and conditions (such as emissions limits, monitoring, recordkeeping, and reporting).

Whether the Environmental Protection Agency (EPA) or a state or local regulatory agency issues the Title V permit, your facility must complete the annual compliance certification.

Discover what your facility needs to comply, certify, and repeat.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. There’s a lot going on, so let’s get started!

As happens at the start of most incoming presidential administrations, a freeze has been placed on all regulatory activity at the federal level, giving the new administration time to review agencies’ plans. The Office of Management and Budget, which must approve most rulemaking activities, has sent numerous pending rules back to the agencies for review. In addition, OSHA withdrew its infectious diseases proposed rule and its COVID-19 in healthcare rule prior to the inauguration.

OSHA’s penalties increased on January 15. The maximum penalty amounts for serious and other-than-serious violations increased to $16,550. For willful or repeated violations, the maximum penalty increased to $165,514 per violation.

OSHA updated its directive on injury and illness recordkeeping policies and procedures. While it’s intended for OSHA compliance officers, employers can use the information to help with recordkeeping compliance.

Fewer workers died on the job in 2023, as fatal work injuries decreased 3.7 percent from 2022. Transportation incidents remained the most frequent type of fatal event, accounting for over 36 percent of all occupational fatalities.

California’s Occupational Safety and Health Standards Board voted to adopt a permanent silica standard. If approved, it would extend and strengthen the state’s emergency temporary standard, which was put in place in December 2023.

The National Institute for Occupational Safety and Health updated its List of Hazardous Drugs in Healthcare Settings. This is a resource for employers and employees in identifying drugs that are hazardous to the health and safety of those who handle them.

Turning to environmental news, EPA released the biannual update of the nonconfidential TSCA inventory. The inventory helps facilities determine their regulatory requirements for the chemicals they use or plan to use.

And finally, EPA added new Management Method Codes to describe how hazardous waste will be managed after temporary storage and transfer. As of January 1st, hazardous waste handlers must use the codes on the Biennial Report Waste Generation and Management forms.

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

Facilities that run like a well-oiled machine often rely on just that — operational equipment that stores and uses oil to function (like hydraulic systems). But wherever oil is stored, there’s always the possibility of a leak, and spilled oil can do serious harm, especially if it reaches water.

That’s where the Environmental Protection Agency’s (EPA’s) Spill Prevention, Control, and Countermeasure (SPCC) rule comes in. Usually, regulated facilities must equip oil-filled operational equipment with general secondary containment, which is designed to temporarily hold discharged oil until it can be properly cleaned up. However, some facilities may have another compliance option available.

EPA offers an alternative to secondary containment for qualified oil-filled operational equipment. Let’s take a look at the eligibility criteria and what the other method of compliance requires.

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’s happened over the past month.

OSHA released its Spring 2025 regulatory agenda on September 4. Many rulemakings have been pushed into the fourth quarter of 2025 and the first half of 2026, while a few have been removed from the agenda altogether. These include Infectious Diseases, Blood Lead Level for Medical Removal, and the Musculoskeletal Disorders Column on the OSHA 300 log.

Three rules moved into the long-term actions category – Workplace Violence in Health Care and Social Assistance, Cranes and Derricks in Construction, and Process Safety Management and Prevention of Major Chemical Accidents. The proposed rule stage saw an influx of new entries, most of which were published in the July 1 Federal Register.

The Standards Improvement Project, slated for proposal in May 2026, intends to “remove, modernize, or narrow duplicative, unnecessary, or overly burdensome regulatory provisions.”

OSHA renewed its alliance with the National Waste and Recycling Association and the Solid Waste Association of North America. The partnership will focus on safety issues such as transportation hazards; slips, trips, and falls; needlestick and musculoskeletal injuries; and health issues associated with lithium battery hazards in waste/recycling collection and processing.

For the 15th year in a row, fall protection for construction topped OSHA’s list of top 10 violations. In fiscal year 2024, there were 5,914 recorded fall protection violations, down from 7,271 in fiscal year 2023. The standards that round out the top 10 remain unchanged, with a shift in some of the rankings.

Turning to environmental news, EPA proposes to eliminate the Greenhouse Gas Reporting Program requirements for all source categories except the petroleum and natural gas systems category. The agency also proposes to suspend compliance obligations for covered facilities until 2034. A public hearing was held October 1 and stakeholders have until November 3 to comment on the proposal.

Hazardous waste handlers may continue to use 5-paper copy manifest forms. EPA announced it will accept these forms from entities regulated by the Resource Conservation and Recovery Act, or RCRA, until further notice. The agency will give a 90-day notice before it plans to stop accepting the 5-copy forms.

And finally, EPA published its Spring 2025 regulatory agenda on September 4. The agenda outlines the agency’s upcoming regulatory actions and their status in the rulemaking process. Major updates on the docket include those for greenhouse gases, risk management rules, and the Renewable Fuel Standards for 2026 and 2027.

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

The National Safety Council estimates at least 60,000 people are injured, with another 500 being killed, in parking lot crashes each year. Employers can proactively circumvent parking lot collisions at their worksites by implementing a few simple policies.

With one in five accidents happening in parking lots and the potential for recordable events, putting the brakes on parking lot collisions is critical for employers. Reducing speed limits is one way to prevent collisions. However, even going 5 miles per hour can do a lot of damage to a pedestrian who wasn’t seen by a distracted driver. Employers can reduce parking lot collisions by:

• Managing speed and traffic flow in parking lots. As mentioned, reducing speeds in parking lots is an effective way to prevent collisions. However, the additional management of traffic flow can also assist. Establishing separate entrances and exits as well as providing designated truck or heavy equipment access can help keep a smooth, collision-free traffic flow.
• Ensuring parking lots are well-lit with adequate distance and clearance for parking spaces. Confined spaces and vision obstructions make safely navigating parking lots difficult. Ensure there’s adequate space for parking to avoid unnecessary congestion. Illumination, whether natural or artificial, should provide good distribution of light and prevent glare, objectional shadows, and extreme contrasts that can make objects difficult to see.
• Prohibiting distracted driving while on company property. A recent study by the National Safety Council revealed that drivers are more distracted when in parking lots than on the road. Drivers admitted in the study that they make calls, set the GPS, answer emails, and even watch videos while in parking lots as they feel it’s safer than doing so while on faster roadways. These behaviors should be strictly prohibited while vehicles are in motion.
• Executing a “pull-through first” requirement for parking vehicles. Since backing a vehicle is more hazardous than driving forward, pull-through parking spaces are the safest method for parking. The second option would be backing into a parking spot. Because drivers are already in the mindset of watching for road hazards, they’re most alert to back into a parking space when entering a parking lot. Contrarily, drivers tend to be more tired or distracted when first getting into a parked vehicle. Therefore, they may not be as alert to hazards while backing out of the parking space.
• Implementing a 360 walk-around procedure. The concept of a 360 walk-around is quite simple. Before a driver is permitted to move a vehicle from the parking lot, they’re expected to walk around the entire vehicle and look in, over, under, and through it. This reveals to the driver any obstructions, oil or fuel leaks, flat tires, or other issues that may result in an incident or collision if the vehicle is moved or operated.

These safety measures also offer a great opportunity to boost an off-the-job safety initiative. Once procedures and practices are implemented at work, they often become habits at home as well!

Do you have questions on how to avoid or deal with driving an overweight truck in Canada? It can have serious consequences if your commercial vehicle is deemed overweight by the regulations of the jurisdiction where you plan to operate. When a vehicle is overweight, permits are issued for trucks and loads that exceed the weights set by the ruling transportation body of each province and permits are valid typically for highways only. If you want to drive on municipal roads, you may be required to get additional permits or permission directly from that municipality.

What you need to be aware of will depend on the province in which you are planning to operate. The maximum weight allowed for commercial vehicles in Canada depends on the registered gross vehicle weight (RGVW), the axle configuration and spacing, and the type of tires.

For example, in British Columbia, The maximum weight allowed for commercial vehicles in BC depends on the licensed gross vehicle weight (GVW), the gross combination vehicle weight (GCVW), the axle configuration and spacing, and the type of permit. The maximum GCVW for term permits in BC is 64,000 kg.

Training time is time spent wisely, but a big question remains: how should it be recorded?

Ongoing driver training is critical for ensuring that commercial motor vehicle drivers operate their vehicles safely and compliantly.

In fact, a recent report from the American Transportation Research Institute found that motor carriers who can access training materials and other resources from industry associations are safer than those who cannot. But is driver training time “on duty” or off?

Second quarter fuel tax reports are due by July 31 for carriers operating under the International Fuel Tax Agreement (IFTA). These reports document the mileage traveled and fuel purchased in each state or province during the reporting period. Check out the following tips to avoid common mistakes that could get you audited.

Tip 1: Correctly report operations under trip permits

Include miles traveled while using a fuel trip permit:

• In “total IFTA miles,” and
• As part of the total IFTA miles traveled in the applicable jurisdiction.

Do not include them as taxable miles traveled for that jurisdiction. For fuel purchases made while operating under a fuel trip permit, include the following for each jurisdiction:

• Total gallons purchased (to accurately calculate the miles per gallon), and
• Tax-paid gallons purchased, only if taxes were paid at the time the fuel was purchased.

Tip 2: Account for all miles, even gap miles

Always do your best to accurately report miles traveled on your quarterly IFTA tax report. Remember that you must report every mile driven by every vehicle licensed under IFTA on your report.

“Gap miles” are the difference in the miles recorded for a trip on your trip sheet and the actual miles traveled based on the beginning and ending odometer or hubometer readings for that trip. Gap miles will create an issue when an audit occurs.

Gap miles should be allocated to the jurisdiction(s) where the travel most likely occurred.

Tip 3: Use the correct rate chart

Jurisdiction tax rates often change from quarter to quarter. Be sure to use the tax rate chart for the specific quarter being filed. Rate charts are available online at iftach.org.

Tip 4: Double-check your tax-paid gallons

The total tax-paid gallons purchased should never exceed the total gallons purchased.

If your operation includes bulk storage, only include in tax-paid gallons the number of gallons actually removed from bulk storage and delivered into your IFTA qualified vehicles during the reporting period being filed.

Hint: Generally speaking, total gallons and total tax-paid gallons should be the same, unless:

• Fuel receipts are missing;
• Fuel was not tax paid (i.e., purchased on an Indian reservation); or
• Fuel records do not include all required elements.

Tip 5: File every quarter, even if you have no activity to report

Tax returns are required even if no operations were conducted or no taxable fuel was used during the reporting period. Returns that are not filed or not paid in full are considered late and can be assessed penalties and interest.

Tip 6: Check your lease

Review all lease contracts carefully and ensure the IFTA tax reporting responsibility is clearly defined.

Key to remember: Carefully documenting miles traveled and fuel purchased for your IFTA fleet can help you avoid common mistakes that could get you audited.

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.

Time off under the federal Family and Medical Leave Act (FMLA) is unpaid. Employees, however, have the right to use their accrued paid time off (PTO) to supplement their income while they’re on unpaid FMLA leave. Employers may also require employees to use their PTO in these types of situations, and many do.

When employees receive pay from other sources, like short-term disability (STD) or workers' compensation, they may not “double dip” and use their PTO for the FMLA leave (and employers may not require it). They might, however, use PTO to “round out” their pay since these other benefits usually only provide a percentage of income.

What about situations where employees take paid leave under state laws?

The U.S. Bureau of Labor statistics reported in July 2024 that there are 8.2 million job openings in the U.S., but only 7.2 million unemployed workers.

With that in mind, employers might choose to hang onto employees even if they’re under performing. But what about when complaints are rolling in from different angles? Take, for example, a lackluster supervisor who’s annoying employees and disappointing customers.

An employer could be hesitant to let the supervisor go, especially if there’s no documentation backing up claims of misconduct. The employer must weigh their options to decide if putting the supervisor on a performance improvement plan (PIP) or moving right to termination is the ideal choice.

At-will employment

For starters, in most states employers may terminate an employee at-will, meaning they can fire employees for pretty much any reason as long as it doesn’t discriminate against someone in a protected class based on sex, age, race, religion, etc. Employers also cannot terminate in retaliation for an employee making a claim of harassment, discrimination, or safety concerns.

Aside from these limits, employers can terminate employees for good cause, bad cause, or no cause at all.

PIP or terminate

Deciding whether to put an employee on a PIP or terminate must be decided on a case-by-case basis.

A PIP is usually for job performance issues (hence, performance improvement plan). This could mean anything from not making enough sales to being inept at the job’s essential functions. If job performance doesn’t improve under the PIP, termination may be the end result depending on company policies and practices.

Even if an employee has job performance issues, the employer can terminate without going through the PIP process first, unless the usual process is to implement a PIP with employees who have had similar problems. In that case, not doing a PIP could be seen as discrimination against an employee, especially if the person falls into a protected class.

Workplace misconduct, however, is another situation altogether. This could be anything from a one-off poor joke to pervasive harassment. Snapping at customers or coworkers (or worse), for example, is a conduct issue. An employer could issue a warning or move right to termination if the behavior is clearly illegal or a serious threat to workplace safety.

Termination tips

If an employer decides to terminate, they should treat the employee as respectfully as possible during the termination process. Also, an employer should carefully and clearly communicate the job-related reasons for the termination to avoid any hint of discrimination. Lastly, an employer should document the reasons and reiterate the steps taken leading up to the termination and keep those records handy in case the employee files a wrongful termination lawsuit.

Key to remember: Employers sometimes struggle when making termination decisions. Having a process in place and documenting steps along the way can help if a case lands in court.

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.

A new year often begins a new round of employee performance reviews. Since the Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 (or 26) weeks of leave, many events can occur during an employee’s leave, including the employee’s pre-scheduled performance review. Such reviews might take place on an annual or other scheduled basis. How you treat the timing of those reviews should include some thought.

If, for example, Jo Employee takes 12 weeks of FMLA leave, during which her annual performance review is scheduled, here are some questions to ponder:

• Do you look at all 12 months of Jo’s performance?
• What if she hasn’t worked a full 12 months because of leave?
• When can you actual do the review?
• Can you delay it so you can look at a full 12-months of work?

Delaying a review

An annual performance review generally takes into consideration a full years’ worth of work. Some employers think it’s best to delay the performance review by the same amount of time an employee took FMLA leave to capture an entire years’ work. This practice, however, might risk running afoul of one of the cornerstones of the FMLA: Returning the employee to his or her position, including the equivalent pay, benefits, and working conditions.

The issues can be particularly concerning if the performance review affects wage increases or other compensation.

What the regulations say

The FMLA regulations indicate that an equivalent position includes equivalent pay, which includes any unconditional pay increases that may have occurred during the FMLA leave period. Equivalent pay also includes bonuses or payments, whether discretionary or non-discretionary. FMLA leave cannot undermine the employee’s right to such pay.

Furthermore, “… employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions; nor can FMLA leave be counted under no fault attendance policies.” [29 CFR 825.220(c)]

Avoiding a negative factor

Therefore, you would need to look at whether delaying an employee’s performance review could be seen as having a negative factor for the employee.

If, for example, Jo Employee took 12 weeks of leave from April through June, during which she would otherwise have obtained a pay increase in May, but you delayed this increase until September (so you could use a full 12 months of work), you may have violated the equivalent pay provision. If delaying a review creates a new review schedule going forward, the negative impacts could continue.

If, however, a pay increase is conditioned upon seniority, length of service, or work performed, you would grant it in accordance with your policy or practice as applied to other employees on an equivalent leave status for a reason that does not qualify as FMLA leave.

In other words, don’t treat an employee on FMLA leave differently than you would an employee on other forms of leave.

Key to remember: It might be less risky to keep the performance review on schedule and prorate wage increases to account for FMLA leave.

If employees charge forklift or other industrial batteries, they need to understand the hazards of acid and know how to handle small, incidental spills.

Battery acid is dilute sulfuric acid. Sulfuric acid is a clear, colorless liquid with an acrid smell. It’s corrosive and can cause severe burns.

In the event of a sulfuric acid/battery acid spill, employees should:

1. Report the incident immediately.
2. Neutralize the spill with soda ash or baking soda. Use one pound of baking soda to one gallon of water. Appropriate supplies should be near the charging area.
3. The acid reaction is complete when it stops fizzing. Verify that the acid is neutralized by checking the pH with litmus paper or a pH meter. A neutral pH reading is between six and eight.
4. Absorb neutralized material using material such as clay or kitty litter, if necessary. If the spill is very large, contain it with earth or clay dikes.
5. Brush under battery connectors and remove all grime. Rinse the residue from the battery with clean water.
6. Determine proper disposal by contacting local environmental authorities.

With proper training and supplies, employees can clean up battery acid spills safely.

On May 20, OSHA updated its Site-Specific Targeting (SST) program to reflect the use of Form 300A data for calendar years (CY) 2021-2023. The SST program is OSHA’s primary planned inspection program for general industry establishments with 20 or more employees with the highest injury and illness rates.

Using Form 300A data from CY 2021-2023, OSHA may target establishments for inspection based on:

• High injury and illness rates from 2023 data.
• Upward trending injury and illness rates based on 2021-2023 data at or above twice the 2022 private sector average.
• Injury and illness rates markedly below industry averages.
• Failure to submit an OSHA Form 300A in 2023.

This update replaces the previous SST directive, issued in February 2023, which used CY 2019-2021 data.

The Federal Highway Administration (FHWA) finalized sweeping revisions for the 11th edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). Last updated in 2009, the MUTCD is the national standard for traffic signs, signals, and markings, including work zones. Changes took effect January 18.

Section 6C.05 (previously Section 6E.02), is entitled, “High-Visibility Safety Apparel.” It’s noteworthy that FHWA revises that section to replace the reference to the 2004 edition of ANSI/ISEA 107, American National Standard for High-Visibility Safety Apparel and Headwear,” with the 2015 edition.

On April 17, OSHA revoked its House Falls in Marine Terminals standard at 1917.41 after determining that the standard is no longer necessary to protect marine terminal employees from occupational safety and health (S&H) hazards. Since most cargo has been containerized and is moved by cranes, OSHA determined that removing 1917.41 would help reduce the compliance burden without compromising worker safety.

The standard, initially adopted in 1983, addressed serious S&H hazards within marine terminal operations and required:

• Span beams be secured to prevent accidental dislodgement;
• A safe means of access for employees working with house fall blocks; and
• Daily inspection of chains, links, shackles, swivels, blocks and other loose gear to prevent the use of defective equipment.