NHTSA Final Rule: Federal Motor Vehicle Safety Standards; Child Restraint Systems, Child Restraint Anchorage Systems, Incorporation by Reference

NHTSA Final Rule: Federal Motor Vehicle Safety Standards; Child Restraint Systems, Child Restraint Anchorage Systems, Incorporation by Reference

2025-01-07T06:00:00Z

This final rule amends Federal Motor Vehicle Safety Standard (FMVSS) No. 225; Child restraint systems, and FMVSS No. 213b; Child restraint systems, to improve ease-of-use of the lower and tether anchorages, improve correct use of child restraint systems in vehicles, and maintain or improve the correct use and effectiveness of child restraint systems (CRSs) in motor vehicles. This final rule fulfills a mandate of the Moving Ahead for Progress in the 21st Century Act (MAP-21) requiring that NHTSA improve the ease-of-use for lower anchorages and tethers in all rear seat positions.

DATES:

Effective date: March 20, 2025.

IBR date: The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register beginning March 10, 2025.

Compliance date: This final rule adopts a 3-year phase-in period to comply with the updated requirements in FMVSS No. 225. The phase-in begins on September 1, 2028, and requires that 20 percent of a manufacturer's applicable vehicles produced from September 1, 2028, to August 31, 2029, comply with the updated FMVSS No. 225, followed by 50 percent from September 1, 2029, to August 31, 2030, and 100 percent on and after September 1, 2030. Early compliance is permitted.

Reconsideration date: If you wish to petition for reconsideration of this rule, your petition must be received by February 21, 2025.

Published in the Federal Register January 7, 2025, page 1288.

View final rule.

§571.5 Matter incorporated by reference.
(k)(10)-(11)	Added	View text
§571.213b Child restraint systems; Mandatory applicability beginning December 5, 2026.
S5.5.2(j)	Revised	View text
S5.6.1.13 and S5.6.1.14	Added	View text
S5.9(a) through (c)	Revised	View text
Figures 15 and 16	Added	View text
§571.225 Child restraint anchorage systems.
S4.2	Revised	View text
S4.3-S4.6	Redesignated, revised	View text
S5 and S6	Revised	View text
S8 introductory text and S8.1 introductory text	Revised	View text
S8.2	Removed and reserved	View text
S9 introductory text, S9.1.1(d) and S9.2	Revised	View text
S9.2.4 and S9.2.5	Added	View text
S9.5	Revised	View text
S11, S12, and S13	Revised	View text
S14, S15, and S16	Removed	View text
Figures 8, 9, 10, and 19	Revised	View text
Figure 11	Removed and reserved	View text
Figures 23 through 28	Added	View text

New Text

§571.213b Child restraint systems; Mandatory applicability beginning December 5, 2026.

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S5.5.2(j) In the case of each child restraint system equipped with a tether strap the statement: Secure the tether strap provided with this child restraint.

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S5.9 Attachment to child restraint anchorage system. (a) Each add-on child restraint system other than a car bed, harness, or belt-positioning seat shall have components permanently attached to the system that enable the restraint to be securely fastened to the lower anchorages of the child restraint anchorage system specified in Standard No. 225 (§571.225) and depicted in NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA-213-2021, (March 2023) (incorporated by reference, see §571.5). The components must be attached to the add-on child restraint by use of a tool, such as a screwdriver. In the case of rear-facing child restraints with detachable bases, only the base is required to have the components. All components provided to attach the add-on child restraint or the detachable base (in the case of a rear-facing child restraint with a detachable base) to the lower anchorages of the child restraint anchorage system shall be permanently marked with the pictogram in figure 15 to this section.

(b) In the case of each child restraint system that has components for attaching the system to a tether anchorage, those components shall include a tether hook that conforms to the configuration and geometry specified in figure 11 to this section. The tether hook or the tether strap shall be permanently marked with either pictogram shown in figure 16 to this section. If the mark is on the tether strap or on a tag attached to the tether strap, the mark must be located within 25 mm of the tether hardware assembly (which consists of a tether hook and a webbing tightening mechanism designed to tighten or loosen the tether strap).

(c) In the case of each child restraint system that has components, including belt webbing, for attaching the system to an anchorage of a child restraint anchorage system (lower anchorage or tether anchorage), the belt webbing shall be adjustable so that the child restraint can be tightly attached to the vehicle. The length of the tether hardware assembly, which consists of a tether hook and a mechanism designed to tighten and loosen the tether strap, shall not exceed 165 mm.

§571.225 Child restraint anchorage systems.

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S4.2 Vehicles shall be equipped as specified in paragraphs S4.2(a) through (c), except as provided in S5 of this standard.

(a) Each vehicle with three or more forward-facing rear designated seating positions shall be equipped as specified in S4.2(a)(1) and (2).

(1) Each vehicle shall be equipped with a child restraint anchorage system conforming to the requirements of S6 and S9 of this standard at not fewer than two forward-facing rear designated seating positions. At least one of the child restraint anchorage systems shall be installed at a forward-facing seating position in the second row in each vehicle that has three or more rows, if such a forward-facing seating position is available in that row.

(2) Each vehicle shall be equipped with a tether anchorage conforming to the requirements of S6 of this standard at a third forward-facing rear designated seating position. The tether anchorage of a child restraint anchorage system may count towards the third required tether anchorage. In each vehicle with a forward-facing rear designated seating position other than an outboard designated seating position, at least one tether anchorage (with or without the lower anchorages of a child restraint anchorage system) shall be at such a designated seating position.

(b) Each vehicle with not more than two forward-facing rear designated seating positions shall be equipped with a child restraint anchorage system conforming to the requirements of S6 and S9 of this standard at each forward-facing rear designated seating position.

(c) Each vehicle without any forward-facing rear designated seating position shall be equipped with a tether anchorage conforming to the requirements of S6 of this standard at each forward-facing front passenger designated seating position.

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S4.3 Movable seats. (a) A vehicle that is equipped with a forward-facing rear designated seating position that can be moved such that it is capable of being used at either an outboard or non-outboard forward-facing designated seating position shall be considered as having a forward-facing non-outboard designated seating position. Such a movable seat must be equipped with a tether anchorage that meets the requirements of S6 of this standard or a child restraint anchorage system that meets the requirements of S6 and S9 of this standard, if the vehicle does not have another forward-facing non-outboard designated seating position that is so equipped.

(b) Tether and lower anchorages shall be available for use at all times, except when the seating position for which it is installed is not available for use because the vehicle seat has been removed or converted to an alternate use such as allowing for the carrying of cargo.

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S5 General exceptions. Vehicles manufactured before September 1, 2031, must meet the requirements of S5.1. Vehicles manufactured on or after September 1, 2031, must meet the requirements of S5.2.

S5.1 Vehicles manufactured before September 1, 2031. (a) Convertibles and school buses are excluded from the requirements to be equipped with tether anchorages.

(b) A vehicle may be equipped with a built-in child restraint system conforming to the requirements of Standard No. 213 (§571.213) or Standard No. 213b (§571.213b) as applicable, instead of one of the required tether anchorages or child restraint anchorage systems.

(1) Each vehicle that does not have a rear designated seating position and does not have an air bag installed at front passenger designated seating positions pursuant to a temporary exemption granted by NHTSA under 49 CFR part 555, must have a child restraint anchorage system installed at a front passenger designated seating position. In the case of convertibles, the front designated passenger seating position need have only the two lower anchorages meeting the requirements of S9 of this standard.

(2) Each vehicle that has a rear designated seating position and meets the conditions in S4.5.4.1(b) of Standard No. 208 (§571.208), and does not have an air bag installed at front passenger designated seating positions pursuant to a temporary exemption granted by NHTSA under 49 CFR part 555, must have a child restraint anchorage system installed at a front passenger designated seating position in place of one of the child restraint anchorage systems that is required for the rear seat. In the case of convertibles, the front designated passenger seating position need have only the two lower anchorages meeting the requirements of S9 of this standard.

(d) A vehicle that does not have an air bag on-off switch meeting the requirements of S4.5.4 of Standard No. 208 (§571.208) shall not have any child restraint anchorage system installed at a front designated seating position.

(e) A vehicle with a rear designated seating position for which interference with transmission and/or suspension components prevents the location of the lower bars of a child restraint anchorage system anywhere within the zone described by S9.2 of this standard is excluded from the requirement to provide a child restraint anchorage system at that position. However, except as provided elsewhere in this S5, such a vehicle must have a tether anchorage at a front passenger designated seating position.

S5.2 Vehicles manufactured on or after September 1, 2031. (a) School buses are excluded from the requirements to be equipped with tether anchorages.

(b) A vehicle may be equipped with a built-in child restraint system conforming to the requirements of Standard No. 213b (§571.213b) instead of one of the required tether anchorages or child restraint anchorage systems.

(d) A vehicle that does not have an air bag on-off switch meeting the requirements of S4.5.4 of Standard No. 208 (§571.208), shall not have any child restraint anchorage system installed at a front designated seating position.

S6. Requirements for tether anchorages. Vehicles subject to Standard No. 225 (this section) shall meet the tether anchorage requirements specified in S6.1, S6.2, and S6.4 according to the phase-in schedule specified in S13 of this standard.

S6.1 Configuration of the tether anchorage.

S6.1.1 Each tether anchorage shall:

(a) Permit the attachment of a tether hook of a child restraint system meeting the configuration and geometry specified in figure 11 of Standard No. 213 (figure 11 to §571.213);

(b) Be accessible without the need for any tools other than a screwdriver or coin;

(d) Be sealed to prevent the entry of exhaust fumes into the passenger compartment.

S6.1.2 Each tether anchorage shall:

(a) Consist of a rigid bar of any cross-section shape that permits the attachment of a tether hook (of a child restraint system) meeting the configuration and geometry specified in figure 11 of Standard No. 213 (figure 11 to §571.213), except in buses with a GVWR less than or equal to 10,000 pounds and vehicles that use a routing device per S6.2.1.2;

(b) Be accessible without the need for any tools and without folding the seat back (other than the head restraint) or removing carpet or other vehicle components (other than cargo covers) to access the anchorages. Individual tether anchorages may be covered with a cap, flap, or cover, provided that any cap, flap, or, cover is specifically designed to be opened, moved aside, or to otherwise give unobstructed access to the anchorage and is labeled with the symbol shown in figure 25 to this section;

(d) Be sealed to prevent the entry of exhaust fumes into the passenger compartment.

S6.2 Location of the tether anchorage.

S6.2.1 Subject to S6.2.1.2, the part of each tether anchorage that attaches to a tether hook must be located within the shaded zone shown in figures 3 through 7 to this section of the designated seating position for which it is installed. The zone is defined with reference to the seating reference point (see §571.3). (For purposes of the figures, “H Point” is defined to mean seating reference point.) A tether anchorage may be recessed in the seat back, provided that it is not in the strap wrap-around area at the top of the vehicle seat back. For the area under the vehicle seat, the forwardmost edge of the shaded zone is defined by the torso line reference plane.

S6.2.1.1 [Reserved]

S6.2.1.2 In the case of a vehicle that—

(a) Has a user-ready tether anchorage for which no part of the shaded zone shown in Figures 3 to 7 of this standard of the designated seating position for which the anchorage is installed is accessible without removing a seating component of the vehicle; and

(b) Has a tether strap routing device that is—

(1) Not less than 65 mm behind the torso line for that seating position, in the case of a flexible routing device or a deployable routing device, measured horizontally and in a vertical longitudinal plane; or

(2) Not less than 100 mm behind the torso line for that seating position, in the case of a fixed rigid routing device, measured horizontally and in a vertical longitudinal plane, the part of that anchorage that attaches to a tether hook may, at the manufacturer's option (with said option selected prior to, or at the time of, certification of the vehicle) be located outside that zone.

(c) The measurement of the location of the flexible or deployable routing device described in S6.2.1.2(b)(1) is made with SFAD 2 properly attached to the lower anchorages. A 40 mm wide nylon tether strap is routed through the routing device and attached to the tether anchorage in accordance with the written instructions required by S12 of this standard. The forwardmost contact point between the strap and the routing device must be within the stated limit when the tether strap is flat against the top surface of the SFAD and tensioned to 55 to 65 N. In seating positions without lower anchorages of a child restraint anchorage system, the SFAD 2 is held with its central lateral plane in the central vertical longitudinal plane of the seating position. The adjustable anchor attaching bars of the SFAD 2 are replaced by spacers that end flush with the back surface of the SFAD.

S6.2.2 Subject to S6.2.2.2, the part of each tether anchorage to which a tether hook attaches must be located within the shaded zone shown in figures 3 through 7 to this section of the designated seating position for which it is installed. The zone is defined with reference to the seating reference point (see §571.3). (For purposes of the figures, “H Point” means seating reference point.) A tether anchorage may be recessed in the seat back, provided that it is not in the strap wrap-around area at the top of the vehicle seat back. For the area under the vehicle seat, the forwardmost edge of the shaded zone is defined by a vertical plane 120 mm rearward of the “H Point,” as shown in figure 3 to this section.

S6.2.2.1 Subject to S6.2.2.2, for vehicles with adjustable or removable head restraints or no head restraints, the tether anchorage to which a tether hook attaches must be located outside the zone created by a 325 mm radius sphere with its center on the R-point and truncated horizontally at 230 mm below the sphere's center as shown in figures 8 and 9 to this section.

S6.2.2.2 In the case of a vehicle that—

(a) Has a user-ready tether anchorage for which no part of the shaded zone shown in figures 4 through 7 and 10 to this section of the designated seating position for which the anchorage is installed is accessible without the need for folding the seatback (other than the head restraint) or removing a seating component of the vehicle; and

(b) Has a tether strap routing device that is—

(c) The measurement of the location of the flexible or deployable routing device described in S6.2.2.2(b)(1) is made with SFAD 2 properly attached to the lower anchorages. A 40 mm wide nylon tether strap is routed through the routing device and attached to the tether anchorage in accordance with the written instructions required by S12 of this standard. The forwardmost contact point between the strap and the routing device must be within the stated limit when the tether strap is flat against the top surface of the SFAD and tensioned to 55 to 65 N. In seating positions without lower anchorages of a child restraint anchorage system, the SFAD 2 is held with its central lateral plane in the central vertical longitudinal plane of the seating position. The adjustable anchorage attaching bars of the SFAD 2 are replaced by spacers that end flush with the back surface of the SFAD 2.

S6.3 Strength requirements for tether anchorages. (a) When tested in accordance with S8, the tether anchorage must not separate completely from the vehicle seat or seat anchorage or the structure of the vehicle.

(b) Provisions for simultaneous and sequential testing:

(1) In the case of vehicle seat assemblies equipped with more than one tether anchorage, the force referred to in this S6.3 may, at the agency's option, be applied simultaneously to each of those tether anchorages. However, that force may not be applied simultaneously to tether anchorages for any two adjacent seating positions whose midpoints are less than 400 mm apart, as measured in accordance with S6.3(b)(i) and (ii) and figure 20 to this section.

(i) The midpoint of the seating position lies in the vertical longitudinal plane that is equidistant from vertical longitudinal planes through the geometric center of each of the two lower anchorages at the seating position. For those seating positions that do not provide lower anchorages, the midpoint of the seating position lies in the vertical longitudinal plane that passes through the SgRP of the seating position.

(ii) Measure the distance between the vertical longitudinal planes passing through the midpoints of the adjacent seating positions, as measured along a line perpendicular to the planes.

(2) A tether anchorage of a particular child restraint anchorage system will not be tested with the lower anchorages of that anchorage system if one or both of those lower anchorages have been previously tested under this standard.

S6.4 Marking and conspicuity requirements for tether anchorages. Vehicles subject to Standard No. 225 (this section) shall meet S6.4 according to the phase-in schedule specified in S13 of this standard.

(a) For each tether anchorage installed pursuant to S4 of this standard, there shall be a permanent marking that:

(1) Consists of one of the pictograms shown in figure 25 to this section that is not less than 20 mm in height;

(2) Except for vehicles that use a routing device per S6.2.2.2, the center of the pictogram in the longitudinal direction must be in the vertical longitudinal plane that passes through the center of the tether anchorage bar (± half of the tether anchorage length), as shown in figure 26 (Left) to this section; or the center of the pictogram in the lateral direction must be in the horizontal lateral plane that passes through the center of the tether anchorage bar (± half of the pictogram height), as shown in figure 26 (right) to this section.

(3) The nearest edge of the marking shall be located not more than 100 mm away from the tether anchorage bar as shown in figure 27 to this section. No other attachment feature to secure occupant items (i.e., cargo hooks or similar) shall be nearer to the marking than the distance from the marking to the tether anchorage. Vehicles with routing devices per S6.2.2.2 may use tags attached to the routing device.

(b) The tether anchorage bar may be covered by a cap or cover that is removable without the use of any tool, provided that the cap or cover is permanently labeled with a marking meeting the requirements of S6.4(a)(1). If the cap or cover is permanently attached to the vehicle, the tether anchorage is not required to be separately marked. If the cap or cover is not permanently attached to the vehicle, the tether anchorage must also be marked with the symbol meeting S6.4(a)(1) through (3).

(c) For vehicles that have a cargo cover that needs to be moved or removed to access the tether anchorages, the cargo cover must be permanently marked with the symbol meeting S6.4.1(a)(1) of this standard for each tether anchorage that is accessible under the cargo cover. Tether anchorages under the cargo cover must also be marked per S6.4(a).

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S8 Test procedures. Each vehicle shall meet the requirements of S6.3 when tested according to the following procedures. * * *

S8.1 Apply the force specified in S6.3 as follows—

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S9. Requirements for the lower anchorages of the child restraint anchorage system. Vehicles subject to Standard No. 225 (this section) shall meet the lower anchorage requirements specified in S9.2 and S9.5 according to the phase-in schedule specified in S13 of this standard.

S9.1 Configuration of the lower anchorages

S9.1.1 * * *

(d) The bars must not be capable of being stowable or foldable.

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S9.2 Location of the lower anchorages.

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S9.5 Marking and conspicuity requirements.

S9.5.1 Requirements for lower anchors. Lower anchorages must meet the requirements in S9.5.1(a) or (b).

(a) For each bar installed pursuant to S4, the vehicle shall be permanently marked with a circle:

(1) That is not less than 13 mm in diameter;

(2) That is either solid or open, with or without words, symbols, or pictograms, provided that if words, symbols or pictograms are used, their meaning is explained to the consumer in writing, such as in the vehicle's owner's manual; and

(3) That is located such that its center is on each seat back between 50 and 100 mm above or on the seat cushion 100 ±25 mm forward of the intersection of the vertical transverse and horizontal longitudinal planes intersecting at the horizontal centerline of each lower anchorage, as illustrated in figure 22 to this section. The center of the circle must be in the vertical longitudinal plane that passes through the center of the bar (±25 mm).

(4) The circle may be on a tag.

(b) The vehicle shall be configured such that the following is visible: Each of the bars installed pursuant to S4, or a permanently attached guide device for each bar. The bar or guide device must be visible without the compression of the seat cushion or seat back, when the bar or device is viewed, in a vertical longitudinal plane passing through the center of the bar or guide device, along a line making an upward 30-degree angle with a horizontal plane. Seat backs are in the nominal design riding position. The bars may be covered by a removable cap or cover, provided that the cap or cover is permanently marked with words, symbols or pictograms whose meaning is explained to the consumer in written form as part of the owner's manual.

S9.5.2 Requirements for lower anchors. Lower anchorages must meet the requirements in S9.5.2(a) and (b), as applicable.

(a) For each bar installed pursuant to S4, the vehicle shall be permanently marked with a symbol that:

(1) Is not less than 13 mm in diameter;

(2) Contains the pictogram shown in figure 24 to this section; and

(3) Is located such that its center is on each seat back between 50 and 100 mm above or on the seat cushion between 100 to −50 mm forward of the intersection of the vertical transverse and horizontal longitudinal planes intersecting at the horizontal centerline of each lower anchorage, as illustrated in figure 19 to this section. The center of the symbol must be in the vertical longitudinal plane that passes through the center of the bar (±25 mm).

(4) The symbol may be on a tag.

(b) The bars may be covered by a removable cap or cover, provided that the cap or cover is permanently marked with the pictogram shown in figure 24 to this section. If the cap or cover is permanently attached to the vehicle, the lower anchorage bars are not required to be separately marked with the pictogram. If the cap or cover is not permanently attached to the vehicle, the lower anchorage bars must also be marked with the symbol meeting S9.5.2(a)(1) through (4).

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S11. Test procedures. Each vehicle shall meet the requirements of this standard when tested according to the following procedures. Where a range of values is specified, the vehicle shall be able to meet the requirements at all points within the range.

(a) Strength requirements —(1) Forward force direction. Place SFAD 2 in the vehicle seating position and attach it to the two lower anchorages of the child restraint anchorage system. Do not attach the tether anchorage. A rearward horizontal force of 135 ±15 N is applied to the center of the lower front crossbar of SFAD 2 to press the device against the seat back as the fore-aft position of the rearward extensions of the SFAD is adjusted to remove any slack or tension. Apply a preload force of 500 N horizontally and in the vertical centerline of the SFAD 2 at point X. Increase the pull force as linearly as practicable to a full force application of 11,000 N in not less than 24 seconds and not more than 30 seconds and maintain at an 11,000 N level for 1 second.

(2) Lateral force direction. Place SFAD 2 in the vehicle seating position and attach it to the two lower anchorages of the child restraint anchorage system. Do not attach the tether anchorage. A rearward force of 135 ±15 N is applied to the center of the lower front crossbar of SFAD 2 to press the device against the seat back as the fore-aft position of the rearward extensions of the SFAD is adjusted to remove any slack or tension. Apply a preload force of 500 N horizontal and perpendicular to the longitudinal centerline of the SFAD 2 at point X of the test device. Increase the pull force as linearly as practicable to a full force application of 5,000 N in not less than 24 seconds and not more than 30 seconds and maintain at a 5,000 N level for 1 second.

(b) Clearance angle. The seat back angle, if adjustable, is set at the manufacturer's nominal design seat back angle. If the position is not specified, set the seat back at the first detent rearward of 25° from the vertical. Remove or open any lower anchorage cover, if present, to expose the lower anchorage. To measure clearance angle, attach the clearance angle tool to the lower anchorage and apply a vertical force of 67 N (15 lbf) to the tool. Measure the angle (with respect to the horizontal) of the tool while the force is being applied.

(c) Anchorage depth. The seat back angle, if adjustable, is set at the manufacturer's nominal design seat back angle. If the position is not specified, set the seat back at the first detent rearward of 25° from the vertical. To measure the anchorage depth, subtract 30 degrees from the measured seat pan angle to calculate the view angle. With the anchorage depth tool ( see figure 28 to this section) on a flat surface, adjust the view bar to read the view angle. Slide the zeroing strip along the view bar so that it is barely touching the top of the depth tool hook. Move the view bar forward, so the end of the zeroing strip is aligned with the zero-scribe line. For hidden anchorages, slide the anchorage depth tool so that it reads 0 mm at the rear edge of the slider. For visible anchorages, align the depth gauge to 25 mm so that negative values can be read. Attach the depth tool centered to the lower anchorage. Adjust the depth tool base to be within ±2 degrees of the view angle (30 degrees minus seat pan angle) to set the tool-parallel to the seat pan angle. Move the entire slider bar forward until the zeroing strip contacts the vehicle seat back or any other vehicle part.

S12. Written instructions. Vehicles subject to Standard No. 225 (this section) shall meet the written instruction requirements specified in either S12.1 or S12.2 according to the phase-in schedule specified in S13.

S12.1 Written instructions shall:

(a) Indicate which seating positions in the vehicle are equipped with tether anchorages and child restraint anchorage systems;

(b) In the case of vehicles required to be marked as specified in paragraphs S4.1 and S9.5 of this standard, explain the meaning of markings provided to locate the lower anchorages of child restraint anchorage systems; and

(c) Include instructions that provide a step-by-step procedure, including diagrams, for properly attaching a child restraint system's tether strap to the tether anchorages.

S12.2 Written instructions shall:

(a) Indicate which seating positions in the vehicle are equipped with tether anchorages and child restraint anchorage systems;

(c) Include instructions that provide a step-by-step procedure, including diagrams, for properly attaching a child restraint system's tether strap to the tether anchorages;

(d) Include instructions on how to locate and access the tether anchorage and the lower anchorages; and

(e) Use the following terms when referring to the different components of the child restraint anchorage system that are used to connect the child restraint system to the vehicle: “lower anchor” means the lower anchorage of the child restraint anchorage system in the vehicle, “tether anchor” means the top tether anchorage of the child restraint anchorage system in the vehicle, “lower anchor attachment” means the child restraint system or the detachable base's (in the case of a rear-facing child restraint with a detachable base) lower anchorage connector and the lower anchorage strap (for flexible lower anchorage attachments), “rigid lower anchor attachment” means the child restraint system or the detachable base's (in the case of a rear-facing child restraint with a detachable base) lower anchorage connector that is rigidly attached to the CRS or detachable base, respectively, and does not have a lower anchorage strap, and “tether” means the child restraints system's tether hook and tether strap.

S13 Phase-in schedule. The S13 phase in schedule details when listed requirements become inactive and are replaced by newer requirements. Requirements in Standard No. 225 (this section) not listed in S13 shall be in effect before, during, and after the S13 phase-in.

S13.1 Vehicle certification information. At any time during the production years ending August 31, 2029, and August 31, 2030, each manufacturer shall, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model and vehicle identification number) that have been certified as complying with the child restraint anchorage usability requirements of this standard. Manufacturers shall specify the number of vehicles meeting each phase-in percentage. The manufacturer's designation of a vehicle as a certified vehicle is irrevocable.

S13.1.1 Pre phase-in. Vehicles manufactured before September 1, 2028, are subject to S6.1.1, S6.2.1, S9.2.1, S9.2.2, S9.2.3, S9.5.1, and S12.1 of this standard.

S13.1.2 Phase-in year 1. Vehicles manufactured on or after September 1, 2028, and before September 1, 2029. The total number of individual vehicles complying with S6.1.2, S6.2.2, S6.4, S9.2 (except for S9.2.2(a)), S9.5.2, and S12.2 of this standard shall be not less than 20 percent of a vehicle manufacturer's total production for this time period. The remaining 80 percent of a vehicle manufacturer's total production are subject to S6.1.1, S6.2.1, S9.2.1, S9.2.2, S9.2.3, S9.5.1, and S12.1 of this standard.

S13.1.3 Phase-in year 2. Vehicles manufactured on or after September 1, 2029, and before September 1, 2030. The total number of individual vehicles complying with S6.1.2, S6.2.2, S6.4, S9.2 (except for S9.2.2(a)), S9.5.2, and S12.2 of this standard shall be not less than 50 percent of a vehicle manufacturer's total production for this time period. The remaining 50 percent of a vehicle manufacturer's total production are subject to S6.1.1, S6.2.1, S9.2.1, S9.2.2, S9.2.3, S9.5.1, and S12.1 of this standard.

S13.1.4 Phase-in year 3 and beyond. Vehicles manufactured on or after September 1, 2030. The total number of vehicles complying with S6.1.2, S6.2.2, S6.4, S9.2 (except for S9.2.2(a)), S9.5.2, and S12.2 shall be not less than 100 percent of a vehicle manufacturer's total production.

S13.2 Vehicles produced by more than one manufacturer.

S13.2.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S13.1.1 through S13.1.4, a vehicle produced by more than one manufacturer shall be attributed to a single manufacturer as follows:

(a) A vehicle which is imported shall be attributed to the importer.

(b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer which markets the vehicle.

S13.2.2 A vehicle produced by more than one manufacturer shall be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR part 585, between the manufacturers so specified and the manufacturer to which the vehicle would otherwise be attributed under S13.2.1.

Figures to §571.225

* * * * *

Figure 8 to §571.225. Side View of 325 mm Radius Sphere Zone From R-Point, Truncated at 230 mm Below the Center

Figure 9 to §571.225. Three-Dimensional 325 mm Radius Sphere Zone From R-Point, Truncated Along the Lower Edge at 230 mm Below Its Center

Figure 10 to §571.225—Side View. User Ready Tether Anchorage Location

* * * *

Figure 19 to §571.225. Placement of Symbol on the Seat Back and Seat Cushion of Vehicle

DATES:

Effective date: March 20, 2025.

IBR date: The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register beginning March 10, 2025.

Reconsideration date: If you wish to petition for reconsideration of this rule, your petition must be received by February 21, 2025.

Published in the Federal Register January 7, 2025, page 1288.

View final rule.

§571.5 Matter incorporated by reference.
(k)(10)-(11)	Added	View text
§571.213b Child restraint systems; Mandatory applicability beginning December 5, 2026.
S5.5.2(j)	Revised	View text
S5.6.1.13 and S5.6.1.14	Added	View text
S5.9(a) through (c)	Revised	View text
Figures 15 and 16	Added	View text
§571.225 Child restraint anchorage systems.
S4.2	Revised	View text
S4.3-S4.6	Redesignated, revised	View text
S5 and S6	Revised	View text
S8 introductory text and S8.1 introductory text	Revised	View text
S8.2	Removed and reserved	View text
S9 introductory text, S9.1.1(d) and S9.2	Revised	View text
S9.2.4 and S9.2.5	Added	View text
S9.5	Revised	View text
S11, S12, and S13	Revised	View text
S14, S15, and S16	Removed	View text
Figures 8, 9, 10, and 19	Revised	View text
Figure 11	Removed and reserved	View text
Figures 23 through 28	Added	View text

New Text

§571.213b Child restraint systems; Mandatory applicability beginning December 5, 2026.

* * * *

S5.5.2(j) In the case of each child restraint system equipped with a tether strap the statement: Secure the tether strap provided with this child restraint.

* * * *

§571.225 Child restraint anchorage systems.

* * * *

S4.2 Vehicles shall be equipped as specified in paragraphs S4.2(a) through (c), except as provided in S5 of this standard.

(a) Each vehicle with three or more forward-facing rear designated seating positions shall be equipped as specified in S4.2(a)(1) and (2).

* * * *

S5 General exceptions. Vehicles manufactured before September 1, 2031, must meet the requirements of S5.1. Vehicles manufactured on or after September 1, 2031, must meet the requirements of S5.2.

S5.1 Vehicles manufactured before September 1, 2031. (a) Convertibles and school buses are excluded from the requirements to be equipped with tether anchorages.

S5.2 Vehicles manufactured on or after September 1, 2031. (a) School buses are excluded from the requirements to be equipped with tether anchorages.

S6.1 Configuration of the tether anchorage.

S6.1.1 Each tether anchorage shall:

(a) Permit the attachment of a tether hook of a child restraint system meeting the configuration and geometry specified in figure 11 of Standard No. 213 (figure 11 to §571.213);

(b) Be accessible without the need for any tools other than a screwdriver or coin;

(d) Be sealed to prevent the entry of exhaust fumes into the passenger compartment.

S6.1.2 Each tether anchorage shall:

(d) Be sealed to prevent the entry of exhaust fumes into the passenger compartment.

S6.2 Location of the tether anchorage.

S6.2.1.1 [Reserved]

S6.2.1.2 In the case of a vehicle that—

(b) Has a tether strap routing device that is—

S6.2.2.2 In the case of a vehicle that—

(b) Has a tether strap routing device that is—

(b) Provisions for simultaneous and sequential testing:

(ii) Measure the distance between the vertical longitudinal planes passing through the midpoints of the adjacent seating positions, as measured along a line perpendicular to the planes.

(a) For each tether anchorage installed pursuant to S4 of this standard, there shall be a permanent marking that:

(1) Consists of one of the pictograms shown in figure 25 to this section that is not less than 20 mm in height;

* * * *

S8 Test procedures. Each vehicle shall meet the requirements of S6.3 when tested according to the following procedures. * * *

S8.1 Apply the force specified in S6.3 as follows—

* * * * *

S9.1 Configuration of the lower anchorages

S9.1.1 * * *

(d) The bars must not be capable of being stowable or foldable.

* * * *

S9.2 Location of the lower anchorages.

* * * *

S9.5 Marking and conspicuity requirements.

S9.5.1 Requirements for lower anchors. Lower anchorages must meet the requirements in S9.5.1(a) or (b).

(a) For each bar installed pursuant to S4, the vehicle shall be permanently marked with a circle:

(1) That is not less than 13 mm in diameter;

(4) The circle may be on a tag.

S9.5.2 Requirements for lower anchors. Lower anchorages must meet the requirements in S9.5.2(a) and (b), as applicable.

(a) For each bar installed pursuant to S4, the vehicle shall be permanently marked with a symbol that:

(1) Is not less than 13 mm in diameter;

(2) Contains the pictogram shown in figure 24 to this section; and

(4) The symbol may be on a tag.

* * * *

S12.1 Written instructions shall:

(a) Indicate which seating positions in the vehicle are equipped with tether anchorages and child restraint anchorage systems;

(c) Include instructions that provide a step-by-step procedure, including diagrams, for properly attaching a child restraint system's tether strap to the tether anchorages.

S12.2 Written instructions shall:

(a) Indicate which seating positions in the vehicle are equipped with tether anchorages and child restraint anchorage systems;

(c) Include instructions that provide a step-by-step procedure, including diagrams, for properly attaching a child restraint system's tether strap to the tether anchorages;

(d) Include instructions on how to locate and access the tether anchorage and the lower anchorages; and

S13.1.1 Pre phase-in. Vehicles manufactured before September 1, 2028, are subject to S6.1.1, S6.2.1, S9.2.1, S9.2.2, S9.2.3, S9.5.1, and S12.1 of this standard.

S13.2 Vehicles produced by more than one manufacturer.

(a) A vehicle which is imported shall be attributed to the importer.

(b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, shall be attributed to the manufacturer which markets the vehicle.

Figures to §571.225

* * * * *

Figure 8 to §571.225. Side View of 325 mm Radius Sphere Zone From R-Point, Truncated at 230 mm Below the Center

Figure 9 to §571.225. Three-Dimensional 325 mm Radius Sphere Zone From R-Point, Truncated Along the Lower Edge at 230 mm Below Its Center

Figure 10 to §571.225—Side View. User Ready Tether Anchorage Location

* * * *

Figure 19 to §571.225. Placement of Symbol on the Seat Back and Seat Cushion of Vehicle

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Most Recent Highlights In Environmental

2025-12-02T06:00:00Z

Minnesota requires air toxics emissions reporting in 7 counties

Effective date: October 6, 2025

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

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

View related state info: Clean air operating permits — Minnesota

2025-12-02T06:00:00Z

Maine designates currently unavoidable uses of PFAS

Effective date: October 7, 2025

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

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

2025-12-02T06:00:00Z

Vermont updates drinking water rules

Effective date: January 1, 2026

This applies to: Public water systems

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

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

2025-12-02T06:00:00Z

Utah adds emission units, source categories to air permit exemptions

Effective date: November 5, 2025

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

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

New emission units added include:

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

New source categories added include:

Dry cleaners, and
Automotive refinishing sources.

View related state info: Clean air operating permits — Utah

2025-12-02T06:00:00Z

Ohio amends composting requirements

Effective date: December 1, 2025

This applies to: Owners and operators of composting facilities

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

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

Most Recent Highlights In Transportation

2025-12-02T06:00:00Z

Washington amends Clean Vehicles Program

Effective date: November 16, 2025

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

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

2025-12-02T06:00:00Z

Indiana adopts permanent underground carbon sequestration regulations

Effective date: October 1, 2025

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

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

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

2025-12-02T06:00:00Z

Louisiana requires state forms for Title V permittees

Effective date: November 20, 2025

This applies to: Title V permit holders

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

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

View related state info: Clean air operating permits — Louisiana

2025-12-02T06:00:00Z

California adopts emergency vehicle emissions regulations

Effective date: October 2, 2025

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

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

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

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

The regulation applies until litigation is resolved.

Regulated entities may follow either:

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

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

2025-12-02T06:00:00Z

Ohio extends expiration of Permit to Install

Effective date: November 13, 2025

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

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

View related state info: Industrial water permitting — Ohio

Most Recent Highlights In Safety & Health

2025-12-02T06:00:00Z

Florida allows reciprocity for water system operator licensing

Effective date: November 6, 2025

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

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

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

2025-12-02T06:00:00Z

Louisiana adds aerosol cans to universal waste program

Effective date: November 20, 2025

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

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

View related state info: Universal waste — Louisiana

2025-12-02T06:00:00Z

Pennsylvania reissues NPDES General Permit for mining

Effective date: March 28, 2026

This applies to: Mining operations with stormwater discharges

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

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

View related state info: Industrial water permitting — Pennsylvania

2025-11-25T06:00:00Z

Annual HFC report: First submissions due March 2026

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

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

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

Who reports?

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

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

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

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

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

What’s reported?

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

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

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

Further, sector-specific standards apply.

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

How’s the report submitted?

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

About the 2023 Technology Transitions Rule

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

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

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

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

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

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

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

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

2025-11-25T06:00:00Z

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

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

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

Who’s impacted by the rule?

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

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

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

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

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

What’s changing in Part 370?

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

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

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

When will the changes take effect?

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

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

Key to remember

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

Most Recent Highlights In Human Resources

2025-11-24T06:00:00Z

Avoiding costly mistakes: The most common RCRA hazardous waste violations

If your facility generates hazardous waste, compliance with the Resource Conservation and Recovery Act (RCRA) is not optional. Yet many businesses overlook key requirements, leading to violations that can cost thousands in fines and damage their reputation. Understanding the most common mistakes and how to prevent them can keep your operations safe and compliant.

The most frequent violations according to EPA

One of the most common errors is failing to determine whether a waste is hazardous. Businesses often assume leftover chemicals, contaminated rags, or spent filters are non-hazardous without testing or applying EPA criteria. Misclassification leads to improper storage and disposal, which can escalate into multiple violations.

Container management is another frequent problem. Inspectors often find containers without the required “Hazardous Waste” label or missing the accumulation start date. Some containers are left open or improperly sealed, allowing leaks or vapors to escape. These issues are easy to fix but often overlooked in busy facilities.

Weekly inspections are mandatory for central accumulation areas, yet many companies skip them or fail to document them correctly. Missing dates, signatures, or inspection logs can result in citations even if the area is otherwise compliant.

Employee training is another weak spot. Large Quantity Generators must train staff on handling hazardous waste and emergency procedures and keep records of that training. Training should be job specific including emergency response specific to the facility. When training is incomplete or undocumented, it counts as a violation even if employees know what to do.

Improper disposal is a serious and costly mistake. Pouring hazardous waste down drains, tossing it in regular trash, or shipping it without a manifest violates federal law. These actions can lead to severe penalties and, in some cases, criminal liability.

Other common issues include exceeding accumulation time limits, 90 days for large quantity generators and 180 days for small quantity generators, without obtaining a permit. Facilities also forget to maintain a valid EPA identification number or fail to update contingency plans and emergency contact information.

How to stay compliant

Start with a thorough waste determination. Identify all materials that could be hazardous and classify them correctly and keep a record of the waste determination. Review container labeling and make sure every container is closed, dated, and marked “Hazardous Waste.” Establish a routine for weekly inspections and keep detailed records.

Invest in employee training and refresh it regularly. Document every session and keep those records accessible. Monitor accumulation times and set reminders to move waste before deadlines. Always use the Uniform Hazardous Waste Manifest when shipping waste off-site, and verify that your transporter and disposal facility are authorized.

Finally, maintain your EPA site ID number and update your contingency plan. Make sure emergency equipment is available, and local responders have your contact information.

Key to Remember: RCRA compliance is detailed, but most violations stem from simple oversights such as open containers, missing labels, skipped inspections, or forgotten paperwork. By building strong procedures and training your team, you can avoid costly mistakes and keep your facility safe and compliant.

2025-11-21T06:00:00Z

Expert Insights: Connecting environmental compliance and employee safety

Environmental compliance and workplace safety are often treated as separate priorities, but they’re deeply connected. A strong environmental compliance program doesn’t just protect the environment; it also significantly improves safety outcomes, reduces risks, and safeguards employees.

Why environmental compliance matters for safety

Environmental compliance means following laws and regulations designed to prevent pollution and protect natural resources. These rules often overlap with occupational safety standards because environmental hazards such as chemical spills, air emissions, and improper waste handling can directly harm workers.

For example:

Chemical spills can create slippery surfaces, leading to falls and injuries.
Air emissions from volatile chemicals can cause respiratory illnesses or even explosions if vapors accumulate.
Improper waste storage can result in fires or toxic exposure.

The Environmental Protection Agency (EPA) focuses on preventing environmental contamination, while the Occupational Safety and Health Administration (OSHA) ensures safe working conditions. Ignoring environmental requirements can lead to unsafe conditions like toxic exposure, fire hazards, and respiratory risks.

How tracking spills reduced slips

A few years ago, I worked with a manufacturing facility that had recurring slip incidents near the chemical storage area. Initially, they were treated as isolated safety issues. The facility added cautionary signs, but the problem persisted.

After talking with the safety officer, I noticed a pattern. Since these near-miss spills occur inside a building, they typically aren’t reportable from an environmental compliance standpoint. These small drips during drum transfers or hose disconnections weren’t classified as “spills” by operators, so they weren’t cleaned up immediately.

The facility implemented a new process. Every chemical drip or near-miss spill had to be logged and addressed as part of both environmental and safety compliance. Absorbent mats were added near transfer stations, drip trays were installed under valves, and employees were trained to report even minor leaks and spills.

Within 3 months, slip incidents dropped significantly. By integrating spill tracking into the safety program, they not only reduced injuries but also improved their EPA audit scores. This new process of tracking near-miss spills also proved to be a good leading indicator. The facility discovered trends in equipment maintenance and had a more complete picture of the cost of releases.

The business case for integration

Integrating environmental compliance into safety programs offers several advantages:

Reduced risk of incidents: Compliance minimizes hazards that could harm employees and the environment.
Regulatory collaboration: Many safety and environmental requirements overlap, allowing for streamlined processes.
Enhanced reputation: Demonstrating commitment to both safety and sustainability builds trust with regulators, customers, and the community.
Cost savings: Preventing spills, fires, and injuries avoids costly fines, cleanup expenses, and workers’ compensation claims.

To maximize the impact of environmental compliance on safety programs, industrial facilities should consider the following:

Joint audits: Evaluate environmental and safety risks together to identify overlapping controls.
Holistic employee training: Include environmental compliance topics in safety training sessions and toolbox talks (and vice versa).
Integrated procedures: Develop standard operating procedures that address both environmental and safety requirements.
Technology: Implement monitoring systems for air quality, spill detection, and waste tracking.

Environmental compliance is a key driver of workplace safety. By integrating both programs, facilities can protect employees and the environment at the same time.

2025-11-21T06:00:00Z

Expert Insights: Connecting environmental compliance and employee safety

Why environmental compliance matters for safety

For example:

Chemical spills can create slippery surfaces, leading to falls and injuries.
Air emissions from volatile chemicals can cause respiratory illnesses or even explosions if vapors accumulate.
Improper waste storage can result in fires or toxic exposure.

How tracking spills reduced slips

The business case for integration

Integrating environmental compliance into safety programs offers several advantages:

Reduced risk of incidents: Compliance minimizes hazards that could harm employees and the environment.
Regulatory collaboration: Many safety and environmental requirements overlap, allowing for streamlined processes.
Enhanced reputation: Demonstrating commitment to both safety and sustainability builds trust with regulators, customers, and the community.
Cost savings: Preventing spills, fires, and injuries avoids costly fines, cleanup expenses, and workers’ compensation claims.

To maximize the impact of environmental compliance on safety programs, industrial facilities should consider the following:

Joint audits: Evaluate environmental and safety risks together to identify overlapping controls.
Holistic employee training: Include environmental compliance topics in safety training sessions and toolbox talks (and vice versa).
Integrated procedures: Develop standard operating procedures that address both environmental and safety requirements.
Technology: Implement monitoring systems for air quality, spill detection, and waste tracking.

Environmental compliance is a key driver of workplace safety. By integrating both programs, facilities can protect employees and the environment at the same time.

2025-11-18T06:00:00Z

Navigating the complexities of multi-jurisdictional environmental compliance

Companies operating across multiple states, or internationally, face a growing challenge: staying compliant with a patchwork of environmental regulations. As federal agencies scale back certain environmental rules, states are stepping in to fill the gaps. But these state-level regulations aren’t always aligned. One state may impose strict air quality standards, while another may prioritize water discharge limits. This fragmented landscape creates a complex web of requirements that businesses must navigate to avoid fines, delays, or reputational harm.

The compliance puzzle: Federal, state, and global layers

In the U.S., environmental laws are enforced at both federal and state levels. While EPA sets national standards, states often go further. For example:

California requires Scope 3 greenhouse gas emissions reporting for large companies starting in 2027.
New York and Vermont have enacted climate superfund laws that hold fossil fuel companies financially liable for climate-related damages.
Louisiana successfully challenged the EPA’s use of environmental justice criteria in permitting decisions, resulting in a federal court ruling that blocks Title VI enforcement in the state.

Internationally, U.S. companies face additional hurdles. The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) requires companies to identify and mitigate environmental risks across their global supply chains. This means a U.S. firm with operations or suppliers in Europe must meet stricter standards, even if those standards differ from U.S. law.

Environmental Management Systems (EMS): A strategic solution

To manage this complexity, many companies adopt Environmental Management Systems such as ISO 14001. An EMS provides a structured framework to:

Identify applicable regulations across jurisdictions,
Set environmental goals and track performance,
Conduct internal audits and drive continual improvement, and
Ensure consistent documentation and training.

EMS tools help companies centralize oversight, reduce compliance gaps, and respond quickly to regulatory changes. For example, a company using EMS software can assign location-specific tasks, monitor progress, and generate reports tailored to each jurisdiction’s requirements.

Practical strategies for multi-jurisdictional success

Centralize compliance oversight: Use a unified system to track permits, deadlines, and reporting across all sites.
Leverage EMS tools: Automate alerts, audits, and documentation to stay ahead of changes.
Train staff by location: Tailor training to reflect the specific rules and risks of each jurisdiction.
Conduct routine audits: Internal reviews help catch issues before regulators do.

Key to Remember: Multi-jurisdictional compliance isn’t just about knowing the rules—it’s about building systems that adapt to them. An Environmental Management System, paired with proactive planning and location-specific training, helps companies stay compliant, reduce risk, and operate confidently across borders.

2025-11-17T06:00:00Z

EPA Final Rule: Technical Amendments to the EPCRA Hazardous Chemical Inventory Reporting Requirements To Conform to the 2024 OSHA Hazard Communication Standard

The Environmental Protection Agency is taking direct final action to conform the Emergency Planning and Community Right-to-Know Act hazardous chemical inventory reporting regulations to the Occupational Safety and Health Administration's Hazard Communication Standard amendments of 2012 and 2024. The Emergency Planning and Community Right-to-Know Act and its regulations rely on the Occupational Safety and Health Administration's Hazard Communication Standard for the definition of a hazardous chemical and for the categories of health and physical hazards that must be reported under the hazardous chemical inventory regulations. This action will conform the terminology used and information that must be reported on the hazardous chemical inventory forms to the Hazard Communication Standard amendments. As a result, this action will also improve first responder and community safety, reduce discrepancies and confusion, prevent interpretation burdens on facilities when using (Material) Safety Data Sheets to complete annual hazardous chemical inventory reports, and improve clarity.

DATES: This final rule is effective on January 16, 2026 without further notice, unless the EPA receives adverse comment by December 17, 2025. Published in the Federal Register November 17, 2025, page 51187.

View final rule.

New Text

Part 370-Hazardous chemical reporting Community right-to-know

Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99–499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

Subpart A—General Information

§370.1 What is the purpose of this part?

(a) This part (40 CFR part 370) establishes reporting requirements for providing the public with important information on the hazardous chemicals in their communities. Reporting raises community awareness of chemical hazards and aids in the development of state and local emergency response plans. The reporting requirements established under this part consist of Safety Data Sheet (SDS) reporting and inventory reporting.

(b) This part is written in a special format to make it easier to understand the regulatory requirements. Like other Environmental Protection Agency (EPA) regulations, this part establishes enforceable legal requirements. Information considered non-binding guidance under EPCRA is indicated in this regulation by the word “note” and a smaller typeface. Such notes are provided for information purposes only and are not considered legally binding under this part.

§370.2 Who do the terms you, I, and your refer to in this part?

Throughout this part the terms you, I, and your refer to the owner or operator of a facility.

§370.3 Definitions.

Chief Executive Officer of the Tribe means the person who is recognized by the Bureau of Indian Affairs as the chief elected administrative officer of the Tribe.

Environment includes water, air, and land and the interrelationship that exists among and between water, air, and land and all living things.

EPCRA means the Emergency Planning and Community Right-To-Know Act of 1986.

Extremely Hazardous Substance (EHS) means a substance listed in appendices A and B of 40 CFR part 355.

Facility means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). Facility includes manmade structures, as well as all natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use.

Hazard category means the classification of a chemical's hazard(s) into classes with their categories as are reported in Section 2 of SDSs in accordance with 29 CFR 1910.1200. Hazard categories are divided by hazard class into health hazards and physical hazards:

(1) Health hazard means a chemical that is classified into one of the following hazard classes: acute toxicity (oral, dermal, or inhalation); aspiration hazard; carcinogenicity; germ cell mutagenicity; reproductive toxicity; respiratory sensitizer; skin sensitizer; serious eye damage/eye irritation; simple asphyxiant; skin corrosion or irritation; specific target organ toxicity (single exposure) or (repeated or prolonged exposure); and hazard not otherwise classified.

(2) Physical hazard means a chemical that is classified into one of the following hazard classes: aerosols; chemicals under pressure; combustible dust; corrosive to metal; desensitized explosive; explosives; flammable (gases, liquids, or solids); gas under pressure; in contact with water emits flammable gases; organic peroxides; oxidizing (gases, liquids, or solids); pyrophoric (liquids or solids); self-heating chemicals; self-reactive chemicals; and hazard not otherwise classified.

Hazardous chemical means any hazardous chemical as defined under 29 CFR 1910.1200(c), except that such term does not include:

(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.

(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.

(3) Any substance to the extent it is used:

(i) For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public;

(ii) In a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; or

(iii) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

Indian Country means Indian country as defined in 18 U.S.C. 1151 as:

(1) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;

(2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and

(3) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

Indian Tribe or Tribe means those Tribes federally recognized by the Secretary of the Interior.

Inventory form means the uniform Tier I and Tier II emergency and hazardous chemical inventory forms published by EPA. These forms can be used for reporting inventory information, as described in 40 CFR 370.40 through 370.45.

LEPC means the Local Emergency Planning Committee appointed by the State Emergency Response Commission.

Mixture means mixture as defined under the Occupational Safety and Health Administration's Hazard Communication Standard in 29 CFR 1910.1200(c).

OSHA means the U.S. Occupational Safety and Health Administration.

Person means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or interstate body.

Safety Data Sheet (SDS) means the sheet required to be developed under 29 CFR 1910.1200(g). The term SDS replaces the term “material safety data sheet” for the name of the data sheet defined in the statute [42 U.S.C. 11049(6)].

SERC means the State Emergency Response Commission for the state in which the facility is located except when the facility is located in Indian Country, in which case, SERC means the Emergency Response Commission for the Tribe under whose jurisdiction the facility is located. In the absence of a SERC for a state or an Indian Tribe, the Governor or chief executive officer of the Tribe, respectively, shall be the SERC. Where there is a cooperative agreement between a state and a Tribe, the SERC shall be the entity identified in the agreement.

State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, any other territory or possession over which the United States has jurisdiction, and Indian Country.

Threshold planning quantity (TPQ) means the quantity listed in the column “threshold planning quantity” for the EHSs listed in Appendix A and B of 40 CFR part 355.

Subpart B—Who Must Comply

§370.10 Who must comply with the hazardous chemical reporting requirements of this part?

(a) You must comply with the reporting requirements of this part if the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) requires your facility to prepare or have available a Safety Data Sheet (SDS) for a hazardous chemical and if either of the following conditions is met:

Note 1 to paragraph (a) introductory text. OSHA's Material Safety Data Sheet or MSDS requirement was renamed to be the Safety Data Sheet or SDS requirement. The terms MSDS and SDS are synonymous. The EPCRA statutory MSDS requirements will be referred to as the SDS requirements within this regulation. [29 CFR 1910.1200]

(1) A hazardous chemical that is an Extremely Hazardous Substance (EHS) is present at your facility at any one time in an amount equal to or greater than 500 pounds (227 kg—approximately 55 gallons) or the Threshold Planning Quantity (TPQ), whichever is lower. EHSs and their TPQs are listed in Appendices A and B of 40 CFR part 355.

(2) A hazardous chemical that is not an EHS is present at your facility at any one time in an amount equal to or greater than the threshold level for that hazardous chemical. Threshold levels for such hazardous chemicals are:

(i) For any hazardous chemical that does not meet the criteria in paragraph (a)(2)(ii) or (iii) of this section, the threshold level is 10,000 pounds (or 4,540 kg).

(ii) For gasoline at a retail gas station (For purposes of this part, retail gas station means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public for motor vehicle use on land.), the threshold level is 75,000 gallons (approximately 283,900 liters) (all grades combined). This threshold is only applicable for gasoline that was in tanks entirely underground and that were in compliance at all times during the preceding calendar year with all applicableUnderground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281.

(iii) For diesel fuel at a retail gas station (For purposes of this part, retail gas station means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public for motor vehicle use on land.), the threshold level is 100,000 gallons (approximately 378,500 liters) (all grades combined). This threshold is only applicable for diesel fuel that was in tanks entirely underground and that were in compliance at all times during the preceding calendar year with all applicable UST requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281.

(b) The threshold level for responding to the following requests is zero.

(1) If your LEPC requests that you submit an SDS for a hazardous chemical for which you have not submitted an SDS to your LEPC; or

(2) If your LEPC, SERC, or the fire department with jurisdiction over your facility requests that you submit Tier II information.

§370.11 [Reserved]

§370.12 What hazardous chemicals must I report under this part?

(a) You must report any hazardous chemical for which you are required to prepare or have available an SDS under OSHA HCS that is present at your facility equal to or above the applicable threshold specified in §370.10. (Specific exemptions from reporting are in §370.13.)

(b) The EPA has not issued a list of hazardous chemicals subject to reporting under this part. A substance is a hazardous chemical if it is required to have an SDS and meets the definition of hazardous chemical under the OSHA regulations found at 29 CFR 1910.1200(c).

§370.13 What substances are exempt from these reporting requirements?

You do not have to report substances for which you are not required to have an SDS under the OSHA regulations or that are excluded from the definition of hazardous chemical under EPCRA section 311(e). Each of the following substances are excluded under EPCRA section 311(e):

(a) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.

(b) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.

(1) For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public;

(2) In a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual; or

(3) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

§370.14 How do I report mixtures containing hazardous chemicals?

(a) For a mixture containing a hazardous chemical, use the following table to determine if a reporting threshold is equaled or exceeded, and to determine how to report:

Table 1 to Paragraph (a)
If your mixture contains a hazardous chemical	To determine if the threshold level for that hazardous chemical is equaled or exceeded you must . . .	If the threshold level for that hazardous chemical is exceeded, then you must . . .
(1) That is an EHS	Determine the total quantity of the EHS present throughout your facility at any one time, by adding together the quantities present as a component in all mixtures and all other quantities of the EHS You must include the quantity present in a mixture even if you are also counting the quantity of that particular mixture toward the threshold level for that mixture	Report the EHS component: Submit an SDS for the EHS as provided under §370.30 or include the EHS on the list of chemicals submitted in lieu of the SDS. And submit Tier I or Tier II information for the EHS as provided under §370.40. Or Report the mixture itself: Submit an SDS for the mixture as provided under §370.30 or include the mixture on the list of chemicals submitted in lieu of the SDS. And submit Tier I or Tier II information for the mixture as provided under §370.40. If you report the mixture itself, then provide the total quantity of that mixture.
(2) That is not an EHS	Determine either: The total quantity of the hazardous chemical present throughout your facility at any one time by adding together the quantity present as a component in all mixtures and all other quantities of the hazardous chemical You must include the quantity present in a mixture even if you are also applying that particular mixture as a whole toward the threshold level for that mixture	Report the non-EHS hazardous chemical component: Submit an SDS for the non-EHS hazardous chemical as provided under §370.30 or include the non-EHS on the list of chemicals submitted in lieu of the SDS. And submit Tier I or Tier II information for the non-EHS hazardous chemical as provided under §370.40.
	Or	Or
	The total quantity of that mixture present throughout your facility at any one time	Report the mixture itself: Submit an SDS for the mixture as provided under §370.30 or include the mixture on the list of chemicals submitted in lieu of SDS. And submit Tier I or Tier II information for the mixture as provided under §370.40. If you report the mixture itself, then provide the total quantity of that mixture.

(b) For each specific mixture, the reporting option used must be consistent for both SDS and inventory reporting, unless it is not possible to do so. This means that if you report on a specific mixture as a whole for SDS reporting, you must report on that mixture as a whole for inventory reporting too (unless it is not possible). SDS reporting and inventory reporting are discussed in detail in subpart C of this part.

(c) To determine the quantity of an EHS or a non-EHS hazardous chemical component present in a mixture, multiply the concentration of the hazardous chemical component (in weight percent) by the weight of the mixture (in pounds). You do not have to count a hazardous chemical present in a mixture if the concentration is less than or equal to 1%, or less than or equal to 0.1% for a carcinogenic chemical.

Subpart C—Reporting Requirements

§370.20 What are the reporting requirements of this part?

The reporting requirements of this part consist of SDS reporting and inventory reporting. If you are the owner or operator of a facility subject to the reporting requirements of this part, then you must comply with both types of reporting requirements. SDS reporting requirements are addressed in §§370.30 through 370.33. Inventory reporting requirements are addressed in §§370.40 through 370.45.

How To Comply With SDS Reporting

§370.30 What information must I provide and what format must I use?

(a) You must report the hazardous chemicals present at your facility that meet or exceed the applicable threshold levels (threshold levels are in §370.10) by either:

(1) Submitting an SDS for each hazardous chemical present at your facility that meet or exceed its applicable threshold level; or

(2) Submitting a list of all hazardous chemicals present at your facility at or above the applicable threshold levels. The hazardous chemicals on your list must be grouped by the specific health and physical hazards as listed in section 2 of the SDSs. The list must contain the chemical or common name of each hazardous chemical as provided on the SDS.

(b) Within 30 days of a request by the LEPC, as provided in §370.10(b), you must also submit an SDS for any hazardous chemical present at your facility for which you have not submitted an SDS.

§370.31 Do I have to update the information?

SDS reporting stated in §370.30 is a one-time requirement. However, you must update the information in all of the following ways:

(a) Submit a revised SDS after you discover significant new information concerning a hazardous chemical for which an SDS was submitted.

(b) Submit an SDS, or a list as described in §370.30(a), for any new hazardous chemical for which you become subject to these reporting requirements.

(c) Submit, as requested by the LEPC, an SDS for any hazardous chemical present at your facility which you have not already submitted, as provided in §370.30(b).

§370.32 To whom must I submit the information?

(a) You must submit an SDS or a list to the LEPC, SERC, and fire department with jurisdiction over your facility, as provided in §370.30(a).

(b) You must submit an SDS to the LEPC if requested, as provided in §370.30(b).

§370.33 When must I submit the information?

(a) You must submit an SDS or a list, as provided in §370.30(a), for a hazardous chemical subject to the reporting requirements of this part within three (3) months after you first become subject to the reporting requirements of this part, as provided in §§370.30 and 370.31(b).

(b) You must submit a revised SDS, as provided in §370.31(a), within three (3) months after discovering significant new information about a hazardous chemical for which an SDS was submitted.

(c) You must submit an SDS requested by the LEPC, as provided in §§370.30(b) and 370.31(c), within 30 days of receiving the request.

How To Comply With Inventory Reporting

§370.40 What information must I provide and what format must I use?

(a) If you are required to comply with the hazardous chemical reporting requirements of this part, then by March 1 every year you must submit inventory information regarding any hazardous chemical present at your facility at any time during the previous calendar year in an amount equal to or in excess of its threshold level. Threshold levels are provided in §370.10.

(b) Tier I information is the minimum information that you must report to be in compliance with the inventory reporting requirements of this part as described in §370.41. You may choose to report the Tier II information described in §370.42 for any hazardous chemical at your facility. You must submit Tier II information to the SERC, LEPC, or fire department with jurisdiction over your facility if they request it. EPA publishes Tier I and Tier II Inventory Forms that provide uniform formats for reporting the Tier I and Tier II information. You may use a state or local format for reporting inventory information if the state or local format contains at least the Tier I information described in §370.41. EPA's Tier I and Tier II forms are available at https://www.epa.gov/epcra.

Note 1 to paragraph (b).

Some states require Tier II information annually under state law.

(c) You should contact the SERC to determine that state's requirements for inventory reporting formats, procedures, and to obtain inventory forms.

§370.41 What is Tier I inventory information?

Tier I information provides state and local officials and the public with information on the general types and locations of hazardous chemicals present at your facility during the previous calendar year. The Tier I information is the minimum information that you must provide to be in compliance with the inventory reporting requirements of this part. If you are reporting Tier I information, you must report aggregate information on hazardous chemicals by hazard category. The hazard categories (physical and health hazards) are available on the Tier I form for you to select. The Tier I inventory form includes the following data elements:

(a) The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier I submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification shall be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission.

Note 1 to paragraph (a).

Some states require electronic reporting and electronic certification. Contact your state for its specific requirements.

(b) The calendar year for the reporting period.

(c) An indication whether the information being reported on page one of the form is identical to that submitted last year.

(d) The complete name and address of the location of your facility (include the full street address or state road, city, county, state, and zip code), latitude, and longitude.

(e) An indication if the location of your facility is manned or unmanned.

(f) An estimate of the maximum number of occupants present at any one time. If the location of your facility is unmanned, check the box marked N/A, not applicable.

(g) The phone number of your facility (optional).

(h) The North American Industry Classification System (NAICS) code for your facility.

(i) The Dun & Bradstreet number of your facility.

(j) Facility identification numbers assigned under the Toxic Release Inventory (TRI) and Risk Management Program. If your facility has not been assigned an identification number under these programs or if your facility is not subject to reporting under these programs, check the box marked N/A, not applicable.

(k) An indication whether your facility is subject to the emergency planning notification requirement under EPCRA section 302, codified in 40 CFR part 355.

(l) An indication whether your facility is subject to the chemical accident prevention requirements under Section 112(r) of the Clean Air Act, codified in 40 CFR part 68, also known as the Risk Management Program.

(m) The name, mailing address, phone number, and email address of the owner or operator of the facility.

(n) The name, mailing address, phone number, Dun & Bradstreet number, and email address of the facility's parent company. These are optional data elements.

(o) The name, title, phone number, 24-hour phone number, and email address of the facility emergency coordinator, if applicable.

Note 1 to paragraph (o).

EPCRA section 303(d)(1) requires facilities subject to the emergency planning notification requirement under EPCRA section 302 to designate a facility representative who will participate in the local emergency planning process as a facility emergency coordinator. This includes additional facilities designated by the Governor or SERC under EPCRA section 302(b)(2). EPA encourages facilities not subject to the emergency planning notification requirement also to provide this information, if available, for effective emergency planning in your community.

(p) The name, title, phone number, and email address of the person to contact for the information contained in the Tier I form.

(q) The name, title, phone number, and email address of at least one local individual who can act as a referral if emergency responders need assistance in responding to a chemical accident at your facility. You must also provide an emergency phone number that will be available 24 hours a day, every day.

(r) An indication whether the information being reported on page two of the form is identical to that submitted last year.

(s) An estimate (in ranges) of the maximum amount of hazardous chemicals in each hazard category present at your facility at any time during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are provided in §370.43.

(t) An estimate (in ranges) of the average daily amount of hazardous chemicals in each hazard category present at your facility during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are provided in §370.43.

(u) The maximum number of days that any single hazardous chemical within each hazard category was present at your facility during the reporting period.

(v) The general location of hazardous chemicals in each hazard category within your facility. General locations should include the names or identification of buildings, tank fields, lots, sheds, or other such areas. You may also attach one or more of the following with your Tier I inventory form:

(1) A site plan with site indicated for buildings, lots, areas, etc. throughout your facility.

(2) A list of site coordinate abbreviations that correspond to buildings, lots, areas, etc., throughout your facility.

(3) A description of dikes and other safeguard measures for storage locations throughout your facility.

(w) An indication whether you are including any attachments (optional).

§370.42 What is Tier II inventory information?

Tier II information provides state and local officials and the public with specific information on the amounts and locations of hazardous chemicals present at your facility during the previous calendar year. Some states may require you to use a state reporting format including electronic reporting and certification for submitting your hazardous chemical inventory. Contact your state for its specific requirements. The Tier II inventory form includes the following data elements:

(a) The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification must be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all Confidential and Non-Confidential Information Sheets and all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission.

Note 1 to paragraph (a).

Some states require electronic reporting and electronic certification. Contact your state for the specific requirements in that state.

(b) The calendar year of the reporting period.

(c) An indication whether the information being reported on page one of the form is identical to that submitted last year.

(d) The complete name and address of the location of your facility (include the full street address or state road, city, county, state, and zip code), latitude, and longitude.

(e) An indication if the location of your facility is manned or unmanned.

(f) An estimate of the maximum number of occupants present at any one time. If the location of your facility is unmanned, check the box marked N/A, not applicable.

(g) The phone number of your facility (optional).

(h) The North American Industry Classification System (NAICS) code for your facility.

(i) The Dun & Bradstreet number of your facility.

(k) An indication if your facility is subject to the emergency planning notification requirement under section 302 of EPCRA, codified in 40 CFR part 355.

(l) An indication whether your facility is subject to the chemical accident prevention requirements under section 112(r) of the Clean Air Act (CAA), codified in 40 CFR part 68, Chemical Accident Prevention Provisions, also known as the Risk Management Program.

(m) The name, mailing address, phone number, and email address of the owner or operator of the facility.

(n) The name, mailing address, phone number, Dun & Bradstreet number, and email address of the facility's parent company. These are optional data elements.

(o) The name, title, phone number, 24-hour phone number, and email address of the facility emergency coordinator, if applicable.

Note 1 to paragraph (o).

EPCRA section 303(d)(1) requires facilities subject to the emergency planning notification requirement (including additional facilities designated by the Governor or SERC under EPCRA section 302(b)(2)) to designate a facility representative who will participate in the local emergency planning process as a facility emergency coordinator. This includes additional facilities designated by the Governor or SERC under EPCRA section 302(b)(2). EPA encourages facilities not subject to the emergency planning notification requirement also to provide this information, if available, for effective emergency planning in your community.

(p) The name, title, phone number, and email address of the person to contact regarding information contained in the Tier II form.

(q) The name, title, phone number and email address of at least one local individual who can act as a referral if emergency responders need assistance in responding to a chemical accident at your facility. You must also provide an emergency phone number that will be available 24 hours a day, every day.

(r) An indication whether the information being reported on page two of the form is identical to that submitted last year.

(s) For each hazardous chemical that you are required to report, you must:

(1) Provide the chemical name (or the common name of the chemical) as provided on the SDS and provide the Chemical Abstract Service (CAS) registry number of the chemical provided on the SDS.

Note 1 to paragraph (s)(1).

If you are withholding the name in accordance with trade secret criteria, you must provide the generic class or category that is structurally descriptive of the chemical and indicate that the name is withheld because of trade secrecy. Trade secret criteria are addressed in §370.64(a).

(2) Indicate whether the chemical is a solid, liquid, or gas; and whether the chemical is an EHS.

(3) If you are reporting a mixture, enter the mixture name, product name or trade name, and CAS registry number as provided on the SDS. If there is no CAS number provided or it is not known, check the box “Not Available.”

(4) If the mixture you are reporting contains EHS(s), provide the name of each EHS in the mixture. As provided in §370.14(a), you also have an option to report the non-EHS hazardous components in the mixture.

(5) Indicate which hazard categories apply to the chemical or mixture. The hazard categories are available for you to select on the Tier II form and found in section 2 of the SDSs.

(6) Provide an estimate (in ranges) of the maximum amount of the hazardous chemical present at your facility on any single day during the preceding calendar year. If you are reporting a mixture, provide an estimate of the total amount of the mixture present at your facility on any single day during the preceding calendar year. If the mixture contains any EHSs, provide the total amount of each EHS in that mixture. You must use the codes that correspond to different ranges. The amounts and associated range codes are in §370.43.

(7) Provide an estimate (in ranges) of the average daily amount of the hazardous chemical present at your facility during the preceding calendar year. If you are reporting a mixture, provide an estimate of the average daily amount of the mixture. You must use the codes that correspond to different ranges. The amounts and associated range codes are in §370.43.

(8) Provide the maximum number of days that the hazardous chemical or mixture was present at your facility during the preceding calendar year.

(9) Provide the type of storage for the hazardous chemical or the mixture containing the hazardous chemical at your facility. Examples of types of storage: above-ground tank, plastic or non-metallic drum, steel drum, cylinder, rail car, etc.

Note 1 to paragraph (s)(9).

Your SERC or LEPC may have specific instructions for reporting types of storage and/or storage conditions.

(10) Provide the storage conditions for the hazardous chemical or mixture containing the hazardous chemical at your facility. Examples for types of storage conditions: Ambient pressure, ambient temperature, less than ambient temperature/pressure, cryogenic conditions, etc.

Note 2 to paragraph (s)(10).

Your SERC or LEPC may have specific instructions for reporting types of storage and/or storage conditions.

(11) Provide a brief description of the precise location(s) of the hazardous chemical(s) or mixture(s) at your facility. You may also attach one of the following with your Tier II inventory form:

(i) A site plan with site coordinates indicated for buildings, lots, areas, etc. throughout your facility.

(ii) A list of site coordinate abbreviations that correspond to buildings, lots, areas, etc., throughout your facility.

(iii) A description of dikes and other safeguard measures for storage locations throughout your facility.

(12) Under EPCRA section 324, you may choose to withhold from disclosure to the public the location information for a specific chemical. If you choose to withhold the location information from disclosure to the public, you must clearly indicate that the information is “confidential.” You must provide the confidential location information on a separate sheet from the other Tier II information (which will be disclosed to the public) and attach the Confidential Location Information Sheet to the other Tier II information. Indicate any attachments you are including.

(13) You may provide additional reporting. For example, if your state or local agencies require you to provide inventory information on additional chemicals or if you wish to report any hazardous chemical below the reporting thresholds specified in §370.10, check the appropriate box.

(t) An indication whether you are including any attachments (optional).

§370.43 What codes are used to report Tier I and Tier II inventory information?

(a) Except as provided in paragraph (b) of this section, you must use the following codes to report the maximum amount and average daily amount when reporting Tier I or Tier II inventory information:

Table 1 to Paragraph ( )
Range codes	Weight range in pounds
From	To
*** Greater than 10 million**
01	0	99
02	100	499
03	500	999
04	1,000	4,999
05	5,000	9,999
06	10,000	24,999
07	25,000	49,999
08	50,000	74,999
09	75,000	99,999
10	100,000	499,999
11	500,000	999,999
12	1,000,000	9,999,999
13	10,000,000	(*)

Note 1 to paragraph (a).

To convert gas or liquid volume to weight in pounds, multiply by an appropriate density factor.

(b) Your SERC or LEPC may provide other range codes for reporting maximum amount and average daily amount or may require reporting of specific amounts. You may use your SERC's or LEPC's range codes (or specific amounts) provided the ranges are not broader than the ranges in paragraph (a) of this section.

§370.44 To whom must I submit the inventory information?

You must submit the required inventory information to your SERC, LEPC, and the fire department with jurisdiction over your facility.

§370.45 When must I submit the inventory information?

(a) You must submit the required inventory information on or before March 1st of each year after your facility becomes subject to this part. Your submission must contain the required inventory information on hazardous chemicals present at your facility during the preceding calendar year at or above the threshold levels. Threshold levels are in §370.10. The minimum required inventory information under EPCRA section 312 is Tier I information. Tier I information requirements are described in §370.41.

(b) You must submit Tier II information within 30 days of the receipt of a request from the SERC, LEPC, or fire department with jurisdiction over your facility, as provided in §370.10(b). Tier II information requirements are described in §370.42.

Subpart D—Community Access to Information

§370.60 How does a person obtain SDS information about a specific facility?

Any person may obtain an SDS for a specific facility by writing to the LEPC and asking for it.

(a) If the LEPC has the SDS it must provide it to the person making the request.

(b) If the LEPC does not have the SDS it must request it from the facility's owner or operator.

§370.61 How does a person obtain inventory information about a specific facility?

(a) Any person may request Tier II information for a specific facility by writing to the SERC or LEPC.

(1) If the SERC or LEPC has the Tier II information, the SERC or LEPC must provide it to the person making the request.

(2) If the SERC or LEPC does not have the Tier II information, it must request it from the facility owner or operator in either of the following cases:

(i) The person making the request is a state or local official acting in an official capacity.

(ii) The request is for hazardous chemicals in amounts greater than 10,000 pounds stored at the facility at any time during the previous calendar year.

(3) If the SERC or LEPC does not have the Tier II information, it may request it from the facility owner or operator when neither condition in paragraph (a)(2) of this section is met but the person's request includes a general statement of need.

(b) A SERC or LEPC must respond to a request for Tier II information under this section within 45 days of receiving such a request.

§370.62 What information may a state or local official request from a facility?

The LEPC may ask a facility owner or operator to submit an SDS for a hazardous chemical present at the facility. The SERC, LEPC, or fire department with jurisdiction over a facility may ask a facility owner or operator to submit Tier II information. The owner or operator must provide the SDS (unless the owner or operator has already submitted an SDS to the LEPC for that hazardous chemical) or Tier II information within 30 days of receipt of such request.

§370.63 What responsibilities do the SERC and LEPC have to make request information available?

Under this subpart, the SERC or LEPC must make the following information (except for confidential location information discussed in §370.64(b)) available if a person requests it:

(a) All information obtained from an owner or operator in response to a request under this subpart.

(b) Any requested Tier II information or SDS otherwise in possession of the SERC or the LEPC.

§370.64 What information can I claim as trade secret or confidential?

(a) Trade secrets. You may be able to withhold the name of a specific chemical when submitting SDS reporting or inventory reporting information if that chemical name is claimed as a trade secret. The requirements for withholding trade secret information are set forth in EPCRA section 322 and implemented in 40 CFR part 350. If you are withholding the name of a specific chemical as a trade secret in accordance with trade secrecy requirements, you must report the generic class or category that is structurally descriptive of the chemical along with all other required information. You must also submit the withheld information to EPA and must adequately substantiate your claim. A Form for substantiating trade secret claims is available at the Agency website at https://www.epa.gov/epcra.

(b) Confidential location information. You may request that the SERC and LEPC not disclose to the public the location of any specific chemical required to be submitted in Tier II information. If you make such a request, the SERC and LEPC must not disclose the location of the specific chemical. Although you may request that location information (with respect to a specific chemical) be withheld from the public, you may not withhold this information from the SERC, LEPC, and the local fire department. If you use the Tier II Form to report your inventory information, you can choose to report the confidential location information for the specific chemical on the Tier II Confidential Location Form and attach this form to the other Tier II information you are reporting. The Tier II Confidential Location Form is available on the Agency website at https://www.epa.gov/epcra.

§370.65 Must I allow the local fire department to inspect my facility, and must I provide specific location information about hazardous chemicals at my facility?

If you are the owner or operator of a facility that has submitted inventory information under this part, you must comply with the following two requirements upon request by the fire department with jurisdiction over your facility:

(a) You must allow the fire department to conduct an on-site inspection of your facility; and

(b) You must provide the fire department with information about the specific locations of hazardous chemicals at your facility.

§370.66 [Reserved]

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Most Popular Highlights In Environmental

2025-11-25T06:00:00Z

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

Who’s impacted by the rule?

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

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

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

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

What’s changing in Part 370?

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

When will the changes take effect?

Key to remember

2025-09-09T05:00:00Z

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

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

EPA has major updates on the docket, such as:

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

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

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

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

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

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

2025-11-25T06:00:00Z

Annual HFC report: First submissions due March 2026

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

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

Who reports?

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

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

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

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

What’s reported?

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

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

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

Further, sector-specific standards apply.

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

How’s the report submitted?

About the 2023 Technology Transitions Rule

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

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

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

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

2025-05-16T05:00:00Z

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 and 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.

2025-12-02T06:00:00Z

Minnesota requires air toxics emissions reporting in 7 counties

Effective date: October 6, 2025

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

View related state info: Clean air operating permits — Minnesota

2025-09-05T05:00:00Z

Update: EPA withdraws direct rule, keeps proposed rule for alternative CCR reporting option

On September 4, 2025, the Environmental Protection Agency (EPA) withdrew a direct final rule it issued on July 22, 2025, that offered active and inactive coal combustion residuals (CCR) facilities an alternative reporting option and delayed corresponding compliance obligations for CCR management units (CCRMUs). However, the parallel proposed rule that was published with the direct final rule remains in place, and EPA has extended the comment period through September 15, 2025.

Who does this affect?

The direct and proposed rules impact (a) active CCR facilities and (b) inactive CCR facilities with inactive surface impoundments (called legacy CCR surface impoundments) that are regulated by the 2024 Legacy Rule.

What does this mean?

Because the direct rule was withdrawn, the alternative reporting option for the Facility Evaluation Report (FER) Part 1 doesn’t apply, and the compliance deadlines for the related CCRMU requirements revert to the previous timelines.

The parallel proposed rule remains active and contains the same changes as the withdrawn direct final rule, including:

Adding an alternative option for active CCR facilities and legacy CCR surface impoundments to submit FER Parts 1 and 2 together by February 8, 2027; and
Extending the related compliance deadlines for facilities with CCRMUs.

Further, the proposed rule seeks public input on potentially delaying both FER reporting deadlines and adjusting the CCRMU compliance timelines accordingly. The proposed additional extension would give CCR facilities the option to:

Submit FER Part 1 by February 8, 2027, and FER Part 2 by February 8, 2028; or
Submit FER Parts 1 and 2 together by February 8, 2028.

You can submit comments to Docket ID No. EPA-HQ-OLEM-2020-0107.

Please see the original Industry News article ("EPA offers CCR facilities delayed reporting option and extends compliance deadlines") for more information about the withdrawn direct rule and the active proposed rule.

Key to remember: EPA has withdrawn a direct final rule that offered active and inactive coal combustion facilities an alternative reporting option, but the agency has kept the corresponding proposed rule in place.

Most Popular Highlights In Transportation

2025-11-26T06:00:00Z

Create a culture of safety in trucking, part 1: Moving from reactive to proactive

Safety in trucking isn’t just about meeting regulatory requirements. It’s about creating a proactive culture that prevents accidents and injuries before they occur. Many companies still operate with a reactive mindset, addressing problems only after an incident happens.

This approach is costly and ineffective. Transitioning to a proactive strategy means identifying risks early and implementing solutions that protect drivers and warehouse workers. Consider the following steps to assist in becoming more proactive than reactive.

Step 1: Know the regulations

Compliance is the foundation of safety, and failing to meet these standards can lead to violations, accidents, and injuries.

The first step is understanding all compliance requirements that impact safety, including

Hours-of-service regulations,
Load securement standards, and
Warehouse safety protocols.

A proactive company regularly audits its processes to:

Ensure compliance, and
Identify gaps before they become hazards.

2. Leverage video technology

Technology is a powerful tool in accident prevention. Dash cameras provide visibility into driver behavior and road conditions, enabling managers to coach effectively. Coaching should focus on positive reinforcement and actionable feedback rather than punishment. When drivers understand how to improve and feel supported, they are more likely to adopt safer habits. With consistent use of dash cameras and coaching, companies can realistically achieve a 10 percent reduction in total accidents. This represents fewer injuries, less downtime, and lower insurance costs.

Injury prevention is equally critical. CCTV cameras on docks allow managers to review incidents and near misses, such as forklift collisions or improper lifting techniques. This footage helps identify patterns and implement corrective measures. Simple steps like slowing down, asking for help with heavy freight, and using proper lifting techniques can significantly reduce injuries. These behaviors should be reinforced through training and recognition programs.

3. Address physical hazards and communicate with employees

Physical hazards must also be addressed, such as:

Replacing broken dock plates and malfunctioning dock doors.
Ensuring pallet jacks are in good working condition.
Maintaining clean, clutter-free surfaces.
Outside the warehouse, repairing potholes and improving yard lighting to prevent slips, trips, and falls during nighttime operations.

These improvements show employees that safety is a priority, not an afterthought.

Finally, communicate these changes clearly. Drivers and warehouse workers need to understand why these measures matter and how they protect them. Use newsletters, meetings, and digital platforms to share updates and success stories. When employees see results, they buy into the process.

Proactive safety is not a one-time effort. It requires continuous improvement and engagement. By combining compliance awareness, technology, and hazard elimination, companies can create a safer environment for everyone involved in the supply chain.

Key to remember: A proactive approach saves lives, reduces costs, and builds trust across the organization.

2024-09-19T05:00:00Z

Your HUT decals are expiring: Registration open Oct. 1

For carriers operating in New York, registration and decals expire December 31, 2024, for the Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) programs. Take steps now to make sure you receive your new decals before the current ones expire. You need a new certificate of registration and decal for each vehicle. And you must place the new decals on your vehicles before January 1, 2025.

The period to renew your 24th series HUT and AFC certificates of registration begins October 1, 2024. Act now to avoid delays and keep your highway use tax credentials active.

To-do before October 1

Get ready for renewal by taking the following steps now:

File all your highway use tax returns that are due.
Pay your taxes. The state will not issue a new certificate of registration if you owe back taxes. Before you apply to renew, make sure that you’ve paid all taxes due under any of the programs administered by the New York State Tax Department, including:
- HUT,
- personal income tax,
- International Fuel Tax Agreement (IFTA),
- sales tax, and
- withholding tax.
Create an online account if you do not already have one and you want to renew your credentials and pay online (https://www.oscar.ny.gov/).
Make sure your vehicle registration information is correct and accurate. Review and update your information as soon as possible. Incorrect information will delay the processing of your certificates and decals.

Beginning October 1

Once the renewal period opens, renew your credentials and pay your renewal fees online with One Stop Credentialing and Registration (OSCAR).

Submit your renewal application by November 30, 2024, to make sure you receive your decals in time to place them on your vehicles before January 1, 2025.

If you are already enrolled in OSCAR, use your current OSCAR password to renew online.

If you are not enrolled, visit OSCAR, and select Enroll Now. You must have a United States Department of Transportation (USDOT) number and an employer identification number (EIN).

To renew your registration:

Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
If you have 300 or fewer vehicles, choose either:
1. Renew all HUT/AFC Certificates of Registration to renew all your active current series permits, or
2. Select HUT/AFC Certificates of Registration to renew specific permits.
If you have more than 300 vehicles, choose either:
1. Renew all to renew all your active current series permits, or
2. File renewal to renew select permits.

If you are unable to renew electronically, you may file Form TMT-1.2, Renewal Application for Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) Certificates of Registrations and Decals – 25th Series.

Key to remember: Take steps now to renew your NY HUT and ensure you receive your new decals before the current ones expire.

2022-12-27T06:00:00Z

Placarding responsibility – Whose is it?

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

Knowledge Check: What would you do in this placarding scenario?

Check the regulations

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

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

Avoid issues with shippers

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

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

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

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

2022-11-04T05:00:00Z

The five most-used ELD exemptions explained

The Federal Motor Carrier Safety Administration (FMCSA) recently released an Advanced Notice of Proposed Rulemaking (ANPRM) related to updating the electronic logging device (ELD) regulations.

The ANPRM does not discuss major changes to the exemptions. However, if the technical standards and related regulations change, more carriers may become interested in using the exemptions. This has suddenly led to renewed interest in the exemptions. Below are the common exemptions that allow a driver to use a record of duty status other than an ELD.

1) Drivers that only log occasionally

Drivers that logged eight days or fewer out of the last 30 are allowed to use a paper log on the days they must log. This would include short-haul drivers that normally use time records (see 395.1(e)) and intermittent drivers that only occasionally log. However, once the driver has had to complete a log nine days out of the last 30, the driver must be using an ELD.

2) Certain driveaway/towaway drivers

Driveaway drivers operating a vehicle that is part of the shipment being delivered are allowed to use a paper log in place of an ELD. Also, drivers involved in towaway transportation that are towing a recreational vehicle with at least one axle on the ground are allowed to use this exemption.

3) Older than 2000

Drivers driving a vehicle older than model year 2000 are allowed to use paper logs rather than an ELD. The decision on if the vehicle is older than model year 2000 is based on either the vehicle identification number (VIN) as it appears on the registration or the engine serial number. These three exemptions are in 395.8(a).

4) Rental vehicles

Drivers of vehicles rented under the terms of a rental agreement that is eight days or less in duration are allowed to use paper logs, rather than ELDs. However, the rental agreement must be in the vehicle, and it must show the terms of the rental is eight days or less. Also, if the vehicle is turned in at the end of the eight-day period and immediately rented again, the exemption cannot be applied.

5) Special drivers

There are small groups of specialized drivers that have been granted exemptions. Examples of these include drivers transporting livestock and drivers employed to transport passengers and property to and from motion picture, theatrical, or television production sites.

These last two exemptions and other special exemptions were created through Federal Register notices. If you wish to use an exemption that was created by a Federal Register notice, it is important that you read the notice, verify that it applies to your drivers, and follow the requirements in the exemption.

Key to remember: While there are changes coming to the ELD requirements, they are not likely to include changes to the applicability of ELDs and exemptions to the applicability.

2025-11-25T06:00:00Z

Winter survival guide to the rescue

Cold temperatures are quickly approaching (or have already arrived) in many states, so it’s important for drivers to be prepared for whatever winter hazards they may face.

Remind drivers of the following three actions to remain safe during the harsh season.

1. Pack a winter survival kit

All drivers should have a winter survival kit in their vehicle. In addition to the items that should be in their vehicle at all times (warning devices, a jump box, tool kit, first-aid kit), they should also carry the following items:

Snow brush and scraper,
Shovel,
Traction devices,
Brightly colored cloth,
Blankets/sleeping bag,
Extra food and water,
Extra medications (if necessary), and
Proper outerwear (extra coat, gloves, hat, boots).

2. Stay calm when stranded

Once they’re prepared, make sure drivers know how to handle being stranded in cold weather without panicking. At minimum, a stranded driver must remember to:

Stay in the vehicle.
Dial 911 to summon help.
Run the vehicle’s engine, with the heater on, for about 10 minutes every hour to keep warm, opening a window slightly during that time to prevent carbon monoxide poisoning. Also, to prevent carbon monoxide poisoning, make sure the vehicle’s exhaust pipe is clear and free of snow.

3. Watch for hazards working around the vehicle and loading docks

Accidents can happen just as easily outside the vehicle as they can on the road during snow and cold, so drivers should always take precautions. A slip, trip, or fall is less likely to occur if drivers:

Employ the 3-point rule when mounting or dismounting from the truck, trailer, equipment, loading docks, and ladders.
Always use the handrail when available.
Walk like a penguin for balance (arms outstretched, feet pointed to the sides, small strides).
Avoid blocking their vision when carrying objects.
Watch for that last step or change in surface height.
Inspect equipment (ladders, railings, steps) for damage before using.
Check whether steps are slippery before using.
Walk around, rather than over, obstructions.

2021-03-10T06:00:00Z

For-hire and private carriers: What’s the difference?

If you’re planning to start a motor carrier operation or add a different type of service to an existing business, you need to know what type of carrier you will be. Motor carriers are considered either a for-hire carrier or a private carrier. To be a private carrier, 100 percent of the company’s movements must be to support its own operation. If the carrier is engaged in any for-hire activities, the Federal Motor Carrier Safety Administration (FMCSA) considers them a for-hire carrier.

For-hire vs. private

For-hire carriers use vehicles to transport people or property and are paid for their service. The fee could be a direct fee like a fare or a rate but could also be other indirect forms of compensation. Examples of for-hire operations include a trucking company that hauls other people’s property for a fee (direct compensation) or a hotel that includes in its service the transportation to and from the airport to the hotel (indirect compensation).

Private carriers, on the other hand, transport only their own goods or people. Examples include a manufacturer that uses its own commercial vehicles to transport its product, a construction or landscaping company that uses commercial vehicles to transport equipment and employees to job sites, or a utility company that operates commercial vehicles in support of its operations.

For-hire operating authority

While private carriers are not required to obtain operating authority from the FMCSA, for-hire carriers are required to get authority to move property or people that belong to somebody else and get paid for their service. Having authority is often referred to as having an MC Number.

The most common types of authority are:

Property for-hire
Passenger for-hire
Household goods
Broker
Freight forwarder

If a company never operates a commercial motor vehicle (CMV), it is possible to have authority, but not have a USDOT number. For example, straight brokers or freight forwarders.

As part of obtaining for-hire authority, carriers must designate process agents and demonstrate financial responsibility (have proper insurance coverage).

One size does not fit all

Authorities are not all-inclusive. Separate authority is needed for each type of service offered. For instance, a for-hire, over-the-road carrier that also wants to be able to resell its extra demand will need both for-hire and brokerage authorities. A company is required to pay a $300 one-time fee for each type of authority needed.

Permanent authority required

There are no temporary permits available to substitute for authority. For-hire operations may not be performed until the proper authority has been granted. It’s not uncommon for otherwise private carriers to become for-hire carriers to generate revenue on back-hauls or help balance capacity and demand during slow periods or seasons.

Getting it right

Carriers need to get it right when it comes to authority. Carriers required to have authority — but don’t and operate anyway — can get themselves into trouble. Penalties for operating without proper authority can get expensive and can result in out-of-service orders.

Key to remember: Carriers are either for-hire or private, with for-hire carriers being paid for their services while private carriers transport only their own goods or people.

Related article: Process agents — what are they and do you need them?

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.

2025-11-20T06:00:00Z

May employees take leave for menopause?

There’s been quite a bit of chatter recently about employee rights regarding menopause. Rhode Island, for example, is the first state to pass a law mandating menopause workplace accommodations. Since menopause can result in varying symptoms, some employers might wonder if employees are entitled to take leave under the federal Family and Medical Leave Act (FMLA) for it.

The answer is: It’s possible.

The FMLA doesn’t have a list of serious health conditions for which employees may take leave. To figure out if a condition qualifies for leave, employers must refer to the FMLA’s definition of a serious health condition and compare it to the information in the employee’s medical certification.

If an employee’s or a family member’s menopause-related symptoms meet the definition, the employee may take FMLA leave for them.

If, for example, an employee experiences panic attacks or bouts of depression because of menopause, the employee could be entitled to take FMLA leave. As such, the FMLA leave could be intermittent when symptoms flare up.

What about the PWFA?

Under the federal Pregnant Workers Fairness Act (PWFA), employers have to provide reasonable accommodations to an employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.

Similar to the FMLA, the PWFA also doesn’t include condition details, like a complete list of related limitations or specifically mention menopause.

In the vote for the final PWFA regulations, the Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas said, “Thus, the final rule opens the door to requiring accommodations potentially extending to a myriad of conditions ranging from infertility to menstruation to hormone issues to menopause.” The current EEOC might revise the PWFA regulations, in which the agency could provide more details.

Therefore, until the EEOC provides more guidance, the courts might need to chime in on whether employers have to accommodate an employee’s menopause symptoms. If employers don’t want to be legal guinea pigs, the safest route would be to allow time off for menopause.

What about the ADA?

The federal Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to the known disability of an employee or applicant. A disability is an impairment that substantially limits one or more major life activities.

Like the FMLA and PWFA, the ADA also doesn’t have a complete list of conditions that are disabilities. Employers have to assess each situation on the facts involved to determine if menopause rises to the level of a disability,

Key to remember: Employers must give employees FMLA leave for menopause if the symptoms meet the definition of a serious health condition.

2025-11-24T06:00:00Z

Risks of using the FMLA certification for non-FMLA leave

The federal Family and Medical Leave Act (FMLA) allows employers to ask most employees to certify that the reason for their leave qualifies for time off work. Employers often use the U.S. Department of Labor’s model certification forms for this.

The forms ask for quite a bit of information. For medical conditions, they ask that a health care provider disclose the type of condition and how much leave the employee needs, whether for one extended period of time or smaller chunks of time.

These forms could be useful for leave that doesn’t fall under the FMLA. Using them could, however, also pose compliance risks to employers.

Non-FMLA leave

Not all employers are covered by the FMLA, and even if they are, not all of their employees might be eligible to take FMLA leave. Therefore, employers might offer employees who aren’t eligible to take FMLA leave, unpaid time off that is similar to the FMLA.

Using the FMLA’s certification for non-FMLA leave seems like it would be handy. Because the form often refers to the FMLA, however, this could give the employee the idea that the absence would fall under the FMLA. This could give an employee the impression of being fully protected under the law when they take time off.

The FMLA certification also refers to the law’s definition of a serious health condition. Employees could take non-FMLA leave for reasons that don’t meet that definition or for reasons that don’t otherwise qualify for FMLA leave.

Misrepresentation

If an employer represents — or implies — that an employee is entitled to FMLA leave, and the employee acts on that representation only to suffer some consequences because they did, the employer might have to keep its promise to provide FMLA leave. It might have to give the employee true FMLA leave, complete with all the job protections.

Employees can sue employers that fall into this rabbit hole, and employers can’t avoid FMLA liability if they tell employees that they (employees) were taking FMLA leave. Employees could use the FMLA’s certification as evidence that the employer represented to them that they were entitled to FMLA leave.

Looking at the FMLA certification forms, it would be easy to see why an employee might think they had FMLA rights and protections.

Other forms

To help avoid this, when employees need non-FMLA leave (e.g., sick time), employers should use other forms that prominently state that the employee isn’t entitled to FMLA leave. The federal Americans with Disabilities Act (ADA) has restrictions on asking medical questions or requiring medical exams. Therefore, the information requested on the form should be consistent with the particular need for time off, and not ask for too much information.

If, for example, an employee needs time off for their own condition, which could be a disability, employers could ask for reasonable documentation (like a doctor’s note), but likely wouldn’t need the same information as in the FMLA certification.

Employers could provide a description of the employee's job duties, for example, including any physical qualification standards, and ask that the employee provide documentation of their limitations related to the job duties and potential accommodations.

To ask for such documentation, the disability or the need for the accommodation must be unknown or not obvious.

If the condition isn’t a disability, employers may still ask employees for documentation supporting their leave. The information requested should reflect the company policy, which should not ask for more than what is really needed.

Key to remember: Employers fare better in risk avoidance if they don’t use the FMLA’s certification forms for non-FMLA leave.

2024-08-28T05:00:00Z

When to skip a PIP and move to terminate an employee

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

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

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

At-will employment

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

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

PIP or terminate

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

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

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

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

Read more: ezExplanation on discharging employees

Termination tips

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

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

2023-04-20T05:00:00Z

FMLA leave can impact perfect attendance bonus

Being a dependable person is a good quality to have. This is why some employers offer employees a bonus for those with perfect attendance — to encourage this behavior.

Whether a monetary bonus or an extra day off is given, this type of policy offers positive reinforcement to workers who make their job a priority, no matter how comfortable their bed feels in the morning.

Does FMLA leave affect attendance bonuses?

But what happens when an employee simply can’t show up for work because of a serious health condition under the Family and Medical Leave Act (FMLA)?

While the FMLA provides job protection to an employee who needs to miss work for a qualifying reason, it does not guarantee that the days missed won’t affect a person’s bonus. This includes a bonus given for perfect attendance.

The FMLA regulations at 29 C.F.R 825.215 state:

If a bonus or other payment is based on the achievement of a specified goal such as hours worked, products sold or perfect attendance, and the employee has not met the goal due to FMLA leave, then the payment may be denied, unless otherwise paid to employees on an equivalent leave status for a reason that does not qualify as FMLA leave.

A key phrase here is “equivalent leave.” FMLA leave is generally unpaid, so an employer may count unpaid time off against an employee’s perfect attendance record if it treats employees who are not on FMLA leave the same way.

An employer might, for example, have a policy allowing employees to call in and miss four shifts in six months without risking termination. If this unpaid absence counts against the employee’s perfect attendance bonus, the employer may also deny the bonus if the employee is on FMLA leave.

How does vacation or PTO apply?

If, however, the employee uses vacation time or paid time off while on FMLA leave, the situation might change. An employer might decide not to disqualify employees who are on vacation from the perfect attendance bonus, as this might discourage workers from taking a needed break from their jobs.

In this case, the employer may not disqualify a person on FMLA leave from the attendance bonus if that person is taking vacation at the same time as FMLA leave. That employee must be treated in the same manner as a worker who is strictly on vacation.

Be fair and consistent when it comes to attendance bonuses. Look at how employees who are not on FMLA leave are treated for guidance in handling employees who are on FMLA leave.

Key to remember: Giving an employee a bonus for consistently showing up at work is different than reprimanding an employee who is absent. While an employee may not be eligible for a perfect attendance bonus if the employee takes FMLA leave, that employee still has job protection.

2023-10-25T05:00:00Z

California enacts reproductive loss leave law

Effective January 1, 2024, California employers with five or more employees will need to provide leave for another reason — reproductive loss. California is the second state to enact a law for this reason, following Illinois.

Employees are eligible to take the leave if they have worked for the employer for at least 30 days before leave begins. Employees may take up to five days, which can be intermittent, of reproductive loss leave.

What qualifies for leave?

Employees may take the leave for “a reproductive loss event,” which means the day, or for a multiple-day event, the final day of:

A failed adoption (the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that isn’t finalized because another party contested it. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed).
A failed surrogacy (the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy).
A miscarriage (by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy).
A stillbirth (resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth).
An unsuccessful assisted reproduction (an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy).

What are the leave terms?

Signed into law on October 10, the law requires that employees take the leave within three months of the event, with some exceptions, and pursuant to any existing company leave policy.

If an employee experiences more than one reproductive loss event within a 12-month period, employers don’t have to grant a total amount of reproductive loss leave time in excess of 20 days within a 12-month period.

If employers don’t have an existing policy, the reproductive loss leave may be unpaid. Employees may, however, choose to use certain other leave balances otherwise available, including accrued and available paid sick leave.

Employers may not retaliate against employees for taking the leave, giving information about the leave, or making a formal statement regarding the leave.

Employers must maintain employee confidentiality relating to reproductive loss leave.

Key to remember: The state employee leave law trend continues, and for more diverse leave reasons. Employers with employees in California must be aware of this new leave law that is effective January 1, 2024.

Most Popular Highlights In Safety & Health

2025-11-26T06:00:00Z

Review the 300 Log before preparing the Annual Summary

Before you prepare the 300A Annual Summary, OSHA requires you to review the 300 Log and verify that the entries are complete and accurate. This does not require examining every entry, but you should spot check a sampling of cases. Below are some common errors on the 300 Log.

Column (E) requires listing a location. Just writing “warehouse” or “office” may not provide enough detail. Ideally, someone else should be able to locate the area where the incident occurred. OSHA gives examples like “loading dock north end.” The location doesn’t appear on the Annual Summary, but it’s good to review in case OSHA inspects your records.

Column (F) requires describing the injury, body part, and cause of the injury. A common error is listing a body part (like “lacerated forehead”) but missing the description of how it happened. Also, for body parts such as arms or legs, the entry should specify left or right. OSHA gives an example, “Second degree burns on right forearm from acetylene torch” to describe an injury, body part, and cause.

Day count extends to next year

If an injured employee is still on work restrictions (or days away) into the next calendar year, do not add the case to next year’s Log. That would indicate a new injury. It may seem odd if, for example, an employee injured on December 13th had 73 days away listed under that date. However, the day count simply indicates the severity of the incident. For that purpose, it doesn’t matter if the days occurred in the next calendar year.

Also, if an injured worker is still away from work (or on restrictions) when you prepare the Annual Summary, you must estimate the day count and use that to complete the summary, per 1904.7(b)(3)(ix). You might use a doctor’s estimate or make a guess based on experience with similar cases. You’ll then post the summary using the estimated days.

Once you know the exact day count, you must update the 300 Log. However, you do not have to update the Annual Summary after it is posted. Consider this: An injury in December could involve a return-to-work date after April 30, at which point the 300A no longer needs to be posted.

Certify and post the 300A

Finally, a company executive must review and sign the completed 300A. In a letter of interpretation from January of 2009, OSHA clarified that employers keeping electronic records can use electronic signatures for this.

You must post a physical copy of the 300A from February 1 through April 30. In a large facility, this may require more than one posting. Some employers post the summary on the company intranet, which is fine, but that’s not a substitute for physical posting. You must also ensure that the summary is not altered, defaced, or covered by other material.

OSHA does not require sending the 300A to people working from home, but check state requirements. For example, California does require providing the summary to remote workers who do not report to the office at least weekly during the posting period.

Key to remember: Review the 300 Log for accuracy and, if needed, estimate day counts before preparing and posting the 300A Annual Summary.

2024-04-10T05:00:00Z

Confined Space Rescue (Part 1): Understanding the OSHA requirements

Did you know that would-be rescuers account for more than 60% of all confined space deaths?

These deaths represent the number of workers who ran into a space during an emergency in an attempt to rescue a co-worker or friend.

But confined space hazards can quickly overwhelm the people inside. And the would-be rescuers often become victims themselves before they can even reach the original entrants.

That’s why it’s so important to have a rescue plan in place.

In a recent J. J. Keller & Associates, Inc. survey with 224 participants, 22% of employers felt that rescue preparedness was their biggest challenge regarding confined spaces.

So let’s review what federal OSHA requires for confined space rescue.

Key OSHA requirements

First, according to OSHA standard 1910.146(d)(9), employers must develop and implement procedures for the following:

Summoning rescue and emergency services.
Rescuing entrants from permit spaces.
Providing necessary emergency services to rescued employees.
Preventing unauthorized personnel from attempting a rescue.

This is where employers need to put on their critical thinking caps. Ask yourself: Do we have procedures for summoning rescue and emergency services? How do we rescue entrants from our permit spaces?

These conversations need to be had between the key players in your confined space operations. Supervisors, entrants, attendants, and safety personnel should develop and implement these procedures together.

Next, OSHA standard 1910.146(f) requires the entry permits to identify the following:

The rescue and emergency services that can be summoned and the means (such as the equipment to use and the numbers to call) for summoning those services.
The equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for entry and rescue.

To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant.

Next, OSHA standard 1910.146(i) lists the attendants' duties. And in terms of rescue, those duties include:

Summoning rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards.
When the employer's permit entry program allows attendant entry for rescue, attendants may enter a permit space to attempt a rescue if they have been trained and equipped for rescue operations as required by paragraph (k)(1) of this section and if they have been relieved by another attendant.
Performing non-entry rescues as specified by the employer's rescue procedure.

And finally, OSHA standard 1910.146(k) offers guidance on designating rescue and emergency services.

Essentially, employers must evaluate a prospective rescuer's ability to respond to a rescue summons in a timely manner. They must take the specific hazards involved into consideration when determining what a “timely” rescue means.

Selecting your rescue team

Employers have two options for designating rescue and emergency services:

Select an “in-house” team of employees to be designated for rescue operations.
Work with an outside contractor or emergency response team.

If the employer chooses to use an in-house team of employees, the employer must:

Train affected employees to perform assigned rescue duties.
Ensure that such employees successfully complete the training required to establish proficiency as an authorized entrant.
Train affected employees in basic first-aid and cardiopulmonary resuscitation (CPR). The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and CPR is available.
Ensure that affected employees practice making permit space rescues at least once every 12 months by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces.

Check out “Part 2” of this series, Confined Space Rescue (Part 2): Partnering with outside resources.

Key to remember: Employers must develop and implement rescue procedures for all permit-required confined space entry operations. Are you prepared?

2019-05-01T05:00:00Z

OSHA revises forklift safety QuickCard

OSHA has revised its Safe Forklift Operation QuickCard to include more tips for safe operation. The card describes ways to mitigate the risks associated with operating and working around forklifts. Hazards to employees include collisions, falls, tip-overs, and struck-by conditions.

In addition to guidance on safety training and forklift maintenance, the QuickCard offers basic forklift operator safety tips, including:

Always follow manufacturer’s instructions for vehicle operation
Always wear a seatbelt when provided
Never exceed the rated load and make sure the load is stable and balanced
Do not raise or lower the load while traveling
Keep a safe distance from platform and ramp edges
Be aware of other vehicles in the work area
Have clear visibility of the work area when loading and operating a forklift
Use proper footing and the handhold to enter the lift
Use horns at cross aisles and obstructed areas
Watch for pedestrians and observe the speed limit
Do not give rides or use the forks to lift people

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.

2025-09-30T05:00:00Z

Fire Prevention Week: Stopping lithium-ion battery fires before they start

October is fire prevention month, a time dedicated to raising awareness about fire safety in homes, workplaces, and communities. Each year, the National Fire Protection Association (NFPA) designates one week in October as Fire Prevention Week™, focusing on a specific theme to promote fire prevention efforts.

This year’s theme is “Charge into Fire Safety™,” which highlights the safe use, charging, and disposal of lithium-ion batteries. These devices are increasingly linked to fire incidents.

How can employers recognize lithium-ion safety during fire prevention week?

Provide fire safety training: Organize sessions on general fire prevention and lithium-ion battery safety. Cover topics like safe charging, storage, inspection, disposal, and emergency response.

Share resources: Distribute materials and safety posters throughout the workplace. Highlight key fire risks, including electrical hazards, clutter, and battery safety.

Review policies: Update fire safety policies and ensure all battery-powered equipment is used and maintained according to manufacturer guidelines.

Promote safe disposal: Set up battery recycling stations and educate employees on proper disposal methods for batteries and other fire hazards.

Conduct fire drills: Practice evacuation plans and ensure all employees know escape routes and assembly points.

How can workers stay safe with lithium-ion batteries at work and home?

How can workers stay safe with lithium-ion batteries at work and home? Workplaces often rely on rechargeable batteries and electrical equipment, which if mishandled, can pose serious fire hazards. To help prevent incidents, employees should:

Use only manufacturer-approved chargers and batteries.
Store batteries and flammable materials in cool, dry places, away from heat and moisture.
Inspect batteries and electrical equipment regularly for signs of damage.
Report any fire hazards or safety concerns immediately.
Participate in fire safety training and follow all workplace procedures.

Battery-related fires can happen at home just as easily as they can at work, especially with the growing number of personal devices such as smartphones, laptops, e-bikes, power tools, and electric vehicles. Here are some strategies to include:

Install smoke alarms and test them monthly.
Avoid charging devices on soft surfaces or near flammable materials.
Don’t use damaged or off-brand batteries and chargers.
Keep batteries out of reach of children and pets.
Recycle old batteries at approved centers; never throw them in the trash.
Create and practice a fire escape plan with your family.

Why focus on lithium-ion batteries?

Lithium-ion battery fires are an escalating concern across the United States. These batteries pose serious fire risks when damaged, improperly charged, or disposed of incorrectly. Fires involving lithium-ion batteries burn hotter and spread faster than traditional fires, making them especially dangerous.

Since 2017, incidents have increased by approximately 20% annually. According to the NFPA, urban areas face the highest risk. In New York City alone, 268 lithium-ion battery fires were recorded in 2023, resulting in 18 deaths. As the use of rechargeable devices and electric vehicles continues to grow, these fire incidents are expected to rise nationwide.

Key to remember: Lithium-ion batteries are becoming more popular and essential, but they must be handled responsibly. October’s annual focus on fire prevention is a great time to reinforce safety practices, educate workers, and take steps to prevent fires at work and at home.

2025-12-03T06:00:00Z

Under 100 employees? Top 10 OSHA pitfalls for non-construction

If you’re a smaller-size, non-construction employer, you know you have OSHA requirements. Yet, you may not have a team of safety professionals to ensure you stay on track. The good news is you have one trick up your sleeve! You can see where the peers in your size bracket went wrong. Reviewing the top 10 OSHA violations for your size may help you to tackle some of your bigger OSHA obligations. It will also give you an edge in an OSHA inspection if you can get “up to code” with these major standards.

Each year, OSHA identifies frequently cited standards for the previous fiscal year. While these violations can lead to costly penalties, they also reveal gaps in safety and health training, inspections, written safety plans, signs/labels, and other duties. Our table shows the top 10 non-construction violations in fiscal year 2025 for employers with fewer than 100 employees, as well as the three industries that violated them the most. (Data reflect October 2024 through September 2025.)

Rank	OSHA requirement	Top 3 violators
1	1910.1200 - Hazard communication (HazCom)	Fabricated metal product manufacturing Repair and maintenance Nonmetallic mineral product manufacturing
2	1910.134 – Respiratory protection	Fabricated metal product manufacturing Nonmetallic mineral product manufacturing Repair and maintenance
3	1910.178 – Powered industrial trucks	Fabricated metal product manufacturing Warehousing and storage Merchant wholesalers, durable goods
4	1910.147 – The control of hazardous energy (lockout/tagout)	Fabricated metal product manufacturing Plastics and rubber products manufacturing Food manufacturing
5	1910.212 – Machine guarding	Fabricated metal product manufacturing Plastics and rubber products manufacturing Machinery manufacturing
6	1903.19 – Abatement verification	Wood product manufacturing Nonmetallic mineral product manufacturing Fabricated metal product manufacturing
7	1910.303 – Electrical – General	Fabricated metal product manufacturing Warehousing and storage Food manufacturing
8	1910.132 – Personal protective equipment (PPE) – General requirements	Fabricated metal product manufacturing Administrative and support services Merchant wholesalers, durable goods
9	1910.305 – Electrical – Wiring methods, components, and equipment for general use	Fabricated metal product manufacturing Food manufacturing Warehousing and storage
10	Section 5(a) of OSH Act – General Duty Clause	Administrative and support services Fabricated metal product manufacturing Warehousing and storage

Breaking it down

The HazCom standard rose to first place on our list of violations for non-construction employers with less than 100 employees. HazCom is about the employees’ right to understand the hazardous chemicals they are exposed to at work. That standard was followed by the Respiratory Protection and Powered Industrial Trucks standards. Three industries dominated the violations for all three — fabricated metal product manufacturing, repair and maintenance, and non-metallic mineral product manufacturing.

Citations in our top 10 were heavily concentrated in manufacturing industries, perhaps not surprising as these work environments can present a wide range of hazards such as chemicals, moving machinery and equipment, and temperature extremes. However, don’t let that fool you! Any general industry employer could be slapped with the violations in our list, if applicable. Don’t forget that OSHA can use the General Duty Clause (our number 10 violation on the list) to cite serious, recognized hazards for which no regulatory standard exists, such as heat, ergonomics, workplace violence, and unanchored metal racks.

Interestingly, food manufacturers were roped in the top three violators for lockout/tagout and electrical citations. Because employees in this industry may perform equipment maintenance or otherwise be exposed to hazards during this maintenance, lockout/tagout covers these activities. OSHA’s electrical standards are designed to protect employees exposed to dangers such as electric shock and electrocution. Section 1910.303 applies to the examination, installation, and use of electrical equipment, particularly the safety of equipment like appropriate markings, space around equipment, and guarding of live parts. Red flags for OSHA compliance officers are blocked electrical panels, missing markings on electrical panels, and improper use of PPE. Section 1910.305 applies to grounding; temporary wiring; cable trays, boxes, and fittings; switches and panelboards; enclosures for damp or wet location; insulation; and flexible cords and cables. OSHA will look for things like burned electrical outlets, damaged extension cords, and lack of training for employees doing electrical work.

Number six on the list, abatement verification, was a surprise. Under 1903.19, “abatement” means action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard identified by OSHA during an inspection. OSHA sets a date for hazards to be corrected, and employers must:

Certify and document that the hazards are corrected;
Submit an abatement plan and/or a progress report, in some cases; and
Inform affected employees and their representative(s) about abatement activities by posting a copy of each document submitted to OSHA or a summary of the document near the place where the violation occurred.

Failure to abate a cited hazard can cost you $16,550 per day beyond the abatement date, up to 30 days. That amounts to almost $500,000 per citation in addition to the original penalty amount!

Key to remember: Although the top violators in our list were concentrated in manufacturing in fiscal year 2025, all small, non-construction employers who fall under OSHA jurisdiction can use the top 10 table to strengthen their safety programs, protect their workforce, and reduce their chances of a citation.

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