OSHA to adopt a COVID-19 regulation

What’s happened?

A quick look at the rule’s development shows:

• 7/28/2025 — OSHA received a petition for rulemaking that covers obligations for ladder retrofits under 1910.28(b)(9).
• 9/15/2025 — OSHA posted a memo confirming it intends to eliminate 1910.28(b)(9)(i)(D).
• 12/18/2025 — OSHA sent its Walking-Working Surfaces (WWS) - Fixed Ladders proposal to the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA).
• 1/13/2026 — OIRA and OSHA met with the American Fuel and Petrochemical Manufacturers (AFPM).
• 1/21/2026 — OIRA and OSHA met with the Employers OSHA Modernization Coalition.
• 1/27/2026 — OIRA plans to meet with attorneys representing the American Petroleum Institute (API).

What did the petition request?

The seven-page petition, written by legal counsel on behalf of the AFPM, API, and American Chemistry Council (ACC), requests that OSHA:

• Withdraw the provision under the WWS standard for fixed ladders that extend more than 24 feet to be equipped with personal fall arrest systems (allowing the continued use of ladder cages or wells); or
• Grandfather fixed ladders installed before a particular date (authorizing the continued use of existing ladder cages or wells for those ladders).

Unjustified provision?

Petitioners argue that OSHA, in its 2010 proposed WWS rule, failed to:

• Take comments on the effectiveness of cages in protecting workers from falls,
• Disclose that the agency was evaluating whether to prohibit cages, and
• Give stakeholders a chance to submit evidence regarding cages.

The petition outlines the differences between the earlier proposed and final rules, noting that the 2010 proposal gave employers the choice to use any of four fall-protection types — cages, wells, ladder safety systems, or personal fall protection systems. However, the 2016 final rule gave a 2036 phase-out date for cages and wells.

The petition goes on to contend that:

• OSHA lacks sufficient evidence to justify prohibiting cages and wells;
• Data collected during the rulemaking process leaned toward preserving employer choices for fall protection; and
• Although the 2016 rulemaking preamble acknowledged the shift away from cages and wells, it did not fully discuss evidence in favor of cages and wells.

Other arguments in the petition

The petition raises several points questioning the benefits of paragraph (b)(9)(i)(D), stating that:

• In the past decade, AFPM, API, and ACC facilities have suffered only a few injuries, with no fatalities involving cages and wells;
• Cages offer passive protection, whereas ladder safety systems and personal fall arrest systems require workers to take action to comply;
• Personal protective equipment (PPE) lies at the bottom of the hierarchy of controls;
• Safety risks also exist for ladder safety systems and personal fall arrest systems; and
• Installing new ladders or retrofitting existing ones introduces hazards to those performing that work.

Finally, the petition addresses significant compliance costs, estimating several billion dollars for tens of thousands of ladders at U.S. refineries alone. Petitioners also cited additional expenses for rerating pressure vessels and engineering any process equipment changes.

What does OSHA say?

OSHA officially announced in a September 2025 memo that it is proposing to remove 1910.28(b)(9)(i)(D). The agency calls it a deregulatory action in line with Executive Order 14192. The memo reasons, “OSHA anticipates this change will allow employers to update their ladders when the ladders reach the end of their service lives, accommodating the lengthy service life of fixed ladders, while significantly reducing costs and offering greater flexibility.”

The WWS - Fixed Ladders proposal reached OIRA on December 18. OIRA typically takes 90 to 120 days for review, but recently a maximum 28-day review period for deregulatory actions was implemented. That means we anticipate OIRA will rush this proposal, so that OSHA may publish it in the Federal Register.

Key to remember

An upcoming OSHA proposal would withdraw 1910.28(b)(9)(i)(D). The rule was spurred by a petition.

What’s changing and why it matters

Although EPA has been deregulating or loosening some requirements, there are still some standards being tightened across multiple fronts in the coming year:

• Renewable fuel standards (RFS): The EPA proposed higher volume requirements for 2026, including 24.02 billion renewable identification numbers (RINs), up nearly 8% from 2025. This increase pushes stricter expectations on fuel producers and organizations purchasing renewable fuels.
• Stormwater multi-sector general permit (MSGP): A new MSGP set to take effect by February 2026 will require quarterly PFAS indicator monitoring, expanded benchmark sampling, and resiliency measures in stormwater control designs.
• PFAS Reporting under the Toxic Substances Control Act (TSCA): TSCA Section 8(a)(7) mandates PFAS manufacturing and import data collection beginning in April 2026, through October 2026, with extended deadlines for certain small manufacturers.

Failure to prepare could lead to fines, reputational damage, supply chain disruptions, and permit delays. Companies that weave compliance planning into their 2026 strategy will be positioned not just to meet legal deadlines but to sustain operations smoothly.

Key areas of impact

• Renewable fuel standards (RFS) and air emissions The proposed increase in 2026 Renewable Identification Numbers (RIN) volumes, from 24.02 billion to 24.46 billion for 2027, signals tightening air and fuels policy that affects fuel use and emissions accounting.
• Stormwater management The upcoming 2026 MSGP requires expanded quarterly PFAS monitoring, new benchmark triggers, corrective action plans, and integration of climate resilience in design standards.
• PFAS disclosure (TSCA Section 8(a)(7)) Manufacturers and importers of PFAS must submit electronic reporting of usage, volumes, disposal, and exposure data between April and October 2026, with extensions available for smaller operations.

Steps to take now

• Audit compliance programs: Cross-check operations against RIN inventory, stormwater permits, and TSCA reporting duties.
• Upgrade monitoring and recordkeeping: Implement robust electronic systems to track PFAS, stormwater quality, fuel volumes, and emissions.
• Staff training: Educate teams on PFAS obligations, new stormwater protocols, and RFS structures.
• Engage regulators early: Comment on proposed rules, consult during permit drafting, and flag issues during the notice-and-comment period.

Looking ahead

The EPA’s 2026 updates reflect a trend toward increased transparency and environmental accountability. Companies that treat compliance as strategic will not only avoid enforcement but also gain resilience and stakeholder trust.

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

Data centers and air permitting

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

What EPA is doing

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

Why this matters for other regulated facilities

• Attainment status at risk

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

• Power demand competition

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

• Stricter air quality modeling requirements

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

Broader regulatory shifts

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

What non-data center facilities should do

• Stay informed

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

• Engage early

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

• Plan for power

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

• Choose sites wisely

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

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

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:

When will the changes take effect?

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

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

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

FMCSA’s guidance on second opinions

According to the Federal Motor Carrier Safety Administration (FMCSA) guidance, a driver who receives a disqualified status may seek a second opinion from another National Registry Certified Medical Examiner.

However, the process has important requirements:

• Drivers should obtain permission from their motor carrier before scheduling a second exam. Carrier that allow drivers to seek a second opinion may choose which Certified Medical Examiner drivers visit.
• Carriers should maintain a list of approved medical vendors to ensure consistent and reliable examinations. Understanding these rules helps carriers manage risk and maintain compliance.
• Carriers, however, should also watch out for these four areas of compliance that, if not followed, could steer them off course when it comes to driver medical exams.

Four watch-outs for motor carriers

1. Drivers must provide the same health information to every examiner

Drivers are required to give complete and truthful medical information at each exam. If a driver withholds or changes information to obtain a medical certificate from a second examiner, it can create serious problems:

• Drivers can face civil penalties.
• Motor carriers may also be liable if the driver is involved in a crash and was certified based on incomplete or inaccurate information.
• Motor carriers could inadvertently place a medically unfit driver behind the wheel of a commercial motor vehicle .
• Let’s say a driver previously reported severe fatigue that raised concerns about possible sleep apnea. That information must be shared with any second examiner. Withholding it in hopes of receiving a 2-year medical card creates significant compliance, legal, and safety risks to both the driver and motor carrier.

2. Carriers aren’t required to review the 'long form' medical report

Motor carriers aren’t required to obtain or review the driver’s DOT Medical Examination Report Form MCSA-5875 (long form). Without this information, it may be difficult for carriers to determine whether the driver disclosed accurate medical history during a second exam.

Carriers that choose to collect or review long form medical information must:

• Obtain written consent from the driver.
• Work closely with HR to ensure a consistent and compliant policy.
• Use clear procedures for authorizing and storing medical information.

3. The FMCSA receives all exam results

All DOT medical exam results are submitted to the FMCSA National Registry. This means:

• A disqualified exam will appear in the driver’s National Registry record.
• If the driver quickly receives a second exam that results in a valid certification, the FMCSA may choose to review the situation more closely.

4. Carriers should watch for ‘doctor shopping’

Motor carriers should be alert for patterns that may indicate drivers are "doctor shopping.” Drivers who repeatedly seek new examiners that will overlook medical concerns pose risks for carriers. The FMCSA frowns upon “doctor shopping” because it undermines the integrity of the medical certification process. Carriers that allow drivers to do this will certainly raise red flags with the FMCSA if multiple exams occur within a short time frame.

Key to remember: Allowing a second opinion can be appropriate when handled correctly, but it must be managed carefully. Carriers should communicate clear guidelines to drivers, understand the FMCSA requirements, and maintain strong internal policies to protect both the company and the public.

8 levels of inspection

The CVSA has eight levels of roadside inspections. Each level has a varying degree of emphasis and detail. Although Roadcheck 2026 will involve mostly Level I comprehensive driver/vehicle inspections, drivers (and their vehicles) should be prepared for all inspection types every day of the year.

• Level I: Comprehensive driver/vehicle: Examination of driver documents, plus a detailed inspection of the vehicle.
• Level II: Cursory driver/vehicle: Examination of driver documents, plus a simple inspection of the vehicle.
• Level III: Driver: Examination of documents and items related to the driver.
• Level IV: Targeted: A one-time examination of a specific item, such as a driver’s record of duty status or a vehicle component.
• Level V: Vehicle: Detailed inspection of the vehicle only.
• Level VI: Radioactive cargo: Inspection of certain types of radioactive cargo.
• Level VII: Jurisdictional: An inspection mandated by a jurisdiction that doesn’t meet the requirements of any other level of inspection.
• Level VIII: Electronic: Conducted wirelessly or remotely, not necessarily requiring interaction with an inspector.

Overview of OSHA requirements

The Occupational Safety and Health Administration (OSHA) outlines employers’ obligations relating to walking-working surfaces in 29 CFR 1910 Subpart D. The regulations apply to general industry, including trucking enterprises.

OSHA’s regulations offer an employer flexibility, presenting multiple options as it decides which fall protection method or system works best for its operation.

Employers can utilize guardrails and handrails, covers, personal fall protection, designated areas, and safety net systems. The regulation also requires employers to:

• Identify and evaluate slip, trip, and fall hazards and provide appropriate personal protective equipment (PPE) (i.e., personal fall protection) under requirements in 29 CFR 1910 Subpart I, “Personal Protective Equipment.”
• Conduct regular and periodic inspections and maintenance of all walking-working surfaces in their workplace.
• Determine the inspection frequency for all surfaces including ramps, stairs, etc., and document that inspections were performed on schedule.
• Provide training that enables employees to recognize the hazards of falling and the procedures to be followed to minimize these hazards, including the use of personal fall protection, proper ladder climbing techniques, etc.

How does this rule impact motor carriers?

When it comes to specific OSHA requirements, such as “Walking-Working Surfaces,” it often boils down to control. It goes almost without saying that Subpart D impacts a motor carrier’s on-site workers such as technicians, yard jockeys, dispatchers, managers, and the office staff. The company is responsible for the environments they work in and walk in.

But what about drivers?

The motor carrier’s responsibility under the walking-working surfaces requirements applies when drivers are at the carrier’s facility. This may include, for example, pretrip or post-trip vehicle inspections and the surfaces drivers encounter as they walk around the employer’s terminal.

However, the walking-working surfaces requirements don’t apply to time the drivers spend on the road or at locations outside of the motor carrier’s control, such as shippers, receivers, and truck stops. Providing safe walking-working surfaces is the responsibility of those establishments, not the carrier.

Any hazards at the shipper or receiver’s facility that the driver is exposed to would be the customer’s responsibility and potential OSHA citations.

Best practices for drivers

Best practices for drivers In the case of remote workers such as commercial drivers, the motor carrier should consider risk management best practices. Examples include:

• Developing policies and procedures and providing employee training on OSHA topics such as walking surfaces,
• Providing drivers with PPE,
• Addressing any safety concerns the driver has about customer sites, and
• Investigating and acting on claims that their drivers are behaving in an unsafe manner at a customer’s facility.

Key to remember: For motor carriers, responsibilities under OSHA’s walking-working surfaces may end when a driver pulls out of the lot. But slips, trips, and falls can happen anywhere your driver walks and works. Train and equip all employees to prevent incidents in work environments outside of the motor carrier’s control.

What are adverse driving conditions?

The Federal Motor Carrier Safety Administration (FMCSA) defines adverse driving conditions as weather or road conditions that could not have been known at the time of dispatch. This exception is meant to cover unexpected events, things a driver could not reasonably plan around. If conditions were forecasted, the ADC exception does not apply.

What does the exception allow?

When adverse conditions arise unexpectedly, a driver can drive up to 2 additional hours after the limits have been reached. Extending the driving time does not decrease the rest requirements. The exception cannot be used if the driver would not have been able to arrive on time, under normal conditions.

If a driver begins a trip and several hours into a trip, an unpredicted storm drops visibility, ADC may be used to complete the trip. A blizzard that was in the forecast for several days, would not qualify for this exception because the conditions were predicted in advance.

What is an Emergency Relief Order?

EROs are issued by state or federal authorities during significant events affecting public safety or essential supply chains. These orders temporarily modify HOS rules for drivers providing direct emergency assistance. Common examples of when these orders would be issued in the summer are:

• Widespread freezing temperatures that cause energy shortages,
• Major storms that disrupt supply chains and,
• Emergency transport of essential items like fuel, food and, medical supplies.

What does an ERO allow?

Each order is different, but they may allow:

• Temporary suspension of some or all HOS limits,
• More flexibility for drivers hauling emergency-related freight and,
• Apply across and entire state or region.

EROs should only be used when an official declaration is in place. Time limits are placed on these orders, so it is important to stay informed. The driver must be carrying emergency-related freight and, the carrier should notify the driver when they can and cannot use the exception.

Safety first, safety always

Neither of these exceptions override safety. Even with extra driving time, drivers should make good choices.

• Slow down in snow and ice,
• Increase following distance,
• Stop if conditions become unsafe and,
• Never drive fatigued.

The law gives flexibility in special circumstances, but it never removes the driver’s responsibility to operate safely.

Key to remember: Winter brings unique challenges for commercial drivers, but knowing the difference between Adverse Driving Conditions and Emergency Relief Orders helps ensure you stay safe, legal, and prepared.

Spotting the scam

According to FMCSA, the emails aren’t coming from any legitimate government source, despite appearing official. Many messages include branding, signatures, or formatting similar to authentic USDOT or FMCSA correspondence. However, the agency stresses that official communication almost always comes from email addresses ending in .gov. The only exception is when FMCSA sends customer satisfaction surveys following interactions with its Contact Center, and those messages never request personal or financial information.

Investigators note that fraudulent emails often contain links directing users to suspicious, non government domains. One example cited by FMCSA includes a URL resembling an FMCSA service site but ending in an unfamiliar extension. These links are designed to harvest data or pressure carriers into paying bogus fees.

FMCSA emphasized that it never solicits sensitive information such as Social Security numbers, bank details, Unified Carrier Registration (UCR) payments, or PIN numbers through unsolicited emails or phone calls. Any legitimate request for such information must be initiated by the carrier through official FMCSA channels.

How to verify authenticity

Motor carriers are urged to remain vigilant. Officials recommend both hovering over links to verify the true destination before clicking and double checking that any website link ends in .gov. If there is any uncertainty, carriers should contact FMCSA directly through its official help portal or by calling the agency’s Call Center at 1-800-832-5660.

Those who receive suspicious emails are advised not to click links, open attachments, or reply to the sender. Instead, FMCSA encourages reporting the incident to the FMCSA Contact Center. Additional guidance on identifying phishing attempts is available through the Federal Trade Commission.

As cybercriminals continue to target the transportation sector, FMCSA urges carriers to stay alert and verify all unexpected communications to protect their businesses and industry partners.

1. Maintain required records

Section 380.725 of the Federal Motor Carrier Safety Regulations (FMCSRs) lists the specific records that must be maintained by all ELDT providers on FMCSA’s Training Provider Registry (TPR). During an ELDT audit the investigator will ask for and review the following ELDT-specific records:

• Self-certifications by all behind-the-wheel driver-trainees stating that they will comply with:
  • The regulations in Parts 40, 382, 383, and 391; and
  • State and/or local laws related to alcohol and controlled substances testing, age, medical certification, licensing, and driver records;
• A copy of the driver-trainee’s commercial learner’s permit (CLP) or commercial driver’s license (CDL);
• Instructor qualification documentation:
  • Listing each instructor’s driving and/or training experience, and
  • A copy of each instructor’s current and valid CDL and applicable endorsements;
• Lesson plans for theory and behind-the-wheel (range and public road) training curricula; and
• Records of each driver-trainee’s ELDT assessments.

2. Ensure TPR data is current

Another issue being addressed is the activity or inactivity within the ELDT provider’s TPR profile. To remain on the TPR, an ELDT provider needs to periodically update its data on the TPR. This includes:

• Updating the Entry-Level Driver Training Provider Registration Form at least once every two years (biennially); and
• Reporting changes to key information to FMCSA within 30 days of the change. This includes changes to the:
  • Training provider’s name, address, or phone number;
  • Type(s) of training offered; and
  • Training provider’s status, and, if applicable, any change in state licensure, certification, or accreditation status.

3. Meet any applicable state requirements

In addition to the ELDT requirements, many states have requirements that must be met by schools and entities providing CDL instruction. In many cases these requirements apply to schools or entities that offer instruction for tuition or a fee.

As part of the process to be listed on the TPR, a school or entity certifies that they are licensed, certified, registered, or authorized to provide training as required by the laws and regulations of the state where in-person training is conducted.

During an audit, the investigator will ask for documentation of state licensure, registration, or certification to verify that the provider is authorized to provide training in the state. This also confirms that the school or entity correctly certified that they are meeting state requirements on their TPR application.

Key to remember: Ensuring that all records are complete and up to date is key when it comes to having a successful ELDT audit.

Inpatient care explained

Inpatient care is an overnight stay in a health care facility. If the employee or family member had an overnight stay, it’s an FMLA serious health condition regardless of how many days of work the employee missed.

If the employee or family member did not have an overnight stay, employers move on to the continuing treatment part of the definition.

Continuing treatment defined

A serious health condition involving continuing treatment includes the following:

• A period of incapacity of more than three, consecutive, full calendar days, and any subsequent treatment that also involves:
  • Treatment two or more times within 30 days of the first day of incapacity by a health care provider, or
  • Treatment at least once, resulting in a regimen of continuing treatment.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity (or treatment for) a chronic serious health condition requiring treatments at least twice per year and continuing over an extended period of time. These may cause episodic rather than continuing periods of incapacity.
• A period of incapacity for a permanent or long-term condition in which treatment may not be effective.
• Any period of absence to receive multiple treatments (i.e., chemotherapy, radiation, physical therapy, dialysis), for restorative surgery, or for a condition that would likely result in a period of incapacity of more than three consecutive, full, calendar days if treatment isn’t received.

Not all parts of the definition above will apply to a particular situation. The only part of the continuing treatment segment that involves three days, for example, falls under the first bullet. For all the other parts, any period of incapacity would be FMLA leave. An employee doesn’t need to miss three days of work.

Focus on incapacity not absence when applying FMLA leave

The period of more than three days applies to how long the individual is incapacitated, not how many days of work the employee missed. If, for example, an employee who normally works Monday through Friday suffers a serious health condition on Friday evening and is incapacitated until Wednesday, the period of incapacity is more than three days. The employee missed only two days of work, but those two days would be FMLA leave.

Failure to designate an absence as FMLA leave when it is called for risks a claim that the employer interfered with the employee’s FMLA rights.

Key to remember: Employees don’t have to miss three days of work to trigger an employer’s FMLA obligations.

The story

Megan, an employee, had a disability. She asked to work fewer hours as a reasonable accommodation and gave her employer medical documentation to support her request. The employer approved the accommodation.

Megan also took time off under the federal Family and Medical Leave Act (FMLA) for which she supplied a certification.

Eventually, Megan asked to be reassigned to an open, part-time position as a reasonable accommodation. She applied for three vacant positions.

Before the employer proceeded with Megan’s reassignment request, it told her that she had to provide updated documentation. While waiting for the documentation, the employer paused the accommodation process. Several months later, Megan provided the documentation, but by then, the employer had filled the positions.

Megan went to the EEOC, and the agency sued the employer on her behalf.

The claim

The EEOC alleged that the employer violated the ADA by failing to reassign Megan to a vacant position as a reasonable accommodation.

The employer argued that Megan didn’t provide updated medical documentation before it filled all three positions. As a result, the employer claimed, it didn’t have to consider her accommodation request.

The decision

The court said it’s true that, generally speaking, employers have the right to ask for documentation on the medical necessity of an employee’s accommodation.

Case law doesn’t, however, say that employers may take no action on an employee’s request or pause the interactive process entirely when it’s already on notice of an employee’s disability.

Megan already gave the employer medical paperwork on two occasions:

1. When receiving an earlier reasonable accommodation, and
2. When taking FMLA leave.

The court found, therefore, that the employer’s requirement that Megan give it updated medical documentation before it took any action on Megan’s transfer request was done in bad faith. The employer already had sufficient information.

Thus, the court said, there was no general legal requirement that an employee who’s already provided medical documentation must provide more before triggering the employer’s obligation to continue the ADA interactive process.

Equal Employment Opportunity Commission v. William Beaumont Hospital d/b/a Beaumont Health System, Eastern District of Michigan, No. 23-cv-11560, 19 November 2025.

Key to remember: Employers that already have paperwork supporting an employee’s accommodation request shouldn’t ask for updated documentation, and they shouldn’t hold off on providing an accommodation while waiting.

What is an establishment?

When it comes to figuring out who needs to submit OSHA injury and illness records, the first thing to understand is that these requirements apply to each establishment, not necessarily to the company as a whole. That raises the question, what exactly is considered an “establishment”?

OSHA defines an establishment as a single physical location where business is conducted or where services or industrial operations are performed. In plain language, if your company has multiple plants, offices, or warehouses, each one is usually considered its own establishment for reporting purposes.

But there’s a twist. Under 29 CFR 1904.46, the Agency makes an exception for situations where several buildings are close together and operate as one business unit. Think of a campus or a group of facilities under the same management and performing the same business activities, those are generally treated as a single establishment. On the other hand, if those buildings are spread out, run independently, or differ in the work they do, then each location counts as its own establishment.

Who must submit?

Armed with a better understanding of what an establishment is, you can determine if you need to submit electronically and what must be submitted? The answer depends on establishment size, industry classification, and recordkeeping obligations under Part 1904 including the following categories:

Large establishments in any industry:

• Companies with 250 or more employees at any time during the previous calendar year, and
• Required to keep OSHA injury and illness records.
• Submit OSHA Form 300A

Medium-sized establishments in specific industries

• Companies with 20–249 employees at any time during the previous calendar year, and
• Industry is listed in Appendix A to Subpart E (designated industries).
• Submit OSHA Form 300A

Examples can include construction, manufacturing, and transportation.

Certain high-hazard industries

• Companies with 100 or more employees at any time during the previous calendar year, and
• Industry is listed in Appendix B to Subpart E (high hazard industries).
• Submit OSHA Forms 300A, 300, and 301

Examples can include hospitals, food manufacturing plants, and waste treatment facilities.

What if my organization doesn’t fit in with the listed categories?

Keep in mind that unless your establishment falls into OSHA’s required categories, you usually don’t have to submit injury and illness data electronically through the Injury Tracking Application (ITA), unless OSHA specifically notifies you that electronic submission is required.

That said, being exempt from electronic submission does not eliminate your other OSHA recordkeeping responsibilities under 29 CFR Part 1904. If you are required to keep injury and illness records, you must still:

• Maintain OSHA Forms 300, 300A, and 301 for five years following the end of the calendar year they cover, and
• Post the OSHA 300A Annual Summary in a visible location each year from February 1 through April 30, even if no recordable injuries or illnesses occurred.

When to submit?

If you have determined you must electronically submit your records, then the last piece of the puzzle is knowing the submission deadline. The electronic submission window for the previous calendar year’s data runs January 2 through March 2 annually. For example, 2025 data must be submitted by March 2, 2026. Late submissions can still be made until December 31, but missing the March deadline may trigger compliance issues.

Actionable steps for compliance

• Confirm coverage: Determine whether your establishment is required to submit electronically by using OSHA’s ITA Coverage Tool, based on employee count and industry classification.
• Prepare required records: Ensure OSHA Forms 300 and 301 are complete and accurate for the reporting year, and complete and certify Form 300A by January 31 as required.
• Review for accuracy: Verify employee counts, NAICS codes, and consistency across all forms to minimize submission errors or rejections.
• Protect employee privacy: Ensure personally identifiable information (PII), such as employee names, addresses, and healthcare details, is not included in electronic submissions.
• Submit through OSHA’s ITA: Submit the required data to OSHA’s ITA using manual entry, csv file upload, or API integration, depending on the number of establishments and internal systems.

Key to remember: Electronic submission requirements are based on establishment size and industry classification. Keep in mind, even if you’re not required to submit data electronically, you may still be required to keep injury and illness records, retain them for five years, and post the OSHA 300A every year.

Topics and worker types covered

Topics addressed by these bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence. Federal OSHA does not have comprehensive standards for any of those hazards. Some existing standards are related — sanitation, first aid, personal protective equipment, and injury/illness recordkeeping and reporting.

Without comprehensive standards, OSHA may turn to enforce these hazards under the General Duty Clause (GDC), Section 5(a)(1) of the Occupational Safety and Health Act. Yet, the GDC poses a high bar for inspectors. OSHA can only cite under Section 5(a)(1) if the alleged hazard: exists, is recognized, is serious, and has a feasible means to reduce that hazard.

If any one of the four criteria is missing, a GDC citation will not hold. On the other hand, putting a standard in place both mandates protections and makes it much easier for OSHA to cite employers for the hazards.

Worth noting, some of the bills specifically cover domestic workers, firefighters, warehouse workers, public sector workers, and healthcare and social service workers.

Nine bills to watch

Below are the nine Congressional bills (and companions) currently under consideration:

• LET’S Protect Workers Act, H.R. 6597 — Introduced 12/10/2025. This bill would raise civil monetary penalties for employers that violate occupational safety and health requirements. Willful and repeat violations would jump to $800,000 each. The bill would also direct OSHA to close a loophole that prevents citations for failing to maintain required injury and illness records if the violation is not discovered within six months. Instead, every day an employer fails to make or maintain a record during the five-year record retention period would be a violation.
• Domestic Workers Bill of Rights Act, S. 3396 and H.R. 3971 — Introduced 12/9/2025 and 6/12/2025, respectively. This bill would require a board to make recommendations to OSHA for standards that affect the well-being of domestic employees, including infectious diseases protections.
• Healthy Lungs for Heroes Act, S. 3183 — Introduced 11/18/2025. This bill would require OSHA to develop an appropriate exposure limit for wildfire smoke for wildland firefighters and supporting staff where current PELs are not a good fit for wildfire situations. The bill would also require the incorporation by reference of a National Fire Protection Association standard on respirators for wildland fire-fighting operations.
• Warehouse Worker Protection Act, H.R. 4896 and S. 2613 — Introduced 8/5/2025 and 7/31/2025, respectively. This bill would require OSHA to publish a standard for ergonomic program management with elements including hazard identification, job evaluations, hazard control, training, and medical management. The bill also calls for OSHA to publish a standard on first aid and employer-provided occupational medicine consultation services. Finally, it would update the Occupational Safety and Health Act (OSH Act) so a contest notice would not stay abatement of a violation.
• Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act, H.R. 4443 and S. 2298 — Both introduced 7/16/2025. These bills would require OSHA to promulgate a standard to protect workers from heat-related injuries and illnesses. Such a standard may have measures like engineering controls, administrative controls, personal protective equipment, medical and emergency protocols, training, and a written plan.
• Recognizing that climate change poses a growing threat to public health and necessitates coordinated action to mitigate its impacts and safeguard the health and well-being of all people in the United States, H.Res. 568 and S.Res. 318 — Both introduced 7/10/2025. These bills say that OSHA “should” promulgate a worker heat protection standard that, in accordance with the best available evidence, establishes the highest degree of health and safety protection feasible.
• Protecting America’s Workers Act, H.R. 3036 — Introduced 4/28/2025. This bill would require OSHA to update its incorporations by reference of national consensus standards, with some exceptions. The bill makes other changes to the OSH Act to expand coverage to public sector workers, increase protections, and raise penalties.
• Safe Workplaces Act, H.R. 2647 — Introduced 4/3/2025. This bill taps OSHA to issue nonmandatory guidance on activities and work practice controls that can be implemented at work to reduce workplace violence.
• Workplace Violence Prevention for Health Care and Social Service Workers, H.R. 2531 and S. 1232 — Both introduced 4/1/2025. These bills mandate OSHA to issue a standard that requires covered employers within the healthcare and social service industries to develop and implement a comprehensive workplace violence prevention plan. The plan must include procedures and methods for risk assessment and identification of risks, hazard prevention and controls, reporting and investigation, emergency response, and training.

Key to remember

Several bills in Congress would modernize the OSH Act and mandate OSHA rulemaking to strengthen or increase worker protections.

The explosive truth in one month

Two southern factories are great examples of how safety “hints” can turn deadly when not enough attention is given to workplace warnings. A Tennessee factory and a Kentucky plant both could have possibly averted October 2025 catastrophes, by looking a little further into signs and symptoms of existing dangers.

Tennessee OSHA (TOSHA) had cited a munitions factory with safety violations six years prior to its October 10th explosion after investigating why multiple employees were having seizures and other symptoms of dangerous chemical exposures.

Air monitoring confirmed that employees likely weren’t exposed to explosive cyclonite powder through inhalation. However, the inspection revealed that employees were not adequately protected from exposure through ingestion or skin absorption. Inspections found that employees were being exposed to surface contamination and ingestion risks from being allowed to consume food and beverages without proper hygiene practices being enforced.

The U.S. Chemical Safety and Hazard Investigation Board (CSB), working closely with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), are still investigating the fatal explosion. The ATF believes the blast originated where mixed explosive materials were heated in production kettles followed by additional explosions occurring on the same floor of the facility after the original blast.

Just north and a few days earlier, an explosion occurred at a Kentucky chemical plant thought to be caused by an overflow of calcium carbide from a furnace. Though OSHA and local law enforcement continue to investigate, a preliminary review revealed that the calcium carbine actually landed on the ground, contributing to the explosion.

Though the explosion didn’t result in any fatalities, the same factory had experienced an explosion in March 2011 that did claim the lives of two workers while injuring two others. The CSB concluded the explosion was due to an electric arc furnace that over-pressurized, ejecting solid and powdered debris, flammable gases, and molten calcium carbide toward the workers. Accumulations of hazardous carbide and water were also thought to have contributed to the incident.

Looking back

In retrospect, if each employer had identified the potential for an explosive environment, based on prior incidents and employee exposures, and taken appropriate protective measures, the events of October 2025 could have been avoided.

By performing thorough investigations into how explosive materials were accumulating, and by implementing necessary changes to eliminate exposure risks, almost 20 lives might have been saved, and numerous serious injuries as well as extensive damage to both facilities could have been prevented.

Employers can reduce the risk of workplace explosions and fatalities by adopting a proactive approach that includes comprehensive safety protocols through:

• Performing workplace risk assessments and process hazard analysis;
• Conducting regular inspections to ensure proper ventilation and housekeeping;
• Managing ignition sources and flammable materials by using appropriate storage and handling procedures;
• Implementing explosion prevention systems that detect, isolate, and suppress explosive conditions;
• Maintaining infrastructure and equipment by addressing sparking concerns, faulty wiring, leaks, and instrumentation malfunctions;
• Training employees in recognizing explosion risks and safe work practices;
• Promoting a safe work culture through preparedness training, committees, and other employee engagement; and
• Complying with OSHA and other related standards.

Key to remember: Ignoring safety warnings not only endangers lives but also leads to preventable tragedies that impact employees and their families, operations and the community, and often, organizational reputation.

Mental health vs. physical safety

Unlike physical safety measures, such as machine guarding, which is objective and relatively easy to regulate, mental health is inherently subjective. This makes it far more challenging to address using clear-cut regulations. OSHA’s past attempts to regulate ergonomics and current efforts around heat illness illustrate this difficulty. Human variability, differences in physiology, acclimation, and personality, makes one-size-fits-all rules nearly impossible. Mental health is even more complex because it’s deeply tied to individual experiences and perceptions.

Currently, regulatory bodies like OSHA provide guidance for mental health in the workplace rather than enforceable standards. There is no definitive “doctrine” for mental health compliance, and much of what exists is based on expert opinion rather than codified law. This doesn’t mean organizations should ignore mental health. On the contrary, its impact on safety, productivity, and overall culture is undeniable.

The employer’s challenge

The challenge for employers has two parts. First, they need to decide what mental health means in their organization. Second, they need to find ways to measure its impact.

In manufacturing, where I’ve spent much of my career, I use data to judge whether changes are working. If I were starting a mental health program, I would look at clear measures, like productivity, before and after the program begins. While these numbers don’t prove cause and effect, tracking them over time can help show whether the program is making a positive impact.

Of course, workplaces are ever changing. External factors like economic conditions or incentive programs promoting initiatives can skew results. That’s why mental health strategies should be progressive and proactive, implement, measure, adjust, and repeat. Even if the data isn’t perfect, maintaining programs that foster well-being is better than doing nothing. Over time, consistent efforts will help build a culture where mental health is valued as much as physical safety.

Actions leaders can take now

• Normalize mental health conversations by encouraging open and judgment-free discussions. Leaders should lead by example by sharing how they handle stress.
• Train managers to notice warning signs by giving them simple tools to spot changes in behavior, mood, or job performance that may point to mental health concerns.
• Offer flexible work options such as flexible hours, remote work, or mental health breaks. These options help employees manage stress and balance work and life.
• Give employees access to support by providing Employee Assistance Programs (EAPs), counseling, and wellness apps. Make sure these resources are easy to find and use.
• Include mental health in safety programs by treating it as part of overall workplace safety. Add stress management and coping skills alongside physical safety training.
• Track and improve mental health efforts by watching trends like attendance, engagement, and productivity. Use employee surveys to understand how people feel and improve programs.

Key to remember: Mental health affects how people work, make decisions, and stay safe. When employers value mental well-being as much as physical safety, everyone benefits.

OSHA’s announcement on helmets vs. hard hats

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

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

The two main benefits of Type II safety helmets

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

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

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

Understanding the different types of head protection

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

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

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

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

Choosing the right head protection for your employees

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

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

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

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

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

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

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