Name change tops list of employer questions about Form I-9

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Name change tops list of employer questions about Form I-9

2022-12-22T06:00:00Z

Does the Form I-9 need to be updated when an employee’s name changes?

That was the most frequently asked listener question during a recent J. J. Keller & Associates webcast about the Form I-9.

Name change not (technically) required on Form I-9

When an employee has a legal name change because of marriage, divorce, or another reason, the U.S. Citizenship and Immigration Services (USCIS) does not require employers to update the Form I-9.

However, the agency does recommend that the employer note the name change in Section 3 of the form. The agency suggests that employers maintain correct information on the form.

Employers need to be sure of an employee’s identity

Employers shouldn’t simply take an employee’s word for it when it comes to a name change. The agency recommends that employers ask for proof.

Once again, the agency doesn’t require this, but it is certainly a good idea. The agency recommends that employers take steps to be reasonably assured of an employee’s identity, and this may involve asking the employee to provide documentation of the legal name change.

Keeping documentation of name change a best practice

Information about a name change is kept with the employee’s I-9.

That way if an employer’s I-9 forms are audited by a government agency, and the employee’s form is inspected, having this documentation shows the actions that were taken to verify identity.

Accepting documents with different names

An employer may also encounter name issues when an employee presents the documents needed to initially complete the Form I-9.

If an employee presents two documents with different last names, and one name matches the name the employee entered in Section 1, the employer may accept the documents.

The USCIS suggests that an employer attach a brief memo to the form that explains the reason for the different names. Any supporting documentation provided by the employee should also be attached.

The employee is not required to provide the documents explaining the name change. However, the employer is allowed to ask for other acceptable documents if there is something suspicious about the document with a different name that makes the employer question whether it is genuine.

Key to remember: An employer is not required to update an employee’s Form I-9 when the employee’s name change, but it is recommended.

Does the Form I-9 need to be updated when an employee’s name changes?

That was the most frequently asked listener question during a recent J. J. Keller & Associates webcast about the Form I-9.

Name change not (technically) required on Form I-9

When an employee has a legal name change because of marriage, divorce, or another reason, the U.S. Citizenship and Immigration Services (USCIS) does not require employers to update the Form I-9.

However, the agency does recommend that the employer note the name change in Section 3 of the form. The agency suggests that employers maintain correct information on the form.

Employers need to be sure of an employee’s identity

Employers shouldn’t simply take an employee’s word for it when it comes to a name change. The agency recommends that employers ask for proof.

Keeping documentation of name change a best practice

Information about a name change is kept with the employee’s I-9.

That way if an employer’s I-9 forms are audited by a government agency, and the employee’s form is inspected, having this documentation shows the actions that were taken to verify identity.

Accepting documents with different names

An employer may also encounter name issues when an employee presents the documents needed to initially complete the Form I-9.

If an employee presents two documents with different last names, and one name matches the name the employee entered in Section 1, the employer may accept the documents.

The USCIS suggests that an employer attach a brief memo to the form that explains the reason for the different names. Any supporting documentation provided by the employee should also be attached.

Key to remember: An employer is not required to update an employee’s Form I-9 when the employee’s name change, but it is recommended.

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Most Recent Highlights In Environmental

EHS Monthly Round Up - May 2025

In this May 2025 roundup video, we'll review the most impactful environmental health and safety news.

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

OSHA will host an informal public hearing on its proposed Heat Injury and Illness Prevention rule on June 16. Information about the proposed rule and instructions on how to watch the hearing can be found on OSHA’s website.

OSHA’s National Safety Stand-Down to Prevent Falls in Construction event, held the week of May 5, raised awareness of fall hazards in an effort to help prevent injuries and fatalities. Slips, trips, and falls were the leading cause of death in the construction industry in 2023, accounting for 421 fatalities.

After concluding its investigation of a California chemical facility fire, the Chemical Safety and Hazard Investigation Board is calling for improved heater safeguards to prevent similar incidents. The fire was caused by an overheated refinery furnace. The Board also made several safety recommendations for chemical facilities.

Following a number of recent fall incidents, the Mine Safety and Health Administration issued a safety alert advising miners to use fall protection. The most recent incident occurred when a miner fell from the deck of a bulldozer.

Turning to environmental news, EPA further delayed the PFAS manufacturing report submission period. The date was moved from July 11, 2025, to April 13, 2026. This is a one-time reporting requirement for manufacturers of per- and polyfluoroalkyl, or PFAS, substances.

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

2025-06-05T05:00:00Z

Agency again delays submission deadline for TSCA Section 8(d) health and safety data

The Environmental Protection Agency (EPA) has again delayed the deadline for submitting data on 16 chemical substances required by the Toxic Substances Control Act (TSCA) Health and Safety Data Reporting rule. Manufacturers (including importers) now have until May 22, 2026, to report on all of the covered chemical substances.

What’s required?

The TSCA Section 8(d) Health and Safety Data Reporting rule (40 CFR Part 716) requires manufacturers (including importers) of 16 chemicals to report data from:

Unpublished health and safety studies; and
Unpublished studies on environmental effects and occupational, general population, and consumer exposure.

The covered chemicals include:

4,4-Methylene bis(2-chloraniline),
4-tert-octylphenol(4-(1,1,3,3-Tetramethylbutyl)-phenol),
Acetaldehyde,
Acrylonitrile,
Benzenamine,
Benzene,
Bisphenol A,
Ethylbenzene,
Hydrogen fluoride,

N-(1,3-Dimethylbutyl)-N’-phenyl-p-phenylenediamine (6PPD),
2-anilino-5-[(4-methylpentan-2-yl) amino]cyclohexa-2,5-diene-1,4-dione (6PPD-quinone),
Naphthalene,
Styrene,
Tribomomethane (Bromoform),
Triglycidyl isocyanurate, and
Vinyl chloride.

Note that EPA’s first extension in March 2025 moved the submission deadline for vinyl chloride to June 11, 2025, and for the remaining 15 chemicals to September 9, 2025. This rule pushes the submission deadline for all chemicals (including vinyl chloride) to May 22, 2026.

Who’s covered?

The rule applies to manufacturers in the North American Industrial Classification System (NAICS) codes for chemical manufacturing (NAICS code 325) and petroleum refineries (NAICS code 324110) that:

Currently manufacture (including import) a covered chemical, or
Manufactured (including imported) or proposed to manufacture (including import) a covered chemical within the past 10 years.

The reporting requirement also applies to manufacturers of substances for commercial purposes that coincidentally produced a covered chemical during the manufacture, processing, use, or disposal of another substance or mixture (including byproducts and impurities).

How do you report?

Reporters submit the TSCA Section 8(d) data via the Chemical Information Submission System (or CISS) tool on the Chemical Safety and Pesticide Program (CSPP) system. The CSPP is accessed through EPA’s Central Data Exchange.

Key to remember: Manufacturers now have even more time to submit TSCA Section 8(d) health and safety data reports for 16 chemical substances.

2025-06-03T05:00:00Z

Conduct AAI before you buy: Shield against Superfund liability

There’s one question that all potential purchasers should ask before buying an industrial or commercial property: Could the business be held liable for hazardous substance contamination? The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also called “Superfund,” allows the Environmental Protection Agency (EPA) to make both current and past facility owners and operators responsible for cleaning up sites contaminated by hazardous substances.

However, CERCLA offers liability protections to landowners and potential purchasers who didn’t cause or contribute to property contamination if they meet specific requirements, including conducting All Appropriate Inquiries (AAI).

Here’s how AAI can shield your organization from Superfund liability.

What’s AAI?

EPA defines AAI as “the process of evaluating a property’s environmental conditions and assessing potential liability for any contamination.” It encompasses the activities required by the AAI rule (40 CFR Part 312) to:

Establish current and past uses and ownerships of the property; and
Identify conditions that indicate releases or threatened releases of hazardous substances on, at, in, or to the property.

Potential property owners must comply with the AAI rule to claim protection from CERCLA liability. They may use one of three landowner defenses:

Innocent landowners (who didn’t know and had no reason to know before purchase that the property was contaminated),
Contiguous property owners (who didn’t know and had no reason to know before purchase that the property is or may be contaminated by a neighboring property), or
Bona fide prospective purchasers (who knew or had reason to know before the purchase that the property was contaminated but were allowed to purchase it by meeting and continuing to meet certain criteria).

Who’s required to comply?

You must meet the AAI requirements if you plan to purchase a property for nonresidential use and may want to use CERCLA liability protections for hazardous substance releases or threatened releases after purchase.

The AAI rule requires an environmental professional to conduct most of the activities (312.21), but it also contains provisions that the potential owner must meet (312.22).

Who qualifies as an environmental professional?

An environmental professional has the needed background to identify conditions of a property that indicate releases or threatened releases of hazardous substances. According to 312.10, an environmental professional needs:

A current professional engineer’s or professional geologist’s license or registration and three years of relevant work experience,
A government-issued license or certification to perform environmental inquiries and three years of relevant work experience,
A bachelor’s degree or higher in engineering or science and five years of relevant work experience, or
Ten years of relevant work experience.

What’s required to comply?

The AAI rule lists the actions needed to qualify for CERCLA liability protection using the landowner defenses. All AAI tasks must be completed before acquiring the property. Most tasks need to be completed within one year prior to purchasing a property. However, a handful of actions must happen within 180 days before purchase:

Interviews,
Environmental cleanup lien searches,
Governmental record reviews,
Visual inspections, and
Declaration by the environmental professional.

The environmental professional:

Interviews current and past property owners, operators, and occupants;
Reviews historical information sources;
Reviews government records;
Conducts visual inspections of the facility and adjoining properties;
Reviews commonly known or reasonably ascertainable property information; and
Assesses the degree of obviousness of the presence or likely presence of property contamination and the ability to detect the contamination.

The potential landowner:

Searches for environmental cleanup liens not provided by the environmental professional,
Assesses any personal specialized knowledge or experience,
Assesses the relationship of the purchase price to the fair market value if the property isn’t contaminated, and
Obtains any commonly known or reasonably ascertainable property information not provided by the environmental professional.

Report the results

The AAI results must be documented in a written report that’s signed by the environmental professional. It must include:

The environmental professional’s determination of whether the property has conditions that indicate releases or threatened releases of hazardous substances,
Any data gaps that impacted the ability to identify such conditions and how the missing information impacted the determination,
The environmental professional’s qualifications, and
The required certification statements at 312.21(d).

Get guidance from industry standards

The regulations don’t provide specific requirements for the AAI format, and although the rules outline the actions you must take, it can be daunting to implement AAI without further guidance.

Consider using industry standards! EPA even references ASTM International Standards at 312.11 that you can use to comply.

Key to remember: Potential landowners can shield themselves from CERCLA liability for hazardous substance contamination by conducting All Appropriate Inquiries.

2025-05-27T05:00:00Z

Site Announcement: New Homepage Coming Soon!!!

Thank you to all our members that have taken the time to provide the Compliance Network team with feedback on what they like and do not like about the site. We have taken this feedback to heart and have redesigned the homepage to better serve our members. Our goal is to make finding the information you need easier and faster.

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2025-05-23T05:00:00Z

Title V operating permits: Comply, certify, repeat

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

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

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

What’s required?

Facilities submit annual compliance certifications to the Title V permitting authority, which is usually a state or local regulatory agency (40 CFR 70.6). An EPA Regional Office serves as the permitting authority (71.6) for federally issued permits.

Title V tip:Check the state or local regulations for Title V compliance certification rules. They may require more frequent submissions and additional information.

At a minimum, the annual compliance certification covers two major areas for every permit term or condition:

The compliance methods, and
The compliance status.

Let’s take a closer look at each element.

Compliance methods

Your facility’s compliance methods are the ways it tracks whether it’s meeting the Title V permit requirements or not. When a term or condition isn’t met (like exceeding an emission limit), it’s known as a deviation.

Compliance methods consist of monitoring, recordkeeping, and reporting:

Monitoring includes the procedures, test methods, and equipment used to track compliance data.
Recordkeeping covers:
- The date, place, and time of monitoring;
- The date when monitoring results were analyzed, the entity that conducted the analysis, the analytical methods used, and the results; and
- The operating conditions during monitoring.
Reporting consists of semiannual monitoring reports and deviation reports (which list the deviation, the applicable permit requirement, the probable cause, and any corrective or preventive actions).

Compliance status

Three questions determine the compliance status of each permit requirement during the covered period:

Did the facility comply with the requirement?
Was compliance continuous or intermittent?
Were any deviations a “possible exception to compliance"?

Intermittent vs. continuous compliance

For each permit term or condition, your facility has intermittent compliance if it doesn’t meet the requirements at any time during the covered period. Your facility achieves continuous compliance only if it:

Performs the necessary compliance methods,
Has no unexcused deviations, and
Records no contrary evidence.

Possible exception to compliance

EPA defines a possible exception to compliance as “any periods during which compliance is required and in which an excursion or exceedance … occurred” (70.6(c)(5)(iii)(C)).

Simply put, a possible exception to compliance is a deviation that occurs when compliance is mandated. If compliance isn’t required or another permit requirement excuses it, the deviation isn’t a possible exception.

How do I submit a compliance certification?

Your facility’s Title V permit provides instructions for how to submit the annual compliance certification, including the required forms and methods (via mail or electronic submission). You can also confirm requirements with your permitting authority. Generally, federally permitted facilities use the Annual Compliance Certification (EPA Form 5900-04).

Title V tip: Electronic submissions may be an option through the Compliance and Emissions Data Reporting Interface (CEDRI) on EPA’s Central Data Exchange. Check with your permitting authority to determine whether you may submit the annual compliance certification electronically via CEDRI.

Annual compliance certification is vital to maintaining your Title V permit. Keep in mind: comply, certify, and repeat.

Key to remember: Facilities with a Title V operating permit must certify compliance with the requirements at least annually.

Most Recent Highlights In Transportation

2025-05-21T05:00:00Z

Compliance guide: Air regulations for emergency generator installation

In today's rapidly evolving energy landscape, businesses are turning to back-up emergency generators to keep operations running smoothly. Several key factors are driving this growing trend:

Extreme heat and weather events

Climate change has led to more intense weather like hurricanes, wildfires, and heatwaves. These events put pressure on power grids, causing outages that disrupt business operations. Generators help by providing backup power during unexpected failures.

Power demand from AI and data centers

Artificial intelligence (AI) and data centers need a lot of electricity. As these technologies grow, power grids struggle to keep up. Companies use generators to prevent power shortages and keep essential systems running.

Grid reliability concerns

Aging infrastructure and unsteady energy supply from renewable sources can make electrical supply unstable. Industries like manufacturing, healthcare, and finance need steady power to avoid costly interruptions. Generators act as a safety net when the grid fails.

Compliance considerations

Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.

Air permits

•State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.

•In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.

•Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: NSR Permits.

(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)

•Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.

•The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.

•Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.

•After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits

EPA emission standards

The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.

These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.

Other Regulations

Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:

•Aboveground Storage Tank (AST) Requirements

•Spill Prevention Control and Countermeasure (SPCC) Plans

•EPCRA Tier II Reporting

Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.

2025-05-16T05:00:00Z

Expert Insights: Hazardous waste vs. hazardous materials explained

Several questions we receive from our customers use the terms “hazardous waste” and “hazardous materials” interchangeably. At a recent event, a few attendees admitted that they didn’t think there was a difference between the two. This is a common point of confusion, and we want to ensure that our readers know the difference. Let’s dive into it!

Hazardous materials

The term hazardous material is defined by the Department of Transportation. It refers to any substance or material that poses an unreasonable risk to health, safety, and property during transportation. Hazardous materials include hazardous substances, hazardous wastes, marine pollutants, and elevated-temperature materials. Essentially, if it’s dangerous and transported, it’s considered a hazardous material.

Hazardous waste

On the other hand, hazardous waste is defined by the Environmental Protection Agency. It refers to contaminated chemicals or by-products that no longer serve their purpose and need to be disposed of. Hazardous wastes are either listed or exhibit characteristics like ignitability, corrosivity, toxicity, or reactivity. It’s essentially waste that poses a danger to health or the environment and requires special handling and disposal.

To put it simply, hazardous material is a broad term that includes various dangerous substances during transportation, while hazardous waste specifically refers to dangerous by-products that need disposal. Understanding these terms is crucial for compliance with environmental and safety regulations.

If you ever find yourself unsure, remember that hazardous materials are about transportation risks, and hazardous wastes are about disposal risks.

2025-05-13T05:00:00Z

EPA further delays PFAS manufacturing report submission period

The Environmental Protection Agency (EPA) issued an interim final rule that further delays the submission period for the one-time reporting requirement for manufacturers of per- and polyfluoroalkyl substances (PFAS). It pushes the starting submission period to April 2026.

Under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), EPA requires any business that manufactured (including imported) any PFAS or PFAS-containing article between 2011 and 2022 to submit the report.

What’s the new timeline?

The Section 8(a)(7) PFAS report’s opening submission period was moved from July 11, 2025, to April 13, 2026. Most manufacturers have six months to submit the report. Small manufacturers reporting only as importers of PFAS-containing articles have one year.

TSCA Section 8(a)(7) PFAS report submission period
Most manufacturers	April 13, 2026–October 13, 2026
Small manufacturers reporting solely as PFAS article importers	April 13, 2026–April 13, 2027

About the report

Manufacturers (including importers) covered by the TSCA Section 8(a)(7) PFAS reporting rule (40 CFR Part 705) must provide information about:

Chemical identity, uses, and volumes;
By-products;
Environmental and health effects;
Worker exposure; and
Disposal.

It’s the second time EPA has postponed the reporting period. In September 2024, the agency moved the beginning submission period from November 2024 to July 2025. This latest interim rule pushes the starting period from July 2025 to April 2026.

Why the delay?

EPA needs more time to prepare the online reporting tool on the Central Data Exchange that businesses will use to submit the data. The agency will conduct tests to ensure that the application can accept submissions and that reporters don’t encounter technical issues.

Key to remember: EPA further delayed TSCA Section 8(a)(7) PFAS reporting. The submission period now begins on April 13, 2026.

EHS Monthly Round Up - April 2025

In this April 2025 roundup video, we'll review the most impactful environmental health and safety news.

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

On April 17, OSHA released 2024 injury and illness data. This includes information from more than 370,000 establishments that submitted Form 300A, as well as partial data from more than 732,000 Form 300 and Form 301 records. OSHA provides public access to the data in an effort to identify unsafe conditions and workplace hazards that may lead to occupational injuries and illnesses.

This year’s National Stand-Down to Prevent Struck-by Incidents took place the week of April 21. Struck-by incidents are the second leading cause of death among construction workers and the leading cause of nonfatal injuries in the construction industry. The stand-down emphasized the importance of training and prevention on worksites.

A safety alert from the Mine Safety and Health Administration urges the mining community to implement effective safety and health programs, with a focus on identifying and eliminating health and safety hazards. The alert was issued due to a high number of mining fatalities in the first quarter of 2025.

The Mine Safety and Health Administration temporarily paused its silica enforcement for coal mine operators until August 18, four months from its original compliance date of April 14. Under the agency’s silica rule, mine operators must update their respiratory protection programs. This may require them to obtain additional respirators and sampling devices. The agency says this four-month pause provides time for operators to come into compliance.

And finally, turning to environmental news, EPA updated the process for making data corrections to hazardous waste manifests. Waste handlers must correct errors on the manifest within 30 days of a request from EPA or a state agency. They also must submit corrections electronically.

And finally, EPA streamlined its pesticide registration process. The agency updated its MyPest app and made policy changes regarding how to submit two of its registration forms.

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

2025-05-08T05:00:00Z

Small quantity generators: Ready for RCRA re-notifications?

You’ve likely never thought of “staying in touch” as a legal obligation, but that’s exactly what it is for facilities that generate small quantities of hazardous waste. The Environmental Protection Agency (EPA) mandates that small quantity generators (SQGs) give updates on their hazardous waste activities every four years. The next re-notification is right around the corner; it’s due by September 1, 2025.

Here's what SQGs need to know to stay in touch — and in compliance — with EPA.

What’s the re-notification requirement?

The Resource Conservation and Recovery Act (RCRA) enables EPA to control hazardous waste from generation to disposal. The agency keeps tabs on SQGs through the re-notification regulation at 40 CFR 262.18(d). It requires SQGs to re-notify EPA or the state environmental agency of their generator status and activities every four years by submitting the:

Notification of RCRA Subtitle C Activities, also known as the Site Identification (ID) Form (EPA Form 8700-12), or
State-equivalent form.

How do SQGs re-notify?

Regulated SQGs must submit the Site ID Form. EPA and many states use the myRCRAid module on RCRA Information (RCRAInfo) for re-notifications.

Here’s how to submit the Site ID Form on myRCRAid:

Log in to RCRAInfo.
Click “Create New Submission” on the myRCRAid tab.
Select the reason for submittal as “Obtaining or updating an EPA ID number for on-going regulated activities (Items 10–17) that will continue for a period of time."
Review and update the information about your site as needed, including the facility’s:
- EPA ID number,
- Name and location address,
- Mailing address,
- Land type,
- North American Industry Classification System (or NAICS) code,
- Site contact information,
- Legal owner/operator information,
- Type of regulated waste activity,
- Additional regulated waste activities, and
- Status as:
  - An academic entity with laboratories,
  - An episodic generator,
  - A large quantity generator (LQG) consolidating very small quantity generator hazardous waste,
  - An LQG site closing a Central Accumulation Area or facility,
  - A secondary hazardous material manager, and
  - A contractor of an electronic manifest broker.
Include any additional information in the comments section (Item 18).
Click “Review.” Make any needed corrections to the information. Once this is complete, myRCRAid will display the Review Source Record page.
Submit the re-notification:
- If you don’t have Certifier permission, click “Mark Ready for Signature.” The application will save the form in the “In Progress” section on myRCRAid and notify individuals at your facility with Certifier and Site Manager permissions. The status will display “Ready for Signature."
- If you have Certifier permission, confirm that the data is correct and click “Sign & Submit” to electronically sign the submission.

Once you submit the Site ID Form, its status on myRCRAid will display “Pending.” EPA or the state regulator will approve or reject the re-notification submission.

Re-notification recommendations

Consider these tips when preparing your SQG re-notification:

Most RCRA programs are implemented at the state level. Confirm the re-notification regulations with your state environmental agency. It may not use myRCRAid and may require more frequent submissions.
Ensure you have the necessary RCRAInfo permissions to submit the SQG re-notification. A Preparer can enter information into the Site ID form, but only a Certifier or Site Manager with Certifier permission may sign and submit it.
EPA accepts submission of the Site ID form at any time within the four years before the next re-notification deadline, so you can submit the re-notification before September 1. Verify with your state whether the same allowance applies.

Submitting the SQG re-notification properly keeps EPA updated and your facility compliant.

Key to remember: Small quantity generators of hazardous waste must re-notify EPA or the state agency by September 1, 2025.

Most Recent Highlights In Safety & Health

2025-04-24T05:00:00Z

UST release detection equipment: Testing 1, 2, 3

The next time you’re at a service station, consider the fact that you’re standing above underground tanks holding the fuel that you’re pumping into your vehicle. This brings up an important question about any underground tank: Since you can’t see the tank, how do you know if it starts to leak? The answer is a release detection system.

The Environmental Protection Agency (EPA) requires that all regulated underground storage tanks (USTs) have release detection systems and that owners and operators of USTs test the equipment annually to ensure it operates correctly.

Let’s look at three aspects of release detection equipment testing: how to conduct testing, what to test for, and what to record.

1. How do I test the equipment?

UST owners and operators may conduct release detection equipment testing according to:

The manufacturer’s instructions,
Industry codes and standards, or
The implementing agency’s requirements.

Manufacturer’s instructions

Each piece of release detection equipment should have an associated manual or guide for owners to reference. The manual or guide will explain how to test the equipment.

Tip: Most equipment manufacturers provide online versions of their product manuals and guides, which you can likely find on the manufacturer’s website. If you can’t find guidance, contact the manufacturer directly.

Industry codes and standards

EPA’s regulations stipulate that UST owners and operators who follow industry codes and standards must choose ones developed by a nationally recognized association (like ASTM International or the Petroleum Equipment Institute (PEI)) or an independent testing laboratory.

For instance, the agency states at 280.40(a)(3) that UST owners and operators may use PEI/RP1200, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, to comply.

Implementing agency requirements

EPA’s rules for testing release detection equipment serve as the minimum standards. Most state regulatory agencies implement UST programs and may impose stricter or additional requirements. Plus, local regulations may apply.

Check state and local rules to ensure your UST complies with the right requirements.

2. What do I test?

At a minimum, UST owners and operators must test the following factors that apply to their release detection systems.

Automatic tank gauges and other controllers: Test the alarms and battery backups. Verify the system’s configuration.
Probes and sensors: Test alarm functionality and communication with the controller. Inspect the probes and sensors for residual buildup. Ensure that the floats move freely, the cables have no kinks or breaks, and the shaft isn’t damaged.
Automatic line leak detectors: Simulate a leak to determine whether the detector meets the operation requirements of 280.44(a).
Vacuum pumps and pressure gauges: Confirm correct communication with the sensors and controller.
Handheld electronic groundwater and vapor sampling equipment: Ensure the monitoring equipment operates properly.

3. What records do I have to keep?

The regulation at 280.45(b)(1) mandates that UST owners and operators keep records of the annual release detection equipment testing results for at least three years.

For each annual testing record, list:

Each device tested,
If the devices operated according to 280.40(a)(3) or had issues that needed attention, and
Any corrective actions applied.

Why is release detection equipment testing so important?

Petroleum and other hazardous substances that leak from USTs can endanger human and environmental health. A leaking UST’s primary threat is groundwater contamination. Groundwater supplies drinking water for almost half of Americans.

A release detection system enables a facility to respond sooner to accidental releases and, therefore, limit potential harmful impacts — only if the equipment used for the system operates properly.

Testing your UST’s release detection equipment is vital because it allows you to identify which components function accurately and which parts have problems that need correction. A well-functioning release detection system can help your facility:

Maintain regulatory compliance (and avoid enforcement actions like penalties),
Identify opportunities to upgrade existing equipment to improve operational efficiency, and
Protect your employees and the community in which your facility operates.

Key to remember: EPA requires facilities to test the release detection equipment used on underground storage tanks each year to make sure it operates properly.

2025-04-23T05:00:00Z

EPA modernizes pesticide registration policy, tweaks tracking app

Pesticide registrations just became simpler, more modern, and more transparent! EPA recently updated an app and made policy changes regarding how to submit two forms. All these changes result in a streamlined pesticide registration process.

Pesticide registration tracking app

On April 18, EPA made enhancements to its MyPest app, which sources say was initially launched in mid-January. EPA is proud to say that MyPest already boasts over 1,200 registrants. The new app allows registrants of pesticide products to:

Monitor the status of their registration submissions in real-time,
Drill down to a detailed view of each application, and
Communicate directly with EPA staff about registration packages in review.

Updates to MyPest include an enhanced dashboard page. The page offers information about the registrant’s cases and products. More updates are planned later this year.

Policy changes impacting two forms

On April 4, EPA announced in the Federal Register the issuance of Pesticide Registration (PR) Notice 2025-1. The notice itself is dated effective March 27, 2025. Its subject line reads, “Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35).”

The latest PR notice supersedes PR Notice 98-5, dated June 12, 1998. While the revisions were proposed last June, the agency only finalized them now. According to PR Notice 2025-1:

EPA Form 8570-34 — This is the Certification with Respect to Citation of Data. Pesticide registrants use this form to indicate how they will meet their data submission/citation obligations under the law. When a registrant refers to another company’s data, the registrant must certify that:
- It offered compensation to the original data submitter, or
- It has the original data submitter’s permission to cite the data.
EPA Form 8570-35 — This is the Data Matrix. Pesticide registrants use this form to indicate to whom they made offers of compensation.

The two forms — EPA Forms 8570-34 and 8570-35 — have not been modified. Only policies regarding the submission of the two forms have changed. The agency:

Eliminated the instruction to use “paper” submissions;
Says registrants should complete and submit the two forms electronically through the Pesticide Submission Portal;
Eliminated the instruction that registrants submit two versions of the Data Matrix, i.e., the ‘‘Internal Agency Use Copy’’ and the ‘‘Public File Copy’’; and
Requires that registrants submit a single Data Matrix without redactions.

EPA contends that none of the information on Form 8570-35 is confidential. Put another way, none of the information on the Data Matrix is protected from public release. Therefore, the agency claims there is no reason to submit two versions of the form.

According to EPA, entities potentially affected by the policy changes include, but are not limited to:

Crop production,
Animal production,
Food manufacturing, and
Pesticide manufacturing.

Efficiencies and transparencies gained

Using electronic reporting for EPA Forms 8570-34 and 8570-35 brings efficient data transmittal, argues EPA. A bonus is that electronic reporting will also reduce errors. That’s because of automated validation tools in the portal. Submitters should experience lower costs and faster review and transmission of data, the agency adds.

In 2024, EPA received a total of 3,309 Data Matrices. Moving from two versions to just one for the Data Matrix form should save registrants and EPA time. Specifically, completing, submitting, and processing the Data Matrix should be quicker. EPA will also experience time savings when providing the public access to the information. Extra steps under the Freedom of Information Act would not be needed.

The MyPest app update is a step forward in efficiency and transparency, concludes EPA. The app enhancements are part of the agency’s overall move toward digital and streamlined processes. EPA projects that the app will improve the timeliness of pesticide registration decisions.

Key to remember

Recent actions streamline the pesticide registration process and make it more transparent. These actions relate to the MyPest app and EPA Forms 8570-34 and 8570-35.

2025-04-17T05:00:00Z

Workplace recycling in 2025: Why it matters now more than ever

Think recycling at work is just tossing paper in a blue bin? Think again. In 2025, workplace recycling is being redefined — from a basic office task to a strategic initiative that impacts your company’s bottom line, brand reputation, and environmental footprint.

From cardboard and plastics to e-waste and food scraps, today’s leading businesses are building smarter, circular systems that turn trash into opportunity — one department at a time.

Here are five reasons why recycling matters now more than ever.

1. Environmental responsibility impacts your brand reputation

Sustainability is no longer just a corporate social responsibility (CSR) talking point. It’s a core business differentiator. As a management or EHS leader, you’re often on the frontlines of implementing the visible changes that shape public perception. Recycling programs are a low-barrier, high-impact initiative that sends a clear message to customers, investors, and employees: We walk the talk.

Failing to prioritize environmental responsibility puts your company’s reputation at risk — especially in industries with public visibility or regulatory scrutiny. Forward-thinking competitors are already using circular economy models and zero-waste initiatives to win market share.

Champion a program that reflects your company’s values and positions you as a sustainability leader in your field.

2. Compliance with local, state, and federal regulations

Recycling is no longer a “nice-to-have.” Many jurisdictions now require commercial recycling, especially for packaging waste, e-waste, and food scraps. Increasingly, regulations also demand data transparency, such as tracking waste volumes, diversion rates, and sustainability goals.

Supervisors in environmental and safety roles are responsible for ensuring compliance and minimizing risk. Violations can result in hefty fines, bad press, or loss of contracts.

Stay ahead of compliance trends and implement a recycling program that satisfies current and future requirements while keeping auditreadiness top of mind.

3. Cost savings and operational efficiency

Landfill disposal is becoming more expensive due to tipping fees and transportation costs. By diverting materials through recycling or reuse programs, companies can reduce both their environmental footprint and their operational spend.

In addition, smart material handling and waste segregation can lead to process improvements — less clutter, fewer hauling pickups, and even opportunities to monetize recyclable materials like scrap metal, cardboard, or used electronics.

Use data from your waste audits and vendor reporting to identify high-volume waste streams and optimize for both cost reduction and resource efficiency.

4. Workforce engagement, retention, and culture

Today’s workforce, particularly younger employees, is drawn to employers who align with their values. A clean, green workplace that visibly supports recycling and sustainability reinforces a positive culture, boosts morale, and improves engagement — especially when employees feel like they’re contributing to something bigger.

Recycling initiatives are also an easy win for cross-departmental engagement. Whether through green teams, signage campaigns, or employee challenges, these programs offer hands-on ways to involve everyone.

Build internal buy-in by showing how your initiatives support company values, employee wellness, and sustainability goals through shared responsibility.

5. Alignment with data-driven ESG and sustainability goals

In 2025, companies are under increasing pressure from stakeholders to report measurable progress on environmental, social, and governance (ESG) initiatives. Waste reduction, recycling rates, and landfill diversion metrics are among the top data points requested in annual sustainability reports and RFPs.

Supervisors and EHS leaders are often the owners of the data. You're tasked with tracking, verifying, and reporting on these outcomes. Without a structured recycling program in place, those metrics are impossible to capture, and your ESG report falls flat.

Establish a system for measuring, improving, and communicating progress toward zero-waste or landfill diversion targets, and support leadership in meeting ESG benchmarks.

Key to remember: Embracing workplace recycling in 2025 isn’t just good for the planet — it’s a smart move that drives innovation, saves money, and positions your company as a leader in sustainability.

EHS Monthly Round Up - March 2025

In this March 2025 roundup video, we'll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s get started!

Ladders were the cause of over 22,000 workplace injuries and 161 deaths in 2020. Each March, the American Ladder Institute promotes ladder safety awareness with the goal of reducing ladder-related injuries and fatalities. Every Step Matters was the theme of this year’s National Ladder Safety Month.

Stand Up 4 Grain Safety Week kicked off on March 24. This annual event brings attention to preventable grain handling hazards and promotes safety in this high-hazard industry.

Federal agencies must review their regulations and report back to the White House by April 20. The priority is on “significant” rules, generally considered to be those with an annual effect on the economy of 100 million dollars or more. Once the regulations have been identified, the Office of Management and Budget and the Department of Government Efficiency will work with agency leaders to create a plan for rescinding or modifying the regulations and begin winding down their enforcement.

A highwall fatality at a surface mine prompted the Mine Safety and Health Administration to issue a safety alert. It outlines what miners should do to prevent similar incidents, including looking for hazards such as loose rocks and overhangs before beginning work.

The American Society of Safety Professionals revised its construction training standard. It outlines training requirements for new hires in construction and demolition operations, site procedures, regulatory compliance, and more.

And finally, turning to environmental news, EPA will reconsider a number of major rulemakings that may impact a variety of industries. This is in response to an executive order that federal agencies review their regulations. Among the rules under consideration include those related to clean power, oil and gas emission limits, greenhouse gas reporting, and risk management.

EPA’s Waste Emissions Charge on petroleum and natural gas facilities with high methane emissions is no longer in effect. The rule initially took effect in January and was then disapproved by Congress on March 14.

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

2025-04-04T05:00:00Z

Hazardous waste manifest errors? Follow RCRA’s correction process

Hazardous waste manifests are like travel logs. They track the entire journey of regulated hazardous waste, from the starting point (the generator’s facility) to the final destination (the off-site waste management facility). Like travel logs, a manifest is only as accurate as the information provided. Thankfully, you can correct manifest errors.

The Environmental Protection Agency (EPA) finalized the Third Rule under the Resource Conservation and Recovery Act (RCRA), which took effect in January 2025. It made noteworthy changes to the manifest corrections process. Here’s what hazardous waste generators, transporters, and treatment, storage, and disposal facilities (TSDFs) need to know.

Who’s impacted?

The Third Rule impacts entities subject to RCRA’s manifest regulations. This article focuses on the manifest correction rules that apply to these waste handlers:

Small and large quantity generators,
Transporters, and
TSDFs.

Note that the final rule amends post-manifest correction regulations for other entities, such as exporters, that are beyond the scope of this article.

What are the Third Rule changes?

EPA’s final rule maintains most of the post-receipt manifest data corrections process.

What’s the same?

Specifically:

Any waste handler named on the manifest may voluntarily submit data corrections at any time,
Waste handlers can make an unlimited number of voluntary corrections,
Corrections may be applied to an individual record or batch of them, and
Submissions must include a signature compliant with the Cross-Media Electronic Reporting Rule (CROMERR).

What’s different?

Previously, when EPA or a state regulatory agency requested corrections to data on a manifest, waste handlers weren’t required to make them. The Third Rule now mandates that waste handlers:

Correct errors on the manifest within 30 days of a corrections request from EPA or a state agency, and
Make data correction submissions electronically for paper or electronic manifest records.

Post-receipt corrections are made via the Hazardous Waste Electronic Manifest System (e-Manifest) on the RCRA Information (RCRAInfo) system.

The Third Rule also clarifies that receiving facilities (TSDFs) can make corrections only after the manifest is completed (i.e., signed and submitted to the e-Manifest system).

What’s the post-receipt manifest correction process?

Waste handlers submitting voluntary or mandatory post-receipt corrections to hazardous waste manifests must follow the process established at 40 CFR 264.71(l).

Follow this general process on the e-Manifest System:

Certify that the manifest is complete. It must have the status “Signed-Completed."
Determine how to submit the corrected data to the e-Manifest system. You can enter the data directly into e-Manifest or upload a file with data corrections to the system.
Include for each correction submission:
- The Manifest Tracking Number and date received by the facility associated with the data being corrected,
- The Item Number(s) of the affected data fields on the manifest form (EPA Form 8700-22), and
- The previously entered and corrected data.
Save your corrections. The manifest’s status will change to “Under Correction."
Re-sign the manifest to certify the corrections. The manifest’s status will change to “Corrected."

Manifest correction FAQs

Check out some top questions and answers about post-receipt manifest corrections.

What manifest information can I correct?

The type of waste handler your facility is determines which items on the manifest you can change for voluntary corrections or must change for mandatory corrections. Typically:

Generators correct data in Items 1–15;
Transporters correct data in Items 6–7, 14, and 17; and
TSDFs correct data in Items 14 and 18–20.

What user role do I need on RCRAInfo to submit manifest corrections?

You must be registered in RCRAInfo as a user with the e-Manifest Certifier or Site Manager role for the facility’s site to submit manifest corrections.

What’s the CROMERR certification?

EPA requires manifest correction submitters to use a CROMERR-compliant electronic signature, which requires a higher level of identity proofing than the Quick Sign signature.

Can I revert to a previous manifest version?

Once the corrected manifest has been signed, you can’t revert it to a previous version. The e-Manifest system does, however, let you view all versions of the manifest.

Can brokers sign corrected manifests?

Although brokers can initiate a manifest correction for generators, they may not sign a corrected manifest unless they (a) operate at the generator’s facility and (b) can sign the manifest as an offeror of the waste shipment.

Key to remember: EPA’s Third Rule updates the process for making data corrections to RCRA hazardous waste manifests.

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2025-04-01T05:00:00Z

The cost of cutting corners: What a toxic fire teaches us about waste management

Are you storing and disposing of hazardous waste correctly or sitting on disaster? Hazardous waste storage is not just a regulatory headache – it is a time bomb for the environment and your company’s bottom line. A disaster in east London, England, is an ongoing issue for nearby residents that highlights the importance of hazardous waste management and why employers must take it seriously.

What happened?

Originally intended for construction waste disposal, the site eventually turned into a dumping ground for hazardous industrial materials. Investigations found plastics, asbestos, industrial chemicals, and carcinogenic substances illegally dumped, creating an environmental and public health hazard. These materials fuel the fires, continuously releasing toxic smoke into the air. Residents have reported respiratory problems, skin irritation, and other health issues while authorities struggle to contain the situation. Even though this incident occurred in London, we can learn plenty of valuable lessons from the incident. Here’s how employers can take proactive measures to ensure compliance, protect workers, and prevent environmental harm:

1. Implement a robust hazardous waste management plan

A hazardous waste management plan should:

Include waste classifications (reactive, corrosive, etc.) and an inventory of all hazardous materials used and generated.
Ensure all storage and handling procedures, including labeling, segregation of incompatible waste, spill prevention, and containment measures, are followed.
Document all waste accumulation and disposal methods. Specify the storage time limits for waste and the methods used for its disposal, such as incineration, recycling, or third-party handling.
Provide information on personal protective equipment (PPE) requirements, emergency contact information, reporting procedures, and an evacuation plan in case of a spill.

2. Train employees on hazardous waste handling

Train personnel on their roles and responsibilities when handling hazardous waste. Training should include:

Initial and refresher training that complies with the Resource Conservation and Recovery Act (RCRA) and state laws.
Identifying unsafe practices and reporting potential violations.

3. Conduct routine inspections and audits

Perform internal audits to ensure compliance with RCRA regulations.
Schedule third-party audits to identify risks and areas of improvement.
Create a corrective action plan for any violations or inefficiencies discovered during audits.

4. Use licensed and certified waste disposal services

The primary reason behind illegal waste dumping is financial. We all know it is not cheap to dispose of hazardous waste, but waste generators are responsible for their waste from “cradle to grave.”

Conduct due diligence to verify disposal methods to prevent third-party illegal dumping.
Maintain records of manifest, disposal certificate, and compliance documentation.

5. Secure and label waste properly

Labels should include “hazardous waste” clearly visible on the container, generator information, accumulation start date, proper shipping name, and waste identification.
Store hazardous waste in compatible containers to prevent leaks or spills.

6. Reduce hazardous waste by using safer alternatives

One of the most effective ways to prevent hazardous waste incidents is to reduce reliance on them in the first place. By switching to safer alternatives, employers can lower their risk of exposure. Industries now offer eco-friendly coatings, adhesives, and cleaning agents that perform well without all the side effects. Safer alternatives also reduce compliance costs by lowering the burdens for hazardous waste disposal.

The disaster near London is a stark reminder of the consequences of negligent hazardous waste management. Businesses that cut corners on waste disposal risk legal penalties and contribute to long-term environmental and public health damage.  

Keys to remember: Employers can protect their workforce, comply with regulations, and prevent environmental disasters by adopting proactive waste management strategies.

2025-03-25T05:00:00Z

Congress disapproves EPA's excess methane fees on oil, gas facilities

A joint Congressional resolution disapproved the 2024 Final Waste Emissions Charge (WEC) Rule on oil and gas facilities with high methane emissions. The Environmental Protection Agency (EPA) announced that the regulation, which initially took effect on January 17, 2025, is now no longer in effect.

Who’s impacted?

The WEC rule applied to facilities in the Petroleum and Natural Gas Systems category that:

Report emitting more than 25,000 metric tons of carbon dioxide equivalent per year to the Greenhouse Gas Reporting Program (or GHGRP),
Exceed specific waste emissions thresholds, and
Qualify for no exemptions.

Facilities that were subject to the rule are no longer required to comply (i.e., submit WEC filings by September 2, 2025).

What’s next?

EPA stated it’s “currently evaluating options and obligations for implementing Clean Air Act Section 136(c–g) and will provide additional information to the regulated community at an appropriate time."

Section 136, added by the Inflation Reduction Act of 2022, mandates that EPA implement a methane reduction incentive program for petroleum and natural gas systems, including imposing and collecting a WEC on methane emissions above waste emissions limits.

The disapproval occurred on March 14, 2025, just two days after the agency announced 31 deregulatory actions it plans to take.

Key to remember: EPA’s Waste Emissions Charge on petroleum and natural gas facilities for excess methane is no longer in effect.

2025-03-19T05:00:00Z

EPA announces major regulatory reviews, overhauls

The Environmental Protection Agency (EPA) announced on March 12, 2025, that it’s taking 31 actions to advance President Trump’s Day One executive orders and the new “Powering the Great American Comeback” Initiative. The agency’s actions will likely impact environmental regulations across various industries.

Rules under review

EPA will reconsider an assortment of rulemakings, including:

The Clean Power Plan 2.0 (which sets carbon dioxide emission limits on new gas-fired combustion turbines and emissions guidelines for existing coal, oil, and gas-fired steam generating units),
Oil and gas emission limits for new and existing sources (40 CFR Part 60 Subparts OOOOb and OOOOc),
The Greenhouse Gas (GHG) Reporting Program (GHGRP) for petroleum and natural gas systems (Part 98 Subpart W),
The GHGRP overall (Part 98),
Mercury Air Toxics Standards for coal- and oil-fired power plants (Part 63 Subpart UUUUU),
Effluent limitation guidelines (ELGs) for the steam electric power generating industry (Part 423),
Treated wastewater use and discharge for coal-fired power plants (Part 435 Subpart E),
The Risk Management Program rule (Part 68),
Vehicle GHG rules (including the light-, medium-, and heavy-duty vehicle regulations),
The 2009 Endangerment Finding (relied on for seven federal vehicle rules) and related regulations and actions (Chapter I),
The Technology Transition Rule for refrigerant systems (Part 84 Subpart B),
The National Ambient Air Quality Standards for fine particulate matter (Parts 50, 53, and 58),
The National Emission Standards for Hazardous Air Pollutants (Part 63) for:
- Iron and steel manufacturing,
- Rubber tire manufacturing,
- Synthetic organic chemical manufacturing,
- Commercial sterilizers for medical devices and spices,
- Lime manufacturing,
- Coke ovens,
- Copper smelting, and
- Taconite ore processing.
The Exceptional Events rulemaking related to allowing prescribed fires within State Implementation Plans (Parts 50–51),
The Regional Haze Program implementing regulations (51.308), and
The Good Neighbor Plan (Parts 52, 75, 78, and 97).

The agency will also take other actions, such as:

Working with the U.S. Army Corps of Engineers to finalize the definition of “waters of the United States” related to Clean Water Act permits,
Updating enforcement discretion by revising the National Enforcement and Compliance Initiatives, and
Prioritizing the coal ash program to expedite state permit reviews and update the coal ash regulations (including amending the Legacy Coal Combustion Residuals Surface Impoundments and CCR Management Units rule).

About EPA’s new initiative

In February 2025, the agency announced the Powering the Great American Comeback Initiative, which outlines EPA’s priorities. The initiative consists of five pillars:

Clean air, land, and water;
Restore energy dominance;
Permitting reforms, cooperative federalism, and cross-agency partnership;
Make the U.S. the artificial intelligence capital of the world; and
Protect and bring back American auto jobs.

EPA’s 31 actions will primarily address the first three pillars.

Key to remember: EPA will reconsider major rulemakings that may impact a variety of industries.

2025-03-17T05:00:00Z

Lessons from blast: CSB video explores gas detection and emergency plans

Another riveting video is posted by the Chemical Safety and Hazard Investigation Board (CSB)! The animated video covers a massive explosion at a Texas machine shop. Two workers and a member of the public were killed. Over 450 neighboring homes/businesses were damaged.

Video supports investigative report

The 14-minute video, “No Detection: Explosion …,” follows a June 2023 investigation report. When the 56-page report came out, CSB Chairperson Steve Owens said, “Our investigation found that [the company] did not have an effective program in place to assess potential hazards in its propylene process and did not have a mechanical integrity program or written operating procedures.”

The incident was compounded by emergency planning failures, says CSB. Owens argued, “This tragic incident was made even worse due to the lack of emergency response training for employees at the facility.”

Deadly incident

CSB explains that a degraded and poorly crimped rubber welding hose disconnected from its fitting inside a coating booth. That prompted a release of propylene, a flammable vapor.

By the time workers arrived at the facility the early morning of January 24, 2020, an explosive concentration of propylene had formed inside the building. As workers entered and turned on the lights, the vapor ignited, triggering an explosion. It:

Killed two workers,
Injured two other workers,
Fatally injured a nearby resident, and
Damaged hundreds of structures.

The board’s investigation later found that the company had:

Disconnected gas detectors from a computer control system. This meant the automatic gas detection shutoff system would not alert operators to a leak. It also would not start up exhaust fans or trigger two shutoff valves to stop the flow of propylene.
Replaced a copper tubing connection with a rubber welding hose. Rubber hose is not recommended for propylene. Oils in the gas can cause a rubber hose to form cracks and lose pliability.

OSHA citations before/after the incident

OSHA cited the company 12 years earlier for failing to inspect gas system equipment for signs of deterioration or leaks. The 2008 OSHA visit was prompted by another explosion of propylene gas.

Following the later 2020 incident, OSHA issued citations for failing to:

Provide effective training on chemical hazards,
Prevent explosive concentrations from accumulating,
Ensure coating equipment was maintained gas-tight, and
Ensure the manual shutoff valve at the propylene storage tank was closed at the end of each workday.

Safety issues found by CSB

CSB explains that the shop’s propylene amount was below the threshold for OSHA’s Process Safety Management (PSM) standard at 29 CFR 1910.119 or EPA’s Risk Management Plan (RMP) standard at 40 CFR 68. Still, the CSB investigation identified these safety issues:

PSM — Had the company had an effective PSM program to identify and control hazards, it could have prevented the incident. Suggested PSM program elements included process safety information, process hazard analysis, management of change, mechanical integrity, and operating procedures.
Emergency planning — The company’s emergency response plan did not address responding to a propylene gas leak. The company also failed to train its workers to recognize or respond to a propylene gas release. Hence, workers did not evacuate from the area after suspecting a propylene leak nor contact responders for help.

Owens concludes that the deadly incident could have been mitigated if the company had implemented an effective PSM system for the hazards of its coating operation. Even if a leak occurred, Owens believes an emergency response plan could have prevented the tragic loss of life.

OSHA chemical emergency preparedness may include an emergency action plan and/or an emergency response plan.

Lessons for industry

To prevent chemical incidents, CSB urges you to:

Ensure the safety of workers who handle hazardous chemicals (and protect surrounding communities). This is regardless of whether or not the chemicals meet the threshold under PSM and RMP standards.
Ensure gas detection, alarm, exhaust, and shutdown systems are adequately designed, maintained, inspected, and tested. The idea is to ensure reliability if your facility handles hazardous chemicals.
Ensure a written emergency response plan is implemented. Also, ensure that it adequately addresses all actions to be taken in a release. Workers too need to be trained in the plan and participate in periodic drills.

Have questions about chemical safety or emergency planning? Pose them to our J. J. Keller^® experts! Visit our Expert Help page today!

CSB videos are recognized

The latest video comes after the board received a “Silver Play Button” award. The CSB’s video channel boasts 364K subscribers and nearly 100 safety videos. The channel has had over 65M combined views since 2007. What’s more, CSB claims that the chemical industry itself and engineering schools use the videos for chemical safety training.

Key to remember

A new CSB video covers the 2020 massive explosion at a Texas machine shop. The board urges you to implement PSM systems even if not required. CSB also presses you to ensure that workers are trained in emergency response plans.

2025-03-14T05:00:00Z

Expert Insights: A case study in particulate matter control

During a recent discussion about the persistent challenges of maintaining air quality standards within heavy industrial operations, one colleague in the field shared about a large Midwestern industrial facility that faced allegations of significant Clean Air Act violations. Our casual lunch meeting turned into a case study on uncontrolled emissions of particulate matter (PM).

Case details

An investigation identified the facility’s clinker cooler and raw mill operations as primary sources of excess PM. Monitoring data revealed the facility consistently exceeded permitted emission limits, suggesting systemic deficiencies in pollution control systems. Further inspection pointed to potential inadequate maintenance and operation of existing baghouse filters, a critical technology for capturing airborne particles. The facility also appeared to struggle with fugitive dust emissions from material handling and storage areas, indicating a need for improved dust suppression measures.

Proactive management

The case clarifies the importance of rigorous, proactive environmental management within heavy industrial operations. To prevent similar violations, facilities should prioritize comprehensive monitoring and reporting. Continuous emission monitoring systems provide real-time data, enabling early detection of deviations from permitted limits. Regular inspections and preventative maintenance of pollution control equipment are essential. This includes ensuring baghouse filters operate within their design parameters and promptly replacing damaged or worn components.

Additionally, robust fugitive dust control plans are vital. They should address all potential sources of fugitive dust, encompassing material handling, storage, and transport. Implementing strategies such as water spraying, enclosure of conveyors, and optimized material stockpiling can significantly reduce emissions.

Beyond technology

Beyond technology, a strong environmental compliance culture is crucial. It involves employee training on environmental regulations, operational procedures, and the importance of adhering to pollution control measures. Regular audits and internal assessments can help identify potential weaknesses and ensure ongoing compliance.

Industrial facilities can minimize their environmental impact and avoid costly enforcement actions by focusing on:

Proactive monitoring,
Rigorous maintenance, and
A strong compliance culture.

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EHS Monthly Round Up - May 2025

In this May 2025 roundup video, we'll review the most impactful environmental health and safety news.

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

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

2025-05-27T05:00:00Z

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2025-06-05T05:00:00Z

Agency again delays submission deadline for TSCA Section 8(d) health and safety data

What’s required?

The TSCA Section 8(d) Health and Safety Data Reporting rule (40 CFR Part 716) requires manufacturers (including importers) of 16 chemicals to report data from:

Unpublished health and safety studies; and
Unpublished studies on environmental effects and occupational, general population, and consumer exposure.

The covered chemicals include:

4,4-Methylene bis(2-chloraniline),
4-tert-octylphenol(4-(1,1,3,3-Tetramethylbutyl)-phenol),
Acetaldehyde,
Acrylonitrile,
Benzenamine,
Benzene,
Bisphenol A,
Ethylbenzene,
Hydrogen fluoride,

N-(1,3-Dimethylbutyl)-N’-phenyl-p-phenylenediamine (6PPD),
2-anilino-5-[(4-methylpentan-2-yl) amino]cyclohexa-2,5-diene-1,4-dione (6PPD-quinone),
Naphthalene,
Styrene,
Tribomomethane (Bromoform),
Triglycidyl isocyanurate, and
Vinyl chloride.

Who’s covered?

The rule applies to manufacturers in the North American Industrial Classification System (NAICS) codes for chemical manufacturing (NAICS code 325) and petroleum refineries (NAICS code 324110) that:

Currently manufacture (including import) a covered chemical, or
Manufactured (including imported) or proposed to manufacture (including import) a covered chemical within the past 10 years.

How do you report?

Key to remember: Manufacturers now have even more time to submit TSCA Section 8(d) health and safety data reports for 16 chemical substances.

2025-02-19T06:00:00Z

The regulatory state of PFAS: Stay alert to state rules

Over the past few years, federal environmental regulations have targeted a specific group of chemicals: per- and polyfluoroalkyl substances (PFAS). However, the Environmental Protection Agency (EPA) isn’t the only entity taking action to control PFAS; state agencies are too.

So, how should businesses respond? Stay alert to the PFAS regulations at the state level.

What are PFAS?

PFAS, called “forever chemicals,” are long-lasting manufactured chemicals that may pose risks to human and environmental health. With thousands of PFAS chemicals, however, controlling their use to reduce the risks is no easy task.

Additionally, PFAS appear in nearly every sector. They’re used in a wide range of products (like food packaging, cleaning products, and textiles) and for commercial and industrial applications.

Current state PFAS actions

Multiple states already have PFAS rules on the books. Check out these examples:

California bans selling or distributing in commerce any new juvenile product that contains regulated PFAS chemicals (CA HSC Section 108946), such as changing pads, motor vehicle child restraint systems, playpens, and strollers.
Colorado requires manufacturers of cookware with intentionally added PFAS in the handle or any product surface that contacts food to, among other things, list the presence of PFAS on the product label (House Bill 22-1345).
Hawaii prohibits manufacturing, selling, offering for sale, and distributing for sale or use food packaging — wraps, liners, plates, food boats, and pizza boxes — with intentionally added PFAS (Act 152 Relating to environmental protection).
Maryland bans manufacturing, selling, and delivering cosmetic products that contain any of 13 specified PFAS (Md. Code, Health-Gen. Section 21-259.2).
New York forbids selling or offering for sale new apparel with intentionally added PFAS (N.Y. Consolidated Laws Section 37-0121).

Many states also have proposed PFAS rules under consideration.

Stay alert to state PFAS actions

If your facility uses PFAS, it’s essential to know whether the state has regulations that apply to your operations. Plus, knowing the state’s potential future PFAS rules coming down the pipeline can help you better prepare to comply.

Consider these general tips to support your facility’s efforts to track state PFAS actions:

EPA provides an online list of the state environmental agencies with links to their websites. Check the state environmental agency’s online news and press releases for policy updates.
Search for a dedicated rulemaking webpage, as many states maintain a list of proposed and recently adopted regulations. Note that some state sites may be easier to navigate than others, and some state sites may not have a dedicated rulemaking webpage.
Establish a contact at the state environmental agency. Each agency should list contact information, so don’t hesitate to reach out. You may be able to find someone at the agency who can answer questions about the state’s current and future PFAS rules.

Staying alert to state PFAS regulations can help your organization maintain compliance.

Key to remember: States across the country continue to consider and implement regulations related to PFAS. Staying alert to state PFAS actions is key for businesses to stay compliant.

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.

2023-04-06T05:00:00Z

Giving truck drivers rights to your restrooms

OSHA requires employers to provide all workers with immediately available and sanitary restroom or toilet facilities. But does this include truckers and delivery drivers that stop at your facilities? The sanitation standards (1910.141, 1926.51, and 1928.110) are meant to protect all workers from adverse health effects from unsanitary toilets facilities, or the unavailability of facilities when needed.

Proposed legislation

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

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

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

Your restroom availability affects their health

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

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

Keys to remember

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

Most Popular Highlights In Transportation

2025-05-22T05:00:00Z

USDOT issues roadside English language test

In response to a directive from the Trump administration, the U.S. Department of Transportation has issued a new enforcement policy aimed at ensuring commercial truck and bus drivers are able to read and speak English.

The internal policy, issued May 20, 2025, is now in effect. It includes guidance for how roadside enforcement personnel should enforce the English language proficiency requirements in 49 CFR 391.11(b)(2).

Two-part assessment

The policy advises officers to begin all roadside inspections in English. If it seems the driver may not understand the officer’s initial instructions, the officer is directed to conduct a two-part assessment to evaluate the driver’s compliance with the English language standard.

The first step is a driver interview, though details of the interview process were redacted from the public version of the policy. The policy says drivers should not use tools to facilitate communication during the interview, such as interpreters or smart-phone applications.

The policy directs officers to cite drivers for a violation if they cannot pass the interview portion of the assessment.

Step two in the assessment is evaluating whether the driver can recognize common highway traffic signs. The policy contains images of signs officers can use for this part of the test, but those too are redacted from the public version of the policy.

‘Out of service’ as of June 25

If a driver fails the test, the policy says the officer should:

Cite the driver for a violation of 391.11(b)(2);
Document evidence to support the violation, including the driver’s responses or lack thereof;
Beginning June 25, place the driver out of service (June 25 is when the violation will be added to the North American Standard Out-of-Service Criteria, as previously announced by the Commercial Vehicle Safety Alliance); and
When warranted, initiate an action to disqualify the driver from operating commercial motor vehicles in interstate commerce.

Drivers who are placed out of service won’t be allowed to drive until they can meet the English language requirements.

The policy applies to all federal enforcement personnel who perform inspections on drivers engaged in interstate commerce. Its effect on state-level enforcement remains unclear for now.

According to the policy, drivers in a commercial zone along the U.S.-Mexico border may be cited but should not be placed out of service.

The regulation

The Federal Motor Carrier Safety Regulations state that commercial drivers must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”

The new policy replaces a 2016 policy that ordered inspectors not to place drivers out of service for violating the language requirement.

2025-05-29T05:00:00Z

Rule changes may spell savings for drivers, motor carriers

A series of proposed rule changes from the Federal Motor Carrier Safety Administration (FMCSA) could result in less work and cost for drivers and motor carriers alike.

The agency released a whopping 18 proposals in one day, taking aim at a broad range of requirements related to electronic logs, railroad crossings, violation reporting, vehicle parts, and more.

Though the proposed changes are relatively minor, they may represent the first salvo in the new administration’s deregulatory efforts.

The proposals were due to be published on May 30, 2025, and the FMCSA is accepting public comments on them until late July.

How would they help?

The following is a summary of how the proposed changes, if finalized, would ease burdens on commercial drivers and motor carriers:

ELD manuals: Drivers would no longer need to carry a user manual (either paper or electronic) for their electronic logging device (ELD). This violation alone was cited over 3,660 times last year. Other ELD-related documents would still be required, however, such as malfunction and transfer instructions and blank logs.

Railroad crossings: Bus drivers and those hauling certain hazardous materials would no longer need to stop before crossing a railroad track equipped with an active warning device (i.e., lights or gates), as long as the device is not activated.

Accident recording/reporting: Motor carriers would no longer need to record information about accidents where the only medical treatment that occurred involved imaging (such as x-rays or CT scans) or a prescription but no treatment for diagnosed injuries or other medical interventions directly related to the accident.

Inspections

Motor carriers would only need to complete and return roadside inspection reports to the issuing state agency if that agency requests them (though the forms must still be retained for 12 months). Currently, 49 CFR 396.9 requires that all such reports be returned within 15 days.
Though already allowed under 390.32, the rules would explicitly allow drivers and motor carriers to use electronic drivers’ vehicle inspection reports (DVIRs).

CDLs

Commercial driver’s license (CDL) holders would no longer need to self-report motor vehicle violations to their state licensing agency, as currently required under 383.31.
Dual-status military technicians, regardless of whether they’re members of either the Reserves or the National Guard, would qualify for the military exemption from needing a CDL, which also means being exempt from entry-level driver training and drug/alcohol testing.

Parts and accessories

Drivers would no longer be required to carry spare fuses. The FMCSA says today’s vehicles don’t commonly suffer from blown fuses.
Motor carriers would no longer need to ensure that their vehicles’ rear-impact guards have a permanent certification marking from the manufacturer.
Tractors would no longer need a working rear license-plate lamp while pulling a trailer.
It would no longer be a violation to use fuel tanks that can be filled beyond 95 percent of their capacity. Modern liquid-fuel tanks have vented caps that can safely accommodate a 100-percent fill, the FMCSA says.
Drivers and motor carriers would no longer need to worry about being cited if their tire sidewalls are not marked with a maximum load rating. It’s up to tire manufacturers to determine if and when such markings are required.
Drivers would be allowed to use small gravity- or siphon-fed auxiliary fuel pumps mounted on the trailer, as long as their tank capacity is less than 5 gallons and they’re not used for operating the vehicle or while the vehicle is moving. This would be a new exception to the current prohibition in 393.65(d).
It would no longer be a violation to operate portable conveyors used in the aggregate industry without having brakes acting on all wheels, as long as the conveyor was manufactured before 2010 and the towing vehicle is large enough.

Other changes

The FMCSA issued a few other final or proposed changes that will have limited impact:

Liquid-burning flares will no longer be an option. Drivers will need to use solid-fuel flares or reflective triangles to warn other motorists of a stopped vehicle.
The agency plans to remove the requirement that motor carriers retrofit pre-1994 trailers with reflective tape or reflectors, saying the requirement is no longer necessary given the passage of time.
The FMCSA intends to remove an obsolete grandfathering provision related to an old vision waiver study program.
The agency will remove all references to “water carriers” in its regulations, since the FMCSA does not regulate such carriers. The agency says the term was carried over from when its predecessor agencies regulated water carriers.
The regulations no longer say that motor carriers can be fined for violating Part 40 (the DOT drug/alcohol testing rules) since the FMCSA only has authority to issue fines for its own rules under Part 382.
Some old routing regulations in Part 356 have been eliminated. The FMCSA says it’s not authorized to impose routing limitations when granting operating authority to U.S.-domiciled carriers, making the regulations both “unlawful and obsolete.”

Take action

Though you can’t take advantage of the changes until they’re finalized (probably later this year), you can help sway whether the changes actually take place. You can go online to submit comments about any of the FMCSA’s active proposals, at www.regulations.gov. Just look for the latest dockets from the FMCSA.

Key to remember: The FMCSA has issued a wide variety of proposed rule changes that could save time and money for both motor carriers and drivers.

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!

2023-02-21T06:00:00Z

Understanding special permits

Special permits in the Hazardous Materials Regulations (HMR) provide carriers an opportunity to transport or offer a hazardous material in a manner not allowed by the HMR. Follow along to better understand what makes these special permits special.

Background

Many years ago, the Pipeline and Hazardous Materials Safety Administration (PHMSA) determined that in some situations a hazardous material may be transported safely even when not in compliance with the HMR, and as a result created an exemption program. Over the years, people confused the words “exemption” and “exception,” which prompted regulators to change “exemption” to “special permit.”

Special permits can be issued for numerous reasons and generally provide relief from specific requirements or allow functions not permitted by the HMR. Special permits are only good for two years unless renewed. Hazmat special permits are normally requested to:

Authorize the use of alternative packaging or packaging orientation for hazardous materials,
Allow hazmat to be shipped or transported in ways otherwise prohibited,
Modify or expand the scope of an existing special permit, or
Extend the use of the current special permit.

Obtaining a special permit

A special permit can be requested by submitting an application to PHMSA that meets the requirements of 49 CFR 107, Subpart B. The application must include evidence that the special permit will achieve the same safety level as the HMR or is consistent with the public interest. Submission of applications can be done by:

Fax: (202) 366-3753 or (202) 366-3308;
E-mail: specialpermits@dot.gov; or
Online: http://www.phmsa.dot.gov/hazmat/regs/sp-a.

If a special permit is granted, compliance with its requirements is the responsibility of the applicant. A packaging that is authorized for use under a special permit must be marked with “DOT-SP” followed by the special permit number. The shipping paper associated with a special permit must also have the notation “DOT-SP” followed by the special permit number, listed on it near the description to which it applies.

Periodically PHMSA will incorporate special permits into the HMR. The special permits that are incorporated into the HMR are ones that are widely used and have a proven safety record. All the requirements of the special permit must be met for it to be valid. Additionally, not everyone is automatically authorized to use a special permit without having to apply for party status.

Key to remember: Special permits allow hazmat shippers and motor carriers to create new or alternative methods for shipping hazmat.

2025-06-05T05:00:00Z

Q&A excellence: The driver-trainer’s guide to preparedness

Student questions, if handled correctly, can enhance your training session by helping you reinforce or expand on the lesson you are presenting.

In order to effectively use these questions as learning tools during a driver training session, you need to be thoroughly prepared and listen carefully.

Preparation

As all driver trainers are well aware, preparation is an important aspect when it comes to having a successful training session.

This includes being ready for the questions that may be asked.

Anticipate the types of questions your drivers may ask. If you have conducted previous training sessions on the topic, you should have a good idea of the types of questions that could be posed.

If you haven’t conducted this type of training before:

Make a list of the questions you had when you first learned about the subject; and
Put yourself in your drivers’ shoes - make note of the difficult or challenging areas of the subject that they may question.

Also prepare for those questions that are related to the topic but seldom asked.

Remember, the more preparation you put into potential questions, the fewer times your drivers will be able to “stump the professor.”

Listen then repeat

Make sure you give your undivided attention to the individual who is asking a question.

Before answering, repeat the question in your own words. This serves three purposes.

It allows all who are in the room to clearly hear the question.
It helps you make sure you understand the question.
It gives you a few seconds to collect your thoughts and prepare your answer.

Difficult questions

No matter how much you prepare, there will always be instances when you do not have an answer to a question. If you cannot answer a question, be honest. Explain that you do not have an answer but will find it.

If there is time during a break in training and the question is easy to research, find the answer and share it with the class after the break.

When the question is one that will take a great deal of research or there isn’t time during the training session to find the answer, assure your students that you will research it and get back to them with the answer. Then make sure you do get back to them with an answer in a timely manner.

Jumping ahead

If a question is asked regarding a subject you will cover later in the session, acknowledge the question, and explain that the subject will be covered later in the session.

Once you have covered the subject, ask the driver who posed the question if their question was answered.

Key to remember: Effective handling of student questions can add value to your training session.

2025-06-05T05:00:00Z

‘Braking’ down CVSA’s Safety Week

This year’s Brake Safety Week is set for August 24-30, meaning it’s time to make sure your vehicles and drivers are inspection ready!

The Commercial Vehicle Safety Alliance (CVSA) hosts this week-long inspection and compliance enforcement event each year to offer brake-safety awareness and to collect important brake-related data.

Brake safety focus

This year, inspectors will focus on drums and rotors. Brake drum and rotor issues can have a serious negative impact on a vehicle’s brake efficiency. There’s the possibility that broken pieces of drums and rotors can become dislodged from the vehicle enroute and damage other vehicles or lead to injuries or fatalities to the public.

The inspections

CVSA-certified inspectors will perform routine inspections on commercial vehicles from August 24-30 with a special focus on brake components and systems. Some jurisdictions will also use performance-based brake testers (PBBT) to help assess a vehicle’s braking performance.

If an inspector finds any commercial vehicle with brake-related out-of-service violations, that vehicle will be removed from roads until the violations are corrected.

Bringing awareness

Brake Safety Week helps remind drivers and motor carriers to keep up with proactive vehicle maintenance and safety procedures. Law enforcement use this opportunity to highlight the importance of brake safety and to offer some educational outreach.

To help prepare for this year’s Brake Safety Week event, the CVSA recommends:

Learning about the different vehicle components checked during inspection, and
Viewing the inspection procedure to know what to expect at https://www.cvsa.org/programs/operation-airbrake/operation-airbrake-inspection-procedure/.

A flyer with eight brake drum and rotor tips is also available at https://www.cvsa.org/programs/operation-airbrake/focus-area/.

Most Popular Highlights In Human Resources

2023-09-06T05:00:00Z

Appellate court sided with employee's (almost) 3-year-delayed FMLA claim

Back in October 2018, Laffon had a medical emergency and needed some time off under the federal Family and Medical Leave Act (FMLA).

Her leave lasted until November 15. Ten days after she returned to work, on November 26, her employer terminated her.

She sued, arguing that the employer retaliated against her because of her FMLA leave.

The catch? She didn't bring the suit until almost three years later.

No link between leave and termination

In court, the employer argued that there was no causal link between Laffon taking FMLA leave and her termination. Although the court documents aren't robust, they do reveal that the employer indicated that Laffon's allegations didn't show that her taking FMLA leave was a factor in the decision to terminate her. The documents showed only that the termination chronologically followed her leave.

The court agreed with the employer. It also agreed that Laffon failed to allege a willful violation of the FMLA, which would allow her to benefit from the FMLA's three-year statute of limitations.

Laffon appealed the case to the Ninth Circuit.

Statute of limitations

Under the FMLA, employees have two years from the date of the last event constituting the alleged violation for which they can bring a claim.

Those two years are extended to three years if the employer's actions were "willful." This means that an employee must show that the employer either knew or showed reckless disregard for whether its conduct violated the FMLA.

Ruling overturned

Fast forward to August 2023, when the Ninth Circuit reversed the lower court's decision. It indicated that, based on Laffon's amended complaint and liberally construing the law, her allegations establish that her leave was causally connected to her termination and that the employer's action (her termination) was willful.

Glymph v. CT Corporation Systems, No. 22-35735, Ninth Circuit Court of Appeals, August 22, 2023.

Key to remember: Terminating an employee soon after returning from FMLA leave is risky, unless there is a clear, well-documented, non-leave-related reason. Case documents did not show such a clear reason, which can also increase the risk of a willful finding. Employees have time to file claims, even years.

2025-06-03T05:00:00Z

Does a ‘ban-the-address’ law make hiring fairer?

Asking job candidates probing questions about where they live is never a smart idea. In the city of Spokane, Washington, it’s an ordinance violation.

In late April, Spokane became the first city in the nation to pass a “ban-the-address” ordinance. It took effect on May 25.

The ordinance amends the city’s fair chance hiring or “ban-the-box” law, which prohibits employers from asking about an applicant’s criminal history on job applications. The “box” refers to the checkbox that asks, “Have you ever been convicted of a crime?”

Ordinance aims to help the unhoused

The intent of “ban the address” is to discourage discrimination against otherwise qualified job candidates who are unhoused (i.e., homeless). A Spokane city council member who sponsored the ordinance told reporters that its passage “represents a major step forward, providing hope, dignity, and opportunity to workers who have faced challenges due to not having a permanent residence.”

The ban-the-address ordinance doesn’t prohibit employers from giving applicants the opportunity to provide a mailing address or other means of contacting them on an application or as part of the application process.

What the ordinance does prohibit is requiring an applicant to provide an address or residence history until after granting a provisional employment offer. Employers should also refrain from asking on a job application or in an interview about the applicant’s housing status. For example, interviewers shouldn't ask “why do you have a P.O. box?” or “why are you using this address?”

Employers that violate the ordinance—by asking questions about an applicant’s address or housing status before a conditional job offer—can face civil fines. The initial fine for a violation is up to $261.

Exceptions to the ordinance

The ordinance makes an exception for cases in which an individual’s housing status has “bona fide and legitimate relation” to the primary duties of the job. The exception also applies if a federal, state, or local law requires address information for a specific job (e.g., security clearance, licensing, or residency-based eligibility).

The Spokane ordinance also says that employers shall not “reject or disqualify an applicant solely because the individual does not have a fixed or regular residence, or because the individual is homeless or unhoused, or because the individual lives on the street, in a shelter, or in a temporary residence.”

Something for all employers to consider

While only employers in the city of Spokane are directly affected by this ordinance, employers anywhere struggling to fill positions might want to consider placing less emphasis on where job applicants live. Asking for an applicant’s address can unintentionally reveal socioeconomic status, housing insecurity, or even race and ethnicity (due to residential segregation). Avoiding questions about address may reduce unconscious bias and level the playing field for all applicants.

Key to remember: Spokane, Washington is the first city in the nation to have a ban-the-address ordinance. The purpose of this ordinance is to prohibit employers from discriminating against job applicants based on the address they provide during the application process. The scenario the ordinance aims to eliminate is one where an otherwise qualified job candidate is discriminated against because they find themselves homeless due to circumstances unrelated to their ability to do the job. 

2022-06-17T05:00:00Z

Help! An employee wants to bring an emotional support animal to work

The Americans with Disabilities Act (ADA) has many parts. Some of the provisions apply to employers and some apply to public places, such as restaurants and movie theaters. For employers, employees may request to bring a service dog or an emotional support animal into work. Your response would be the same for either type of animal. Both are requests for a workplace change and, as long as the change is based on a medical condition, your ADA obligations are triggered.

For public accommodations (restaurants, etc.), patrons must be allowed to have a service animal, but not emotional support animals. Service animals are not pets. They are defined as animals that have been individually trained to do work or perform tasks for the benefit of a person with a disability, also known as the animal’s handler. Only dogs and miniature horses are considered service animals under the public accommodation provisions of the ADA.

Emotional support animals, which can also be pets, can provide aid to a person with a disability, but do not perform a specific task or duty, as they are not trained to do so. Emotional support animals, therefore, do not meet the definition of a service animal. Obedience training alone is not enough to make it a service animal.

For employers, however, neither service animal nor emotional support animal is defined. A request to bring an emotional support animal into the workplace as an accommodation usually falls under the category of modifying a workplace policy, assuming you have a no-animal policy.

What would you do?

So, if Joe Employee were to ask to bring in his emotional support squirrel, what do you do?

Treat the request as you would any accommodation request. You would do the same if Joe asked to bring in a service dog. Look at the particulars of the situation, including the employee’s job, the work environment, and so forth. Talk to the employee. This is all part of the ADA’s interactive process.

Assuming it’s possible to modify the no-animal policy, you may (but are not required to) ask for medical documentation if the disability and need for accommodation are not obvious or already verified. You have to consider only those accommodations that are needed because of a disability. Documentation might include a detailed description of how the animal would help the employee in performing job tasks and how the animal is trained to behave in the workplace.

Once the need for accommodation is established, the next step is to talk with the employee about whether the animal is trained to be in a work environment and if it will be under the employee’s control at all times. You do not have to provide any accommodation that poses an undue hardship. One factor in determining undue hardship is whether the accommodation will be unduly disruptive to other employees or to the ability to conduct business.

Finally, possibly the best way to determine whether to permit the employee to bring an animal to work is to allow it on a trial basis and see if it works. You might want to make a written agreement with the employee that there will be a trial period, how long it will last, and what factors might end the trial period early. If, for example, the animal shows any sign of aggression or if the employee cannot keep the animal quiet or under control, you will immediately end the trial period and deny the request.

If you do not have a no-animal policy and allow other employees to bring in animals, then you should allow employees with disabilities to bring in animals without going through the accommodation process.

2025-06-05T05:00:00Z

FMLA 101: What employers must know about certifications

The federal Family and Medical Leave Act (FMLA) has been a challenge for employers for decades. Employers aren’t the only ones who have juggled tasks under the law, which was enacted in 1993. Employees also have some work on their part before they take FMLA leave.

When employees request leave under the FMLA, employers may ask that employees have what’s called a certification (often referred to as “paperwork”) completed. Employers often give employees a certification form along with the required eligibility/rights and responsibilities notice.

Health care providers are usually the ones who complete certifications, but other entities, such as the military, might do so depending on the leave reason. The information in the form should support employees’ need for leave and give employers what they need to determine if the reason for leave qualifies for FMLA protection.

When

After employees receive a certification request, they have at least 15 calendar days to get it completed and returned to the employer. If, however, employees can’t meet that 15-day deadline despite their good-faith efforts, employers must be flexible.

If employees don’t meet the 15-day deadline without a good reason, employers may delay FMLA protections after the 15-day deadline has passed and until employees give them a certification.

Who

Not everyone may complete an FMLA certification. For medical leave, only certain health care providers can complete a certification. These include:

Doctors of Medicine or osteopathy,
Podiatrists,
Dentists,
Clinical psychologists,
Optometrists,
Chiropractors,
Nurse practitioners,
Nurse-midwives,
Clinical social workers,
Physician assistants, and
Christian Science Practitioners.

Importantly, any health care provider from whom employers or their group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits will also suffice.

What (information)

The information in the certification should include whether the employee or family member has an FMLA serious health condition. The second page has a checklist that health care providers can use to indicate this.

Employers may not require that a certification include a diagnosis. Doctors might include related medical information, but only if they see fit to do so.

A certification should also tell the employer when to expect the employee to take leave.

Keep it confidential

Certifications often include quite a bit of medical information. Under the FMLA, employers must keep such information confidential and separate from the general personnel file(s).

Employers may share medical information in only three exceptions:

They may tell supervisors and managers about necessary work restrictions and necessary accommodations.
They may tell first aid and safety personnel (when appropriate) if the employee's physical or medical condition might require emergency treatment.
They must give government officials investigating compliance with FMLA (or other pertinent law) relevant information upon request.

Key to remember: Certifications are often at the heart of FMLA leave administration as they contain relevant information employers need to determine if an absence qualifies for FMLA protections.

2023-07-06T05:00:00Z

Commonly asked questions about forklift licensure and certification

Are your forklift operators certified? Do they need a state driver’s license? Are they physically able to operate forklifts? All are commonly asked questions — so, let’s make sure you're compliant.

The intent of the standard

OSHA’s powered industrial truck (PIT) standard (29 CFR 1910.178) is intended to ensure the safe use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The standard outlines requirements for operational permits and certification.

And, though not specified in the standard itself, PIT operators must be at least 18 years old per federal child labor regulations.

License and certification Q&A

The OSHA PIT standard clearly defines requirements for training and certification. However, some licensing and certification information isn’t as clear. Here are some clarifications:

Q: Who can train, evaluate, and certify PIT operators?

A: OSHA requires in 1910.178(l)(2)(iii) that, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.” The OSHA standard doesn’t further define this requirement or set any specific or additional certifications.

Q: Does OSHA require PIT operators to have a valid driver's license?

A: Federal OSHA has no requirement that a forklift operator has a valid motor vehicle driver's license. Some states are more stringent, so check your local and state requirements to confirm.

Q: Does OSHA have regulations that impact an employee’s ability to operate PITs if they’ve received a DUI or suspended license?

A: Because OSHA doesn't require a valid motor vehicle driver's license, the status of that license doesn’t impact PIT operator permitting. Individual states or the employer may have policies that dictate otherwise.

Q: Are PIT drivers required to have their license on them when they are working?

A: Federal OSHA doesn’t require PIT operators to have a license or permit. However, some states such as Michigan do require this. Typically, in states that require a permit or license, the license must be “readily available.” Companies have the option to require the permit or license be carried with the operator.

Q: Are operators required to be trained on each manufacture of PIT model?

A: A June 15, 1999, OSHA letter of interpretation (LOI) clarifies that operators are to be trained and evaluated in the safe operation for the type of truck they’ll be assigned. Operators wouldn’t need additional training for same truck types but would need additional training when truck- or workplace-related training topics are different.

Q: Do PIT operators need to be recertified if they move from one state to another with the same company?

A: In an LOI dated October 1, 1999, OSHA states, "As long as the employer has a reasonable basis to believe that the third-party trainer is qualified and has a program that meets the requirements of the standard, it can rely on that trainer to conduct the training and evaluation of employees and can certify that these employees have been trained. However, the employer may need to provide additional training on site-specific or truck-specific matters." This shouldn’t require retraining for the same type of forklift as already certified; however, workplace conditions or other factors of the new work location may require training for forklift operation in the other state(s).

Interested in information on how material handler training can help forklift operators? See our Compliance Network article "To improve forklift safety, train material handlers."

Operator Impairments

In addition to being properly trained and evaluated, OSHA expects employers to ensure physical capabilities. OSHA references the American National Standards Institute (ANSI) Standard B56.1-1969. Section 6 clarifies that, “Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."

Employers should consider OSHA PIT regulations and the General Duty Clause, ANSI standards, and the Americans with Disabilities Act (ADA) requirements when evaluating physical qualifications. In short, if a worker demonstrates the visual, auditory, and mental ability to safely operate PITs, he or she is permitted to operate them.

Keys to Remember

OSHA requires employers ensure the safe use of forklifts and other powered industrial vehicles. Employers must ensure operators have the knowledge, skills, and physical ability to safely operate PITs.

2023-01-12T06:00:00Z

Performance review timing and FMLA leave

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

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

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

Delaying a review

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

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

What the regulations say

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

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

Avoiding a negative factor

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

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

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

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

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

Most Popular Highlights In Safety & Health

2023-08-07T05:00:00Z

Want to provide forklift training in-house? No problem, here’s how!

Training forklift operators is an OSHA requirement per 1910.178(l). Do you want to do it in house? If you said yes, follow this step-by-step guide.

It all starts with a competent trainer. OSHA’s view is that all operator training and evaluation must be conducted by persons who have the “knowledge, training, and experience” to train operators and evaluate their competence. The standard doesn’t go into any more detail. It’s up to the employer to ensure trainers meet these general qualifications, but OSHA has no requirements for trainers to take certain classes, hold any sort of certifications, or be re-certified as trainers at specified intervals.

Need more information on OSHA’s Forklift Standard? See our ezExplanation on Powered Industrial Trucks.

The only aspect that OSHA has clarified is that the trainer does need to have experience operating the equipment and attachments. However, the standard doesn’t require that the trainers operate a forklift regularly (that is, outside of their operator training duties) as part of their job function or responsibility.

#1 Start here

First, OSHA requires that all operators must be trained prior to being allowed to operate forklifts. And the same thing goes for pallet trucks, order pickers, and stand-up units…. Any powered type of material handling equipment requires training.

But what does training entail? Well, the OSHA regulations are very specific. All operators must receive a combination of training. Training must consist of formal training, which is a lecture, discussion, interactive computer learning, video tape, written material, and so on.

They must also receive practical training, which means demonstrations performed by the trainer and practical exercises performed by the trainee.

And the third component is that operators must receive a performance evaluation. So, they must operate the equipment and be observed and evaluated before being considered trained per the OSHA standard.

Usually, you’ll introduce the concepts during the classroom portion of training, the more informational aspects, such as the OSHA requirements. Then you’ll use the practical part of training to familiarize trainees with controls, talk about load handling, and so on. With the practical part, it’s usually best to ramp up the training, meaning start with simple skills and then build on those.

#2 Train on these topics

Aside from requirements for how to do the training, OSHA gives us a detailed list of topics to cover during the training.

The main categories are truck-related and workplace-related topics. And remember that OSHA does require you to include information on OSHA’s forklift standard as part of the training program. This requirement can be easy to overlook, but a good way to approach it is in the classroom portion of the program.

Keep in mind that if a topic doesn’t apply to your trucks or workplace, you don’t have to train on it. For example, if you don’t have any ramps or hazardous (classified) locations in your facility, your forklift operators don’t need training on these topics.

Truck-related topics include the following:

Operation instruction, warnings
Differences between forklift and automobile
Controls, instrumentation
Engine, motor operation
Steering
Visibility, restrictions
Fork, attachment operation
Capacity
Stability
Inspection, maintenance
Refueling, recharging
Operating limitations
Operator’s manual instructions, precautions

Workplace-related topics are examples like these:

Surfaces
Load composition
Load handling
Pedestrians
Narrow, restricted areas
Hazardous (classified) locations
Ramps
Poor ventilation
Other hazards

#3 Determine success

The trainees must successfully complete the formal and practical instruction, but how you determine success is up to you. For the classroom portion, you could give a written or oral test or otherwise evaluate the trainees’ knowledge. For the practical training, the trainee must be able to safely perform all the operations used on the job.

#4 End here

An evaluation of the operator’s performance in the workplace must be conducted at the time of initial training. And an evaluation is required to determine the effectiveness of any refresher training.

Also, you must conduct an evaluation at least every three years. This means that at least once every three years every operator must be observed while they operate in the workplace under actual workplace conditions. During the evaluation, the operator must also be able to answer pertinent questions to demonstrate they have the knowledge to operate the forklift safely.

A key point to note here, this evaluation must be more than just a written or verbal test. The employer must observe the operator in action performing all typical tasks related to running the forklift. And, going back to where we started, the evaluation must be conducted by someone who has the knowledge, training, and experience to evaluate the truck operator’s competence.

Document the evaluation — this means placing a record in your training file that includes the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.

Action item

This may be a good time for you to review your options for training forklift operators to ensure they’re meeting these guidelines. And, it’s always a great idea to have all your training procedures in written format for consistency.

Key to remember

Training forklift operators is an OSHA requirement. Follow this step-by-step guide and you can do it in-house.

2025-06-02T05:00:00Z

Employee fired for not reporting safety concern

Several years ago, a court found that an employee’s failure to report a safety concern could be a factor in his termination. The employee knew he was facing termination for other reasons, so he kept photos of a serious safety issue for more than a month, thinking the photos provided him “job security.” Unfortunately, his delay in reporting worked against him. He was fired the day after getting approved for medical leave under the Family and Medical Leave Act (FMLA).

The employee, Brandon, had received years of counseling for inappropriate behavior in the workplace. One day, after he repeatedly interrupted a safety meeting, he received a disciplinary warning. The plant manager explained that “the problem was not with [Brandon’s] concerns for safety,” but rather the inappropriate way he confronted his colleagues. The manager warned that Brandon would be terminated if he had another confrontation with a coworker.

Job security failure

That evening, Brandon texted his supervisor to report a potentially fatal safety risk created by another coworker and provided photos of the incident. He had taken the photos a month previously, but did not immediately report the issue. In fact, after taking the pictures, he allegedly boasted to a coworker that he was holding on to them for “job security.”

When Brandon got fired less than two weeks later, his month-long delay in reporting a serious safety issue was one of the factors cited, along with his behavioral problems. In addition, the employee who Brandon had told about the photos was admonished for not relaying the concern sooner. And of course, the employee who caused the safety issue was counseled on avoiding future risks (the court documents did not describe the nature of the safety issue).

This situation became a court case because Brandon sued for wrongful termination relating to his request for leave under the FMLA. He claimed that he was fired for attempting to exercise his FMLA rights, but in the words of the court, he was fired “for failure to reform his behavior and to report the safety concern timely.” Although the FMLA does allow employees to take job-protected leave and prohibits retaliation for exercising those rights, it does not grant employees protection from termination for misconduct or other legitimate workplace concerns.

For related information, see our article, Can you fire someone who got injured? Yes, if you do it correctly.

Not retaliation

This case presents an interesting outcome, since employees can be protected from termination or retaliation for reporting a safety concern. In this case, however, the employee intentionally withheld knowledge of a safety concern, knowing that he was facing disciplinary action, thinking he could play that card in the future to protect his job.

Ironically, rather than providing the “job security” that he expected, the reporting delay contributed to the company’s decision to fire him — and the court agreed that it was a justifiable reason to fire someone.

The case was Tatum v. Southern Company Services, Inc., in the Fifth Circuit Court of Appeals (No. 18-40775), with the ruling made July 22, 2019.

Key to Remember: Several federal laws prohibit retaliation against employees who exercise certain rights, but those laws do not protect employees from termination for legitimate reasons, including safety violations.

2025-05-30T05:00:00Z

Building a strong safety philosophy

Developing a strong safety philosophy is more complex than simply creating safety plans or maintaining records. While those tasks are clear-cut and measurable, fostering a safety mindset is less tangible but just as critical.

You can often recognize companies with strong safety cultures by observing their work environments—clean sites, consistent use of personal protective equipment (PPE), and engaged employees are all good indicators. But these visible signs don’t always show the effort behind them.

A solid safety philosophy is built on three core elements:

A well-written and actively used safety program,
Genuine employee buy-in, and
Ongoing support from leadership through systems that reinforce safe practices.

Start with a strong paper program

A strong paper program alone doesn’t guarantee a solid safety philosophy, but you won’t find a successful one without it. Written plans, policies, and documentation form the foundation for setting expectations, tracking progress, and defining safety goals.

Key elements to include are:

A clear mission statement with safety objectives,
Programs addressing both general and specific safety topics,
All required regulatory plans,
Detailed records of training, inspections, and incidents, and
An organized system for accessing safety documents.

Earn buy-in from people involved

Like any significant organizational change, successfully implementing a safety philosophy depends on securing full support from everyone involved.

Commitment must start at the top—executives need to lead by example to ensure supervisors and employees are fully engaged. If leadership doesn’t prioritize safety, it’s unlikely the rest of the organization will.

Impact management

Managers who understand how safety reduces incidents and downtime are more likely to support it. To gain buy-in from others focused on production or costs, speak their language—show how safety saves money, boosts quality, and improves morale.

Highlight cost savings from fewer claims, link safety to product quality, share success stories, and emphasize the benefits of public and employee relations.

When leadership sees the value, they’re more likely to support safety programs that involve all levels of staff. Engaging employees in safety committees or projects helps embed safety into the culture, especially as those employees grow into leadership roles.

Involve employees

Employees won’t truly buy into safety until they see it in action. If policies aren’t backed by training, daily enforcement, and proper resources, workers will quickly notice—and may stop taking safety seriously.

Before using discipline, ensure that employees have been adequately trained, have access to written procedures, are equipped with the necessary tools, and receive positive reinforcement for exhibiting safe behavior.

If leadership prioritizes production over safety, employees will follow suit. But when managers lead by example and consistently enforce safe practices, employees are more likely to adopt and uphold a strong safety culture.

Support people and processes

Visible management commitment and active employee involvement are key to a strong safety culture. While some safe behaviors happen naturally, effective safety programs require planning, structure, and continuous effort.

Support this culture through actions such as involving employees at all levels, holding safety meetings, forming safety committees, collecting suggestions, and providing training tailored to real job-site needs.

These efforts require management to provide training, time, and funding. A lasting safety philosophy is built through teamwork, consistent support, and shared responsibility across the organization.

Key to Remember

A strong safety philosophy isn’t just written—it’s lived. It starts with clear policies, grows through visible leadership commitment, and thrives when every employee is involved and empowered. When safety becomes part of how work gets done, not just something added on, your company builds a culture that protects people and drives lasting success.

2025-06-02T05:00:00Z

OSHA attributes worker electrocution to contractor’s expired tools and training failures

Despite modern safety protocols, electrocution remains one of the leading causes of death in the construction industry. Why do these tragedies keep happening? Employers need to be held accountable.

OSHA has found a local electrical contractor could have prevented a 44-year-old foreman’s death by electrocution. The incident took place during storm recovery efforts.

Investigators learned the foreman was part of the three-person crew that was tasked with restoring distribution power to a series of natural gas pumps. While trying to replace a broken switch, the foreman suffered fatal electrocution from voltage in energized overhead power lines. OSHA inspectors later learned the switch was energized when the incident occurred.

“Electrical work is inherently dangerous, and industry employers must ensure basic safety standards are met to prevent a needless tragedy like this,” said the OSHA Area Director from Birmingham, Alabama. “Now family, friends and co-workers are left to grieve this terrible loss.”

Several violations identified

OSHA investigators determined the company exposed employees to electrical hazards, when investigators found the employer:

Permitted use of expired electrical protective equipment.
Neglected to ensure workers’ ability to recognize and address electrical hazards before work began.
Failed to supervise workers and conduct inspections on an annual basis.
Did not provide adequate briefings on job hazards, work procedures involved, special precautions, energy-source controls and personal protective equipment required.
Allowed live-line tools for work on live power lines that should have been removed from service every two years.
Let workers using tools within nine inches of an energized cutout switch and attempting to work on a broken cutout switch without ensuring that all equipment was properly de-energized as required by safety regulations.
Failed to ensure equipment was de-energized.

In addition, OSHA found that the employer failed to inspect the worksite to identify possible hazards, before employees conducted repairs and maintenance in overhead power lines.

OSHA issued the employer eight citations and proposed nearly $85,000 in penalties.

Key to remember: Electrical hazards are one of the deadliest hazards found on construction sites. Prevent worker fatalities by adhering to the OSHA compliance requirements.

2023-03-15T05:00:00Z

Common questions on tornado safety

Although tornadoes can occur at any time, the “tornado season” generally runs from March through June, with May typically having the most storms. Although OSHA’s regulations do not specifically mention tornadoes, OSHA does require an Emergency Action Plan under 1910.38. The plan must include procedures for reporting fires or other emergencies (such as severe weather).

Below are some questions our experts commonly get regarding tornadoes.

Does OSHA require an alarm? Generally, yes, unless the workplace has 10 or fewer employees per 1910.165. Employers must provide a way to communicate an emergency in a manner that notifies employees of the expected response. A fire alarm typically warns employees to evacuate to a headcount location. If the nature of the emergency requires a different response (such as proceeding to a tornado shelter), employees must recognize the alarm and understand the appropriate response.

Does OSHA require annual drills? OSHA does not require drills, but does require annual testing of alarms under 1910.165. In addition, 1910.38 requires that employees understand their responsibilities under the Emergency Action Plan. Conducting annual fire evacuation drills is common, and your insurance company may require them. However, many employers do not conduct annual tornado drills because employees would typically proceed to the nearest shelter, which may not allow for a headcount. Still, annual alarm testing can let employees know what it sounds like, and employers can deliver reminders on shelter locations at that time.

Does OSHA require tornado shelters? No, OSHA does not specifically require tornado shelters, but does list recommendations from other agencies regarding preferred shelter areas. If a building lacks an ideal location, employers should identify the best potential shelter areas. Employers might also check with their insurance company about building shelter areas. Typically, employees should:

Seek a small interior room or hallway on the lowest floor possible;
Stay away from doors, windows, and outside walls;
Stay in the center of the room and avoid corners because they attract debris;
Choose rooms constructed with reinforced concrete, brick, or block with no windows and a heavy concrete floor or roof system overhead;
Avoid cafeterias or other open areas that have flat, wide-span roofs.

What about remote or traveling employees? Many employees work remotely, travel for business, or even report to off-site locations (such as construction sites). These employees cannot rely on an alarm and should monitor the weather in their area. They should also know how to protect themselves, whether driving, working from home, or working outdoors.

Other safety tips

Tornado safety involves three phases: Preparing in advance, Staying safe during the storm, and Staying safe after the storm.

Employees should prepare a plan and an emergency kit, monitor weather conditions during thunderstorms, and know the best places to shelter wherever they work.

Employers should prepare a business continuity plan for dealing with the aftermath, from cleaning up the site to resuming business operations.

During a tornado warning, employees should remain in a shelter until given an all-clear signal. At a fixed worksite, this may come from an employer announcement. At other locations, employees may need to monitor conditions on their phone or radio.

After the storm, employees may need a way to communicate if they are trapped or injured. They should also watch for hazards such as downed power lines, gas leaks, building damage, or debris.

Key to remember: Tornadoes can happen at any time, but Spring is most active, and employers should prepare to protect workers.

2025-06-04T05:00:00Z

Welding fumes: What are welders breathing in?

A study performed by the National Institutes of Health found that employment as a welder was associated with a 16% increased risk of lung cancer and a 78% increased risk of mesothelioma compared to non-welding occupations. The same study also found welders had a 40% greater risk of bladder cancer, a 30% greater risk of kidney cancer, and elevated risks of stomach and brain cancer. Welders often normalize the presence of smoke and odor in their workplace, assuming it is just “part of the job,” but as they suggest, the consequences are real. The good news is that these outcomes are completely preventable. With the right controls in place, welders can do their jobs without having to sacrifice their health in the process. Even the minor changes mentioned later can have a massive impact over time.

What are welding fumes?

Welding fumes are a mixture of metallic oxides, silicates, and fluorides generated when metals are heated above their melting point. As the vaporized metal cools, it condenses into a particulate matter that becomes airborne and easily inhaled. The content of the fumes depends on factors such as the type of welding process, base and filler metals used, gases, and any surface coatings present. For example, welding stainless steel can release hexavalent chromium, a well-known carcinogen. Even brief exposure can cause dizziness, respiratory irritation, and nausea. Over time, the health effects become more severe and include chronic bronchitis, neurological disorders, metal fume fever, and an increased risk of lung cancer. Other substances are manganese (linked to neurological damage like Parkinson’s), nickel and cadmium (both related to cancer and respiratory issues), and gases like ozone and nitrogen oxides (severely irritate lung tissue).

Controlling exposure

Controlling exposure to welding fumes should follow OSHA’s hierarchy of controls: Elimination or Substitution – using lower emission welding rods, choosing welding methods that produce fewer fumes like TIG, and cleaning surfaces of paints or coatings before welding.
Engineering Controls – installing local exhaust ventilation is the gold standard, but you can also use portable fume extractors and welding booths with fume arms when mobility is needed. Adequate ventilation in the welding areas also prevents other workers from being exposed.
Administrative controls – rotating tasks to reduce exposure duration, scheduling high fume work when fewer workers are present, and maintaining clean areas to prevent build-up.
Personal Protective Equipment (PPE) – Using powered air-purifying respirators for high-risk jobs or wearing a properly rated welding helmet and respirator combo. Workers should be trained to check, wear, and maintain their PPE frequently.

Monitoring and compliance

You cannot manage what you do not know, so monitoring air quality in welding areas is crucial. Air sampling should be conducted regularly to measure exposure levels against OSHA and ACGIH limits, especially when welding stainless steel, galvanized metal, or working in confined spaces. Hiring an industrial hygienist or using real-time monitoring equipment ensures that employers are compliant and actively protecting their workers. In summary, welding is hazardous, but exposure to toxic fumes does not have to be part of the job. Employers can significantly reduce the risk of occupational illnesses by recognizing what is in the air, implementing layered safety controls, and consistently monitoring work environments.

Keys to remember: Welding fumes are a serious short and long term health risk, but they are entirely avoidable with the right controls.

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