May employees ‘save’ their FMLA leave?

May employees ‘save’ their FMLA leave?

2024-08-14T05:00:00Z

No, employees may not “save” their leave under the federal Family and Medical Leave Act (FMLA), nor may employers ask that they do, and here’s why.

Once an employee meets the eligibility criteria to take FMLA leave, and then takes time off for an FMLA-qualifying reason, the FMLA protections begin. The FMLA does not have a delay mechanism to allow employees (or employers) to postpone the law from taking effect.

Therefore, even if employees would rather save their FMLA leave for a later date or for a different reason, they may not do so.

It is always the employer's responsibility to determine whether an absence qualifies for FMLA leave and to designate absences accordingly. This is not up to the employee. If an employer fails to provide those protections, it interferes with the employee’s FMLA rights. That can lead to an expensive claim, should an employee become unhappy with the situation.

Employers may also not ask or require employees to save their FMLA leave.

Some of these strict FMLA rules are hard for employers and employees to wrap their heads around, especially since other company benefits (like vacation time) can be more flexible.

Using other leave first

Another misconception involves delaying FMLA leave by applying other forms of leave (e.g., vacation time) first. Employers (and employees) may not use other leave (paid or unpaid) before the FMLA protections kick in.

Some employers might want to allow employees to exhaust available paid sick or other leave before designating leave as FMLA, even when the leave is clearly FMLA qualifying.

In two 2019 opinion letters, however, the U.S. Department of Labor’s Wage and Hour Division indicated that, employers are prohibited from delaying the designation of FMLA-qualifying leave as FMLA leave. Once an eligible employee puts the employer on notice of the need for leave, neither the employee nor the employee may decline FMLA protection for that leave — even if the employee has paid leave available.

If, for example, an employee is using accrued paid time off for an FMLA-qualifying reason, the paid time off and the FMLA would run concurrently (i.e., at the same time), not consecutively (i.e., one after the other).

Key to remember: Employees can’t save their FMLA leave for a future date or for a different leave reason; employers must provide the protections when they begin.

No, employees may not “save” their leave under the federal Family and Medical Leave Act (FMLA), nor may employers ask that they do, and here’s why.

Therefore, even if employees would rather save their FMLA leave for a later date or for a different reason, they may not do so.

Employers may also not ask or require employees to save their FMLA leave.

Some of these strict FMLA rules are hard for employers and employees to wrap their heads around, especially since other company benefits (like vacation time) can be more flexible.

Using other leave first

Some employers might want to allow employees to exhaust available paid sick or other leave before designating leave as FMLA, even when the leave is clearly FMLA qualifying.

Key to remember: Employees can’t save their FMLA leave for a future date or for a different leave reason; employers must provide the protections when they begin.

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Most Recent Highlights In Environmental

2025-12-19T06:00:00Z

Lamps, batteries, and fines: Fixing the 5 biggest universal waste mistakes

Let’s be honest, managing compliance is tough. But when it comes to Universal Waste (UW), items like fluorescent bulbs, used batteries, aerosol cans, and old thermostats can expose employers to fines without them even realizing it. Why? Because Universal Waste is the ultimate regulatory paradox. These items are still classified as hazardous waste, but the EPA created a streamlined rule set (40 CFR Part 273) to make recycling easier. The problem is that many employers assume "streamlined" means "ignorable." Fixing these problems is incredibly straightforward. By tackling the most common UW mistakes, you don’t just avoid penalties; you build a predictable, efficient, and cost-effective waste program.

Top 5 universal waste violations and how to avoid them

The container crime: Leaving it open - Leaving a Universal Waste container open is a common and costly mistake. When boxes or drums holding items like lamps and batteries are left unsealed or without a proper lid, the risk of contamination skyrockets. If a fluorescent tube breaks, mercury vapor escapes; if a battery leaks, corrosive material spills. An open container is considered a failure to prevent a release, which is a core hazardous waste violation. The fix is simple: close the container immediately. Train designated handlers to ensure containers remain sealed except when adding or removing waste, and use containers specifically designed for UW, such as fiber drums for lamps with secure, sealable lids. If it’s open, it’s a violation waiting to happen.
The ticking clock: Missing the accumulation date - Missing the accumulation date is a violation that can cost you. Every Universal Waste container must clearly show the date when the first item was placed inside, and both Small and Large Quantity Handlers have only one year (365 days) to store UW before it must be shipped off-site. Without a visible start date, inspectors will assume you have exceeded that limit. The solution is simple: mark it and track it. Use a permanent marker to write the “Start Date” directly on the container, and do not wait until day 364 to act. A digital spreadsheet or calendar reminder can help you stay ahead, and scheduling vendor pickups between the 9- and 11-month mark creates a critical 30-day buffer against delays or conflicts.
The DIY treatment disaster - Attempting to treat Universal Waste on-site is a recipe for violations. Crushing bulbs, mixing incompatible waste streams, or dismantling items to save space may seem efficient, but it is strictly prohibited under UW rules. These regulations are designed to simplify storage and not treatment. Breaking a fluorescent bulb outside of a permitted device not only risks mercury exposure but also constitutes hazardous waste mismanagement. The fix is simple is to train personnel that their role is to store and package waste correctly, not to alter or treat it. Keep fragile items in secure areas where they will not be crushed by forklifts or stacked boxes. Managing UW means preventing breakage, not creating it.
The identity crisis: Improper labeling - Improper labeling is a common Universal Waste mistake that can lead to serious compliance issues. Containers marked vaguely such as “Recycling” or simply “Hazardous Waste” fail to meet regulatory requirements and create confusion for inspectors and emergency responders who need instant clarity. The term “Hazardous Waste” applies only to RCRA hazardous waste, not UW, and mixing these labels signals that your team has not properly identified the waste stream. Be specific and clear. Every UW container must include the words “Universal Waste” followed by the exact type of material, such as:
- “Universal Waste – Spent Lamps”
- “Universal Waste – Used Batteries”
- “Universal Waste – Mercury-Containing Equipment”
The knowledge gap: Training deficiencies - Training deficiencies are one of the most overlooked Universal Waste compliance gaps. Employees responsible for handling or managing UW must receive documented, recurring training on identification, accumulation limits, and handling protocols. Even the best-written program will fail if the staff placing items into containers do not understand the rules — especially dating and labeling requirements. Without proper training, an audit failure is almost guaranteed. The fix is straightforward — provide documented, annual training. Make sure every relevant staff member understands your facility’s specific UW streams key compliance practices. Maintain clear records of who was trained, when, and on what topics This paper trail is your strongest defense during an inspection.

Keys to remember: Universal waste compliance hinges on keeping containers closed, labeled, dated, and ensuring employees managing these materials are trained and documenting their actions. When your program is consistent, simple, and intentional, you eliminate preventable violations and turn UW management into a predictable, low-risk process.

2025-12-17T06:00:00Z

Ripple effect: How data centers influence compliance strategies

The rapid growth of data centers creates new challenges for other regulated facilities. Expansion driven by artificial intelligence (AI) and cloud computing increases their impact on environmental compliance. Key areas include air permitting, attainment status, and regional power supply.

Data centers and air permitting

Data centers depend on backup power to stay online during outages. Most use natural gas or diesel generators. These units release pollutants such as nitrogen oxides (NOₓ) and particulate matter. When many generators operate together, their potential emissions can push regions close to or beyond National Ambient Air Quality Standards (NAAQS). This shift can threaten local attainment status and make it harder for nearby facilities to get new permits.

What EPA is doing

On December 11, 2025, the Environmental Protection Agency's (EPA’s) Office of Air and Radiation launched a “Clean Air Act Resource for Data Centers” webpage. It provides regulatory guidance, permitting tools, and technical letters. The goal is to make air permitting for data centers faster and more transparent while protecting air quality.

Why this matters for other regulated facilities

Attainment status at risk

Large data centers add cumulative emissions from multiple generators. Even permitted emissions from nearby plants can combine and push an area into nonattainment. That change triggers stricter air permitting rules for everyone.

Power demand competition

Data centers use large amounts of electricity. They often need on-site generators or new grid connections. This can strain local power supplies. In some cases, grid operators give data centers priority during peak demand, leaving other facilities with less reliable power.

Stricter air quality modeling requirements

Some states now require detailed modeling for backup generators. For example, Illinois reviewed 34 generators for one data center before granting a permit. If modeling shows high emissions, regulators may limit operating hours or require extra controls.

Broader regulatory shifts

EPA recently updated its interpretation of New Source Review (NSR) rules. In September 2025, the agency said construction can start before full air permits are issued, as long as emission-related work waits for approval. This speeds up projects but makes it harder for neighboring facilities to predict cumulative emissions early.

What non-data center facilities should do

Stay informed

Watch for new data center projects in your area. Their emissions could affect your permits.

Engage early

Join public comment periods for data center permits. Push for full modeling of combined impacts.

Plan for power

Work with grid operators. Understand how demand-response programs and EPA’s “50-hour rule” for emergency generators affect your reliability.

Choose sites wisely

Consider locating new projects in areas with robust infrastructure and cleaner attainment status. Data centers might compete for the same grid upgrades or site approvals.

Key to remember: Data centers are more than tech hubs. They influence air permitting and power allocation. Their growth can affect your ability to expand, or even operate, under current compliance rules.

2025-12-11T06:00:00Z

Acid Rain Program compliance: SO2 vs. NOx

Did you know that the federal government regulates the power sector’s impact on rain? The Acid Rain Program limits the amount of sulfur dioxide (SO₂) and nitrogen oxides (NO_x) — the main causes of acid rain — that fossil fuel-fired electric generating units (EGUs) may emit. However, the SO₂ and NO_x reduction programs operate differently, and the ways that facilities can meet the SO₂ and NO_x limits are distinct.

It's essential to know the compliance options because facilities that don’t meet the SO₂ and NO_x standards must pay penalties for their excess emissions. And in November 2025, the Environmental Protection Agency (EPA) set higher penalties for the next two compliance years.

So, what are the differences?

Who’s affected?

The first thing to confirm is whether your facility is subject to the Acid Rain Program (40 CFR 72.6). The program regulates fossil fuel-fired power plants. It applies to:

EGUs that serve generators with an output capacity of more than 25 megawatts, and
All new EGUs.

Note that the NO_x program applies to a specific subset of coal-fired boilers.

SO2 reduction program

EPA operates the SO₂ reduction program through an allowance trading system (Part 73). The agency sets a cap on the total SO₂ emissions for the year and then allocates SO₂ allowances to regulated units. One allowance represents 1 ton of SO₂ emissions.

For each compliance year, a facility must show that it has enough allowances to cover its emissions of SO₂. It’s similar to EPA’s hydrofluorocarbon allowance program.

There are multiple compliance options. Facilities may:

Sell extra allowances if they have more allowances than needed,
Save extra allowances if they have more allowances than needed (and use them in the future), or
Buy extra allowances if they can’t keep emissions below their allocated level.

Facilities can purchase allowances from or sell allowances to individuals, companies, groups, or brokers. Additionally, facilities may bid on allowances at EPA’s annual Acid Rain Program SO₂ Allowance Auction.

NOx reduction program

EPA sets annual emission limits for the NO_x reduction program (Part 76), which applies to these types of boilers:

Dry bottom wall-fired boilers,
Tangentially fired boilers,
Cell burner boilers,
Cyclone boilers,
Vertically fired boilers, and
Wet bottom boilers.

Like the SO₂ program, the NO_x program offers multiple compliance options. Facilities can:

Meet the standard annual emission limitations,
Average the emissions rates of two or more boilers, or
Apply for an alternative emission limit (AEL) if they can’t meet the standard emission limit.

Additional requirements apply to facilities that use options other than complying with the limits:

Facilities that want to average emissions rates must submit an averaging plan that’s approved by the permitting authorities (76.11).
Facilities that apply for an AEL are required to use the NO_x emission control technology used as the basis for the emission limit and must demonstrate that the unit can’t comply using the technology (76.10).

It pays (or, at least, costs less) to comply!

Excess emissions penalties can add up quickly. That’s why it’s vital to ensure your facility understands how to comply with the SO₂ and NO_x reduction programs properly.

The adjustment rates that EPA set for compliance years 2025 and 2026 (2.5265 and 2.6001, respectively) are used to calculate the total penalties a facility must pay if it exceeds SO₂ or NO_x limits during these compliance years.

Here are the formulas:

Penalty for excess SO₂ emissions = $2,000/ton x annual adjustment factor x tons of excess SO₂ emissions
Penalty for excess NO_x emissions = $2,000/ton x annual adjustment factor x tons of excess NO_x emissions

Let’s run through a couple of examples of what noncompliance could cost.

Factors	Penalty Per Ton	Total Penalties
Tons of excess SO₂ emissions: 10 Compliance year: 2025 Annual adjustment factor: 2.5265	$2,000 x 2.5265 = $5,053	$5,053 x 10 = $50,530
Tons of excess NO_x emissions: 5 Compliance year: 2026 Annual adjustment factor: 2.6001	$2,000 x 2.6001 = $5,200.20	$5,200.20 x 5 = $26,001

As shown in the example above, excess emissions can cost facilities a lot in penalties. Just 1 ton of excess emissions will result in more than $5,000! Knowing your compliance options for the Acid Rain Program’s SO₂ and NO_x reduction programs can help your facility avoid steep fines.

Key to remember: The Acid Rain Program limits SO₂ and NO_x emissions from fossil fuel-fired power plants, but the compliance options for each type of emission differ. Understanding the distinct options can help facilities avoid penalties for excess emissions.

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.

2025-12-05T06:00:00Z

EPA confirms oil, gas emissions compliance extensions

The Environmental Protection Agency (EPA) issued a rule on December 3, 2025, that finalizes compliance deadline extensions for certain emissions standards applicable to crude oil and natural gas facilities. The final rule also further delays compliance timelines for two requirements.

EPA’s delays affect:

The New Source Performance Standards for crude oil and natural gas facilities (40 CFR 60 Subpart OOOOb), and
The emissions guidelines (EGs) for crude oil and natural gas facilities (60 Subpart OOOOc).

EPA’s December 2025 final rule is a direct response to the interim final rule (IFR) it issued in July 2025.

The July 2025 IFR extended the compliance deadline for net heating value (NHV) monitoring of flares and enclosed combustion devices (ECDs) to November 28, 2025. The IFR moved the rest of the compliance deadlines to January 22, 2027, for:

ECD performance tests;
Cover and closed vent system requirements for no identifiable emissions (NIEs), including:
- Design and operation standards,
- Test methods and procedures, and
- Inspections.
Equipment leak repair requirements;
Phase two of zero-emission standards for process controllers;
Storage vessel requirements, including:
- Using potential emissions limits that qualify as legally and practicably enforceable,
- Triggering throughput-based modifications, and
- Using a 30-day period of production to calculate potential emissions.
Flare and ECD pilot flame rules, including:
- Ensuring the devices operate with a continuous pilot flame, and
- Installing and operating a system to send an alarm to the nearest control room when a pilot flame is unlit.
Implementation of the Super Emitter Program, and
Submission of state plans for implementing the updated EGs.

What’s the same?

EPA’s December 2025 final rule maintains the same compliance deadlines for all requirements delayed to January 22, 2027.

What’s different?

The agency’s December 2025 final rule sets a new compliance date of June 1, 2026, for the NHV monitoring requirements. This includes an alternative performance test (sampling demonstration) option for flares and ECDs.

Additionally, the rule moves the compliance date for annual reporting, establishing that no annual report is due before November 30, 2026. It gives owners and operators until November 30, 2026, to submit any reports that were originally due before this date. Note that the final rule specifies that annual reports due after November 30, 2026, must be submitted within 90 days of the end of each annual compliance period.

Key to remember: EPA’s final rule confirms deadline extensions for certain emissions standards that apply to crude oil and natural gas facilities. It also further delays a couple of the requirements.

Most Recent Highlights In Transportation

2025-12-02T06:00:00Z

Minnesota requires air toxics emissions reporting in 7 counties

Effective date: October 6, 2025

This applies to: Facilities with air permits in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington

Description of change: The Minnesota Pollution Control Agency adopted new rules mandating that facilities with air permits (except for Option B registration permits) in the Minnesota counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington submit annual air toxics emissions reports. The covered toxics include certain hazardous air pollutants (HAPs), per- and polyfluoroalkyl substances (PFAS), and other pollutants of concern. Annual emissions reports on HAPs, PFAS, and other covered pollutants are due by April 1.

View related state info: Clean air operating permits — Minnesota

2025-12-02T06:00:00Z

Maine designates currently unavoidable uses of PFAS

Effective date: October 7, 2025

This applies to: All nonexempt new and unused products sold, offered for sale, or distributed for sale in Maine that contain intentionally added PFAS

Description of change: The Maine Department of Environmental Protection established designations for currently unavoidable uses of intentionally added per- and polyfluoroalkyl substances (PFAS) in products subject to sales prohibitions that start on January 1, 2026.

2025-12-02T06:00:00Z

Vermont updates drinking water rules

Effective date: January 1, 2026

This applies to: Public water systems

Description of change: The Vermont Department of Environmental Conservation made multiple changes to the Water Supply Rule. Some of the major amendments include:

Changes to the per- and polyfluoroalkyl substances (PFAS) regulations,
Additions to the contaminants covered by the rule, and
A new method to calculate the impact of PFAS mixtures.

2025-12-02T06:00:00Z

Utah adds emission units, source categories to air permit exemptions

Effective date: November 5, 2025

This applies to: Emission units and source categories that qualify for an air permit by rule

Description of change: The Utah Department of Environmental Quality added new emission units and source categories that qualify for air permits by rule that are exempt from the requirement to obtain an Approval Order (per R307-401-8).

New emission units added include:

Fuel storage tanks,
Abrasive blasting operations,
Degreasing operations,
Municipal solid waste landfills, and
Emergency engines.

New source categories added include:

Dry cleaners, and
Automotive refinishing sources.

View related state info: Clean air operating permits — Utah

2025-12-02T06:00:00Z

Ohio amends composting requirements

Effective date: December 1, 2025

This applies to: Owners and operators of composting facilities

Description of changes: The Ohio Environmental Protection Agency amended the regulations that apply to composting facilities. Major changes include:

Registering the facility annually with the annual report (no fees associated),
Submitting the most recent plan view drawing with the annual report, and
Maintaining an operator in compliance with the new certification program requirements at the facility.

Most Recent Highlights In Safety & Health

2025-12-02T06:00:00Z

Washington amends Clean Vehicles Program

Effective date: November 16, 2025

This applies to: Medium- and heavy-duty engine and vehicle manufacturers as well as heavy-duty internal combustion engine manufacturers

Description of change: The Washington State Department of Ecology amended the Clean Vehicles Program rules to incorporate changes made to the California Air Resources Board’s Advanced Clean Trucks and Heavy-Duty Vehicle and Engine Omnibus Low NO_x regulations. The changes ease compliance requirements for the heaviest vehicles.

2025-12-02T06:00:00Z

Indiana adopts permanent underground carbon sequestration regulations

Effective date: October 1, 2025

This applies to: Entities participating in permanent underground carbon dioxide storage projects

Description of the change: The rule establishes carbon sequestration project applicability and establishes regulations for:

Obtaining a carbon dioxide transmission pipeline certificate of authority,
Obtaining a carbon sequestration project permit,
Administrative and procedural processes for carbon sequestration projects and carbon dioxide transmission pipelines,
The ongoing responsibilities of storage operators, and
Records of a storage operator.

2025-12-02T06:00:00Z

Louisiana requires state forms for Title V permittees

Effective date: November 20, 2025

This applies to: Title V permit holders

Description of change: The Louisiana Department of Environmental Quality requires all Title V operating permittees to use standard department-approved forms to submit the:

Title V Semiannual Monitoring Report, and
Title V Annual Compliance Certification.

View related state info: Clean air operating permits — Louisiana

2025-12-02T06:00:00Z

California adopts emergency vehicle emissions regulations

Effective date: October 2, 2025

This applies to: Entities subject to CARB’s vehicle emissions regulations

Description of change: Congressional resolutions disapproved the waivers for the California Air Resources Board’s (CARB’s) Advanced Clean Cars II and Heavy-Duty Vehicle and Engine Omnibus Low NO_x (Omnibus) regulations.

Through an emergency rulemaking, CARB adopted the Emergency Vehicle Emissions Regulations, reinstating at a minimum earlier-adopted regulations displaced by Advanced Clean Cars II and Omnibus:

The Low-Emission Vehicle Regulation (LEV) III regulation and associated on-board diagnostic requirements, and
Medium- and heavy-duty regulations.

The regulation applies until litigation is resolved.

Regulated entities may follow either:

The LEV IV (part of Advanced Clean Cars II) or Omnibus standards, or
The LEV III and pre-Omnibus standards.

View related state info: Air programs — California Air Resources Board (CARB)

2025-12-02T06:00:00Z

Ohio extends expiration of Permit to Install

Effective date: November 13, 2025

This applies to: Owners and operators of wastewater treatment systems and businesses that install sanitary sewers

Description of changes: The Ohio Environmental Protection Agency amended the Permit to Install (PTI) program rules, which regulate the design and installation of wastewater conveyance and treatment systems. Most notably, the department extended the expiration date of PTIs from 18 months to start construction to 60 months to start construction. The amendments also exempt boat wash marinas and force mains serving one structure from PTIs.

View related state info: Industrial water permitting — Ohio

Most Recent Highlights In Human Resources

2025-12-02T06:00:00Z

Florida allows reciprocity for water system operator licensing

Effective date: November 6, 2025

This rule applies to: Out-of-state licensed treatment plant operators and distribution system operators

Description of change: The Florida Department of Environmental Protection adopted rules to:

Implement licensure reciprocity, allowing the department to issue licenses by reciprocity to water treatment, domestic water treatment, and water distribution system operators with out-of-state licenses; and
Allow the department to issue temporary operator licenses during a declared state of emergency to out-of-state licensed treatment plant and distribution system operators during a declared state of emergency.

2025-12-02T06:00:00Z

Louisiana adds aerosol cans to universal waste program

Effective date: November 20, 2025

This applies to: Owners and operators of all facilities that generate, transport, treat, store, or dispose of hazardous waste

Description of change: The Louisiana Department of Environmental Quality added hazardous waste aerosol cans to the universal waste program. The program streamlines hazardous waste management requirements and is identical to the federal universal waste requirements for aerosol cans.

View related state info: Universal waste — Louisiana

2025-12-02T06:00:00Z

Pennsylvania reissues NPDES General Permit for mining

Effective date: March 28, 2026

This applies to: Mining operations with stormwater discharges

Description of change: The Pennsylvania Department of Environmental Protection reissued the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Associated with Mining Activities (BMP GP-104). Mining operation sites must obtain an NPDES permit to discharge stormwater if the site has expected or potential stormwater runoff discharges.

The new permit made one substantial change to clarify that entities covered under this general permit must meet the 2-year, 24-hour event design standards at 25 Pa. Code Chapter 102. The BMP GP-104 takes effect on March 28, 2026, and expires on March 27, 2031.

View related state info: Industrial water permitting — Pennsylvania

2025-11-25T06:00:00Z

Annual HFC report: First submissions due March 2026

What do the manufacturers of hairspray cans, foam wall insulation, and ice cream machines have in common? If their products contain hydrofluorocarbons (HFCs), they have to report annually on the HFCs they use, and the first report due date is quickly approaching! Through the Technology Transitions Program, the Environmental Protection Agency (EPA) regulates HFCs used for new products and equipment in three sectors: aerosols, foams, and refrigeration, air conditioning, and heat pumps (RACHP). Among other compliance requirements of the 2023 Technology Transitions Rule, manufacturers and importers of HFC-containing products and equipment must submit annual reports.

Note: EPA’s October 2025 proposed rule to amend the 2023 Technology Transitions Rule doesn’t impact annual reporting requirements.

Use this overview to help you determine whether your business needs to report and, if so, what’s required.

Who reports?

Annual reporting applies to manufacturers and importers of products and equipment that use HFCs. An organization has to submit an annual report if:

It manufactures or imports a product or component within a regulated sector or subsector (see 40 CFR 84.54), and
The product or component uses or will use a regulated HFC or HFC blend.

Reporting requirements apply to manufacturers and importers in all sectors and subsectors, and they start with data from calendar year 2025. The first annual report is due to EPA by March 31, 2026.

Note that the annual reporting requirements don’t apply to entities that only:

Sell or distribute equipment, or
Install or operate new RACHP systems.

What’s reported?

In each annual report, covered manufacturers and importers must provide:

The entity’s name and address;
The entity’s contact person, the contact's email address, and the contact's phone number;
The calendar year covered by the report and the submission date;
All applicable North American Industry Classification System (NAICS) codes; and
A statement certifying that the data is accurate and that the products use HFCs or HFC blends in compliance with the use restrictions and labeling requirements.

Entities in all three sectors also have to report the total mass in metric tons of each HFC or HFC blend contained in all products and components manufactured, imported, and exported annually.

Further, sector-specific standards apply.

Sector	Requires additional information for:	See 40 CFR:
Aerosol	Sets of products with the same HFC combination and quantity	84.60(a)(5)
Foam	Sets of products (excluding foam-blowing containers) with the same HFC density and identity Containers or foam-blowing products with foam-blowing agents	84.60(a)(4)
RACHP	Sets of products or components with the same charge size and HFC combination Products or components with HFC-containing closed-cell foam	84.60(a)(3)

How’s the report submitted?

According to the latest information shared by EPA in the “Technology Transitions Program: What You Need to Know for January 1, 2025” webinar presentation, the agency is still designing the electronic platform for submitting annual reports. EPA plans to provide reporting instructions and forms before the upcoming deadline.

About the 2023 Technology Transitions Rule

HFCs are greenhouse gases that were developed to replace ozone-depleting substances for use in various products and equipment (primarily refrigeration and air-conditioning systems). The American Innovation and Manufacturing Act of 2020 gives EPA the authority to address HFCs by:

Phasing down production and consumption through the HFC Allowance Allocation Program,
Implementing restrictions on HFC use in specific sectors, and
Developing regulations to maximize the reclamation and minimize the release of HFCs from equipment.

The 2023 Technology Transition Rule established the Technology Transitions Program to restrict HFC uses in sectors and subsectors where lower global warming potential (GWP) technologies are or will soon be available. The regulations apply to manufacturers (including importers), exporters, sellers, distributors, and installers of systems or products in covered sectors that use HFCs.

What about the proposed changes to the 2023 Technology Transitions Rule?

On October 3, 2025, EPA proposed a rule to amend the existing 2023 Technology Transition Rule. However, the proposed changes don’t affect the annual reporting requirements for manufacturers and importers. All covered manufacturers and importers must submit the annual report by March 31, 2026.

The proposed rule impacts specific subsectors, including refrigerated transport, industrial process refrigeration, chillers, retail food (for supermarkets and remote condensing units), cold storage warehouses, and stationary residential and light commercial air conditioning and heat pumps. EPA proposes to:

Exempt certain intermodal containers transporting cargo at very cold temperatures;
Extend compliance dates for industrial process refrigeration used in semiconductor manufacturing;
Raise global warming potential thresholds for remote condensing units, supermarket systems, and cold storage warehouses;
Extend compliance dates for refrigerated centrifuges and laboratory shakers; and
Allow existing residential and light commercial air-conditioning and heat pump equipment (i.e., manufactured or imported before January 1, 2025) to continue to be installed.

Key to remember: The first annual reports required by the Technology Transitions Program for manufacturers and importers of HFC-containing products and equipment are due by March 31, 2026.

2025-11-25T06:00:00Z

EPA’s SDS/Tier II reporting now in lockstep with OSHA HazCom

EPA issued a direct final rule to update its safety data sheet (SDS) reporting and Tier II inventory reporting requirements. The changes align EPA 40 CFR 370 with OSHA’s Hazard Communication (HazCom) standard at 29 CFR 1910.1200.

News update: EPA extended the public comment period for this direct final rule that made technical amendments to 40 CFR 370 to conform to the 2024 OSHA HazCom standard. An EPA memo lodged in docket EPA-HQ-OLEM-2025-0299 at Regulations.gov, explains, “This document will be open for public comment until December 24, 2025.” Also, note that the docket offers 23 supporting and related materials, including a draft updated Tier II form, draft updated Tier II instructions, and a redline strikeout version of the rule changes.

The biggest change is that facilities will be able to copy the hazard categories directly from section 2 of the SDSs to their Tier II report forms. This eliminates the guesswork. However, facilities may face added strain with their first Tier II submission under the rule. Instead of relying on the grouped hazard categories selected in the previous year’s forms, it looks like facilities will need to spend extra time retrieving specific categories from their SDSs.

Who’s impacted by the rule?

EPA 40 CFR 370 applies to a facility owner or operator if:

The OSHA HazCom standard requires the facility to prepare or have available an SDS or material safety data sheet (MSDS) for a hazardous chemical;
The hazardous chemical is not exempted at 370.13 or 1910.1200(b)(6); and
The hazardous chemical is present at or above certain threshold levels.

If the applicability criteria are met, the facility owner/operator must submit to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire departments:

An SDS or MSDS for each covered hazardous chemical or a list of all covered hazardous chemicals; and
A Tier II hazardous chemical inventory form by March 1 annually for all covered hazardous chemicals.

A state may make its own laws and regulations in addition to or more stringent than federal Part 370.

What’s changing in Part 370?

Last year, OSHA amended its HazCom standard to conform to the seventh edition of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Changes to the chemical hazard classifications and categories were part of the amendments to 1910.1200. This is important because EPA Part 370 relies on the OSHA HazCom standard for the definition of “hazardous chemical” and the hazard categories that must be reported.

In the latest rule published November 17, 2025, EPA takes several actions to harmonize its regulations with OSHA’s. The preamble offers a complete list of amendments to Part 370. Here’s a summary:

Change:	Details:	Sections affected:
Adopts all 112 OSHA hazard categories	The hazard categories are amended to include the full list of OSHA hazard classes with their categories for health and physical hazards. (Previously, EPA used an abbreviated list of hazard classes. The change impacts both SDS reporting and Tier II reporting.)	370.3, 370.30, 370.41, and 370.42
Updates terminology	The definitions are moved from 370.66 to 370.3. The definition for the term “hazard category” now means the classification of a chemical’s hazard(s) into classes with their categories as are reported in section 2 of SDSs in accordance with 1910.1200. The terms “health hazards” and “physical hazards” are updated to align with OSHA. However, “simple asphyxiants” will remain a health hazard, “combustible dust” will remain a physical hazard, and “hazard not otherwise classified” will remain both a physical hazard and a health hazard. The definition of “material safety data sheet (MSDS)” is removed. Minor changes to other terms are made for plain language, clarity, and consistency purposes.	370.3 and 370.66
Removes the term MSDS	The terms MSDS and material safety data sheet are removed to conform to the OSHA HazCom standard.	370.3, 370.10, 370.12, 370.13, 370.14, 370.20, 370.30, 370.31, 370.32, 370.33, 370.60, 370.62, 370.63, and 370.64
Makes minor plain language, clarifying, and consistency corrections	Historic dates and clarifications for electronic reporting are removed. Each initial letter of the term “Extremely Hazardous Substance” is capitalized. Other minor corrections are made.	370.1, 370.2, 370.3, 370.10, 370.14, 370.30, 370.32, 370.33, 370.40, 370.41, 370.42, 370.43, 370.44, 370.45, 370.60, 370.61, 370.62, 370.64, 370.65, and 370.66

When will the changes take effect?

The direct final rule is effective January 16, 2026, unless EPA receives an adverse comment during its 30-day comment period. [However, see the "news update," earlier in this article.] If that happens, the agency will publish a timely withdrawal. Then, it will move along with the proposed rule (also published in the November 17, 2025, Federal Register) and address public comments in a subsequent final rule.

Assuming no adverse comment is received on the original direct final rule, EPA gives covered facilities time to prepare. The rule offers a compliance date of December 1, 2026, for both SDS reporting and Tier II reporting. Note that for Tier II reporting, the updates kick in for the 2026 inventory reporting year, which impacts forms due by March 1, 2027, and thereafter. (Forms due on or before March 1, 2026, are unchanged.)

Key to remember

EPA took action to harmonize Part 370 with the changes OSHA made to 1910.1200 last year. The latest amendments to Part 370 have a compliance date of December 1, 2026. For Tier II reporting, the updates start with forms due on or before March 1, 2027.

Most Popular Highlights In Environmental

2025-12-02T06:00:00Z

Minnesota requires air toxics emissions reporting in 7 counties

Effective date: October 6, 2025

This applies to: Facilities with air permits in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington

View related state info: Clean air operating permits — Minnesota

2025-09-09T05:00:00Z

EPA's Spring 2025 regulatory agenda focuses on PFAS, fossil fuels, and rule reconsiderations

The Environmental Protection Agency (EPA) published the Spring 2025 Semiannual Agenda of Regulatory and Deregulatory Actions on September 4, 2025. The agenda outlines the agency’s upcoming regulatory actions and their status in the rulemaking process.

EPA has major updates on the docket, such as:

Repealing all greenhouse gas (GHG) standards for fossil fuel-fired power plants and the 2024 amendments to the Mercury Air Toxics Standard for power plants (final rules expected December 2025);
Establishing risk management rules for multiple chemical substances, such as 1-bromopropane and n-methylpyrrolidone (final rules expected April 2026);
Adding hazardous waste solar panels to the federal universal waste program and setting universal waste standards specific to lithium batteries (proposed rule expected February 2026);
Setting the Renewable Fuel Standards for 2026 and 2027 and implementing regulatory program changes (final rule expected October 2025); and
Reconsidering current rules, like:
- The GHG Reporting Program (final rule expected November 2025),
- The National Emission Standards for Hazardous Air Pollutants (NESHAP) for iron and steel and the NESHAP for oil and natural gas (proposed rules expected November 2025 and December 2025, respectively), and
- The 2024 amendments to the procedures for conducting Toxic Substances Control Act chemical risk evaluations (final rule expected April 2026).

Additionally, the agency intends to address per- and polyfluoroalkyl substances (PFAS) across multiple media. For example, EPA plans to:

Rescind the National Primary Drinking Water Regulations for PFHxS, PFNA, GenX, and mixtures of these three as well as for PFBS (proposed rule expected September 2025);
Add certain PFAS to the Toxics Release Inventory (final rule expected February 2026); and
Address PFAS discharges from PFAS manufacturers (proposed rule expected January 2026).

This article highlights some of the major rules we’re monitoring closely. You can review the entire agenda to learn about all the rulemakings on EPA’s docket. Please note that the agenda dates are tentative, indicating when the agency seeks to publish the rulemakings in the Federal Register.

Final Rule Stage
Projected publication date	Title
December 2025	Phasedown of Hydrofluorocarbons: Reconsideration of Certain Regulatory Requirements Under the Technology Transitions Provisions of the American Innovation and Manufacturing Act of 2020
January 2026	Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Common Sense Approach to Chemical Accident Prevention
February 2026	Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)
February 2026	Initial Air Quality Designations for the 2024 Revised Primary Annual Fine Particle (PM_2.5) National Ambient Air Quality Standards (NAAQS)
April 2026	Listing of Specific PFAS as Hazardous Constituents
Proposed Rule Stage
Projected publication date of notice of proposed rulemaking	Title
October 2025	Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Category (40 CFR 435 Subpart E)
October 2025	New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry
November 2025	Additional Reconsideration of Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review
November 2025	PFAS Requirements in NPDES Permit Applications
November 2025	Steam Electric Effluent Limitations Guideline Reconsideration Rule
December 2025	Updates to the RCRA Hazardous Waste Regulations and Related Technical Corrections — Permitting Updates Rule
January 2026	Paper Manifest Sunset Rule; Modification of the Hazardous Waste Manifest System
January 2026	Revision to “Begin Actual Construction” in the New Source Review Preconstruction Permitting Program
April 2026	Reconsideration of National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution Technology Reviews and New Source Performance Standards Review for Bulk Gasoline Terminals
May 2026	Formaldehyde; Regulation Under the Toxic Substances Control Act (TSCA)
Pre-Rule Stage
Projected publication date or other action	Title
September 2025 (advanced notice of proposed rulemaking)	Visibility Protection: Regional Haze State Plan Requirements Rule Revision
December 2025 (end review)	National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing; and Clay Ceramics Manufacturing

Key to remember: EPA’s planned rulemakings may impact regulatory compliance with air, land, and water rules.

2025-08-04T05:00:00Z

EPA seeks to reverse Endangerment Finding, halt vehicle GHG emissions rules

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

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

What’s the Endangerment Finding?

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

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

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

How does this impact vehicle regulations?

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

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

Affected compliance requirements include:

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

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

What won’t change?

The proposed rule doesn’t affect:

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

What’s next?

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

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

2025-01-22T06:00:00Z

EPA updates TSCA Chemical Substances Inventory

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

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

How does this impact my facility?

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

About the updated TSCA Inventory

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

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

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

How to access the TSCA Inventory

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

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

2025-12-02T06:00:00Z

Utah adds emission units, source categories to air permit exemptions

Effective date: November 5, 2025

This applies to: Emission units and source categories that qualify for an air permit by rule

New emission units added include:

Fuel storage tanks,
Abrasive blasting operations,
Degreasing operations,
Municipal solid waste landfills, and
Emergency engines.

New source categories added include:

Dry cleaners, and
Automotive refinishing sources.

View related state info: Clean air operating permits — Utah

2025-12-05T06:00:00Z

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

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.

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

Key to remember: Start planning now. Early action on EPA rule changes will save time, money, and headaches when enforcement begins.

Most Popular Highlights In Transportation

2025-12-17T06:00:00Z

Varied delivery accelerates driver learning

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

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

Video

Video is one of the more popular methods used to deliver training on a subject. As well as being cost effective and easy for the trainer to use, studies show that videos help students retain information presented.

When selecting a video for your training session, consideration should be given to:

The type(s) of vehicle(s) your drivers operate,
Your drivers’ level of experience, and
The situations your drivers deal with on a regular basis.

The video should be well-produced, current, and retain the interest of your drivers.

Handouts

The use of handouts is one of the most cost effective, but often misused tools used by trainers. A handout should be able to be used by a driver as a quick and easy reference tool once the driver has left the training session. Effective handouts must be:

Relevant and address the topic;
Readable, brief, and to the point; and
Used with discretion.

The number of handouts distributed should be kept to a minimum. Too many can clutter or confuse a presentation.

Demonstration

Demonstration can help a driver relate to a situation they may face on the job or a skill they may need to use at a later date.

When demonstrating a skill, encourage driver participation.

Guest speaker

A guest speaker can bring an authoritative atmosphere to your training session.

Credibility is important when using a guest speaker to enhance your training session. The speaker must have an expert understanding of the topic being presented.

Examples of guest speakers include a law enforcement officer to present information on roadside inspections or a firefighter to present a lesson on fire prevention.

Veteran drivers

Veteran drivers are considered credible by other drivers, as they speak from experience. A veteran driver who conducts training sessions should:

Be well versed on the subject they will present,
Be well-rehearsed, and
Have a strong interest in the subject matter being presented.

Key to remember: Training isn’t a “one size fits all” proposition – not all students learn in the same way. Use of varied delivery methods will help you conduct meaningful and memorable training for all students.

2025-12-16T06:00:00Z

More than drivers can be named in a lawsuit

When a claimant’s attorney casts doubt on your motor carrier’s safety program, everyone’s role at your company is open to scrutiny. Claims of negligence are not limited to your commercial drivers. Dispatcher and technician behavior could very well be the crux of a costly lawsuit.

Consider the following tips to help protect your operation.

Avoid negligent hiring

An injured party can use the concept of “negligent hiring” against you. Negligent hiring is based on the premise that you knew or should have known that the background of the person you hired indicated the person was dangerous or untrustworthy.

About half the states believe an employer is responsible for checking both backgrounds and references of job applicants. Red flags you should look for include:

Misinformation on the job application,
A failed drug test, if applicable, and
Questionable finances.

To avoid negligent hiring, make sure you:

Perform an investigation on anyone you plan to hire. Call previous employers to verify employment.

Contact all references.
Check credit.
Perform drug tests.
Validate applicants’ credentials (confirm degrees, certifications).

Monitor existing employee behavior

Once an individual is hired, another legal concept comes into play: negligent entrustment. In this case, the claimant asserts that you gave someone a “dangerous instrumentality” which resulted in injury to another party. You can also be party to a negligent retention lawsuit — no matter how long someone has worked for you.

The basis of these types of suits is that the employer continued to employ someone they knew or should have known had the potential to be dangerous or unqualified for their job. To protect yourself from these types of lawsuits:

Pay attention to patterns of behavior.
Conduct random drug tests.
Take seriously concerns of other colleagues about an employee’s behavior.
Notice changes in “normal behavior.”
Take appropriate, escalating, and documented disciplinary actions.

While it may be a bit more difficult to pinpoint problematic dispatcher and technician behavior — since they are not subject to the same inspections as drivers — there are some things you can look at.

Tell-tale signs of underperforming technicians

A common metric for your individual technicians is their maintenance and repair “come-backs.” Technicians with a higher percentage of come-backs than others may need a closer look.

Are the come-backs:

Related to one particular type of work? In that case, you should provide additional training for the technician to improve their skill level.
More varied in nature? It might be time for more extensive training or even letting the technician go.

In addition, technicians are supposed to inspect and repair anything noted on a driver’s daily vehicle inspection report. If drivers are complaining that issues are not being resolved, you need to investigate what is happening. Remind technicians of their responsibility to take drivers’ complaints seriously, and institute disciplinary actions for any technicians who continue to ignore this important safety practice.

Dispatcher-driver relationship

Dispatchers can also affect driver safety — especially as it relates to hours-of-service (HOS) compliance. The electronic logging device (ELD) mandate has specific provisions addressing driver harassment. It clearly defines harassment as: “Action by a motor carrier toward a driver (whether an employee or a contractor) that the carrier knew or should have known would result in an HOS violation.”

Make sure your dispatchers are not coercing or harassing drivers into violating HOS rules to make a delivery window. This requires taking driver harassment complaints seriously. Then you must follow through with disciplinary action against any dispatcher who you find harassing drivers to violate HOS rules.

Key to remember: Failing to monitor your technicians and dispatchers with an eye for safety could make you liable, and the final price of such negligence may be found on the inside of a courtroom.

2025-12-18T06:00:00Z

FMCSA Launches Motus: A Modernized Registration System for Motor Carriers

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

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

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

Limited access phase

Beginning in December 2025, Motus will open with limited access for supporting companies. These organizations will be able to create user and business profiles, ensuring their systems are prepared to meet industry needs once the platform expands. This early phase is critical for testing functionality and building readiness before carriers join.

Motor carriers don’t need to re-register immediately. Existing USDOT registrations remain valid until the system fully transitions in 2026.

At that time, all carriers will be required to:

Create Motus accounts,
Verify their identity, and
Update business information to maintain compliance.

FMCSA anticipates registration requirements will begin in mid to late 2026.

Listening to stakeholders

In response to industry feedback, FMCSA confirmed that Motus won’t initially introduce safety registration, eliminate docket numbers (MC/FF/MX), or alter BOC-3 filing processes. These proposals remain under consideration and will be subject to public comment.

FMCSA emphasized that stakeholder engagement will remain central throughout the Motus rollout. The agency plans to host informational webinars, industry roundtables, and training sessions to ensure registrants understand the new system and can provide feedback on its usability.

Motus is a step toward a safer, more efficient future for the transportation industry. By consolidating forms, improving verification, and reducing fraud, FMCSA is ensuring that carriers and support companies can navigate compliance with confidence.

2022-08-29T05:00:00Z

The 150 air-mile short-haul exemptions: Widely used and widely misused

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

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

Need more info? View our ezExplanation on the 150 air-mile exception.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

2023-07-18T05:00:00Z

What emergency equipment do Canadian carriers need in the vehicle?

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

What do your drivers need?

The equipment requirements can vary slightly based on the type of vehicle, what it is hauling, and where it is operating. As a result, it can be confusing to find and understand minimum requirements. As a best practice, making sure the following emergency equipment is in your vehicles is a great start:

Three bi-directional emergency reflective triangles;,
Six flares capable of burning for 30 minutes or three liquid-burning flares that contain enough fuel to burn continuously for at least 60 minutes,
A fire extinguisher,
A first aid kit,
A spare tire and jack,
A flashlight and batteries, and
Jumper cables.

Carriers that haul certain types of dangerous goods in Canada must also carry fire extinguishers in accordance with the Transportation of Dangerous Goods Regulations, so be sure to check these regulations for specific details.

It is highly recommended that you check with the jurisdiction where you operate your commercial motor vehicle for the specific requirements and regulations that apply to you.

When to take the necessary action

Whenever any commercial motor vehicle or trailer is disabled, stalled, broken down, or in a collision, the driver should quickly and calmly take the necessary actions to safeguard the vehicle and other motorists.

Having the vehicle equipped with the above-listed items will ensure that the driver can respond to the emergency efficiently and effectively. This is especially important on busy or high-speed roads. Ensure you also teach your drivers how to use the equipment. For example, if the truck breaks down – ensure they know where to put the emergency triangles, they know how to use the fire extinguisher properly and they have instructions on how to use jumper cables correctly.

It is recommended to use emergency warning devices for all emergencies, whether they occur during the day or night, or on-road or off the road, to ensure everyone’s safety.

What about south of the border?

Those of you that operate in the United States must meet U.S. regulations for emergency equipment in your vehicles. The minimum requirements can be found in section 393.95 of the Federal Motor Carrier Safety Regulations, which requires:

A fire extinguisher (there are different types for whether the vehicle is carrying dangerous goods or not),
Spare fuses, and
Warning devices to use when stopped on a highway.

Other considerations

Ensure your commercial vehicles carry additional emergency equipment to protect the driver, other workers, and any passengers. For example, extra food and water should be carried along with weather-appropriate clothing to protect the driver in the event the vehicle breaks down and the driver is stranded until help can arrive. And, as always, make sure drivers have tire chains easily accessible. If they get hit by a sudden snowstorm, then they will be prepared. In fact, carrying tire chains is a requirement in some jurisdictions.

Dealing with on-road emergencies is no fun for drivers. Don’t make it more difficult for them in an already stressful situation. Be sure to properly equip your trucks with emergency-related safety equipment and ensure drivers know how to use the equipment.

If you don’t have the proper emergency equipment in your truck, it can result in a fine or penalty. Commercial motor vehicles and their drivers must meet strict safety standards and follow all commercial vehicle-related regulations. Police and transportation enforcement officers regularly inspect vehicles, and the penalties for not having the proper safety equipment can be severe.

Key to remember: Before your drivers get in your trucks and hit the road, make sure you’ve equipped them with all the essential emergency safety gear. Safety is the first priority, especially on the road.

2022-05-19T05:00:00Z

2021 Fatality estimates released by National Highway Traffic Safety Administration

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

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

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

Most Popular Highlights In Human Resources

2025-12-16T06:00:00Z

Blanket drug policies and methadone questions can get employers into trouble

A blanket policy against drug use might sound like a simple way to keep abuse out of the workplace, but doing it the wrong way can land a company in trouble.

A concrete and construction company recently learned about the problems these policies can cause when its practice of refusing to hire applicants who used methadone brought a lawsuit from the Equal Employment Opportunity Commission (EEOC).

Prohibiting methadone raises issues

Methadone is an opioid and can be abused, but it can also be used as a treatment for opioid addiction. A drug policy that fails to take those differences into account, and always treats methadone use the same way, opens the door to a disability discrimination claim.

The issue with the company’s policy was brought to light when a job applicant applied for a laborer position and the hiring manager asked him about medications he was taking. The applicant said he was taking methadone, and the hiring manager said the company would not hire him due to its policy prohibiting employment of people who took the drug.

The applicant then checked with the company’s head of HR who confirmed that this was the company’s policy.

No methadone = disability discrimination

The EEOC charged the company with violating federal law because a policy of barring applicants who used methadone violates the Americans with Disabilities Act (ADA).

Employers covered by the ADA cannot impose unlawful barriers to a job for people with disabilities, the agency noted, and this includes workers with records of opioid addiction who are taking methadone or other medication as part of their recovery.

In addition, the timing of the employer’s question about methadone use was problematic. The applicant was at the stage of applying for a job and had not yet been offered a position.

Before a job offer is made, the ADA does not allow employers to ask job applicants for information that may reveal the existence, nature, or severity of a disability. This includes questions about medication.

Even after a job offer is extended, a question like this must be carefully considered. Employers cannot have a job qualification standard that tends to screen out workers with disabilities (such as requiring applicants not to use methadone) unless it is job-related for the position and is also consistent with business necessity.

Treating methadone use the right way

When applicants ask about a job, questions about medications such as methadone should not be part of the conversation. The ADA prohibits employers from asking about prescription medications until after an offer of employment is made. While it’s fine to ask about medications or give a drug test after offering an applicant a job, it’s also risky at that stage to have a policy of turning an applicant away because of methadone use or a positive drug test for methadone.

Instead, the employer should give the applicant an opportunity to provide information about lawful medication use. An employer never needs to accommodate the illegal use of drugs, but an employee taking a lawfully prescribed medication should not be automatically disqualified from a job.

If there are concerns that the employee’s legal opioid use or treatment for opioid addiction would interfere with safe and effective job performance, an employer should consider whether there is a reasonable accommodation that resolves the concerns. The employee can check with their healthcare provider for risks the medication poses in light of job duties, and the employee and employer can discuss possible accommodations.

Moving too quickly to dismiss an employee using prescription medication, and skipping this step, risks a discrimination claim.

Key to remember: An employee legally using prescribed medication, including methadone, has ADA protections. Employers should not automatically disqualify an applicant because of methadone use.

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.

2025-12-16T06:00:00Z

How holidays affect FMLA leave

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

Counting the days

To determine how much FMLA leave an employee uses when holidays are involved, employers must look at whether employees are taking the leave in full weeks or not. If an employee is taking leave for one or more full weeks, the fact that a holiday occurs within the week of FMLA leave has no effect; the employer counts the whole week as FMLA leave.

When an employee is using FMLA leave in increments of less than one week, such as intermittent leave or working a reduced schedule, the employer doesn’t count the holiday as FMLA leave unless the employee was scheduled to work during the holiday, but didn’t because of an FMLA-qualifying reason.

If, for example, Jo Employee will be on FMLA leave for the last three weeks of December, and Jo’s employer gives employees time off on Christmas Day as a holiday, the employer would count the week of Christmas as a whole week of FMLA leave for Jo.

If, on the other hand, Jo took FMLA leave the Monday and Tuesday before Christmas Day, worked Wednesday, wasn’t scheduled to work Thursday because of the holiday, then worked Friday of that week, the employer would count only Monday and Tuesday as FMLA leave. If Jo also needed Friday off that week for an FMLA-qualifying reason and was scheduled to work on that day, the employer would also count Friday as FMLA leave.

Holiday pay

When it comes to holiday pay and FMLA leave, employers must apply their company policies. The FMLA doesn’t govern holiday pay. An employee’s entitlement to benefits other than group health care plan coverage is determined by the employer’s established policy for providing pay when the employee is on other forms of leave, paid or unpaid, as appropriate.

Employers might, for example, have a policy that requires employees to be at work the day before and after a holiday to receive holiday pay. The policy could have exceptions, such as when an employee is on paid time off on either of those days. In those situations, if an employee is using paid time off (like sick pay) while on FMLA leave for either of those days, they would be entitled to receive the holiday pay.

If a policy indicates that employees on unpaid leave the day before and/or after a holiday aren’t eligible to receive holiday pay, and an employee is on unpaid FMLA leave for either or both of those days, the employee wouldn’t be eligible to receive the holiday pay, per the policy.

Key to remember: Whether employers can count time off around a holiday as FMLA leave, or whether an employee will be entitled to holiday pay, will depend upon some specific facts, such as whether employees take leave in full weeks and what company policies indicate.

2024-08-28T05:00:00Z

When to skip a PIP and move to terminate an employee

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.

Read more: ezExplanation on discharging employees

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.

2025-12-19T06:00:00Z

Federal government revives medical marijuana proposal

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

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

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

A restart

The rescheduling proposal would move marijuana to the same drug class as prescription drugs such as Tylenol with codeine, ketamine, and steroids. It would also make it possible for medical marijuana to be prescribed to patients.

While the executive order revives the marijuana rescheduling issue, it will likely be 6-12 months before a final rule is issued.

Hearings will need to be scheduled, and comments from the hearings will need to be considered before a final rule is published.

DOT drug testing

A lot must happen before any changes will occur under the U.S. Department of Transportation (DOT) drug testing regulations. The DOT is required to follow U.S. Health and Human Services (HHS) guidelines for DOT drug testing, including the drug testing panel.

Until the federal Drug Enforcement Administration acts on rescheduling marijuana, neither the HHS nor DOT can move forward. Changes to the DOT drug testing panel can’t occur until:

The HHS provides new guidelines, and
Regulation 49 CFR Part 40 is revised through the rulemaking process.

At this time, it’s unknown whether there will be any stipulations built into the rescheduling allowing the HHS and DOT to continue testing for marijuana.

Stay the course for now

As the process plays out, employers not covered by federal drug and alcohol testing regulations should continue to follow state medical marijuana laws and watch for updates on workplace drug policy implications.

More will be known about how this executive order will influence workplace drug policies after hearings are completed and a final rule is issued. It’s likely that state laws will continue to make an impact on how employers handle marijuana in the workplace, however.

Key to remember: The federal government is once again looking at moving marijuana to a lower classification of drug. Until a final rule is issued, employers should continue to follow their current workplace drug policies. DOT testing panel may see changes, unless stipulations are built into rulemaking. Transportation industry anxiously waits to see how Executive Order will (or will not) impact DOT testing

2025-12-15T06:00:00Z

TPR audits explained: How to keep your school off the CDL mill list

After the recent removal of over 3000 CDL trainers, labeled as CDL mills, from the Training Provider Registry (TPR), and notice of 1500 in-person audits, schools and trucking companies alike are hoping to be found compliant with their training program. If you have received a notice of audit, don’t panic. Review your files, be sure you have the correct documentation, and know how to access it.

What prompted this “crackdown”?

Beginning in 2022, truck driving schools are required to register with the Federal Motor Carrier Safety Administration (FMCSA) to offer CDL training. The schools are required to meet minimum training standards and self-certify that they will meet these standards when they register on the TPR to provide this training. All CDL trainees must complete training at a school registered on the TPR before they can take a skills test to obtain a CDL. Like a motor carrier audit, CDL schools are audited to confirm compliance, and an alarming number of providers on the registry were recently found to have serious violations.

Why are providers being removed?

The most common reason for removal is some form of documentation deficiency. If training is not documented, there is no evidence it was actually completed. The Entry Level Driver Training (ELDT) requirements include documenting and retaining documentation of all training. Other reasons for removal are:

Falsifying records — Inaccurate information or back dated paperwork • Incomplete ELDT curriculum coverage — Failing to train to the federal standards due to state CDL testing requirements. Known as training to the test.
Unqualified instructors — Using instructors without the proper experience or failing to collect evidence of that experience.
Inadequate facilities — Classrooms, ranges, or training vehicles do not meet the minimum standards.

I received an audit notice, now what?

Pay attention to the details of the notice. Often it outlines the specific items the auditor will be inspecting. Gather this information and be sure it will be easily accessible on the day of the audit. Being prepared is a sign of competency. Prioritizing the arrival of the auditor can go a long way. You will need to provide:

Any licensing or certifications required by the state or states you operate in. Not-for-hire schools, such as motor carriers who only train employees, are sometimes exempt from these requirements. In this case, you will need to show the state regulation that exempts your organization.
A written lesson plan. This outlines the method of delivering your training. Demonstrate how you will provide theory training, the setting in which you will provide behind-the-wheel training, the vehicle types you will use, and the scoring requirements to gauge proficiency. • Documentation related to vehicles. Be prepared to show current registration, annual inspection, and proof of insurance for all units used in the training. If any of this information does not apply to the use of a particular vehicle, note that it is only used in specific training. As an example, an unregistered trailer could potentially be used to learn to inspect a vehicle, but would not be used on a public road.
Documentation related to trainer qualifications. Trainer qualification files are similar to driver qualification files. They must include a current CDL, medical qualification, proper endorsements, and drug and alcohol testing. In addition, trainer files need to have verification of the trainer’s experience.
Documentation of driver-training assessment. Records are required for all training. This should include scores and a timestamp. Documentation demonstrates progressive learning and total training time for each trainee.
A list of all training applicants that training was provided for, a copy of each Commercial Learner Permit (CLP), and a self-certification for each applicant that they will comply with all federal and state regulations, including substance testing.

Key to remember: Complete, accurate training files that are readily accessible are paramount to success in an audit.

Most Popular Highlights In Safety & Health

2025-12-16T06:00:00Z

Chock full of confusion on securing trailers

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

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

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

Limited exemption

First, many states run their own OSHA programs (state-plan states). Since the FMSCA jurisdiction agreement is with federal OSHA, states are not subject to the agreement could enforce chocking requirements in all cases, even for CMVs.

Second, OSHA expects employers to require chocking on CMVs if the employer’s workers (such as forklift drivers) will enter the trailer. Basically, OSHA stated that the FMCSA regulations (and jurisdiction issues) apply only to motor carrier employers that fall under FMCSA authority, not to other employers. To illustrate, if a CMV backs into the dock at a grocery store, and the store workers will unload the trailer, then OSHA has jurisdiction over the store workers.

OSHA addressed these issues in a letter of interpretation dated March 7, 2011, outlining the history of the agency’s agreement with the FMCSA. The letter clarifies that the FMSCA parking brake regulations “do not apply to companies which do not own, operate, or lease CMVs” and therefore OSHA can enforce chocking requirements against those employers.

If a manufacturing or retail employer is not subject to FMCSA regulations, but that employer has forklift operators unloading trailers, OSHA expects that employer to “take precautions to protect their workers ... from the movement of trailers.” Further, the letter clarifies that forklift operators “must be trained” not to enter a trailer “unless the trailer is properly secured or restricted from movement prior to boarding.”

For similar information, see our article, Five forklift facts that are not in the OSHA regulations.

Who’s responsible?

The above letter also asked who is responsible for confirming that no employees are injured when the truck driver attempts to move the trailer. OSHA responded that the employer must “ensure that forklift operators are not in the trailer or hostler when the driver attempts to remove the trailer from the loading dock.” Employers may adopt whatever procedures are necessary to ensure this.

The bottom line is that OSHA won’t enforce wheel chocking requirements on CMVs that are operated by a company under FMSCA jurisdiction. Other employers (like warehouses and manufacturing facilities) not under FMCSA jurisdiction must still take steps to protect workers from unexpected trailer movement — and OSHA will enforce those provisions.

Key to Remember: Although FMSCA regulations allow motor carriers to rely on parking brakes to secure trailers during loading and unloading operations, OSHA requires employers who are not motor carriers to secure trailers with chocks or similar means.

2025-12-17T06:00:00Z

OSHA releases 7 new LOIs on workplace safety and health requirements

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

This year's LOIs address the following topics:

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

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

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.

2025-07-01T05:00:00Z

OSHA Proposed Rule: Amending the Medical Evaluation Requirements in the Respiratory Protection Standard for Certain Types of Respirators

SUMMARY: OSHA is proposing to remove some medical evaluation requirements in the Respiratory Protection Rule for certain types of respirators. This proposed change would only impact filtering facepiece respirators and loose-fitting powered air-purifying respirators.

DATES: Comments must be received on or before November 1, 2025. Published in the Federal Register July 1, 2025, page 28463.

View proposed rule.

2023-04-19T05:00:00Z

Protect outdoor workers from poisonous plants

For many outdoor workers, contact with poisonous plants is a common hazard. Workers at risk include construction workers, landscapers, gardeners, outdoor painters, roofers, and wildland firefighters. If a workplace exposure to a poisonous plant results in medical treatment, restricted work, or days away, the employer must record the case on the OSHA 300 Log as a skin disorder (a type of illness).

The allergenic dermatitis of plants like poison ivy, poison oak, and poison sumac is caused by urushiol. Contrary to popular belief, for urushiol to come into contact with human skin, the plant must be damaged. Brushing up against the leaves is usually not enough to cause an allergic reaction.

Unknown factors potentially affecting severity include the relationship between a worker’s age, health status, environmental conditions, and their susceptibility to poisonous plants.

Types of exposures or reactions may include the following:

Mechanical dermatitis occurs when the skin is cut, punctured, or abraded by thorns, spines, or hairy appendages of plants that result in secondary infections.
Irritant dermatitis can happen when an irritating chemical in the plant contacts the skin. This is the most common occupational skin disorder.
Phytophotodermatitis, the most common form of irritant dermatitis, occurs when a chemical in a plant gets on the skin and then reacts with ultraviolet (UV) light from the sun. This reaction causes skin damage that begins as a patchy red rash with blisters.
Allergic contact dermatitis requires prior exposure to a plant chemical which sensitizes the immune system. As a result, antibodies form, leading to a more severe responses to the allergen with additional exposures.

Along with skin contact, workers can get exposed to plant toxins by breathing in poisonous plant matter (inhalation) or by getting the plant toxin into their mouth (ingestion) from hands, tools, equipment, or other surfaces containing the toxin.

Employers can:

Train workers on poisonous plants that may be present where they work, and what to do if exposed. Contact state and regional resources for information on local poisonous plants.
Provide suitable PPE such as gloves, eye protection, or respirators (if needed). Clean PPE per manufacturer instructions.
Instruct workers to clean tools and equipment after use. Toxic oils and residues left on the equipment can affect others that touch and share the equipment.
Provide soap and water to clean hands and skin.
Educate workers to not handle, touch, or eat unknown plants, including fruits and nuts.

Workers can:

Recognize poisonous plants where they work based on training.
Wear long pants, boots, long sleeve shirts, gloves, and eye protection.
Wash exposed clothing separately in hot water with detergent.
Clean used tools with rubbing alcohol or soap and water. Wear disposable gloves during this process.
Avoid touching their eyes or wiping plant fluids and sap on their clothing.
Notify coworkers and supervisors if they have been exposed to hazardous plants.
After exposure, immediately rinse the skin with rubbing alcohol, poison plant wash, or degreasing soap (such as dishwashing soap) or detergent, and lots of water.
See a doctor if the rash is severe, is located on the face or genitals, or has spread to other parts of the body or if there are signs of an inhalation exposure (difficulty breathing, swelling of throat and face, or a choking feeling). Call 9-1-1 if they experience a severe allergic reaction.

Key to remember: To protect themselves from poisonous plants, workers must recognize which plants are dangerous, understand how exposure occurs, and know how to address an exposure.

2022-07-13T05:00:00Z

The portable fire extinguisher triad — defining “readibly accessible”

A portable fire extinguisher provides zero benefit if the employee can’t access it. To counter this, OSHA created requirements relating to fire extinguisher placement based on travel distance between the employee and the fire extinguisher. This distance will vary depending on the type of fire.

Note that local ordinances or insurance agency expectations may be more stringent. The OSHA requirements described here apply only if the employer provides extinguishers for employee use.

OSHA specifies in 1910.157(c)(1) that employers provide portable fire extinguishers and mount, locate, and identify them so that they are readily accessible to employees. While lacking a formal definition, the term “readily accessible” typically means immediately available and within normal paths of travel. To help fill in the gaps regarding mounting, locating, and identifying, the National Fire Protection Agency (NFPA) offers additional guidance.

Mounting

Depending on the type and size, portable fire extinguishers should be mounted on brackets or in wall cabinets to prevent them from being moved or damaged. Those with a gross weight of 40 pounds or less should be mounted with their carrying handles no higher than 5 feet from the floor. Any fire extinguishers over 40 pounds need to be mounted with their carrying handles no more than 3 ½ feet from the floor. All portable fire extinguishers need to have at least 4 inches of clearance between their bottoms and the floor.

Locating

You can usually find portable fire extinguishers in offices, hallways, storage areas, meeting rooms, kitchens, mechanical/electrical rooms, and near exit doors. The fire extinguisher must be positioned based on the potential type and size of fire that can occur.

Class A (combustible material fire) – OSHA requires access to an extinguisher within 75 feet of travel distance. NFPA recommends one extinguisher for every 3,000 square feet.
Class B (flammable liquid fire) – OSHA requires access within 50 feet. NFPA identifies different sizes of extinguishers and variable spacing depending on the hazards present. This varies from low hazard requiring a 5-B extinguisher every 30 feet to a high hazard requiring an 80-B extinguisher every 50 feet.
Class C (electronic equipment fire) – extinguisher size and spacing is based on its Class A or B hazard.
Class D (combustible metal fire) – OSHA requires access within 75 feet from the hazard.
Class K (cooking media fire) – OSHA requires access within 30 feet from the hazard.

Identifying

While not specified in the OSHA standard, NFPA does mention that in areas where fire extinguishers aren’t visible due to obstructions, signs or other means must be provided to indicate the extinguisher location. It is seen as a best practice, especially when extinguishers are stored in a cabinet, to mount a sign near the extinguisher to identify its location.

By looking further into the regulations and NFPA guidance, employers can assure that extinguishers are available in a way that is compliant with OSHA requirements, are available if a fire occurs and those extinguishers are needed immediately.

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