What are the 3 types of National Pretreatment Program standards?

Single-use plastics: New bans and restrictions

Several states have enacted new bans on polystyrene foam containers, plastic straws, and produce bags:

• California SB 1046, as of January 1, 2025, bans expanded polystyrene (EPS) food containers unless they meet a 25 percent recycling rate. Precheckout bags must be compostable or made of recycled paper.
• Delaware SB 51 bans foam containers and plastic stirrers unless requested by the customer.
• Oregon SB 543 bans EPS containers and food packaging with intentionally added PFAS.
• Virginia bans food vendors from using EPS containers starting July 1, 2025.

Compliance tip: Audit your packaging inventory and supplier certifications. Ensure alternatives meet compostability or recyclability standards.

Extended Producer Responsibility (EPR): Expanding nationwide

EPR laws now apply in several states. These laws require companies to help pay for recycling and report packaging data:

• Maryland SB 901 allows multiple Producer Responsibility Organizations (PROs) and mandates cost-sharing for recycling.
• Washington SB 5284 targets consumer packaging with compliance deadlines starting in 2028.
• Colorado bans unregistered producers from selling covered products as of July 1, 2025.
• California SB 54 revised draft rules released in May 2025 to include new compliance dates and exemptions.

Compliance tip: Register with your state’s PRO, submit packaging data, and prepare for fee schedules. Track deadlines and exemptions closely.

Chemical recycling: Regulatory reclassification and impacts

States like Texas and Pennsylvania now classify chemical recycling as manufacturing, not waste management. This shift encourages investment but also changes permitting and emissions reporting obligations.

Compliance tip: If your facility uses or contracts chemical recycling, review air and water permits. Ensure alignment with manufacturing regulations.

Per and polyfluoroalkyl substances (PFAS): Phaseouts and hazardous waste updates

More states are banning PFAS in packaging and cookware:

• Minnesota, Oregon, Rhode Island, and New Mexico have banned or phased out PFAS in consumer products.
• Illinois SB 727 aligns PFAS limits with the Environmental Protection Agency standards.

Compliance tip: Update product Safety Data Sheets and conduct PFAS audits. Prepare for new reporting under TSCA Section 8(a)(7), including data on manufacture, use, and disposal.

Circular economy and composting: Recent mandates

States are setting zero-waste goals and requiring composting:

• Hawaii HB 750 launches a statewide recycling needs assessment.
• Maine LD 1065 requires large food waste generators to compost by 2030.

Compliance tip: Evaluate organics diversion programs and infrastructure. Consider partnerships with composting facilities.

EHS teams: What to do now

• Map your regulatory exposure: Identify which state laws apply to your operations.
• Engage with PROs: Register, report, and participate in rulemaking.
• Train staff: Ensure procurement, operations, and legal teams understand new requirements.
• Audit packaging and waste streams: Replace banned materials and optimize recycling.
• Monitor emerging legislation: Stay ahead of new bills and compliance deadlines.

Key to remember: Staying compliant in 2025 means more than avoiding fines. EHS teams must lead efforts to meet new waste laws and support sustainability goals.

Federal Motor Carrier Safety Administration (FMCSA)

It’s generally business as usual for the FMCSA. Roadside inspections are considered an essential safety function. Both federal and state enforcement partners perform these inspections, and most weigh stations are run by state Department of Transportation (DOT) agencies, which aren’t directly affected by a federal shutdown.

Drivers should assume inspections will continue as normal. Violations will still result in citations, out-of-service orders, and compliance reviews.

While the day-to-day enforcement likely won’t change, some aspects of the FMCSA and DOT operations may slow down, such as:

• Rulemaking and new initiatives: Any changes to federal regulations will pause.
• Audits and investigations: Compliance reviews and safety audits may take longer, although the enforcement of violations will continue.
• Administrative support: Processing non-urgent matters, permits, or correspondence may be slower.

New registrations and filings, such as new USDOT numbers, new authority, and Unified Carrier Registration filings, will likely experience delays until the shutdown is resolved.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

The picture is more complex at PHMSA. The DOT plan says about one-third of the agency's 580 employees are expected to be furloughed. Inspections of hazardous materials shippers, carriers, and other entities will continue, as will enforcement of the hazardous materials safety regulations. However, a variety of administrative functions are expected to be impacted, including non-emergency approvals and permits, rulemaking activities, research, grants, outreach, and the hazmat registration and fee-collection program.

Occupational Safety and Health Administration (OSHA)

OSHA will continue only its essential functions, including:

• Inspections for imminent danger situations, workplace fatalities, and catastrophes;
• Review and referral of whistleblower complaints tied to imminent threats;
• Follow-up inspections of serious violations without abatement; and
• Enforcement actions needed to meet statutory deadlines on high-risk cases.

All other agency activities such as rulemaking, programmed inspections, compliance assistance, website updates, and outreach programs are suspended. Only employees designated as essential may continue working, and the Occupational Safety and Health Review Commission halts all operations for the duration of the shutdown.

Environmental Protection Agency (EPA)

EPA has implemented its contingency plan, resulting in a significant reduction in operations. Approximately 90 percent of EPA staff have been furloughed, leaving around 1,700 personnel to continue essential functions, including emergency response operations, law enforcement, criminal investigations, maintenance of critical laboratory assets, and Superfund site work only if halting it poses an imminent threat to human life.

Most routine EPA functions have been suspended (like issuing permits and regulations). The agency has also paused work on climate-related regulations and restructuring efforts unless deemed essential or funded through exempted sources (e.g., Infrastructure Investment and Jobs Act or specific fee-based programs).

Equal Employment Opportunity Commission (EEOC)

The EEOC, which investigates discrimination claims, is closed during the shutdown. The agency won’t be responding to inquiries during this time, but a limited number of services will still be available. If employees want to file a discrimination charge, they should be aware that time limits for filing a charge won’t be extended due to the shutdown.

Additional information on filing new charges, the status of pending charges, or other existing business with the EEOC, etc., will likely be delayed. During the shutdown, information on the EEOC website won’t be updated. In addition, transactions submitted via the website won’t be processed, and EEOC staff won’t be able to respond to requests or questions submitted to the EEOC, including those submitted by email or through its website, until the shutdown is over. 

Members of the public who call the EEOC during the government shutdown will be able to access the pre-recorded information available on the EEOC's Interactive Voice Response System, but EEOC staff will not be available to assist them. Email inquiries sent to the agency will be monitored for urgent matters but generally not addressed during the shutdown.

National Labor Relations Board (NLRB)

NLRB offices are closed during the shutdown, and hearings are postponed. Because documents may not be filed on the NLRB website during the shutdown, due dates for filing documents will be extended.

As the 6-month statute of limitations for filing unfair labor practice charges remains in effect, the agency recommends mailing or faxing a copy of the charge to the regional office during the shutdown.

Department of Labor (DOL)

The DOL is also shut down, except for activities such as those needed to protect life and property. All regulatory work has ceased, including the final rules on independent contractors and joint employers.

The Wage and Hour Division (WHD), which enforces laws such as the Fair Labor Standards Act and the Family and Medical Leave Act, dropped from 1,270 employees to 7. Employees won’t be able to file claims under such laws.

The agency will monitor and respond to child labor investigations and will pursue and address legal cases or investigations in jeopardy of being lost due to a statute of limitations or as otherwise ordered by the court. It will also continue to process certain benefits payments and support federal and state unemployment programs.

The Employee Benefits Security Administration (EBSA) generally stopped its research activities, audits, compliance assistance, and IT support.

The Veterans’ Employment and Training Service (VETS) stopped conducting investigations of the Uniformed Services Employment and Reemployment Rights Act.

U.S. Citizenship and Immigration Services (USCIS)

Employers must continue to use the Form I-9 during the shutdown to verify that an employee is eligible to work in the United States. The form must be completed within 3 business days after the employee’s first day of employment.

The form may be downloaded from the USCIS website. The agency expects to retain the majority of its employees during the shutdown.

Employers who use the online E-Verify system to confirm an employee’s eligibility to work in the United States may experience a system shutdown, however. In the event of an E-Verify shutdown, employers won’t be able to create E-Verify cases, run reports, or resolve tentative non-confirmations.

E-Verify employers should continue to complete a Form I-9 for each new employee. After the shutdown ends and the E-Verify system is operational, employers should create E-Verify cases for employees who were hired when the website was not available.

In the event of an E-Verify system shutdown, it’s likely that the USCIS will extend deadlines for creating E-Verify cases and resolving tentative non-confirmations. The agency is expected to provide further guidance.

Federal contractors and government employees

Federal contractors and government employees from shut-down agencies are either furloughed — prohibited from work and unpaid — or required to work without pay if their roles are deemed essential to public safety.

Payments to companies with a federal contract may be delayed, and they may receive a stop-work order. Contracts will not be issued or extended during the shutdown.

The Office of Federal Contract Compliance Programs website is not being updated during the shutdown.

What are the preconstruction permit requirements?

Under the New Source Review (NSR) regulations (40 CFR Part 51 Subpart I and Part 52 Subpart A), businesses that build a new facility or make major modifications to an existing one have to obtain a preconstruction permit to “begin actual construction.” EPA defines “begin actual construction” as “physical on-site construction activities on an emissions unit which are of a permanent nature.” It covers activities including (but not limited to) installing building supports and foundations, laying underground pipework, and constructing permanent storage structures.

There are three types of preconstruction permits: Prevention of Significant Deterioration (PSD) permits, nonattainment NSR permits, and minor source permits. The permits define:

• What construction is allowed,
• Emissions limits, and
• How the source must be operated (if applicable).

It’s important to note that most preconstruction permits are issued at the state or local levels. The requirements must be at least as stringent as EPA’s.

What’s the case?

A county air quality district in Arizona asked EPA to assess whether it may allow a company to start the first phase of construction on a semiconductor manufacturing facility before obtaining an NSR permit if no emissions units are involved.

EPA answered the request with "TSMC Arizona Begin Actual Construction — EPA Response Letter" (September 2, 2025) and published the letter as new guidance.

Facts of the case

The company builds its facilities in three phases and doesn’t install the semiconductor manufacturing equipment until all phases are complete.

The first phase of construction consists of building the core and shell of the facility, which includes the foundation, a steel superstructure, and external walls. The building will eventually house emissions units (semiconductor manufacturing equipment). However, the company stated that the first phase of construction doesn’t involve any air pollution control devices, emissions units, or foundations for emissions units.

The county air quality district agreed that if a structure contains no emissions unit, it’s not subject to NSR permitting because it doesn’t emit or have the potential to emit pollutants.

EPA response to the case

In the September 2025 response letter, EPA recognized that the definition of “begin actual construction” prohibits on-site construction of an emissions unit without a permit, but it doesn’t prohibit on-site construction of the parts of a facility that don’t qualify as an emissions unit.

The agency determined that the county air quality district may allow the company to start the first phase of construction (even if it’s of a permanent nature) before it obtains an NSR permit as long as it doesn’t involve construction on an emissions unit.

What are EPA’s regulatory plans?

The agency will conduct rulemaking to clarify what construction activities need an NSR permit and what construction activities can proceed without one. It plans to amend the NSR regulations in 2026 by:

• Revising the definition of “begin actual construction," and
• Establishing how permitting authorities may distinguish parts of a facility that are and aren’t emissions units or parts of emissions units.

Until then, EPA will address preconstruction permitting issues on a case-by-case basis.

How should facilities respond?

If you’re planning to build a new facility or make a major modification to one, consider these tips to help you comply with the NSR regulations:

• Check whether the state and local requirements are the same as or stricter than federal rules. The state environmental department’s website is a good place to start.
• Contact the permit-issuing agency (likely the state or local air pollution control agency) for direct help with your specific project.
• Watch EPA news announcements for updates on rulemaking. You can also track the Federal Register, where the agency publishes proposed and final rules.

Key to remember: EPA plans to conduct rulemaking to help distinguish which construction activities need a preconstruction permit for air emissions and which activities don’t.

The catastrophic incident

Picture an 80,000-barrel aboveground storage tank. On March 17, 2019, the circulation pump on the tank failed, allowing the release of a flammable butane-enriched naphtha blend. The release was undetected, as vapor accumulated in the area for 30 minutes. The vapor then ignited, resulting in a large-scale fire that spread to 14 other tanks. Fire crews were unable to extinguish it for three days. Black smoke cascaded into the community that was sheltering in place.

Then the petrochemicals, firefighting foams, and contaminated water broke past the secondary containment wall. An estimated 500,000 barrels of the materials then entered an adjacent bayou and reached a shipping channel contaminating a seven-mile stretch.

What did investigators find?

The CSB investigation found technical failures. The video identifies three important but missing things:

• Procedures to maintain the mechanical integrity of the pump,
• Flammable gas detection systems, and
• Remotely operated tank valves.

Outdated tank farm design was also a factor. Tanks were spaced close together and did not have subdivided containment systems.

Despite the process issues, regulatory shortfalls played a prominent role in the board’s findings. CSB Chairperson Steve Owens remarks, “A serious gap in federal regulations also contributed to the severity of this event.”

OSHA regulatory gap

The CSB video, "Terminal Faiure," points out that 29 CFR 1910.119, the OSHA Process Safety Management (PSM) standard, does not cover all flammable liquids. Those stored in atmospheric tanks and kept below their normal boiling point without chilling or refrigeration are not subject to the standard. This is referred to in industry as the “flammable liquid atmospheric storage tank exemption.” See 1910.119(a)(1)(ii)(B).

The terminal facility company took the position that the storage of the butane-enriched naphtha product in the tank was excluded from PSM coverage. It based this stance on the exemption. According to CSB, had the OSHA PSM standard applied to the tank and its equipment, the terminal facility would have been required to implement a formal PSM system.

That system would have given the company a better chance to identify and control hazards for the tank and its equipment. Had the terminal facility put a comprehensive PSM system in place that effectively identified and controlled the tank/equipment hazards, the company could have prevented this incident, argues CSB.

EPA regulatory gap

Unlike the PSM standard, the Risk Management Program (RMP) standard at 40 CFR 68 does not include an exemption for atmospheric storage of flammable liquids. However, CSB highlights that 68.115(b)(2)(i) has a significant loophole. It reads, “[I]f the concentration of the substance is one percent or greater by weight of the mixture, then, for purposes of determining whether a threshold quantity is present at the stationary source, the entire weight of the mixture shall be treated as the regulated substance unless the owner or operator can demonstrate that the mixture itself does not have a National Fire Protection Association [NFPA] flammability hazard rating of 4.”

The terminal facility determined that the butane-enriched naphtha product contained in the tank was not subject to RMP because it was an NFPA-3a rated material. While the CSB is not validating the terminal’s NFPA “3” finding, the board speculates that had the EPA RMP standard applied to the tank and its pump, this incident likely would not have occurred.

CSB recommends closing the regulatory loopholes

In the recently released video, CSB recommends that:

• OSHA eliminate the atmospheric storage tank exemption from the PSM standard — The board insists that the atmospheric storage tank exemption in the OSHA standard continues to allow for catastrophic incidents to occur. Without PSM coverage, necessary safeguards are not being implemented for equipment that should otherwise be covered, CSB says.
• EPA modify 68.115(b)(2)(i) to expand coverage of its RMP standard to include all flammable liquids, including mixtures, with a flammability rating of NFPA-3 or higher — NFPA-3 flammability rated materials have resulted in significant explosions and fires similar to those contemplated to occur from NFPA-4 rated materials, observes CSB.

Owens emphasizes, “We believe that our recommendations, particularly to OSHA and EPA, to expand regulatory oversight of these kinds of chemicals and facilities will help ensure that a similar incident does not occur in the future.”

Key to remember

A new CSB video recounts the events involved in a massive storage tank fire. At the same time, the video warns of blind spots in OSHA PSM and EPA RMP regulations that may lead to other incidents in the U.S.

What’s a WCPP?

When specific uses of chemical substances (i.e., conditions of use) in an occupational setting may pose unreasonable risks of injury to employees or the environment, Section 6 of TSCA requires EPA to develop regulations that reduce or mitigate those risks. The agency implements WCPPs to address the risks.

A WCPP requires covered entities to take certain actions in the workplace that shield individuals who engage with the conditions of use from inhalation and/or dermal risk.

Who’s subject to a WCPP?

The requirements of a WCPP may apply to entities that manufacture (including import), process, distribute in commerce, use, or dispose of a TSCA-regulated chemical substance.

The WCPP program extends beyond those who directly handle a regulated chemical substance to anyone in the workplace who’s exposed or who could be exposed to it (e.g., employees, independent contractors, volunteers, etc.).

What are the components of a WCPP?

A WCPP generally consists of multiple elements:

• Exposure limits, such as Existing Chemical Exposure Limits (ECELs), set the amount or concentration of a chemical substance that can be in the air.
• ECEL action levels establish airborne concentration limits that, if exceeded, activate additional requirements (like more frequent monitoring).
• Exposure monitoring measures and compares air concentration levels to the exposure limits.
• Regulated areas establish where airborne concentrations of the chemical substance are above or have a reasonable possibility to go above exposure limits. Facilities limit access to these areas to control exposure.
• An Exposure Control Plan documents the selection and implementation of controls used to reduce exposure. It's developed according to the hierarchy of controls, which mandates that the most protective actions used to reduce hazardous exposures be considered first. The general order is elimination, substitution, engineering controls, administrative controls, and then personal protective equipment (PPE) use.
• Dermal and inhalation control measures may consist of direct dermal contact control measures (like removing the chemical substance at the source before a worker encounters it) and PPE use (such as requiring workers to wear chemical-resistant gloves or use respirators when handling the chemical substance).
• Training applies to workers who are or could be exposed to the chemical substance and typically covers multiple elements of the WCPP (work processes, proper PPE use, and exposure controls, for example).
• Recordkeeping demonstrates compliance with the WCPP. Facilities usually have to maintain records of monitoring results, Exposure Control Plans, regulated areas and those authorized to use them, training, and PPE programs.
• Downstream notifications alert others in the supply chain of WCPP requirements. Manufacturers, processors, and distributors generally provide the required information on a chemical substance’s Safety Data Sheet.

Know the chemical-specific requirements

If your facility is subject to a WCPP, it’s essential to know the regulations that apply to the specific chemical substance. The chemical’s rule will define the conditions of use to which the WCPP applies and may contain different or additional requirements. Also, state or local regulations may have stricter rules that dictate how (and if) your facility can use the chemical substance.

Key to remember: Facilities that use TSCA-regulated chemical substances may have to comply with EPA’s workplace chemical protection program to protect workers and other exposed individuals from unreasonable health risks.

Guidelines for developing safety policies

Start with these 5 basic elements for effective policies:

1. Keep policies simple and easy to remember.
2. State clearly:
   • Who the policy applies to;
   • What is and isn’t allowed;
   • Where can exceptions be made, if any; and
   • The consequences of not following a policy.
3. Put the details in the procedures, not the policies.
4. Make sure policies meet or exceed regulatory minimums, with limited exceptions.
5. Follow policies consistently, even if they’re stricter than what the law requires.

The following questions can help assess the fairness of safety policies:

• Do leaders visibly support fairness and accountability?
• Are all employees treated the same and without special treatment?
• Are exceptions to policies often made depending on the circumstances?
• Is the discipline for breaking the rules consistent for everyone—drivers and managers?
• Does a progressive discipline system give employees a chance to improve before facing consequences?

Dash cam policy considerations

Maintaining driver privacy and trust is key to gaining driver acceptance when implementing a dash cam program. Several considerations to address in a dash cam policy and related procedures are as follows:

• Explain how the system works, such as what triggers videos, what happens after (like coaching or training), and how behaviors connect to the discipline policy.
• Use videos for one-on-one coaching unless the driver agrees to share with a group.
• Protect videos from improper access or use.
• State that no one will watch drivers live unless there’s an emergency (if the system allows).
• Store only event-triggered videos a set number of seconds before and after the event.
• Avoid audio recording to protect privacy and comply with any state laws.
• Obtain driver consent before using fingerprints, face scans, or other biometric data.

Recognition and employee input

Policies should go beyond disciplinary measures. They should include employee recognition and welcome employee input.

4 rules to consider with recognition and employee input are:

1. Maintain an open-door policy regarding safety and enforcement concerns.
2. Reward drivers for safe behavior through recognition and share cost savings from safety and efficiency improvements in their paychecks.
3. Encourage employees/drivers to report unsafe behaviors—without punishment.
4. Take timely action to remedy valid concerns.

Maintaining policies

To keep policies relevant:

• Review policies regularly to make sure they still meet or exceed regulatory and operational requirements.
• Train employees on changes and get their signed acknowledgment.
• Have a document retention policy approved by legal counsel and Human Resources and make sure any changes made match the discipline policy.

Key to remember: Effective policies outline a carrier’s expectations, build trust, and convey how to recognize employees for meeting and exceeding standards, which in turn attracts and retains drivers.

Actionable steps

Federal crash investigators recommend that motor carriers take concrete steps to prevent future crashes like this one.

• Implement a driver monitoring system. This technology can detect driver inattention, distraction, and fatigue, issuing real-time alerts to refocus the driver. When paired with coaching, these systems are proven to reduce risky behaviors.
• Adopt collision avoidance technologies. Forward-collision warning systems and automatic emergency braking can alert drivers to slow traffic and apply the brakes if the driver fails to respond. Make these systems a non-negotiable add-on in your vehicle specs.
• Promote in-cab digital alerts. In-cab alert systems can warn drivers of dangerous slowdowns and queues in real time. These may be available as an add-on to your existing fleet management system.
• Strengthen policies and coaching. Go beyond “no handheld devices” policies. Use monitoring systems and event recorders to identify risky behaviors and provide targeted coaching. Document all violations and interventions, and hold regular safety meetings that include distraction awareness and technology updates.
• Watch for warning signs. Review roadside inspection data for signs of distracted driving. (In the case described above, the driver had been warned during a roadside inspection a year earlier about having a video game open on his phone.)

Key to remember: Distraction is not just a compliance issue — it’s a life-and-death risk. Prevention demands a multi-layered approach. Lead the charge by deploying technology, enforcing policies, and fostering a culture of vigilance and safety.

Details of the rule

Effective immediately, under the interim final rule (IFR), to obtain a non-domiciled CLP or CDL, non-citizens (except lawful permanent residents) must meet specific requirements, including possessing an unexpired foreign passport and a valid, non-expired employment-based visa.

State driver licensing agencies (SDLAs) will be required to query the Systematic Alien Verification for Entitlements (SAVE) system to verify the non-domiciled CDL applicant’s immigration status.

The SAVE system, administered by U.S. Citizenship and Immigration Services (USCIS) is used by government agencies to verify the immigration status and U.S. citizenship of applicants for public benefits and licenses.

The IFR shortens the term of a non-domiciled CDL to one year or the expiration date of the visa, whichever occurs first. Also, all renewals will need to be completed in person at an SDLA office (no mail or online renewal option).

Enforcement action against California

FMCSA has also announced that in addition to this emergency rule, FMCSA has initiated a direct enforcement action against California. The state must immediately:

• Pause issuance of non-domiciled CDLs,
• Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations, and
• Revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.

California has 30 days to come into compliance, or FMCSA will withhold federal highway funds — starting at nearly $160 million in the first year and doubling in year two.

FMCSA cited a recent audit that revealed that 25 percent of non-domiciled CDLs were issued improperly as the reason for the immediate action.

How equipment failure turns into a hazard:

Neglected maintenance can create serious risks, including:

• Mechanical failures – unmaintained machinery can suddenly seize, break apart, or eject parts.
• Electrical hazards – frayed cords, worn insulation, or faulty breakers can cause shocks or fires.
• Chemical releases – worn seals, cracked tanks, or failed valves can ultimately lead to hazardous spills.
• Ergonomic strain – poorly calibrated or damaged equipment can force employees into awkward or unsafe positions.

These risks aren’t just hypothetical; OSHA frequently cites employers after incidents where the root cause was poor or non-existent preventative maintenance.

Key elements of a safety driven PM program:

1. Risk based scheduling – prioritize maintenance on equipment with the greatest safety risks (ex. forklifts, overhead cranes, pressure vessels, and electrical systems). Maintain a critical equipment registry that highlights assets where failure could lead to injury or regulatory violations.
2. Standardized procedures – document step-by-step PM tasks with a strong emphasis on safety. For example, include lockout/tagout steps, PPE requirements, and confined space entry procedures. Train employees to follow SOPs consistently to reduce human error.
3. Qualified personnel – preventative maintenance is only as good as the people performing it. Ensure technicians are trained not only on the task, but on the safety hazards of the equipment.
4. Integrated safety checks – incorporate safety specific items in PM inspections such as checking emergency stops, guarding, grounding, or ventilation performance.
5. Document everything – use digital tracking to log inspections, repairs, and part replacement. This protects employers during audits and helps spot recurring issues.
6. Operator involvement and pre-use checks – empower front-line employees to perform daily pre-use inspections such as forklift inspections and machine guarding verification. Create simple reporting tools to flag issues before they escalate.
7. Corrective action and follow-up – establish a system for tracking identified hazards until resolution through work orders or corrective action logs. Communicate completion of corrective actions to affected employees.

A well-run preventative maintenance program is, at its heart, a safety program. While cost savings and productivity gains are valuable, the greatest benefit is protecting workers from harm’s way. By preventing equipment failures, ensuring safety systems function correctly, and reinforcing a culture of care, PM programs create a safer workplace where employees can perform their jobs with confidence. Simply put, machines can be replaced – people cannot. That’s why preventative maintenance isn’t just smart business, it’s a commitment to worker safety.

Keys to remember: A safety driven PM program isn’t just about keeping machines running. It’s about making sure every inspection, service, and repair is performed with worker safety in mind.

Who pays?

The UCR program requires the following entities operating in interstate commerce to pay an annual fee based on fleet size:

• Private property carriers;
• For-hire passenger, property, and exempt commodity carriers;
• Freight forwarders;
• Leasing companies; and
• Brokers.

Carriers domiciled in Canada or Mexico operating in the United States are also subject to UCR registration.

Why timely registration matters

Enforcement begins January 1, and non-compliance can impact both revenue and reputation.

Failure to register by the December 31 deadline may result in penalties, citations, or delays during roadside inspections.

Beyond compliance, UCR registration reflects your company’s commitment to safety and regulatory integrity. It signals to clients, partners, and regulators that your business operates responsibly and within the bounds of federal and state law.

Three tips to stay on track

1. Mark your calendar: October 1st to December 31st is your window. Plan ahead to avoid the holiday rush.
2. Know your fleet size: Fees are based on fleet size, so have your vehicle count ready.
3. Use the official site: Register at www.ucr.gov to avoid scams or third-party fees.

Three key dates to remember

1. Registration opens: October 1, 2025
2. Registration deadline: December 31, 2025
3. Enforcement begins: January 1, 2026

What are the fees for 2026?

For the 2026 UCR year, the fees are the same as for 2025. The fee schedule is based on the number of commercial motor vehicles operated.

Cost savings

Outsourced inspections often come with high labor rates and administrative fees. In contrast, internal inspections allow carriers to leverage their existing staff. Over time these savings really add up. The larger the fleet the bigger the savings. In-house inspections may be a practical choice to utilize existing resources and may also be a financially strategic move.

Operational efficiency

In-house annual inspections help carriers operate more efficiently by giving them greater control over scheduling and minimizing disruptions with day-to-day operations. Internal inspections help carriers align driver availability and route planning during peak times. Scheduling inspections during a driver's day off or home time helps prevent unplanned delays that often occur using third party providers. This proactive approach ensures trucks are ready with delivery or pickup schedules. As a result, carriers can maintain tighter timelines and improve on-time performance. Ultimately, performing inspections in-house develops a more agile and dependable fleet.

Customization

Do you know if a Commercial vehicle with no mirrors would pass an annual inspection? Appendix A to part 396 outlines the minimum requirements to pass the inspection. Critical items, such as brakes, steering, and lighting, are required to be inspected. While a third party should notify you of any existing defects, they are not obligated. In-house inspections give the carrier the flexibility to tailor their inspections to their unique operational priorities. While Appendix A covers the minimum requirements for an annual inspection, carriers have the ability to go beyond the minimums and include items that reflect specific problems or concerns. Inspections can also be done on a more frequent basis to ensure compliance. This type of customization enhances safety and supports proactive fleet management by addressing potential problems before they occur.

Inspector qualifications

There is no certification that allows a person to perform annual inspections. Instead, the mechanic must only be qualified.

To be qualified the inspector must:

• Understand the inspection criteria: Must be familiar with Appendix A of Part 396 and be able to identify defective components.

• Must be knowledgeable and skilled: This means having mastered the methods, procedures, tools, and equipment used during the inspections.

• Must have relevant experience or training.
  • This could mean the mechanic has successfully completed a federal or state sponsored training program.
  • Another option is that they have at least one year of combined training and/or experience. This can include a manufacturer sponsored training program, experience as a mechanic for inspector in a motor carrier maintenance program, or experience at a commercial vehicle maintenance at a garage or similar facility.

It is the responsibility of the carrier to retain evidence of the inspector’s qualifications while they are performing inspections for the carrier and for one year after.

Key to remember: In-house inspections allow for cost savings of out-of-pocket expenses and create more efficient fleets, while allowing for more customized inspections resulting in fewer unexpected breakdowns.

Actions to take

Despite the shutdown, employers must still comply with applicable hiring laws. They should note that:

• The Form I-9 is still required: Although the E-Verify system is unavailable, employers still need to use the Form I-9 to confirm that new hires are eligible to work in the United States. The form must be completed within three business days after the employee’s first day of employment. Information from forms completed during the shutdown should be entered into the E-Verify system after it resumes operation.
• Remote document review is allowed: Employers enrolled in E-Verify have the option of reviewing an employee’s documentation remotely, using a video interaction and scanned documents. This alternative procedure is allowed during the shutdown if an employer remains enrolled in good standing in E-Verify.

Mismatch resolutions on hold

Sometimes the information on an employee’s Form I-9 doesn’t match the information in the E-Verify system. When this happens, an employee has 10 federal government working days from the day the mismatch is issued to let an employer know whether they’ll resolve the issue.

During the government shutdown, employees cannot resolve these E-Verify tentative nonconfirmations, or mismatches. Employees with a Social Security Administration mismatch must wait until E-Verify operations resume to visit a Social Security Administration office to resolve the mismatch.

Watch for more information

After the shutdown ends, it’s likely that the U.S. Citizenship and Immigration Services will extend deadlines for creating E-Verify cases and resolving tentative nonconfirmations. The agency is expected to provide further guidance on deadline extensions.

Key to remember: The E-Verify system isn’t available during the government shutdown but all employers must continue to fill out the Form I-9 for new hires. E-Verify employers should watch for further guidance about deadline extensions.

The story

Melissa, a clerk, was in remission from breast cancer, but she was still medically vulnerable. Because of this, when the pandemic hit, her employer allowed her to work her full-time job remotely. During that time, Melissa didn’t perform the parts of her job that required her to be on-site.

Two years later, as the pandemic waned, Melissa asked to continue working remotely as an ADA accommodation, but her employer refused.

Melissa then asked if she could work remotely three days per week, but her employer rejected that request, too.

Her employer said that the requested accommodations would pose an undue hardship.

Melissa eventually resigned. She sued her former employer for failing to accommodate her, in violation of the ADA.

The courtroom scene

In court, the employer argued that Melissa’s in-person job functions were essential and that allowing her to work remotely would pose an undue hardship.

Despite having a list of tasks that required an on-site presence, the court found that there was a question regarding whether remote work was reasonable and whether it posed an undue hardship.

Despite her physical absence from the workplace for two years, Melissa still received the highest overall performance ratings. Her supervisor also thought that her working remotely wouldn’t harm operations.

The court looked at all this and thought that, perhaps, the on-site tasks were marginal rather than essential. Allowing the case to proceed, the court held that, since she successfully worked remotely for two years, allowing Melissa to continue to do so might not pose an undue hardship. That would be up to a jury to decide.

What can employers learn from this case?

The employer’s quick response in denying Melissa’s requests didn’t help its argument. When Melissa asked to work from home three days per week, the employer’s ADA coordinator said the request was “not an ADA matter.” The court, however, said that it was.

Employers need to look at each situation individually, considering their ADA obligations on a case-by-case basis. Making this determination includes the interactive process (i.e., a thorough conversation with the employee requesting the accommodation).

Past employment practices, such as allowing remote work and having it be successful, could undermine an employer’s argument that allowing it to continue is an undue hardship.

Smith v. District of Columbia, DC District Court, No. 23-cv-00018, August 13, 2025.

Key to remember: If working from home was reasonable and effective in the past, employers might have a tough time changing their tune and now try to say it is an undue hardship.

Qualifying reasons

Employees may take FMLA leave for only the following reasons:

Birth and bonding. Parents may use FMLA leave when their child is born and to bond with their child during the 12-month period beginning on the date of birth. All parents, regardless of sex, have the same right to take FMLA leave for the birth of a child and bonding.

Placement of a child for adoption or foster care. Employees may use FMLA leave when a child is first placed with them for adoption or foster care and to bond with their newly placed child. An employee’s entitlement to leave for adoption or foster care ends at the end of the 12-month period beginning on the date of the placement. Employees may also use FMLA leave before the actual placement or adoption of a child to address issues required for the placement to take place.

Serious health condition of the employee. A serious health condition makes the employee unable to perform the functions of their job.

Care for a family member with a serious health condition. Employees may take FMLA leave to care for a child, spouse, or parent who has a serious health condition. Caring for a family member under the FMLA includes assistance with basic medical, hygienic, nutritional, safety, transportation needs, physical care, or psychological comfort.

An FMLA serious health condition generally involves a period of incapacity. Incapacity means an individual is unable to work, attend school, or perform other regular daily activities because of a serious health condition, due to the treatment of it, or for recovery from the condition.

Qualifying exigency. Qualifying exigencies are situations caused by the military deployment of an employee’s spouse, child, or parent to a foreign country. Qualifying exigencies include making alternative child care arrangements for a child, attending certain military ceremonies and briefings, spending time with a military member on Rest and Recuperation leave, making financial or legal arrangements, certain activities related to care of a parent of the military member, or other reasons agreed upon by employee and employer.

Military caregiver leave. Employees may also take up to 26 workweeks of FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness, if the employee is the spouse, child, parent, or next of kin of the servicemember.

Reasons that don’t qualify

Unless a doctor certifies the reason as somehow medically therapeutic to the employee or a family member, the following are examples of reasons that generally do not qualify for FMLA protection:

• Care for a pet
• Care for a family member other than a spouse, child, or parent
• Attending concerts or sporting events
• Golfing
• Sailing

Key to remember: Eligible employees may take FMLA leave only for certain qualifying reasons.

HazCom #2 on OSHA’s Top 10 list

Although the HazCom standard has been around for decades, it continues to be a challenge for employers. In FY 2024, it ranked second on OSHA’s Top 10 list of most frequently cited standards, with:

• 1,737 inspections
• 3,107 citations issued
• $4,838,954 in total penalties

The most frequently cited paragraphs were:

1. Written program, 1910.1200(e)(1)
2. Training, 1910.1200(h)(1)
3. Maintenance of safety data sheets (SDSs) and employee accessibility, 1910.1200(g)(8)
4. Develop, obtain, and/or maintain SDSs, 1910.1200(g)(1)
5. Workplace labeling, 1910.1200(f)(6)(ii)

Regulatory and resource updates

In May 2024, OSHA updated the HazCom standard to align with Revision 7 of the GHS, or Globally Harmonized System of Classification and Labeling of Chemicals. The revisions took effect July 19, 2024, with staggered compliance dates for chemical manufacturers, importers, and distributors evaluating mixtures and substances, and for employers impacted by any changes to these evaluations. OSHA issued technical revisions and edits to the standard in October 2024, and Carter said a second set of “minor editorial corrections” are anticipated later this year.

Also in the works are updates to FAQs, CPL 02-02-079 (OSHA’s HazCom directive for inspectors), and other publications related to the revised HazCom standard. No date was given on the CPL, although it was said to be “in the final stages.” Persons interested in updates should keep an eye on the agency’s Hazard Communication topic page at osha.gov. Kim also noted that the popular “red-line strikeout” version of 29 CFR 1910.1200, which shows exactly what changed with the May 2024 revision, will return to the agency’s website “soon.”

Upcoming compliance dates

As mentioned, the revised HazCom standard took effect July 19, 2024, with staggered compliance dates starting January 19, 2026.

* Mixture means a combination or a solution composed of two or more substances in which they do not react.

Key to remember: OSHA’s Hazard Communication standard continues to challenge employers, reaching #2 on the agency’s Top 10 list for FY 2024. OSHA officials anticipate minor editorial corrections to the standard later this year and are updating guidance documents impacted by last year's revisions.

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

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

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

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

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

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

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

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

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

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

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

Why focus on lithium-ion batteries?

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

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

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

What does SVEP mean for employers?

1. Heavier financial penalties - OSHA citations can already run into six figures per violation, with penalties adjusted annually for inflation (over $16,000 per serious violation and more than $165,000 for willful/repeat in 2025). SVEP cases often involve multiple willful or repeat violations, which can balloon into millions of dollars in fines.
2. Follow-up and nationwide Inspections - Employers in SVEP are subject to follow-up inspections at the cited facility. OSHA can also inspect other worksites under the same corporate entity to look for similar hazards, expanding liability across the company.
3. Mandatory abatement and oversight - Companies could be required to adopt strict abatement measures, such as third-party audits, formal safety management programs, or regular progress reports. On top of that, failure to comply with these requirements can trigger additional citations.
4. Public exposure and reputational damage - SVEP cases are publicly listed on OSHA’s website, often with press releases highlighting employer negligence. This can potentially damage relationships with customers, investors, and potential hires.
5. Long-term monitoring - Unlike routine citations, SVEP designations remain active until an employer demonstrates sustained compliance. So, even after abatement, companies may remain under constant pressure for years.

Avoid becoming a SVEP

Avoiding OSHA’s Severe Violator Enforcement Program starts with taking a proactive approach to workplace safety rather than waiting for an inspection or incident to force change. Employers that treat compliance as the bare minimum often miss hazards that lead to repeat violations, costly penalties, and public exposure under SVEP. The key is to focus on prevention: identify risks before OSHA does, address them quickly, and build systems that demonstrate a genuine commitment to worker protection. By embedding safety into daily operations and ensuring accountability at every level, employers can significantly reduce the chance of being flagged as a severe violator.

One of the most effective strategies is conducting regular audits and job hazard analyses. These assessments allow employers to identify risks before they result in incidents or attract OSHA’s attention. Special focus should be given to high-emphasis hazards like fall protection, machine guarding, trenching, and confined spaces, as these are frequently tied to SVEP cases. By prioritizing these high-risk areas, employers can address the hazards most likely to cause severe injuries or fatalities and avoid the repeat violations that draw heightened enforcement.

Equally important is responding quickly and decisively when OSHA does issue citations. A failure-to-abate violation, where hazards are not corrected after being identified, is one of the fastest ways into SVEP. Employers who take immediate corrective action, document their efforts, and follow through on abatement not only reduce risk for their workers but also demonstrate to regulators that they are serious about compliance.

Training and communication also play a central role. Workers must be equipped with the knowledge and resources to recognize hazards and protect themselves. But training alone is not enough — employers need to foster a culture where employees feel comfortable reporting unsafe conditions without fear of retaliation. When workers trust that their voices will be heard and that hazards will be corrected, issues can be addressed before they escalate into violations or incidents.

Then finally, employers who invest in comprehensive safety management systems put themselves in the best position to avoid SVEP. Formal programs that include regular safety audits, clear accountability, and, where appropriate, third-party reviews can help identify systemic issues that might otherwise go unnoticed. These systems not only prevent repeat violations but also provide documented evidence of a company’s ongoing commitment to compliance, an important factor if OSHA ever comes knocking.

Keys to remember: By staying ahead of hazards, correcting violations promptly, empowering workers, and maintaining a strong safety management system, employers can greatly reduce their chances of being placed in the severe violator enforcement program.

Travel distance

The maximum travel distance to an exit varies by building type (industrial, residential, etc.) and the occupant load (number of people). For example, a manufacturing plant with overhead sprinklers might have a maximum travel distance of 250 feet, but a warehouse with sprinklers could have a travel distance of 400 feet. Without sprinklers, these distances decrease.

An exit must be reachable within the travel distance from any point, although secondary exits can be further away. For example, if a warehouse is 400 feet wide and 1,000 feet long, it needs more than two exits to keep the travel distance within 400 feet. Also, travel distance is measured as a walking path, so things like storage racks will increase the walking distance.

These factors were likely evaluated during building construction, but later renovations or changes could impact the travel distance. For example, installing a conveyor that runs the length of a warehouse may increase travel distances. Similarly, if renovation work makes one exit temporarily unavailable, employers must ensure that workers can reach an exit within the travel distance, or must prevent people from working in that area. For related information, see our article Review your exit route strategy to avoid compliance dead ends.

Remoteness and common paths

Exits must be separated by one-half the diagonal distance of the room, known as remoteness. This can be one-third the distance in a building with sprinklers. To illustrate, if a square workshop measures 120 feet per side, separating the exits by one-half the diagonal distance would require placing them at least 85 feet apart. Both exits could even be on the same wall. However, temporarily blocking one exit would create a common path violation.

A common path of travel exists where people must follow only one route until reaching a point where they have a choice of paths. A simple example is a small conference room with only one door. Other than small rooms, common paths should be avoided.

The permissible length of a common path differs by occupancy, but could be as little as 20 feet for a room with an occupancy of 50 or more. For an area with an occupancy under 50 and overhead sprinklers, the common path might be as much as 75 feet. Again, employers should refer to sources like NFPA 101® or building codes for details.

To use the workshop example, blocking one exit would limit workers to a common path of more than 75 feet. Similarly, a mezzanine or elevated area usually needs at least two stairways, so blocking one route can create a violation. Even if the occupancy is under 50, it’s probably not possible to create a common path exit access of less than 75 feet using only a single stairway.

Key to remember: When evaluating renovations, construction, or even storage redesign, ensure that exits remain available within required travel distances and avoid creating common paths.

#1 Start here

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

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

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

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

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

#2 Train on these topics

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

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

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

Truck-related topics include the following:

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

Workplace-related topics are examples like these:

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

#3 Determine success

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

#4 End here

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

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

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

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

Action item

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

Key to remember

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

OSHA’s latest action

Without announcement in the first week of August, the memo, “Violation Grouping and Discretionary Ungrouping,” dated April 3, 2024, slipped off the active OSHA memos webpage. It landed squarely on the OSHA archives page. Now an OSHA spokesperson reveals to J. J. Keller® Compliance Network, “The referenced OSHA memo … was determined to be unnecessary since agency policy in the OSHA Field Operations Manual provides clear guidance to OSHA field staff on when citation item grouping may be considered.” What’s more, that manual “provides discretion to Area Directors to consider the grouping status of citation items for the purpose of achieving an appropriate deterrent effect,” the spokesperson adds.

Background on the memo

The memo first surfaced in January 2023, entitled, “Exercising Discretion When Not to Group Violations.” In it, OSHA explained that enforcement activity may lose its deterrent effect when citations are grouped. Ungrouping, the agency claimed, also offered something else — it would “more accurately capture an employer’s overall lack of compliance.”

In the memo, OSHA went on to discuss the general decision-making authority of Regional and Area Directors to “refrain from grouping violations” where they are separate and distinct. The agency argued that this option “helps deter employers from flagrantly disregarding their responsibilities to protect workers and comply with OSHA standards and regulations.”

Then OSHA revised the memo in April 2024, keeping much of the same rhetoric with a new subject line, “Violation Grouping and Discretionary Ungrouping.” This time, OSHA went into greater detail. It stressed that OSHA offices could ungroup for separate and distinct violations, even if other OSHA policies or directives recommend grouping the violations. The document advocated that discretionary ungrouping should be considered where one or more factors are met:

• The employer is currently on the Severe Violator Enforcement Program (SVEP) list OR has a history of willful, repeat, or failure-to-abate violations;
• The latest violative conditions are related to an incident that resulted in a fatality, catastrophe, or reportable injury/illness;
• The inspection resulted in one or more willful, repeat, or failure-to-abate violations, or a significant number of serious violations;
• The inspection was initiated due to a release of a highly hazardous chemical;
• The inspection identified worker exposures to hazardous chemicals over the applicable OSHA permissible exposure limit; or
• The inspection uncovered violations related to National Emphasis Program hazards.

In addition, Area Directors were informed that they may use discretionary ungrouping in the absence of any of the above factors.

Only Field Operations Manual (FOM) remains

The ungrouping specifics from the April 2024 memo are not found in the OSHA FOM. Instead, chapter 4, Violations, of the manual offers a short section X that outlines OSHA policies for:

• The mandate to combine violations of a single regulation (e.g., 1910.212(a)(3)(ii)) having the same classification (see section X.A.),
• The ability to group violations into a single one under certain conditions (see section X.B.), and
• Situations when violations cannot be grouped, including for multiple inspections, separate establishments of the same employer, General Duty Clause violations, and egregious violations (see section X.C.).

Section X.B. reads, “When a source of an identified hazard involves interrelated violations of different standards, the violations can be grouped into a single violation …” The statement from the OSHA spokesperson is similarly worded when it says, “grouping may be considered,” and “consider the grouping status of citation items.” Does this mean that violations by default are ungrouped? Does it also mean that Regional or Area Directors are permitted to then keep them ungrouped or otherwise separate grouped violations?

The answers are unclear because the FOM does not explicitly give directors the latitude to ungroup, aside from the violation types that cannot be grouped per section X.C. Likewise, chapter 4 does not cover when it’s advisable to keep violations ungrouped or to convert grouped violations to ungrouped ones. Moreover, it makes no mention of deploying ungrouping for an appropriate deterrent effect.

Key to remember

OSHA inactivated its “Violation Grouping and Discretionary Ungrouping” memo in August. The agency’s FOM continues to provide OSHA field staff with instruction on when a citation item may be combined or grouped or when it must not be grouped. However, unlike the memo, the FOM does not explore when agency directors should give thought to ungrouping violations, beyond those in section X.C.