PPE handout

PPE handout

2020-12-16T06:00:00Z

Evaluate your PPE program

PPE can be a significant portion of a company’s safety budget. If the use of PPE is readily apparent during an OSHA inspection, Compliance Safety and Health Officers (CSHO) will be concerned whether or not it’s being used properly. Make sure PPE fits properly. Careful consideration must be given to comfort and fit. PPE that fits poorly will not afford the necessary protection. Continued wearing of the device is more likely if it fits the wearer comfortably.

Protective devices are generally available in a variety of sizes. Care should be taken to ensure that the right size is selected. Adjustments should be made on an individual basis for a comfortable fit to maintain the protective device in the proper position. When PPE is required, you can allow workers to use PPE that they already own. Still, employers remain responsible for ensuring that this PPE is not defective or damaged.

Worker training

OSHA wants workers to understand their use of PPE fully. Make sure to train your workers on the following topics:

When and what PPE is necessary;
How to don, doff, adjust, and wear the PPE;
The limitations of PPE; and
The proper care, maintenance, useful life, and disposal of PPE.

These training requirements generally apply when PPE is used to protect the eyes and face, head, feet, and hands. Observe workers and ask them questions to determine whether they can understand the required training and their ability to use the PPE properly. Refresher training isn’t required annually or on any other set schedule, but be sure to retrain each affected worker when there are changes or the types of PPE used have made previous training obsolete.

OSHA does allow employers to depend on training provided by a previous employer. The Agency usually doesn’t issue a citation for a training violation if the inspector determines the worker has the requisite knowledge and skill through his or her prior experience.

PPE policies

Supervisors and managers are free to develop and implement workplace rules, such as reasonable and appropriate disciplinary policies, replacement schedules, and allowances to ensure that workers have and use the PPE provided. Evaluate your PPE program and make sure that workers are adequately protected from hazards.

Employers must pay for specialty footwear, OSHA says

In OSHA’s Criteria for PPE Standard, 1926.95(d)(2), the Agency says, “The employer is not required to pay for non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) ... provided that the employer permits such items to be worn off the job-site.”

Footwear with additional safety attributes beyond non-specialty safety-toe protective footwear falls under the employer payment requirement when it’s required for the job. This rule applies whether or not the employer allows its workers to wear the boots offsite (for personal use).

According to OSHA, the term “non-specialty” indicates that the footwear being exempted is not of a type designed for special use on the job.

OSHA requires that employers assess the hazards of the work environment and provide appropriate PPE as necessary. This is no different for cold work environments, although the hazards and limitations may be unique. This means that you may have to provide special winter clothing and/or make specific recommendations to workers who work in these conditions.

Cold weather PPE: Don’t be deterred by the blizzard of choices

Dressing properly is extremely important for preventing cold stress and related injuries and illnesses. From fabric choice to layering, the blizzard of choices can be overwhelming. Ensure that workers are dressed for success against the cold.

Fabric

The type of fabric worn during cold conditions makes a difference in preventing heat loss. Cotton looses its insulation value when it becomes wet. On the other hand, wool, silk, and most synthetics retain their insulation even when wet. Nonetheless, once a worker gets wet, they will quickly begin to feel cold and uncomfortable. Workers should bring extra dry clothes to work so they can change if their clothing gets wet.

Layers

When working in cold environments, wearing multiple clothing layers can keep a person warmer than wearing a thick, heavy clothing layer. Trapped air between the layers provides better insulation for the body. As such, at least three layers of loose-fitting clothing should be worn. If layers are too tight, they can restrict movement and decrease the insulating effects of the layers.

An inner layer of wool, silk, or synthetic fabric will help keep moisture away from the body. A middle layer of wool or synthetic will provide insulation even when wet. An outer layer, such as an insulated jacket, is often necessary, but an outer wind and rain protection layer may be necessary depending upon the weather conditions. Workers should be trained on dressing properly, especially on protecting their heads, hands, and feet.

Head protection

A hat that covers the ears or hood should be worn. For workers who must wear hard hats, a liner will provide some insulation and protection. This will reduce the amount of body heat that escapes from the head by 50%.

If needed, a knit mask should be used to cover the front of the face and mouth. This is especially important to prevent frostbite on cheeks, lips, and nose in windy conditions.

Eye protection

Protecting the eyes is also a critical safety measure in cold work environments. Safety glasses or goggles can frost or fog, impairing vision. Anti-fog sprays, glasses, and goggles are available on the market, but workers should also be trained to maintain eye protection in good, clean conditions throughout the workday.

The sun can also create blinding glare by reflecting off of snow and other light surfaces. In these cases, workers may need eyewear that provides anti-glare or UV protection.

Hand protection

Remember, no one type of glove will protect hands from all hazards. As such, you need to base the selection on the unique hazards and the hand protection performance characteristics relative to a cold work environment. More specifically, consider hand protection specific to the task(s) to be performed, the work conditions present, and the duration of use.

Wet and cold can cause the fabric to freeze or stiffen, inhibiting dexterity and grip. Fabric choice and other features such as finger design, coatings, and insulation are critical considerations. Workers in cold environments should use insulated (and water-resistant, if necessary) durable work gloves. They are typically made of leather, heavy canvas, or synthetic fibers that protect against the sustained cold.

Foot protection

To keep feet warm and dry, workers should wear insulated and waterproof boots (or other footwear). Footwear needs to be big enough to comfortably wear two pairs of thin socks or one pair of thick socks made of fleece, wool, and similar fabric types. Footwear that is too tight will restrict blood flow and cause feet to become cold quicker.

The material of the footwear should be breathable, which includes leather, Gore-Tex®, and shearling. This allows foot moisture to escape the shell, helping keep the feet dry. Dry feet are warm feet.

Traction is just as important as keeping feet warm and dry. Soles with good tread will provide better stability on packed snow, ice, or other slick surfaces. Cleats or other attachments can also be used to add traction.

Also, consider the use of snow gaiters. These leg wraps cover the tops of footwear to help fully protect the feet from the elements. There are many types, and choosing the right one depends on the tasks to be performed and the conditions of use.

Head protection: Think about these safety measures

Injuries to the head can be serious and life-threatening, and a single head injury can cause permanent disability. As such, a protective helmet must be worn when working in areas where there is a potential for injury from falling objects, bumping the head against a fixed object, or electrical shock. Companies should think about the head protection safety measures on their jobsites to ensure workers are protected.

Hard hat specifications

OSHA requires that head protection do two things:

Resist penetration, and
Absorb the shock of a blow.

This is accomplished by:

Making the shell of the hard hat of a material hard enough to resist the blow, and
Utilizing a shock-absorbing suspension system composed of headband and crown straps to keep the shell away from the wearer’s head.

All head protection must comply with any of the following consensus standards:

ANSI Z89.1-2009, “American National Standard for Industrial Head Protection,”
ANSI Z89.1-2003, “American National Standard for Industrial Head Protection,” or
ANSI Z89.1-1997, “American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements.”

Hard hats that the employer demonstrates are at least as effective as head protection devices constructed according to one of the above consensus standards would also meet OSHA’s requirements.

Use, inspection, and maintenance

Once head protection is issued, workers should be required to wear, inspect, and maintain it as follows to ensure adequate ongoing protection:

The hard hat should be adjusted to fit snuggly but comfortably on the head. It should not be tilted to one side, and the straps not too loose or too tight.
Nothing should be placed inside the area between the shell and the suspension system (liner).
Handle the hard hat with care. Don’t drop it, throw it, or sit on it.
Check the suspension system for torn or loose stitching and straps that are loose, missing, or torn. Inspect the shell for cracks, scratches, excessive wear, and signs of excessive exposure to sunlight (small cracks on the outer shell).
Minimize exposure to sunlight, chemicals, and temperature extremes.
Clean the hard hat after use (if necessary).
Wash the hat every month with water and a soap as is recommended by the hat manufacturer.

Hard hats can be worn backward if tested and compliant with the ANSI Z89 standard requirements when worn with the shell turned back. However, to do this, the suspension must be reversed in the helmet.

Stickers

Often, workers will use stickers to customize or decorate their hard hats. Other times stickers are necessary for marking or identification purposes. The problem with this is that the adhesive stickers can hide cracks or other damage, making proper inspections difficult. It’s best to keep the stickers at least three-quarters of an inch from the edge of the helmet and limit the stickers’ coverage area to a minimum.

Replacement

Many hard hat manufacturers recommend that employers implement a regular head protection replacement program. Some manufacturers suggest an unconditional five-year replacement time frame. However, in environments with excessive exposure to temperature extremes, sunlight, or chemicals, the replacement could be as often as every two years.

If a hard hat has had a hard impact from a falling or flying object, or if the wearer has forcibly struck a fixed object, then the hard hat (including the suspension) should be replaced, even if there is no visible damage.

Know when workers must wear hearing protection

OSHA’s 1926.52 Occupational Noise Exposure Standard says that employers must implement a hearing conservation program when workers are exposed to an 8-hour time-weighted average of 90 decibels or greater. This is the exposure level at which hearing protectors must be available. For example, an exposure of 92 dBA as an 8-hour TWA would mean that hearing protectors must be available at no cost. Here are some tips to use when deciding if your workers need hearing protection:

Workers must use hearing protection wherever it’s not feasible to reduce the noise levels or duration of exposures to those specified in Table D-2, Permissible Noise Exposures, in 1926.52.
A competent person must determine what hearing protection devices (HPDs) will be used on the jobsite. Workers must be given HPDs that properly fit their ears.
Workers cannot use plain cotton as a substitute for wearing approved HPDs. Using cotton in place of an HPD doesn’t offer adequate noise level reduction.

The National Institute for Occupational Safety and Health (NIOSH) recommends that workers wear HPDs at 85 dBA and above, regardless of the exposure time. NIOSH also recommends an 85 dBA 8-hour TWA recommended exposure limit. This information is available in the NIOSH “Criteria for a Recommended Standard: Occupational Noise Exposure.”

There is nothing in OSHA’s standards that would prohibit an employer from having a more stringent policy than the OSHA standard.

Evaluate your PPE program

Worker training

OSHA wants workers to understand their use of PPE fully. Make sure to train your workers on the following topics:

When and what PPE is necessary;
How to don, doff, adjust, and wear the PPE;
The limitations of PPE; and
The proper care, maintenance, useful life, and disposal of PPE.

PPE policies

Employers must pay for specialty footwear, OSHA says

According to OSHA, the term “non-specialty” indicates that the footwear being exempted is not of a type designed for special use on the job.

Cold weather PPE: Don’t be deterred by the blizzard of choices

Fabric

Layers

Head protection

If needed, a knit mask should be used to cover the front of the face and mouth. This is especially important to prevent frostbite on cheeks, lips, and nose in windy conditions.

Eye protection

The sun can also create blinding glare by reflecting off of snow and other light surfaces. In these cases, workers may need eyewear that provides anti-glare or UV protection.

Hand protection

Foot protection

The material of the footwear should be breathable, which includes leather, Gore-Tex®, and shearling. This allows foot moisture to escape the shell, helping keep the feet dry. Dry feet are warm feet.

Head protection: Think about these safety measures

Hard hat specifications

OSHA requires that head protection do two things:

Resist penetration, and
Absorb the shock of a blow.

This is accomplished by:

Making the shell of the hard hat of a material hard enough to resist the blow, and
Utilizing a shock-absorbing suspension system composed of headband and crown straps to keep the shell away from the wearer’s head.

All head protection must comply with any of the following consensus standards:

ANSI Z89.1-2009, “American National Standard for Industrial Head Protection,”
ANSI Z89.1-2003, “American National Standard for Industrial Head Protection,” or
ANSI Z89.1-1997, “American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements.”

Hard hats that the employer demonstrates are at least as effective as head protection devices constructed according to one of the above consensus standards would also meet OSHA’s requirements.

Use, inspection, and maintenance

Once head protection is issued, workers should be required to wear, inspect, and maintain it as follows to ensure adequate ongoing protection:

The hard hat should be adjusted to fit snuggly but comfortably on the head. It should not be tilted to one side, and the straps not too loose or too tight.
Nothing should be placed inside the area between the shell and the suspension system (liner).
Handle the hard hat with care. Don’t drop it, throw it, or sit on it.
Check the suspension system for torn or loose stitching and straps that are loose, missing, or torn. Inspect the shell for cracks, scratches, excessive wear, and signs of excessive exposure to sunlight (small cracks on the outer shell).
Minimize exposure to sunlight, chemicals, and temperature extremes.
Clean the hard hat after use (if necessary).
Wash the hat every month with water and a soap as is recommended by the hat manufacturer.

Stickers

Replacement

Know when workers must wear hearing protection

Workers must use hearing protection wherever it’s not feasible to reduce the noise levels or duration of exposures to those specified in Table D-2, Permissible Noise Exposures, in 1926.52.
A competent person must determine what hearing protection devices (HPDs) will be used on the jobsite. Workers must be given HPDs that properly fit their ears.
Workers cannot use plain cotton as a substitute for wearing approved HPDs. Using cotton in place of an HPD doesn’t offer adequate noise level reduction.

There is nothing in OSHA’s standards that would prohibit an employer from having a more stringent policy than the OSHA standard.

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Most Recent Highlights In Environmental

EHS Monthly Round Up - April 2026

In this April 2026 roundup video, we’ll review the most impactful environmental health and safety news.

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

OSHA revised its National Emphasis Program on heat-related hazards. Going forward, the agency will prioritize inspections in 55 high-risk industries in indoor and outdoor work settings. The program remains in effect for 5 years from its April 10 effective date.

An OSHA proposed rule seeks to eliminate the November 18, 2036, deadline in the Walking-Working Surfaces standard that would require all fixed ladders extending more than 24 feet above a lower level to be equipped with personal fall arrest systems or ladder safety systems. OSHA also seeks feedback on nine specific questions related to the proposal, with comments due on June 5.

On April 17, OSHA revoked its House Falls in Marine Terminals standard at 1917.41. The agency said that because most cargo has been containerized and is moved by cranes, the standard is no longer necessary to protect employees.

Turning to environmental news, an EPA final rule further delays the submission period for the one-time PFAS report required of manufacturers. It pushes the start of the submission period to either 60 days after the effective date of a future final rule updating the PFAS Reporting Rule or January 31, 2027, whichever comes first.

An EPA final rule makes technical changes to the emission standards established in March 2024 for crude oil and natural gas facilities. The changes take effect June 8.

EPA published the draft 6th Contaminant Candidate List for the next group of contaminants to be considered for regulation under the Safe Drinking Water Act. The proposed list designates microplastics and pharmaceuticals as priority contaminant groups for the first time.

And finally, EPA plans to make significant changes to coal combustion residuals requirements. A proposed rule published April 13 would revise the regulations governing the disposal of coal combustion residuals in landfills and surface impoundments, as well as the beneficial use of coal combustion residuals.

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

EHS Monthly Round Up - February 2026

In this Februrary 2026 roundup video, we'll discuss the most impactful environmental health and safety news.

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

Fatal work injuries fell 4 percent in 2024, largely due to a decline in workplace drug- and alcohol-related overdoses. According to the Bureau of Labor Statistics, overdose fatalities fell from 512 in 2023 to 410 in 2024. Across all types of workplace incidents, there were 5,070 fatal work injuries in 2024, compared to 5,283 in 2023. Transportation incidents continue to be the most frequent type of fatal event, accounting for over 38 percent of all occupational fatalities in 2024.

OSHA is fast-tracking a proposal to remove the 2036 obligation to upgrade fall protection systems on fixed ladders that extend over 24 feet. This follows an industry petition from major chemical and petroleum industry groups, which argue the provision is unjustified, costly, and not supported by the rulemaking record. OSHA frames the upcoming proposed action as deregulatory, allowing employers to update fixed ladders at the end of their service lives. We’ll provide updates as more information becomes available.

As OSHA leans into “deregulatory” actions, lawmakers are moving to pressure the agency to issue “regulatory” rulemaking to protect American workers. The latest legislative wave of bills aims to fill regulatory gaps, tackle emerging hazards, expand OSHA authority, and raise penalties. Topics addressed by these bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence.

In a recently issued letter of interpretation, OSHA states that a burn injury caused by a personal lithium-ion battery fire is work related if it occurs in the workplace during assigned working hours. The letter details an incident where an employee was burned when their rechargeable lithium-ion batteries for e-cigarettes sparked a fire after coming into contact with a key used for work.

A new report from the Department of Labor Office of Inspector General concludes that OSHA struggles to meet its mission, particularly in high-risk industries like healthcare, construction, and manufacturing. Several pages point to OSHA’s difficulties in effectively enforcing annual injury and illness reporting requirements, reaching the nation’s high-risk worksites for inspection, and addressing workplace violence by regulatory or other action.

Turning to environmental news, EPA extended the deadlines for Facility Evaluation Reports and related requirements for coal combustion residuals facilities. In most instances, the deadlines have been moved one or two years out.

And finally, EPA announced a final rule eliminating the 2009 Endangerment Finding and related greenhouse gas emission requirements for on-highway vehicles and vehicle engines. When the final rule takes effect, manufacturers and importers of new motor vehicles and motor vehicle engines will no longer have to measure, report, certify, or comply with federal greenhouse gas emission standards.

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

EHS Monthly Round Up - March 2026

In this March 2026 roundup video, we'll review the most impactful environmental health and safety news.

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

OSHA released an updated Job Safety and Health poster. Employers can use either the revised version or the older one, but the poster must be displayed in a conspicuous place where workers can easily see it.

OSHA recently removed a link from its Data topic webpage that displayed a list of “high-penalty cases” at or over $40,000 since 2015. The agency says it discontinued and removed it in December. The data is frozen and archived elsewhere.

OSHA published two new resources as part of its newly launched Safety Champions Program. The fact sheet provides an overview of how the program works, eligibility criteria, and key benefits. The step-by-step guide helps businesses navigate the core elements of OSHA’s Recommended Practices for Safety and Health Programs.

Several forces are nudging OSHA to address a number of workplace hazards and high-hazard industries. This comes from other agencies, safety organizations, watchdogs, legislative proposals, and persistent injury/fatality data. Among the hazards are combustible dust; first aid; personal protective equipment; and workplace violence. How all this translates into new regulations, guidance, programmed inspections, or other initiatives remains to be seen.

Turning to environmental news, EPA issued a proposed rule to require waste handlers to use electronic manifests to track all RCRA hazardous waste shipments. Stakeholders have until May 4 to comment on the proposal.

On March 10, EPA finalized stronger emission limits for new and existing large municipal waste combustors and made other changes to related standards.

And finally, EPA temporarily extended coverage under the 2021 Multi-Sector General Permit for industrial stormwater discharges until the agency issues a new general permit. The permit expired February 28 and remains in effect for facilities previously covered. EPA won’t take enforcement action against new facilities for unpermitted stormwater discharges if the facilities meet specific conditions.

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

EHS Monthly Round Up - January 2026

In this January 2026 roundup video, we'll review the most impactful environmental health and safety news.

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

Chemical manufacturers, importers, distributors, and employers will have an extra four months to comply with the provisions of OSHA’s revised Hazard Communication standard. When the rule was revised in 2024, it contained staggered compliance dates for those who classify or use chemical substances and mixtures. The first compliance date is now May 19 rather than January 19 of 2026.

On January 8, OSHA issued further technical corrections to its Hazard Communication final rule. An initial set of corrections was published in October 2024, and OSHA continued to review the standard for errors. The agency said these corrections should reduce confusion during the chemical classification process and prevent errors on labels and safety data sheets.

In 2024, private industry employers reported 2.5 million nonfatal workplace injuries and illnesses, according to the Bureau of Labor Statistics. This is down 3.1 percent from 2023 and largely due to a decrease in respiratory illnesses. The greatest number of cases involving days away from work, job restriction, or transfer were caused by overexertion, repetitive motion, and bodily conditions, followed by contact incidents.

Registration is open for OSHA’s Safety Champions Program, which is designed to help employers develop and implement effective safety and health programs. Participants can work at their own pace through Introductory, Intermediate, and Advanced levels.

Turning to environmental news, on January 9, EPA withdrew its direct final rule on SDS/Tier II reporting tied to OSHA HazCom, before it had a chance to take effect. The direct final rule was published back on November 17, 2025, and was intended to relax the Tier II and safety data sheet reporting requirements and align with OSHA’s HazCom standard. EPA said it plans to write a new rule addressing all public comments.

And finally, EPA published a final rule that changes certain requirements for wastewater discharges from coal-fired steam electric power plants. It applies to the deadlines established by the preceding rule finalized in 2024.

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

2026-05-07T05:00:00Z

EPA postpones compliance for TCE uses with TSCA Section 6(g) exemptions

On May 5, 2026, the Environmental Protection Agency (EPA) published a final rule postponing the effective date of compliance requirements for trichloroethylene (TCE) uses with Toxic Substances Control Act (TSCA) Section 6(g) exemptions until pending judicial review is concluded.

Who’s impacted?

The delay applies to the conditions imposed on each TSCA Section 6(g) exemption at 40 CFR 751.325, including the Workplace Chemical Protection Program requirements at 751.315.

Since the compliance requirements haven’t taken effect, facilities that use TCE with TSCA Section 6(g) exemptions don’t have to comply with the provisions yet.

Why the delay?

In December 2024, EPA released the final TCE rule (2024 TCE rule). The rule ultimately bans all uses of TCE, but it allows uses with TSCA Section 6(g) exemptions to continue for a limited time as long as facilities comply with strict workplace controls. Currently, the 2024 TCE rule is under judicial review. EPA has delayed the effective date of the requirements for TCE uses with TSCA Section 6(g) exemptions until the judicial challenges to the 2024 TCE rule are resolved.

If you have a sense of déjà vu, it’s for a good reason. This is the fifth time the agency has delayed the compliance requirements for TSCA Section 6(g) exemptions. However, EPA’s previous postponements established specific dates for the provisions to take effect, but this rule doesn’t.

Key to remember: EPA has delayed the compliance requirements for TCE uses with TSCA Section 6(g) exemptions until pending judicial review is concluded.

Most Recent Highlights In Transportation

2026-05-04T05:00:00Z

Wisconsin adds requirements to federal lead and copper drinking water rule

Effective date: May 1, 2026

This applies to: Public water systems

Description of change: The Wisconsin Department of Natural Resources (department) finalized amendments to align state regulations with the Environmental Protection Agency’s (EPA’s) updated lead and copper control requirements for drinking water. While most of the amendments conform to federal standards, the state has additional standards. The department also:

Requires community water systems to make four contact attempts (two more than federal requirements) by two different means for elementary schools and childcare facilities to schedule lead monitoring,
Requires public water systems on reduced annual monitoring to analyze and report the same number of sample results for copper and lead (instead of the federal requirements that only half of the copper samples are analyzed),
Requires public water systems undergoing temporary treatment or source water changes (unregulated by EPA) for more than 30 days to notify the department 10 days before the planned change or as soon as possible for an unplanned emergency change,
Requires groundwater system water suppliers that request to limit their entry point sampling to obtain prior approval from the department,
Requires water suppliers that provide point-of-use treatment devices for the corrosion control treatment compliance flexibility option to submit a written plan to the department (not required by the federal rule),
Grants the department the authority to require analysis of total and dissolved lead during distribution system and site assessments where the federal rule doesn’t provide this authority to the state,
Requires water suppliers that request to invalidate a reported sample result to provide substantial evidence that the sample meets one of the invalidation criteria in the rule, and
Combines the lead and copper monitoring waivers into one waiver and requires public water systems to complete at least two 6-month rounds of standard tap water monitoring (for which the federal rule only requires one 6-month round).

2026-05-04T05:00:00Z

District of Columbia updates odor control permit rules

Effective date: April 10, 2026

This applies to: Entities required to obtain an operating air permit under Nuisance Odor Regulations

Description of change: The District of Columbia’s Department of Energy and Environment (DOEE) finalized a rulemaking that allows sources of nuisance odors to implement odor controls before obtaining an operating air permit under 20 DCMR Section 200.

To qualify, an entity must obtain from the DOEE written approval of the controls in the Odor Control Plan (OCP) decision letter. Additionally, the source must apply for an operating permit under 200.2 within 60 days of receiving an OCP decision letter.

Related state info: Clean air operating permits state comparison

2026-05-04T05:00:00Z

California permanently adopts emergency vehicle rules

Effective date: April 1, 2026

This applies to: New vehicle and engine manufacturers

Description of change: The California Air Resources Board (CARB) permanently adopted the Emergency Vehicle Emissions Regulations, which CARB adopted in 2025 as a temporary measure.

The rule reverts the emission standards and requirements for vehicle and engine manufacturers to the regulations in effect before the adoption of:

Advanced Clean Cars II (ACC II), and
Heavy-Duty Engine and Vehicle Omnibus Low NOx (Omnibus).

CARB allows manufacturers to comply with ACC II and Omnibus requirements voluntarily.

In 2025, the Environmental Protection Agency revoked CARB’s waivers to implement the ACC II, Omnibus, and Advanced Clean Trucks rules.

2026-04-28T05:00:00Z

Hazardous waste manifests: Hybrid vs. fully electronic

More industries are embracing the exclusive use of electronic platforms. For example, digital payments are replacing cash, news sites are going fully online, and cloud storage is eclipsing external computer storage. And, based on recent proposed rulemaking, hazardous waste manifests may join the list.

The Environmental Protection Agency (EPA) proposed the Paper Manifest Sunset Rule in March 2026, planning to shift to electronic-only manifests for tracking hazardous waste that’s regulated by the Resource Conservation and Recovery Act (RCRA).

If the proposed rule is finalized, regulated entities will have to track all hazardous waste shipments electronically. Specifically, generators, transporters, and receiving facilities could only use hybrid or fully electronic manifests on the Hazardous Waste Electronic Manifest System (e-Manifest).

So, what are the differences between hybrid and fully electronic manifests? Let’s compare the distinctions and explore some of the benefits that electronic manifests can offer.

What’s a hybrid manifest?

EPA initially established the hybrid manifest for generators that couldn’t fully participate in electronic manifests when the e-Manifest launched in 2018. The hybrid manifest combines paper and electronic manifests, allowing generators that aren’t registered in e-Manifest or don’t have an EPA identification (ID) number to sign printed copies of electronic manifests.

Here’s the general hybrid manifest process:

The first transporter initiates an electronic manifest in e-Manifest. A hard copy of the electronic manifest is printed out, and the generator and initial transporter sign the paper copy.
The generator keeps a signed paper copy on-site. The transporter keeps a signed paper copy with the shipment until it’s delivered to the receiving facility.
From that point forward, the initial transporter and all subsequent waste handlers track the shipment in e-Manifest (using electronic signatures and electronic transmissions).
The manifest is complete when the receiving facility or exporter electronically signs it on e-Manifest.

What’s a fully electronic manifest?

The fully electronic manifest is tracked completely online. All handlers — generators, transporters, and receiving facilities or exporters — must have an EPA ID number and be registered in e-Manifest to use the fully electronic manifest.

The entire process is conducted on e-Manifest:

The manifest is created electronically in e-Manifest.
All handlers electronically sign the manifest in e-Manifest.
The manifest is complete when the receiving facility or exporter electronically signs it on e-Manifest.

What benefits do electronic manifests offer?

Regardless of whether EPA’s rule is finalized as is, electronic manifests offer hazardous waste handlers a range of benefits. Consider the following potential perks.

Compliance with existing regulations

Many handlers are already required to embrace electronic manifesting. In July 2024, EPA finalized the e-Manifest Third Rule, which requires:

Large quantity generators and small quantity generators to register for e-Manifest,
Exporters to submit manifests and continuation sheets to e-Manifest (and pay the associated fees), and
Waste handlers to submit manifest-related reports and data corrections to e-Manifest.

Streamlined recordkeeping for generators

Hazardous waste handlers using e-Manifest automatically meet the recordkeeping requirements to maintain records of manifests (paper or electronic) since the manifests are retained electronically in the system.

This eliminates the need to keep hard copies. It also provides a centralized place where handlers can access these documents at any time.

However, the provision doesn’t apply to generators using hybrid manifests; they must keep the initial paper copies of the electronic manifest for 3 years.

Reduced costs

Embracing electronic manifesting removes the costs associated with printing paper manifests from EPA-approved sources.

Keep in mind, there’s an unavoidable cost for receiving facilities and exporters. These entities have to pay user fees for each manifest they submit to e-Manifest.

Proactive preparation

EPA’s proposed Paper Manifest Sunset Rule would prohibit the use of paper manifests 2 years after the publication of a final rule. Hazardous waste handlers who transition to using only electronic manifests now will be better prepared to comply with future regulations. It gives businesses time to coordinate resources and address any unexpected issues.

Key to remember: Do you know the differences between hybrid and fully electronic hazardous waste manifests? The distinctions could be the difference between compliance and noncompliance.

2026-04-27T05:00:00Z

EPA publishes first round of expiring TSCA CBI claims

The Environmental Protection Agency (EPA) published the first list of expiring Confidential Business Information (CBI) claims for information submitted under the Toxic Substances Control Act (TSCA). The list covers CBI claims that expire from June 22, 2026, to July 31, 2026.

What are expiring CBI claims?

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (which became law in June 2016) set an automatic 10-year expiration for most CBI claims made under TSCA. The first round of expiring claims starts in June 2026.

EPA allows businesses to request extensions of CBI protection for up to another 10 years.

How do I know if my CBI claims are expiring?

EPA will notify businesses of expiring CBI claims directly through the Central Data Exchange (CDX).

The agency will also release public lists of upcoming expiring CBI claims monthly on the “CBI Claim Expiration” webpage. The agency encourages businesses to review the lists to verify whether any of their claims are included.

How do I request an extension of expiring CBI claims?

Businesses seeking to extend a CBI claim beyond its expiration date must submit an extension request at least 30 days before the claim expires using the newly launched TSCA Section 14(e) CBI Claim Extension Request application in EPA’s CDX.

Here’s the general process:

EPA notifies the business of an expiring CBI claim directly through CDX and via the public lists on the “CBI Claim Expiration” webpage.
The business submits a request for extension through EPA’s CDX at least 30 days before the CBI claim expires. Requests must comply with the substantiation requirements at 40 CFR 703.5(a) and (b).
EPA reviews the submission and either grants or denies the request.

What are the possible results?

If EPA approves the extension request, the information in the CBI claim will remain protected for up to another 10 years.

If EPA denies the extension request, the agency can publicize the information in the claim 30 days after notifying the submitter in CDX. Further, if a business doesn’t submit an extension request at least 30 days before the expiration date, EPA may publicize the information without notifying the submitter.

Key to remember: EPA published the first round of expiring CBI claims for information submitted under TSCA. Businesses must submit extension requests to keep the information protected.

Most Recent Highlights In Safety & Health

2026-04-24T05:00:00Z

North Dakota establishes AST regulations

Effective date: April 1, 2026

This applies to: Owners and operators of aboveground storage tanks (ASTs) and liquid fuel storage tanks

Description of change: The Department of Environmental Quality adopted technical standards and corrective action requirements for ASTs. The department also approved amendments to the registration dates and fee categories of the Petroleum Tank Release Compensation Fund for liquid fuels storage tanks.

2026-04-24T05:00:00Z

Ohio finalizes sewage sludge amendments

Effective date: March 1, 2026

This applies to: Facilities regulated by the sewage sludge program

Description of change: The Ohio Environmental Protection Agency finalized changes to the sewage sludge program through its 5-year review of the regulations. The approved amendments:

Add professional operator of record requirements for privately owned treatment works;
Increase and add isolation distances for facilities;
Prohibit beneficial use of biosolids within a vulnerable hydrogeological setting;
Remove dioxin monitoring requirements; and
Add requirements for beneficial user certification (including the application and examination process, recordkeeping requirements, and reasons for suspending or revoking a certification).

2026-04-24T05:00:00Z

New Mexico adopts Clean Transportation Fuel Program rules

Effective date: April 1, 2026

This applies to: Transportation fuel produced in, imported into, or dispensed for use in New Mexico

Description of change: The New Mexico Environment Department finalized regulations to implement the Clean Transportation Fuel Program (CTFP) to reduce the carbon intensity of transportation fuel (including gasoline and diesel). The program covers transportation fuel producers, importers, and dispensers.

The CTFP:

Establishes annual statewide carbon intensity standards that apply to transportation fuel (e.g., gasoline and diesel) produced, imported, and dispensed for use in New Mexico;
Allocates credits and calculates deficits for regulated entities based on the fuel’s carbon intensity; and
Sets up a marketplace for selling and purchasing credits to comply with the carbon intensity standards.

The first compliance period runs from April 1, 2026, to December 31, 2027. The first compliance period report is due by April 30, 2028. Annual compliance reports will be due by April 30 for the previous calendar year.

2026-04-24T05:00:00Z

Maine lists materials covered for packaging stewardship program

Effective date: March 3, 2026

This applies to: Entities subject to the Stewardship Program for Packaging Regulations

Description of change: The Maine Department of Environmental Protection’s amendments to the Stewardship Program for Packaging Regulations (06-096 C.M.R. Chapter 428) include:

Aligning the rules with changes made by An Act to Improve Recycling by Updating the Stewardship Program for Packaging (L.D. 1423), and
Adding Appendix A — The Packaging Material Types List to the Stewardship Program for Packaging Regulations.

L.D. 1423:

Excludes certain commercial, cosmetic, medical, environmental, dangerous, hazardous, and flammable product packaging from the program requirements;
Excludes packaging of products related to public health and water quality testing from the program requirements;
Requires the department to adopt a process for approving a producer payment system; and
Updates definitions for clarity.

Appendix A defines packaging material and designates the material types readily recyclable as applicable. It may also designate materials as compostable or reusable.

2026-04-24T05:00:00Z

California adopts permanent illegal disposal rules

Effective date: March 4, 2026

This applies to: Entities that handle, transfer, compost, transform, or dispose of solid waste

Description of change: CalRecycle made permanent the current illegal disposal emergency regulations, allowing enforcement agencies to take action against any person who illegally disposes of solid waste.

The rule also:

Adds the land application activities to the regulations, making the activities subject to the permitting tier structure and associated requirements (i.e., operator filing requirements, state minimum standards, recordkeeping, and enforcement agency inspection requirements); and
Amends sampling and recordkeeping for solid waste facilities, operations, and activities.

Most Recent Highlights In Human Resources

2026-04-24T05:00:00Z

West Virginia establishes fee schedule for UIC Program

Effective date: March 4, 2026

This applies to: Underground Injection Control (UIC) Program permittees

Description of change: This rule establishes the schedules of fees for carbon dioxide capture and sequestration authorized by the West Virginia Department of Environmental Protection’s (WVDEP’s) Division of Water and Waste Management.

EPA granted primacy to the WVDEP to implement the UIC Program for Class VI wells in February 2025.

2026-04-24T05:00:00Z

Colorado extends timeline to comply with GHG intensity targets

Effective date: April 14, 2026

This applies to: Small operators in the oil and gas sector

Description of change: The Colorado Air Quality Control Commission revised the intensity targets for reducing greenhouse gas (GHG) emissions for small oil and gas operators (those with less than 45 thousand barrels of oil equivalent (kBOE) production in 2025). The commission extended the first deadline to 2030 for small operators to meet applicable intensity requirements.

However, small operators must still submit the intensity plan for the 2027 targets, which is due by June 30, 2026.

2026-04-24T05:00:00Z

Colorado finalizes state dredge and fill permit regulations

Effective date: March 30, 2026

This applies to: Projects that require preconstruction notification or compensatory mitigation

Description of change: The Colorado Water Quality Control Division finalized rules for implementing a state dredge and fill discharge authorization program established by HB24-1379. The program covers state waters that aren’t subject to federal dredge and fill permitting requirements under Section 404 of the Clean Water Act.

The division will continue issuing Temporary Authorizations until August 31, 2026. After that, applicants must apply for coverage under General Authorizations. The division already accepts applications for Individual Authorizations.

Related state info: Construction water permitting — Colorado

2026-04-24T05:00:00Z

New York adds wastewater cybersecurity rules

Effective date: March 26, 2026

This applies to: Wastewater treatment facilities

Description of change: The New York State Department of Environmental Conservation added cybersecurity regulations for wastewater treatment facilities. The rules:

Require all State Pollutant Discharge Elimination System (SPDES) permittees to report cybersecurity incidents,
Require publicly owned treatment works (POTWs) to establish, maintain, and implement an Emergency Response Plan and certify compliance with the provisions annually by March 28;
Establish baseline cybersecurity control requirements;
Add network monitoring and logging for certain POTWs with design flows of 10 million+ gallons per day; and
Require wastewater treatment plant operators to complete a minimum number of training hours within their existing required hours on cybersecurity to renew certification every 5 years.

2026-04-24T05:00:00Z

California permanently adopts EPA’s conditional exemption for airbag waste

Effective date: March 6, 2026

This applies to: Airbag waste handlers and transporters

Description of change: The California Department of Toxic Substances Control permanently adopted the Environmental Protection Agency’s (EPA’s) interim final rule that allows airbag waste handlers and transporters to meet less stringent hazardous waste requirements (e.g., not manifesting the waste) if they meet certain conditions. Once the airbag waste is received at a collection facility or designated facility for proper disposal, it must be managed as hazardous waste.

The scope of the rule applies to all airbag waste, including recalled airbag inflators.

Related state info: Hazardous waste generators — California

New Network Poll

§40.69 How is a monitored urine collection conducted?

(a) As stated in §40.42(f)(2), if you are conducting a urine collection in a multi-stall restroom and you cannot secure all sources of water and other substances that could be used for adulteration and substitution, you must conduct a monitored collection. This is the only circumstance in which you must conduct a monitored collection.

(b) As the collector, you must secure the room being used for the monitored collection so that no one except the employee and the monitor can enter it until after the collection has been completed.

(c) As the collector, you must ensure that the monitor is the same sex (i.e., male or female) as the employee, unless the monitor is a medical professional (e.g., nurse, doctor, physician’s assistant, technologist, or technician licensed or certified to practice in the jurisdiction in which the collection takes place). The monitor can be a different person from the collector and need not be a qualified collector. [Change Notice] [Previous Text]

(d) As the collector, if someone else is to monitor the collection (e.g., in order to ensure a same-sex monitor), you must verbally instruct that person to follow the procedures of paragraphs (d) and (e) of this section. If you, the collector, are the monitor, you must follow these procedures. [Change Notice] [Previous Text]

(e) As the monitor, you must not watch the employee urinate into the collection container. If you hear sounds or make other observations indicating an attempt to tamper with a specimen, there must be an additional collection under direct observation. See §§40.63(e), 40.65(c), and 40.67(c)(2)(3)).

(f) As the monitor, you must ensure that the employee takes the collection container directly to the collector as soon as the employee has exited the enclosure.

(g) As the collector, when someone else has acted as the monitor, you must note that person’s name in the “Remarks” line of the CCF (Step 2).

(h) As the employee being tested, if you decline to permit a collection authorized under this section to be monitored, it is a refusal to test.

[88 FR 27641, May 2, 2023]

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EHS Monthly Round Up - April 2026

In this April 2026 roundup video, we’ll review the most impactful environmental health and safety news.

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

An EPA final rule makes technical changes to the emission standards established in March 2024 for crude oil and natural gas facilities. The changes take effect June 8.

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

2025-12-05T06:00:00Z

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

The clock is ticking for environmental teams. By 2026, several new EPA regulations will reshape compliance obligations for U.S. companies. Organizations that act now will avoid costly penalties and operational disruptions.

What’s changing and why it matters

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

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

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

Key areas of impact

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

Steps to take now

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

Looking ahead

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

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

2026-04-10T05:00:00Z

EPA amends specific oil and gas emission standards

On April 9, 2026, the Environmental Protection Agency (EPA) published a final rule that makes technical changes to the emission standards established in March 2024 (2024 Final Rule) for crude oil and natural gas facilities. This rule (2026 Final Rule) amends the requirements for:

Temporary flaring of associated gas, and
Vent gas net heating value (NHV) monitoring provisions for flares and enclosed combustion devices (ECDs).

Who’s impacted?

The 2026 Final Rule affects new and existing oil and gas facilities. Specifically, it applies to the regulations for the Crude Oil and Natural Gas source category, including the:

New Source Performance Standards at 40 CFR 60 Subpart OOOOb, and
Emission guidelines at 60 Subpart OOOOc.

These emission standards are commonly referred to as OOOOb/c.

What are the changes?

The 2026 Final Rule implements technical changes to the temporary flaring and vent gas NHV monitoring requirements set by the 2024 Final Rule.

Temporary flaring

The rule extends the baseline time limit for temporary flaring of associated gas at well sites in certain situations (like conducting repairs or maintenance) from 24 to 72 hours. Owners and operators must stop temporary flaring as soon as the situation is resolved or the temporary flaring limit is reached (whichever happens first).

It also grants allowances beyond the 72-hour limit if exigent circumstances occur (such as severe weather that prevents safe access to a well site to address an emergency or maintenance issue) and there’s a need to extend duration for repairs, maintenance, or safety issues. Owners and operators must keep records of exigent circumstances and include the information in their annual reports.

NHV monitoring

For new and existing sources, the 2026 Final Rule exempts all flare types (unassisted and assisted) and ECDs from monitoring due to high NHV content, except when inert gases are added to the process streams or for other scenarios that decrease the NHV content of the inlet stream gas. In these cases, EPA requires NHV monitoring via continuous monitoring or the alternative performance test (sampling demonstration) option for all flares and ECDs.

Other significant changes include:

Replacing the general exemption from NHV monitoring for associated gas for any control device used at well site affected facilities with NHV monitoring requirements,
Granting operational pauses during weekends and holidays for the consecutive 14-day sampling demonstration requirements (limiting it to no more than 3 operating days from the previous sampling day), and
Permitting less than 1-hour sampling times for twice daily samples where low or intermittent flow makes it infeasible (as long as owners and operators report the sampling time used and the reason for the reduced time).

The 2026 Final Rule takes effect on June 8, 2026.

Key to remember: EPA’s technical changes to the emission standards for oil and gas facilities apply to temporary flaring provisions and vent gas NHV monitoring requirements.

2026-04-13T05:00:00Z

EPA delays TSCA Section 8(a)(7) PFAS reporting timeline again

On April 13, 2026, the Environmental Protection Agency (EPA) published a final rule that further delays the submission period for the one-time report required of manufacturers on per- and polyfluoroalkyl substances (PFAS) by the PFAS Reporting and Recordkeeping Rule (PFAS Reporting Rule).

This final rule pushes the starting submission period to either 60 days after the effective date of a future final rule updating the PFAS Reporting Rule or January 31, 2027, whichever is earlier.

Who’s impacted?

Established under Toxic Substances Control Act (TSCA) Section 8(a)(7), the PFAS Reporting Rule (40 CFR Part 705) requires any business that manufactured (including imported) any PFAS or PFAS-containing article between 2011 and 2022 to report. Covered manufacturers and importers must submit information on:

Chemical identity, uses, and volumes made and processed;
Byproducts;
Environmental and health effects;
Worker exposure; and
Disposal.

What’s the new timeline?

The opening submission period was moved from April 13, 2026, to either 60 days after the effective date of a future final PFAS Reporting Rule or January 31, 2027, whichever is earlier.

Most manufacturers have 6 months to submit the report. Small manufacturers reporting only as importers of PFAS-containing articles have 1 year.

TSCA Section 8(a)(7) PFAS Reporting Rule submission period
	Start date	End date
Most manufacturers	60 days from effective date of final PFAS Reporting Rule or January 31, 2027 (whichever is earlier)	6 months from start date or July 31, 2027 (whichever is earlier)
Small manufacturers reporting solely as PFAS article importers	60 days from effective date of final PFAS Reporting Rule or January 31, 2027 (whichever is earlier)	1 year from start date or January 31, 2028 (whichever is earlier)

Why the delay?

In November 2025, the agency proposed updates to the PFAS Reporting Rule. EPA has delayed the reporting period to give the agency time to issue a final rule (expected later this year).

Key to remember: EPA has delayed the starting submission deadline for the TSCA Section 8(a)(7) PFAS Reporting Rule from April 2026 to no later than January 2027.

2026-02-25T06:00:00Z

EPA scraps Endangerment Finding, GHG emission standards: What you need to know

“Road Closed Ahead.” That’s the sign that now stands at the entrance of the regulatory road leading to the federal greenhouse gas (GHG) emission standards for vehicle and engine manufacturers.

The Environmental Protection Agency (EPA) finalized a rule on February 18, 2026, to rescind the 2009 Endangerment Finding and repeal all GHG emission standards for new motor vehicles and motor vehicle engines. The final rule applies to vehicles and engines of model years (MYs) 2012 to 2027 and beyond.

This overview will help you navigate EPA’s final rule that puts vehicle GHG emission requirements in the rearview mirror.

What does this mean?

Manufacturers (including importers) of motor vehicles and motor vehicle engines no longer have future obligations to measure, control, report, or comply with federal GHG emission standards for any highway vehicle or engine, including for previously manufactured MYs.

Specifically, the final rule removes the requirements for controlling GHG emissions, which include:

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

Additionally, the final rule eliminates off-cycle credits for manufacturers that added certain technologies to their vehicles and engines (like waste heat recovery) and EPA’s incentives for manufacturers to install a start-stop system (which automatically shuts off a vehicle’s engine when idling).

When do the changes apply?

The final rule takes effect on April 20, 2026. However, a legal challenge has already been brought against the rulemaking, and more litigation is likely.

It’s important to keep an eye on the status of the rule. Legal challenges could result in changes to the rule, such as delaying its effective date.

What regulations were removed?

The final rule repeals all GHG emission regulations in 40 CFR:

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

Why did EPA remove the standards?

The road to reversal begins in 2009. That’s when EPA issued two findings: the Endangerment Finding and the Cause or Contribute Finding. Collectively, these findings are referred to as the 2009 Endangerment Finding. The agency used the 2009 Endangerment Finding as the legal basis under Section 202(a) of the Clean Air Act (CAA) to regulate GHG emissions from new motor vehicles and motor vehicle engines based on global climate change concerns.

However, upon reconsideration, EPA no longer believes that it has the statutory authority under Section 202(a) of the CAA to regulate GHG emissions from new motor vehicles and motor vehicle engines in response to global climate change concerns. The agency bases its determination on three factors:

EPA concludes that the best reading of Section 202(a) of the CAA authorizes the agency to regulate air pollution that threatens to endanger health and welfare through local and regional exposure. Therefore, the CAA doesn’t give EPA the authority to regulate GHG emissions based on global climate change concerns. The agency conducted the “best reading” by using standard interpretation principles and being informed by the Supreme Court’s overturning of “Chevron deference” in Loper Bright Enterprises v. Raimondo (2024).
EPA lacks the congressional authorization required to regulate GHG emissions based on global climate change concerns. The agency determined that the major questions doctrine (i.e., federal agencies may not decide issues of major national significance without clear authorization granted by Congress) applies to the 2009 Endangerment Finding and that Congress doesn’t give EPA the authority under Section 202(a) of the CAA to decide a national policy response to global climate change concerns.
The GHG emission regulations don’t and can’t have a meaningful impact on the identified health and welfare dangers that the 2009 Endangerment Finding attributed to global climate change. EPA based this conclusion on the results of climate impact modeling that the public submitted in response to the proposed rule and on the agency’s modeling analysis used to evaluate the submissions.

By rescinding the 2009 Endangerment Finding, EPA has no legal basis to regulate GHG emissions from new motor vehicles and motor vehicle engines. Accordingly, the final rule also repeals all GHG emission standards for light-, medium-, and heavy-duty vehicles and heavy-duty engines.

Key to remember: EPA’s final rule eliminates the 2009 Endangerment Finding and the related GHG emission requirements for on-highway vehicles and vehicle engines.

2026-04-14T05:00:00Z

What to know about the EPA’s proposed manifest sunset rule

The U.S. Environmental Protection Agency (EPA) is taking another major step toward modernizing hazardous waste tracking. The Agency’s proposed “manifest sunset rule” would officially phase out paper hazardous waste manifests and require the exclusive use of the e-Manifest system. For employers, especially those generating or managing hazardous waste, it’s a fundamental shift in how waste shipments are documented, tracked, and audited.

Since 2018, EPA’s e-Manifest system has been available as a digital alternative to paper manifests. Over the years, the agency has added requirements pushing the industry toward adoption, including mandatory registration and electronic data submission. But despite those efforts, many companies have continued to rely on paper manifests, either out of habit, convenience, or because parts of their waste chain weren’t ready to go digital. EPA even states in the proposed rule that less than one percent of all e-manifest users have completely switched to digital manifest. The proposed sunset rule is designed to close that gap. Once finalized, it would set a firm deadline (24 months) after which paper manifests would no longer be allowed.

Why EPA wants to eliminate paper manifests

EPA’s reasoning is pretty straightforward. Paper manifests are slower, easier to lose, and more prone to errors. They rely on manual handling and delayed processing, which can create gaps in tracking and compliance. A fully electronic system, on the other hand, allows for real-time visibility, standardized data entry, and faster correction of mistakes. It also gives regulators a clearer, more immediate picture of what’s happening across the entire waste life cycle.

Addressing one of the biggest digital barriers: signatures

One overlooked part of the proposed rule is how EPA is trying to solve one of the biggest barriers to going fully digital, which is signatures in the field. Anyone who has dealt with manifests knows that the weak point is often the hand-off between the generator and the transporter, especially when drivers don’t have system access or reliable connectivity. To address that, EPA is proposing new functionality that would allow users to sign manifests using quick response (QR) codes or even short message service (SMS). In practice, this could mean a driver scans a QR code or receives a text prompt, then completes the signature process directly from their phone. So, no login or full system access needed. EPA is also exploring the ability to use SMS and QR-based tools to make updates to manifest data without needing full system permissions. That’s a big deal operationally, because it removes one of the most common bottlenecks in needing a registered user at a specific site to make even minor corrections.

Operational challenges companies should expect

With that said, moving to a fully digital system still comes with potential issues. It requires coordination across your entire operation. Generators, transporters, and disposal facilities all have to be aligned and capable of using the system effectively. If one party in that chain struggles, it can create delays or compliance issues for everyone involved. There’s also an upfront investment to consider. Companies may need to upgrade internal systems, ensure reliable connectivity, and train employees in new work processes. For organizations with multiple sites or field operations, which can take some planning. But over time, many of those burdens are expected to decrease. Electronic signatures, reusable templates, and centralized record-keeping can significantly reduce administrative work.

One of the biggest shifts employers will notice is the level of visibility. With paper manifests, there’s often a lag between shipment and final documentation. In a digital system, that lag disappears. Information becomes available almost immediately, and regulators have access to the same data. That means errors or discrepancies are easier to find and harder to ignore.

The good news is that companies don’t have to wait for the final rule to start preparing. Taking a close look at your current manifest process is a good first step. If paper is still a major part of your workflow, that’s a clear signal that changes are coming. Making sure your e-Manifest account is fully set up and that employees understand how to use it, will go a long way in avoiding future disruptions.

Keys to remember: The EPA’s proposed Paper Manifest Sunset Rule would set a firm date to phase out paper hazardous waste manifests and require that all covered shipments be tracked through the agency’s electronic e‑Manifest system, in which the Agency says will improve hazardous‑waste tracking and transparency while reducing administrative burden and saving regulated entities roughly $28.5 million per year.

Most Popular Highlights In Transportation

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.

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.

2023-08-31T05:00:00Z

Wired to work: How the hours-of-service utility exemption energizes critical services

Truck drivers face unique challenges on the road and understanding the utility exemption for hours of service can be a game changer. Learn how this exemption empowers drivers to optimize their schedules and enhance efficiency.

The utility exemption explained

This exemption applies to drivers of vehicles that qualify as “utility service vehicles” as defined in 395.2.

Here is a critical point: The vehicle/driver must meet all three requirements listed in the definition of a utility service vehicle provided in 395.2 to be able to use this exemption. The three requirements are:

The driver/vehicle must be repairing, maintaining, or operating structures or other physical facilities necessary for the delivery of public utility services,
The driver/vehicle must be involved in activities related to the ultimate delivery of utility services to the consumers, and
Except for any occasional emergency use, the driver/vehicle must operate primarily within the service area of a utility’s subscribers or consumers.

Drivers involved in building new utility structures in general are not eligible for this exception. However, if the driver is going back and forth from new construction to repairing, maintaining, or operating utility infrastructure, the driver will be covered by the exemption when involved in these activities, but not covered while involved in new construction.

When involved in new construction and covered by the hours-of service requirements, the driver would have to follow the limits in the hours-of-service regulations and maintain a log (or a time record if the 150 air-mile exemption applies). If the driver had to complete a log more than 8 days in the previous 30 days, the driver would have to use an electronic log on the days the driver is required to log.

Click here to learn more about hours-of-service exemptions.

What about the other safety regulations?

One point to remember is that when the driver is using the utility service vehicle exemption, all other safety regulations, such as driver qualification and licensing, safe driving, parts and accessories, vehicle inspection and maintenance, and DOT drug and alcohol testing, still apply to the driver and company. The driver is only exempt from the hours-of-service regulations.

While not directly related to the utility service exception, “blanket” exceptions exist for drivers responding to a declared emergency, usually stemming from a natural disaster. Drivers/vehicles that qualify for these exceptions are exempted from all safety regulations when they are responding, with the exception of the CDL and drug and alcohol testing regulations.

Once the driver is done working in support of the declared emergency or the emergency condition is no longer an emergency, the driver and vehicle are once again covered by the regulations.

Key to remember: The utility exemption provides truck drivers with needed flexibility that harmonizes the demands of the job with the importance of maintaining safe and efficient operations on the road.

2023-08-21T05:00:00Z

The costly consequences of errors in DOT drug screening

When a drug test comes back as canceled, a carrier must still pay the clinic, lab, and medical review officer for their services. There are also the administrative costs of arranging the test and the driver’s wages to pay.

The canceled test may create other issues also, depending on the test type. Consider the following:

Pre-employment, return-to-duty, and follow-up drug tests demand a result, so the driver must be sent for another test at the carrier’s expense.
A canceled random, post-accident, or reasonable drug test is a missed opportunity to learn of an impaired driver. Retesting is not permitted.
A canceled random drug test cannot be used toward the annual drug-testing rate. A carrier might have to select at a higher rate before the end of the year to compensate for the missed test.

With the potential headache that a canceled drug test brings, is there anything a carrier can do to prevent it? Some situations are correctable, while others always result in a canceled test.

To learn more about the testing process, visit Drug Testing.

The death of a test: Fatal flaws

The medical review officer (MRO) is required to cancel a test if the lab reports a “fatal flaw” that was observed when processing an incoming specimen.

Fatal-flaw scenarios include:

The specimen has no chain of custody form (CCF) accompanying it.
No specimen was submitted with the CCF, in cases where a specimen has been collected.
The CCF is missing the collector’s printed name and signature.
Two separate collections were performed using one CCF.
The specimen ID numbers on the specimen bottle and the CCF do not match.
A split specimen cannot be redesignated when the primary specimen bottle:
- Has a broken seal,
- Shows evidence of tampering, or
- Has an insufficient sample for analysis due to leakage.

Specific to oral-fluid collections, a fatal flaw occurs when the collector:

Used an expired device at the time of collection.
Failed to enter the expiration date on the CCF and the lab confirmed that the device was expired.

A chance to fix the error: Correctable flaws

When a lab discovers a “correctable flaw” when processing incoming specimens, it will attempt to fix the mistake.

The lab must attempt to correct the omission of the collector’s signature on the certification statement on the CCF.

If the MRO’s review of the MRO reveals one of the following, the test is canceled unless remedied:

Omission of the employee’s signature from the certification statement (unless the employee’s failure or refusal to sign is noted on the “Remarks” line of the CCF).
Omission of the certifying scientist’s signature on Copy 1 of the CCF for a positive, adulterated, substituted, or invalid test result.
The collector’s use of a non-federal form or an expired CCF for the test.

In most instances, the problem can be corrected by a written statement by the party (employer, lab, collector, etc.) who is responsible for providing the omitted information.

If the problem is the use of a non-federal form or an expired federal form, the signed statement must:

Confirm the form and testing complied with Part 40 procedures,
Indicate the form was used inadvertently or as the only means of conducting the test, and
Address steps so the error does not happen again.

The written statement for correctable flaws must be transmitted by fax or courier to the MRO on the same business day that the individual learns of the problem.

When the problem is the clinic

Since employers are responsible for the actions of the clinics, it is vital to follow up to ensure collector’s error correction training is performed when required.

If a canceled test was due to mistakes made by the collector, the collector must undergo the training within 30 days of the test. The training covers only the subject matter area that caused the canceled test.

Employers may ask to verify that training occurred. The clinic must provide this documentation according to 40.33(g).

If problems persist with a specific collection site, even if the errors are corrected and the test is saved, the carrier might consider finding another facility for its DOT testing.

Learn more about a designated employer respresentative’s (DER) role.

Key to remember: A canceled test can cost a carrier money and leave an impaired driver on the road. If the error can be corrected, work with your MRO to correct the mistake. If the error was due to mistakes at the collection site, make sure concerns are communicated to the facility.

2023-01-03T06:00:00Z

Oh no, an ELD malfunction! What you need to do in 5 easy steps

When an electronic logging device (ELD) malfunctions, the Federal Motor Carrier Safety Administration (FMCSA) has specific steps that must be followed. If these steps are not followed, there could be serious consequences, the main one being a fine on the road or during an audit.

1) Formal notification

First, the driver must notify you in writing that the ELD has malfunctioned (395.24(a)). This written notification can be on paper or electronic. The driver needs to keep a copy of this notification and present it during a roadside inspection. While the regulation states the driver must notify you within 24 hours, it is best if the driver notifies you immediately.

2) Verify it is a malfunction

While this step is not required in the regulations, it can prevent a lot of wasted time and effort if the device is not actually malfunctioning. The key is to verify that the device is no longer recording a compliant record of duty status, as this is what is defined as a malfunction. Examples of situations that a driver might believe are a malfunction when it may not be are the device is reporting an error (not a malfunction) or the device missed reporting a violation the driver knows was committed.

3) Reconstruction

Once aware of the malfunction, the driver must reconstruct the current and previous seven days’ logs. The driver can use any records that are available on the device or printouts from the device or system (you can email or fax the driver the previous days’ records). The driver will have to manually complete paper logs for days the device cannot display, and records cannot be acquired. The bottom line is that the driver must be able to present a record or log for the current and previous seven days should the driver be stopped for an inspection (see 395.24(a) and (b)).

4) Check your inventory and/or contact your vendor

Once you are notified of the malfunction, you have eight days to repair or replace the device. If you decide to replace the device, make sure you or your vendor have a replacement available and that it can be installed within eight days. If you do not have a replacement and/or decide to repair the device, determine if it can be done within eight days (395.24(d)(1)).

5) Ask for an extension

If you cannot repair or replace the device within eight days, you will need to ask for an extension. This is done by either writing a letter to your state’s FMCSA office or submitting the request for an extension through ELD-Extension@dot.gov. The request will need to include (see 395.24(d)(2)):

The name, address, and telephone number of the carrier official making the request;
The make, model, and serial number of the malfunctioning device;
The date and location of the malfunction; and
The good faith efforts you have made to resolve the issue prior to making the request.

The request should be made within five days of the malfunction, so FMCSA has time to review and act on the request before the eight-day window closes.

Key to remember: When an ELD malfunction occurs, there are specific steps that must be taken and there are time limits on several of the steps. That’s why it is important that you understand the process before you have a malfunction.

2022-06-28T05:00:00Z

Temporary driver DQ files - Exceptions exist, but with watchouts

Qualified drivers are in short supply. Utilizing drivers from staffing services (temp agencies) and on loan from other carriers are alternatives to recruiting and hiring company drivers. Often, there is a need to find drivers to cover for a short surge in business, and creating driver qualification (DQ) files is time-intensive.

However, driver qualification files that are compliant with Part 391 are necessary to verify that the drivers operating your commercial motor vehicles (CMV) are safe. There are two exceptions to the complete DQ file requirements, which are:

391.63 Multiple-employer drivers, and
391.65 Drivers furnished by other motor carriers.

This article covers basic DQ requirements at the time of hire under Part 391, the two DQ file exceptions, and associated watchouts.

Driver qualification basics

Per 390.5, anyone who operates a CMV in interstate commerce on a “highway” or any area open to the public is a “driver.” All drivers must be fully qualified under the Federal Motor Carrier Safety Regulations (FMCSRs) by the carrier using the driver, regardless of who pays the driver, unless an exception applies. Drivers include, but are not limited to, CMV operators who are:

Full-time,
Seasonal or intermittent,
Loaned by another carrier or from a staffing service,
Leased owner-operators, or
Mechanics who test-drive CMVs.

A DQ file at the time of hire must have the following documents per 391.51:

Driver application,
Road test certificate or copy of a commercial driver’s license (CDL),
Initial motor vehicle records (MVRs)*,
Proof of medical certification (and any exemptions), and
Verification of the medical examiner’s National Registry listing.

*Initial MVRs from all states where the driver held a vehicle operator’s license within the past three years.

A driver investigation file, or safety performance history, per 391.23 must contain verification of the following within 30 days of the hire date from Department of Transportation (DOT)-regulated employers in the past three years:

Dates of employment;
DOT accidents, as defined in 390.5, and any other incidents that an employer wishes to share; and
DOT drug and alcohol testing violations for drivers of vehicles requiring a CDL.

391.63 Multiple-employer drivers

The multiple-employer exception can be used if a motor carrier uses a driver from a staffing service who is:

Fully qualified by a carrier, and
In any period of seven consecutive days, is used as a driver by more than one motor carrier.

Under 391.63, the carrier need not:

Require a DOT employment application per 391.21;
Make investigations and inquiries, except CDL drivers, must have DOT drug and alcohol background checks per 382.413 and 40.25(b);
Perform the annual driving record inquiry per 391.25(a); or
Perform the annual review of the person’s driving record per 391.25(b).

However, before a temp-agency driver operates a CMV, the carrier must obtain and keep for employment plus three years:

The driver’s name and Social Security number;
The driver’s license number, type of license, and issuing authority;
Medical certificate for non-CDL drivers and proof that the certified medical examiner (CME) was on the National Registry; and
For CDL-vehicle drivers, the carrier must obtain:

CDLIS MVR as proof of medical certification after 15 days from the last DOT exam (med card is only allowed as proof in the 15 days after the exam), and the note that the examiner was on the National Registry;
Confirmation from the driver whether they failed or refused a DOT pre-employment drug test and did not obtain employment in the past two years per 40.25(j); and
The prior ten years of regulated CDL-vehicle driving employment history per 383.35(c).

Watch-out: FMCSA guidance below gives carriers the option to allow drivers to remain in the temp agency’s DOT testing program under certain conditions. The driver does not have be a multi-employer driver, in other words, does not have to work for two carriers in 7 days to remain in a temp agency’s DOT testing program.

FMCSA guidance regarding the use of a temp agency’s DOT drug and alcohol testing programs is as follows:

The driver must be in the carrier’s DOT drug and alcohol program unless, at the time of assignment to work for the carrier, the driver is expected to work for the carrier for less than 30 consecutive days.
If expected to work for the carrier for less than 30 consecutive days, the driver can remain in the temp agency’s compliant DOT drug and alcohol testing program if one exists.
If the driver is expected to work for the carrier for more than 30 days, the driver must be in the carrier’s DOT drug and alcohol testing program.

Watch-out: FMCSA has not been clear on whether they require a pre-employment query when the driver remains in the temp agency’s DOT program. To be sure the driver isn’t prohibited, run the query.

Best practice is to include a temp driver in the carrier’s DOT testing program even if expected to work for the carrier for less than 30 consecutive days.

391.65 Drivers furnished by other motor carriers

If a secondary carrier employs a driver who is fully qualified by a primary carrier and works for at least two carriers in sevendays, the primary carrier can provide a certificate or written statement that:

Is signed and dated by an officer or authorized employee of the primary carrier that employs the single-employer driver; • Contains the driver’s name and signature;
Certifies that the driver is employed as a single-employer driver and is fully qualified to operate a CMV under Part 391;
States the medical examiner’s certificate expiration date;
Is substantially following the form in 391.65(a)(2)(vii); and
Must be retained by the second carrier for three years from the end of driving employment with the second carrier.

Watch-out: The certificate issued under 391.65 is not valid after the driver leaves the primary carrier, if the medical certificate expires, or for any other reason the driver is no longer qualified.

The exception does not cover the Part 382 DOT drug and alcohol requirements. For CDL-vehicle drivers, the secondary carrier must:

Conduct DOT drug and alcohol background checks per 382.413 and 40.25(b);
Confirm whether the driver failed or refused a DOT pre-employment drug test and did not obtain employment in the past two years per 40.25(j);
Obtain the prior ten years of regulated CDL-vehicle driving employment history per 383.35(c);
Include the driver in the DOT random drug and alcohol testing pool even if using the pre-employment testing exception in 382.301(b) and (c);
Increase DOT random pulls to account for average additional temp driver(s), and
Run a pre-employment query.

Watch-out: If a driver works for only one DOT number in any period of seven consecutive days, they are not a “multi-employer driver” as defined in 390.5. The driver must be fully qualified by the carrier using the driver, even if the companies are sister companies with different DOT numbers.

Other regulations that apply when using drivers under both exceptions:

Part 383 CDL Licensing. Driver must have an active CDL with endorsements for the vehicle(s) operated;
Part 392 Driving of Motor Vehicles and Part 395 Hours-of-Service (HOS). Comply with applicable regulations and have HOS records under both carriers; and
Part 393 Parts and Accessories and Part 396 Maintenance and Inspections. Conduct pre-trip and post-trip inspections on each vehicle and fill out DVIRs if a defect is found.

In summary

As a best practice, a carrier may choose to fully qualify each driver to reduce potential risk and compliance issues. Although taking these extra steps takes time and creates more work for carriers, it may pay off in the end.

Keys to remember: A “multi-employer driver” is a driver who works for at least two carrier DOT numbers in each seven-day period and is fully qualified by at least one carrier. Regardless of who pays the driver, the carrier using the driver is accountable for compliance, even when an exception may apply.

2022-06-30T05:00:00Z

The Emergency Response Guidebook

What is that little orange book for?

Many shippers and transporters of hazardous materials are familiar with the small orange Emergency Response Guidebook (ERG). Most associate the ERG with compliance with the Hazardous Materials Regulations (49 CFR), using it to provide emergency response information for a hazardous materials shipment. This may be surprising, but that is not why the ERG was created.

Original use for the ERG

The Emergency Response Guidebook was originally developed by the U.S. Department of Transportation (DOT), Transport Canada, and the Secretariat of Transport and Communications of Mexico for use by police, firefighters, and other emergency personnel who are the first to arrive at the scene of a transportation incident involving hazardous materials/dangerous goods. The ERG helps first responders quickly identify the hazard(s) of the materials and protect themselves and the general public during the initial response phase of an incident.

The “initial response phase” is that period following the first responders’ arrival at the scene of an incident, during which the presence and/or identification of hazardous materials is confirmed, protective actions and area securement are initiated, and assistance of qualified personnel is requested.

The DOT prints and distributes copies of the ERG to emergency responders throughout the United States. The goal is to have an ERG available to every emergency responder in the United States. Responders are familiar with the ERG because the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) regulations require that they be trained on the use of the ERG.

Another use for the ERG

To increase the likelihood that emergency response information will be available to first responders at the scene of a hazardous materials incident, the Hazardous Materials Regulations require that emergency response information accompany most shipments of hazardous materials. Emergency response information is not required for hazardous materials that do not require shipping papers or are classified as an Limited Quantity.

The emergency response information can be provided in a variety of ways:

It can be entered on the hazmat shipping papers; or
It can be provided in another document, other than the shipping paper, that includes the basic description (and technical name if appropriate) of the hazardous material. A Safety Data Sheet is an example of this type of document; or
It can be provided in a separate document, other than the shipping paper, that cross-references the description of the hazardous material on the shipping paper with the emergency response information contained in the document. The ERG is an example of this type of document.

Carriers that transport hazardous materials must maintain the emergency response information the same as they do shipping papers. The emergency response information must be readily available to, and recognizable by, authorities in the event of an incident or inspection.

Although not the original intended use for the ERG, keeping an ERG with the hazmat shipping papers is an easy way to comply with the emergency response information requirements in the Hazardous Materials Regulations. Many carriers play it safe and carry an ERG in their vehicles to cover any hazmat load/situation that they may encounter.

Key to remember

The ERG was originally created to help first responders protect themselves and the public during a hazardous materials incident. The ERG can also be used to provide emergency response information that is required for most hazardous materials shipments.

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.

2025-03-27T05:00:00Z

Who can fill out FMLA forms? The answer might surprise you

One of the most common questions involving the federal Family and Medical Leave Act (FMLA) that we see is: “Can ________ fill out the medical certification?”

This question stumps a lot of HR people and can be a little confusing.

It might be easier to start with who CAN’T fill out an FMLA certification. That includes your coworker, best friend, neighbor, or pet.

Jokes aside, often (but not always) a doctor fills out the FMLA certification, and since March 30 is “Doctors’ Day,” this is a great time to discuss this topic.

FMLA certification basics

Employers aren’t required to use certifications, but if they do, the U.S. Department of Labor (DOL) has five different certification forms to use for various FMLA leave situations.

The forms are as follows:

Certification of Health Care Provider for Employee's Serious Health Condition,
Certification of Health Care Provider for Family Member's Serious Health Condition,
Certification of Qualifying Exigency for Military Family Leave,
Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave, and
Certification for Serious Injury or Illness of a Veteran for Military Family Leave.

Let’s focus on the first two, as these are the most common ones HR administrators use.

Who can fill out an FMLA certification?

The FMLA regulations describe the person who has the authority to fill out a certification as a “health care provider.” The good news is, the regulations include a lengthy list of medical professionals who fit this role.

Under the FMLA, a health care provider includes:

A doctor of medicine or osteopathy,
A podiatrist,
A dentist,
A clinical psychologist,
An optometrist,
A chiropractor (limited to manual manipulation of the spine as demonstrated by X-ray),
A nurse practitioner,
A nurse midwife,
A clinical social worker,
A physician assistant,
A Christian Science practitioner, and
Any health care provider from whom the employer or the employer's group health plan's benefits manager will accept a medical certification to substantiate a claim for benefits.

To be qualified to fill out FMLA forms, medical professionals must be authorized to practice in the state and perform within the scope of their practice. This means that the provider must be authorized to diagnose and treat physical or mental health conditions.

What about doctors in a foreign country?

If an employee or an employee's family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the employer must accept a medical certification from a health care provider who practices in that country. This includes second and third opinions.

If a medical certification from a foreign health care provider is not in English, the employee may be required to provide a written translation of the certification.

Key to remember: The FMLA regulations spell out which medical professionals can fill out certification forms.

HR Monthly Round Up - April 2026

In this April 2026 roundup video, we’ll review the most impactful HR news.

Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.

Sometimes employees go on leave at really inconvenient times. But the federal Family and Medical Leave Act doesn’t care about that. If an employee’s eligible for FMLA leave and the reason qualifies, employer convenience doesn’t matter. This is true even if the employee is considered an essential worker during hurricane season, as a recent Florida court case showed.

In Burrows v. Prummell, the judge denied the employer’s request to dismiss the case in which a sheriff’s office employee took FMLA leave in the midst of emergency weather. As a result, this case will proceed to a jury trial, unless it’s settled.

Speaking of the FMLA, Nevada recently became the first state to limit what doctors can charge for filling out FMLA certifications for their patients. Effective January 1st, 2026, health care providers in Nevada may not charge more than $30 for this task.

The FMLA doesn’t govern whether or how much health care providers charge for a certification. And not all providers charge a fee, but many do, with some charging more than $100.

Remember, though, no employer — in Nevada or any other state — is required to use FMLA certifications. But many employers DO use them to help verify the leave. Stay tuned to see if other states follow in Nevada’s footsteps.

Two other quick updates. On March 31st, members of Congress introduced first-of-its-kind legislation regarding paid leave. If passed into law, it would require covered employers to provide eligible employees paid leave for reproductive health care reasons. The Reproductive Healthcare Leave Act would allow employees to take up to 12 days of paid leave each calendar year.

And, finally, an Executive Order titled “Addressing DEI Discrimination by Federal Contractors” was issued by President Trump on March 26th. It’s the latest in a series of actions taken by the administration targeting what it views as unlawful Diversity, Equity, and Inclusion practices. Although legal challenges are anticipated, federal contractors and sub-contractors that don’t comply could have contracts cancelled.

That’s all the HR news we have time for today. Thanks for watching. See you next month!

2024-05-07T05:00:00Z

May employees take FMLA leave to care for family members outside the U.S.?

Yes, employees may take leave under the federal Family and Medical Leave Act (FMLA) to care for family members who are outside U.S. borders.

If the employee meets the eligibility criteria of the FMLA, the family member has an FMLA serious health condition, and the employee is needed to care for the family member, the employee’s time off would be protected. It doesn’t really matter where the family member is.

To figure out whether the family member’s condition meets the criteria under the FMLA, employers may require that the employee provide a certification supporting the leave.

Certifications in other languages

If an employee or a family member is visiting in another country, or a family member lives in another country, and a serious health condition develops, employers must accept a medical certification from a health care provider who practices in that country. This rule applies to an original certification, a recertification, and when requesting a second or third opinion from a provider.

If a certification by a health care provider from another country is in a language other than English, employers may require that the employee provide a written translation of the certification.

Traveling to care for family member

If family members are outside the U.S., employees will need to spend some time traveling. The employee’s travel time would likely be seen as part of the FMLA leave if:

The travel is so intertwined with the care, or
If it is needed to obtain the care.

Handling intermittent leave

Employees may also take intermittent FMLA leave to care for far-away family members. Employers would manage such leave the same way they do for intermittent leave inside the U.S. Employers should:

Give the employee an eligibility/rights & responsibilities notice within five days of being put on notice,
Ask for a certification if desired (including a translation),
Give the employee a designation notice within five days of getting enough information, and
Track the employee’s leave time.

Whenever employees are away from the physical worksite, tracking how much intermittent FMLA leave they are taking has its own challenges. Employers may use a simple honor system of self-reporting or technology to keep track of when the employee is taking FMLA leave and when the employee is working.

Key to remember: Eligible employees may take FMLA leave to care for family members who are outside the U.S.

2022-09-06T05:00:00Z

How to collect premiums during unpaid FMLA leave

Payment options during unpaid FLMA leave

When an employee is on leave under the Family and Medical Leave Act (FMLA), the employer must maintain benefits under the company’s group health plan.

Thus, employees generally must continue paying their share of the health insurance premiums.

But how do employees pay their share of the premiums when FMLA leave is unpaid? Employers may offer three payment options:

Pre-pay
Pay-as-you-go
Catch-up

Employers may allow a combination of these options, such as pre-pay for part of the leave and catch-up for the remainder. Below is a breakdown of the three available payment options.

Option #1: Pre-pay

When unpaid FMLA leave is foreseeable, employers may allow employees to pre-pay their premiums. For example, if an employee is adopting a child and requests several weeks for bonding time but does not have enough vacation to cover the entire absence, an employer could allow the employee to pre-pay his or her premiums for the portion of the leave that would be unpaid.

Employers may not require an employee to pre-pay, so this cannot be the only option offered.

If an employee chooses this option, however, employers may collect premiums on a pre-tax basis – with one exception. If the absence will extend into the next tax year (such as leave from December through January), only the premiums for the current tax year may be pre-paid with pre-tax income. The IRS does not allow employees to defer untaxed income from one year to the next.

In this example, the premiums for January could either be pre-paid with after-tax income, or the employee could elect one of the other options (pay-as-you-go or catch-up).

Option #2: Pay-as-you-go

Under the pay-as-you-go option, employees pay their share of the premiums based upon the agreed terms made between the employer and employee. These payments are usually made on an after-tax basis.

For example, the employee might mail in a personal check every two weeks. If the employee fails to send in the checks, or otherwise fails to make payments using the agreed-upon system, the FMLA does allow employers to drop coverage after giving specified notices of non-payment.

Dropping coverage would likely cause some administrative headaches, and some insurers may refuse to do this because the employee would have to be reinstated to the health plan upon return from FMLA leave.

Therefore, employers may prefer to continue coverage by paying the employee’s share of the premiums, then use the catch-up option once the employee returns to work. Some insurance carriers recommend this as an alternative to dropping coverage.

Option #3: Catch-up

Under the catch-up option, the employer and employee agree that the employee will not pay premiums until he or she returns from leave.

This option might be used when the need for FMLA leave was not foreseeable, such as having to care for a parent who was unexpectedly hospitalized.

To use this option, the employer and employee must agree in advance that:

The employee elects to continue health coverage while on leave;
The employer will pay the employee’s share of premiums during the leave; and
The employee will repay those amounts when he or she returns.

When the employee returns, the employer collects the current premiums plus any catch-up payments, perhaps taking double premiums, until caught up. Contributions under the catch-up option may be taken on a pre-tax basis.

The IRS regulations indicate that, if the employee chooses the pay-as-you-go option, but fails to make the required payments, you may change to the catch-up option even without the employee’s prior agreement.

Key to remember

Employees on unpaid FMLA leave must still pay their share of health insurance premiums by either pre-paying, paying as they go, or making catch-up contributions upon returning to work.

2026-04-15T05:00:00Z

Nevada is the first state to limit what doctors can charge for FMLA certifications

Effective January 1, 2026, health care providers in Nevada may not charge more than $30 to complete a certification under the federal Family and Medical Leave Act (FMLA). This is the first state law (HB 305) enacted to address this particular issue. The state will adjust the $30 each January 1 based on the Consumer Price Index.

Why does this matter?

Employers may require that employees support their need for FMLA leave with a certification from a health care provider, but employees bear the cost of the certification. The FMLA doesn’t govern whether or how much health care providers charge for a certification, and in some situations, health care providers charge over $100 to complete them.

Such high costs can deter employees from getting a certification completed. But without a certification, employers might not be able to determine if the reason for the leave qualifies for FMLA protections. Without it, they might risk losing their job.

In some cases, employees might be left trying to find a doctor who doesn’t charge any fees to complete an FMLA certification, or at least charges less.

FMLA certification deadline

Since employees have 15 calendar days to give the employer the requested certification, hunting for a new doctor who doesn’t charge a certification fee can be challenging. The current doctor shortage can make it even harder.

Employers can hold employees to the deadline unless extenuating circumstances are involved. The FMLA regulations don’t explain what does or doesn’t qualify as “extenuating circumstances.” Trying to find a doctor who will complete a certification for a reasonable fee might be an extenuating circumstance. As long as the employee is putting forth a good-faith effort to get a certification, the employer might need to be flexible.

Takeaways for all employers

Nevada isn’t usually a bellwether state, but it’s at the forefront of controlling FMLA certification costs. Now that one state has blazed the trail on curbing certification costs, perhaps others will follow suit.

It’s important to note that no employer — in Nevada or any other state — is required to use FMLA certifications to approve (or deny) an employee’s leave. Many employers use certifications to help verify that the leave qualifies and to obtain information about leave schedules. But it’s not a mandated part of the FMLA process.

Key to remember: Employers in Nevada might find that employees are more forthcoming with FMLA certifications, now that they cost no more than $30.

Most Popular Highlights In Safety & Health

2026-05-06T05:00:00Z

Got chemicals? You may need a written HazCom program

What triggers the need for a written Hazard Communication (HazCom) program? The answer to this popular Expert Help question depends on certain requirements, definitions, and exceptions within the standard at 29 CFR 1910.1200. Simply put, if all four of the following statements apply, you must develop, implement, and maintain a written HazCom program at each workplace:

Your organization is an employer. OSHA defines “employer” at 1910.1200(c) as “a person engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.”
The HazCom standard applies. If you’re an employer, the standard applies if you have any hazardous chemical that’s known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency. “Hazardous chemical” means any chemical which is classified as a physical or health hazard, simple asphyxiant, combustible dust, or hazard not otherwise classified (HNOC).
At least one area/operation of the workplace where hazardous chemicals are present is covered by 1910.1200 and not simply exempted under paragraph (b)(3) or (b)(4). According to these paragraphs, OSHA does not require a written HazCom program to be developed for:
1. Laboratories [Note: See our Lab applicability FAQ for details on when a laboratory is covered by 1910.1450 or 1910.1200.], or
2. Work operations where employees only handle chemicals in sealed containers that are not opened under normal conditions of use, such as those found in marine cargo handling, warehousing, or retail sales.
  It should be noted, however, that these operations do have other obligations under the HazCom standard, outlined at 1910.1200(b)(3) and (b)(4).
At least one hazardous chemical in the workplace is covered by the standard and is not exempted under 1910.1200(b)(6). (Paragraph (b)(6) exempts certain substances from coverage by the HazCom standard.)

What information must the written program include?

Paragraph (e) of 1910.1200 outlines written program requirements. Although the program doesn’t need to be lengthy or complicated, it must include enough detail to explain how your organization is complying with the HazCom standard. There are specific elements OSHA will look for to ensure compliance:

A list of the hazardous chemicals known to be present in the workplace that matches the identifier on the container label and the safety data sheet (SDS).
The designation of person(s) responsible for ensuring labeling of in-house containers and the person(s) responsible for ensuring labeling of shipped containers (if any).
A description of any in-house labeling system(s) and any labeling alternatives used in the facility (if applicable).
A description of HazCom training provided to employees.
Procedures to review and update label information when necessary.
Methods used to inform employees of the hazards of non-routine tasks, such as cleaning reactor vessels, and the hazards of unlabeled pipes in their work areas.
An explanation of how the employer will comply on multi-employer worksites. Employers on multi-employer worksites who do not use hazardous chemicals, but whose employees are exposed to the chemicals used by other employers on the worksite, are required to have a program and train their employees on the hazards of the chemicals in the work areas.

Key to remember: If you’re covered by the HazCom standard, you may need a written program. It must include specific elements listed in 1910.1200(e).

2026-04-22T05:00:00Z

Ladders, familiar work, serious risks

Ladder-related standards consistently rank among OSHA’s top 10 most cited violations. Every year, serious injuries continue to occur, not because ladders are unsafe, but because they’re used in ways people don’t recognize them as risky.

Preventing ladder incidents starts with recognizing when everyday tasks introduce risk and making deliberate choices to use, position, and reassess ladders before unsafe habits take hold.

Ladders feel safe, until they’re not

Ladders don’t usually trigger a sense of risk because they’re seen as a part of everyday work. When tasks feel quick and familiar, people don’t always stop reassessing the setup. That’s how unsafe ladder habits with big consequences can develop, including:

standing on the top step “just for a second;”
reaching too far instead of climbing down;
using whatever ladder is closest, not the right one; and
skipping ladder inspections because “it worked last time.”

Ladder safety isn’t going away, and that’s not a bad thing

If ladder safety feels like a repeat conversation, that’s because the same risks keep showing up. New employees are hired; facilities and equipment changes, and old habits stick around longer than they should. Even experienced workers fall into this trap. Familiar tasks start to invite rushing. Rushing leads to shortcuts, and shortcuts are where ladder injuries happen.

Emphasis must be placed on recognizing the risk before the climb starts. This means knowing when a ladder is the wrong choice, repositioning is safer than reaching, and when a quick task deserves the same setup as a longer one.

Most incidents don’t start with bad intentions. They start with “just this once” decisions, one more rung, one quick reach, one skipped check. Effective ladder safety training is about breaking routines and refocusing attention on the decisions that make ladder work safer.

Routine work, repeat injuries

Ladder injuries follow a familiar pattern. They don’t usually come from unusual jobs or unexpected hazards, and they happen during everyday tasks that feel common. Injury reports often look the same, such as short tasks, quick setups, and decisions made under time pressure. The ladder didn’t fail. The setup and the decisions around it did.

Injury data from OSHA and the Bureau of Labor Statistics (BLS) consistently point to the same causes. That’s why the same types of ladder injuries keep occurring repeatedly, not because the hazards are unknown, but because routine work makes those hazards easier to overlook. These reasons include:

people underestimate the risk because ladders feel familiar;
jobs feel “too small” to stop and reset the ladder;
time pressure encourages leaning, rushing, and overreaching; and
experience leads to comfort, and comfort leads to shortcuts.

The rules are written in injuries

OSHA ladder requirements are built around real injury trends and are based on decades of injury data. Falls from ladders remain one of the leading causes of workplace injuries, which is why OSHA keeps ladders near the top of its enforcement priorities year after year:

OSHA 29 CFR 1910.23 defines how ladders are intended to be used, specifically prohibiting practices such as standing on the top step of a stepladder, using ladders for purposes they were not designed for, and climbing ladders that have not been inspected. These requirements exist because improper use, poor setup, and skipped inspections consistently show up in ladder fall investigations.

OSHA 29 CFR 1910.30 reinforces that preventing ladder injuries depends on training employees to recognize hazards before they climb, understand proper ladder selection and positioning, and know when a ladder is not the right tool for the task. Together, these standards emphasize that ladder injuries are not random events, they are predictable outcomes of routine decisions made during everyday work.

Small choices make a big difference

Ladder safety isn’t only about compliance. Incidents develop from a series of small, moment to moment decisions made during routine work. These choices made daily either reduce risk or quietly add to it. Ladder injuries can be avoided by taking the time to make simple improvements including:

inspecting and securing the ladder,
climbing down and repositioning,
selecting the proper ladder for the task, and
stopping when the ladder no longer feels stable or safe.

Key to remember: Take the time to choose safer setups, stay alert, and prevent routine decisions from turning into preventable injuries. When employees choose the correct ladder, reposition instead of reaching, and inspect before use, the risk of ladder injuries falls, not your employees.

2026-04-02T05:00:00Z

From hard hats to headspace: Why mental health is critical for every worker

Protecting workers’ heads takes more than a hard hat. A 2017 National Institute of Health (NIH) study looked at employees across four Kansas worksites and found a clear link between stress and productivity. The study revealed that higher stress scores were significantly associated with lower productivity and greater job dissatisfaction. The result of this study suggests that employers who actively work to reduce stress are not just improving mental health and morale, but they’re boosting productivity as well.

Hidden in plain sight

When Sebastian walked into the office each morning, no one could see the weight he carried. Deadlines were met, meetings attended, yet his smile never faltered. Inside, stress and anxiety were taking a toll, and his story isn’t unique.

One study showed a very interesting contrast: most employees (about 77%) stated they were comfortable supporting a coworker’s mental health. However, when it comes to their own stress or burnout, 42% worry that opening up about it or seeking help could hurt their career or make them a target. Even more striking, one in four have thought about quitting because of mental health challenges. And it’s not just long-term stress. A recent Gallup poll found that 41% of workers felt highly stressed just “yesterday.”

These statistics underscore a troubling theme that employees value and wish to nurture mental wellness; however, stigma, insufficient support, and overwhelming stress persist. Employers need to begin recognizing and proactively addressing workplace mental health in order to cultivate resilient, productive teams.

What one state is doing

The state of Michigan is piloting a new initiative aimed at improving workplace mental health which is increasingly being recognized as an occupational safety and health issue. This expands the state’s historically stringent approach to reducing on-the-job risks.

Michigan’s LEADS program—short for Learn, Educate, Act, Deploy, Study—is a four-month initiative designed to give employers practical tools to tackle stress, burnout, and communication breakdowns that often lead to safety incidents. The idea is simple: when communication falters and stress goes unchecked, mistakes happen. Those mistakes can mean more human errors, higher injury rates, quiet quitting, and turnover.

One of the program’s key features is an evidence-based organizational assessment. Think of it like a safety audit that’s focused on mental health risks rather than physical hazards. Employers get a clear picture of issues such as heavy workloads, unclear roles, workplace conflict or bullying, and weak support systems that can quickly erode a strong safety culture.

The end goal of the LEADS program is not to replace existing safety programs but rather strengthen them. Consider joining Michigan in their effort to enhance communication, better define workers’ roles, support unfettered reporting, and more effectively engage employees.

Key to remember: Stress doesn’t just weigh people down; it can have significant safety and productivity consequences. Programs like Michigan’s LEADS pilot initiative are giving employers the ability to tackle stress and burnout before they lead to mistakes, injuries, or turnover.

2023-12-19T06:00:00Z

Completing the 300A: Tips for the mathematically challenged

To create the 300A Annual Summary, you must calculate the average annual employees and total hours worked. Are you confident on doing the math?

Determining the annual average number of employees might not require any math. OSHA says that if you pay about the same number of employees every pay period, you can use that as your annual average. For example, if you had roughly 50 employees all year, you could simply use 50 as the annual average. Remember to include temps from a staffing agency if you supervise their daily activities.

Some locations might have significant staffing changes due to growth, layoffs, or seasonal workers. These locations may need to calculate the average workforce. OSHA provides a four-step process:

Add up the number of employees paid IN EACH PAY PERIOD during the year.
Determine the number of pay periods. For example, if you pay every two weeks, you have 26 pay periods.
Divide the number of employees by the number of pay periods.
Round the result up to the next highest whole number.

To illustrate, suppose a department store (NAICS 452210) has 17 employees for most of the year, but hires 6 part-time workers during the holiday shopping season, increasing to 23 employees. The location pays them every two weeks and has 26 pay periods.

For simplicity, assume that during each of the first 21 pay periods of the year, the store had exactly 17 employees. They get counted every pay period, so 17 employees times 21 pay periods equals 357 employees.

During the last five pay periods, the location had 23 employees. They also get counted during those five pay periods, so 23 employees times five pay periods equals 115 employees.

Adding them up (357 plus 115) gives a total of 472 employees. When divided by the 26 pay periods, the average number of employees for the year is 19 (actually 18.15 rounded up to 19).

Certain employers (including department stores) must electronically file the 300A by March 2nd if the establishment had 20 or more employees at any time during the year. This department store must therefore file through OSHA’s Injury Tracking Application website because it reached 20 or more employees for at least one pay period.

Total hours worked

Determining the total hours worked probably involves your Human Resources or payroll department. They key is to count only hours worked, not hours paid. Do not include vacation, sick leave, holidays, or other non-working time even if employees were paid for that time. If some employees are not paid the by the hour (such as salaried or commission employees) you can estimate their total hours.

The total hours are used to calculate the Total Recordable Incident Rate (TRIR), or incident rate, which is expressed as a ratio of injuries per 100 workers. For instance, a rate of 2.3 means that for every 100 employees, 2.3 employees had recordable injuries.

However, the incident rate is actually a ratio of injuries per 200,000 hours worked (representing 100 employees working 40 hours per week for 50 weeks). This allows OSHA to compare locations regardless of part-time staff, since the rate depends on hours worked, not on the number of people. This is also why employers don’t count vacation or holiday hours; employees cannot get work-related injuries during those hours.

Key to remember: Correctly calculating your workforce size and total hours worked ensures an accurate 300A summary and incident rate.

2022-05-10T05:00:00Z

Narrow-aisle forklifts: Are you aware of “under-ride” hazards?

A judge with the Occupational Safety and Health Review Commission (OSHRC) recently upheld a citation against a warehouse employer related to a crushing hazard with stand-up, narrow-aisle forklifts.

In particular, the hazard cited is known in industry as an “under-ride” hazard, where the operator of a stand-up forklift can contact racking beams, due to the equipment’s operator compartment being open. Incidents can happen if the operator travels with the forks trailing and backs up toward the storage rack. If the operator drives the lift too far, so that it passes beneath the horizontal crossbar (i.e., “under-rides”), the crossbar can enter the operator’s compartment and crush the operator inside the compartment.

OSHA does not have a specific standard addressing this issue. However, the agency has used the General Duty Clause of the OSH Act, often referencing the manufacturer’s operating instructions, as well as a Safety and Health Information Bulletin the agency issued a few years ago, to hold employers responsible for preventing the hazard.

In the case, OSHA investigated a fatality where a stand-up operator contacted racking and sustained fatal injuries. OSHA cited the company under the General Duty Clause of the OSH Act for not lowering the racking beam to prevent the hazard and/or installing guards on the lift trucks.

The company argued, among other things, that OSHA was preempted from using the General Duty Clause because the agency has standards addressing forklift operation and forklift operator training. Further, the company argued that after a previous under-ride incident, the company widened aisleways as a means to prevent further incidents.

The judge sided with OSHA, saying that training alone could not protect workers sufficiently, nor would widening the aisles totally mitigate the hazards, as evidenced by the fact that a second incident occurred. The judge upheld the citation.

What you can do If you have stand-up forklifts with open operator compartments, it’s important to survey your facility for possible under-ride hazards. This is particularly important if the equipment operates in narrow-aisle racking.

Some potential ways to eliminate or control under-ride hazards, include: • Adjust the shelf heights so that the body of the forklift below the operator’s compartment will strike the rack in the event of contact, preventing under-ride from occurring.

Adjust the shelf heights so that the forklift’s overhead guard will strike the rack in the event of contact, preventing under-ride from occurring.
Install a barrier, even with the outer edge of the storage rack (such as a curb or floor level shelf), so that the bottom of the forklift will strike the curb or shelf in the event of contact, preventing an under-ride from occurring.
Purchase, where appropriate, stand-up forklifts that have corner posts, extended backrests, rear post guards, or other features to prevent an under-ride from occurring. (Specific guards or other means that enhance safe operations would be determined through cooperation between the user and manufacturer.)
Contact the manufacturer to discuss installing rear post guards or other equivalent protections that address the under-ride hazard on existing stand-up forklifts. These posts may be available from the forklift manufacturer.
Evaluate control methods to assure that guards do not limit visibility, present pinch-point hazards, or add any additional hazard to forklift operators or other employees on the site.
Train employees to operate forklifts safely as required by paragraph (l) of 29 CFR 1910.178, including recognizing the hazards of the workplace created by the use of the vehicles.

2026-04-21T05:00:00Z

OSHA revokes House Falls in Marine Terminals standard

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

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

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

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