When laws overlap: The ADA and the NLRA

When laws overlap: The ADA and the NLRA

2025-07-10T05:00:00Z

Employment laws don’t exist in a vacuum. Multiple laws could apply in a given situation. Employers need to see the big picture of all applicable laws to help avoid violating any of them. In some situations, employers need to understand how the federal Americans with Disabilities Act (ADA) and the National Labor Relations Act (NLRA) interact.

The ADA

The ADA prohibits discrimination against qualified applicants and employees with disabilities. It also requires employers to provide an effective reasonable accommodation when a qualified individual with a disability requests one, unless providing it is too difficult or expensive, meaning it’s an undue hardship on the employer.

When an employee (or applicant) asks for a workplace change (i.e., an accommodation) because of a medical condition, employers are to engage in an interactive process with the employee, with a focus on identifying an effective reasonable accommodation.

The ADA applies to employers as well as labor unions. It doesn’t, however, specifically address the issue of how to reasonably accommodate an individual with a disability under the ADA in a unionized setting, where employees have rights as part of a collective bargaining agreement (CBA).

The NLRA

The NLRA gives employees the right to:

Form or join unions;
Engage in protected, concerted activities to address or improve working conditions; or
Refrain from engaging in these activities.

Employers must bargain, in good faith, with the union over terms and conditions of employment. Sometimes, accommodations involve conditions of employment and are part of the bargaining process.

Unions must not interfere with an employer's ADA duty to reasonably accommodate employees when the accommodation doesn’t violate a CBA.

Conflicts

While employers must engage in an interactive process directly with employees to evaluate accommodations, the NLRA prohibits such "direct dealing" unless the union authorizes it.

Also, while employers must provide reasonable accommodations, the NLRA prohibits employers from violating the terms of a CBA. Therefore, certain provisions of a CBA might prevent employers from providing a preferred accommodation.

Finally, while employers must keep an employee’s and/or applicant’s medical information confidential under the ADA, employers must discuss all relevant information with the employee representative under the NLRA.

Avoiding issues

Employers might avoid issues between the ADA and the NLRA by ensuring CBAs have a provision allowing them to take all actions necessary to comply with the ADA. This would require foresight and planning.

Employers and unions could decide to provide informal accommodations that don’t involve working conditions. If, for example, an employee can’t reach the printer, with the approval of the union and the affected employee, other employees could do the employee's printing.

Employers and unions might also decide to have a committee of an equal number of management and union representatives to deal with ADA issues. This joint committee might take on the interactive process with employees.

The committee members could:

Develop factors for evaluating requested accommodations,
Help determine the job’s essential functions, and
Determine which accommodations are available.

They could also evaluate whether the requested accommodation would affect other members of the bargaining unit, how it would affect them, whether other possible accommodations are available, and the possible consequences of those accommodations.

To the extent that medical information is needed to determine a reasonable accommodation, and most likely it will not, the employee could share that information with the committee, or the employee could authorize the employer to share it with the committee.

Key to remember: Employers have collaborative ways of dealing with the conflicting duties between the ADA and NLRA.

The ADA

The NLRA

The NLRA gives employees the right to:

Form or join unions;
Engage in protected, concerted activities to address or improve working conditions; or
Refrain from engaging in these activities.

Employers must bargain, in good faith, with the union over terms and conditions of employment. Sometimes, accommodations involve conditions of employment and are part of the bargaining process.

Unions must not interfere with an employer's ADA duty to reasonably accommodate employees when the accommodation doesn’t violate a CBA.

Conflicts

While employers must engage in an interactive process directly with employees to evaluate accommodations, the NLRA prohibits such "direct dealing" unless the union authorizes it.

Avoiding issues

The committee members could:

Develop factors for evaluating requested accommodations,
Help determine the job’s essential functions, and
Determine which accommodations are available.

Key to remember: Employers have collaborative ways of dealing with the conflicting duties between the ADA and NLRA.

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Most Recent Highlights In Environmental

2025-07-10T05:00:00Z

Workplace chemical protection program: A look at the basics

Chemical substances appear in nearly every type of workplace, but what happens when a chemical substance is found to unreasonably endanger the health of workers and others who encounter it? The law mandates that environmental regulations be implemented to reduce or eliminate such risks. That’s where a workplace chemical protection program (WCPP) comes in. It’s designed to protect individuals who are or may be exposed to potentially harmful chemical substances.

Take, for example, the Environmental Protection Agency’s (EPA’s) December 2024 final rule on trichloroethylene (TCE), which ultimately bans all uses of the chemical. But, the rule allows certain industrial and commercial uses to continue for a limited time if facilities comply with the rule’s WCPP.

It’s important to note that on June 23, 2025, EPA delayed the effective date for WCPP requirements that apply to the Toxic Substances Control Act’s (TSCA’s) Section 6(g) exemptions (40 CFR 751.325) to August 19, 2025. However, the delay doesn’t apply to nonexempt industrial and commercial uses with longer phaseout timelines (751.305), such as using TCE as a processing solvent in battery manufacturing.

Discover what to expect if your facility becomes subject to a WCPP.

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.

EHS Monthly Round Up - June 2025

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

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

Two never-before-mentioned rulemakings reached the Office of Management and Budget for review on June 18. The two actions (one on respiratory protection and the other on the General Duty Clause) are only at the proposed rule stage, so stakeholders will have a chance to comment. At this time, it’s unclear whether the proposals are regulatory or de-regulatory. We’ll provide an update in a future monthly roundup as more information becomes available.

OSHA updated its Site-Specific Targeting program to reflect the use of Form 300A data for calendar years 2021 through 2023. This is OSHA’s primary planned inspection program for general industry establishments with 20 or more employees with the highest injury and illness rates. OSHA uses the data to target establishments for inspection.

Each year, backover incidents lead to serious injuries and fatalities in construction zones and workplaces. These incidents happen when drivers lose sight of people, objects, or vehicles behind them. To help prevent these incidents, OSHA launched #MirrorCheck, an initiative to raise awareness of safe work practices that can prevent backovers.

Effective June 27, Kentucky’s occupational safety and health standards are limited to those enforced by federal OSHA. The state will no longer adopt, promulgate, or enforce rules that are more stringent than federal OSHA. Kentucky operates an OSHA-approved State Plan covering most private sector workers and all state and local government workers.

As part of its Heat Illness Prevention campaign, OSHA has added two new resources for employers. One is a customizable guide for creating a toolbox talk on handling heat emergencies. The other explains the risks of heat illness for young workers.

And finally, turning to environmental news, EPA has again delayed the deadline for submitting data on 16 chemical substances required by the Toxic Substances Control Act Health and Safety Data Reporting rule. Manufacturers now have until May 22, 2026, to report on all of the covered chemical substances.

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

2025-07-03T05:00:00Z

Navigating air quality rules: What businesses need to know about PM2.5 changes

The Environmental Protection Agency (EPA) updated air quality rules for fine particle matter (PM_2.5), reducing the annual standard from 12.0 to 9.0 micrograms per cubic meter. The rule change was announced on February 7, 2024, and was published as a final rule in the Federal Register on March 6, 2024. The change was based on research linking PM_2.5 to health problems like heart disease and early death.

Within one year of the final rule (February 7, 2025), governors from each state were required to submit area designation recommendations (attainment, nonattainment, or unclassifiable) to EPA. By February of 2026 (at the latest), EPA is expected to issue final area designations based on state recommendations, air quality data, and other factors.

There is a caveat. On March 12, 2025, EPA announced that the agency will reconsider the rule that tightened the standard from 12.0 to 9.0 micrograms per cubic meter by reviewing implementation concerns and getting stakeholder feedback, but as of this writing, the tighter standard is still in place.

If your business is in one of the areas that will be newly listed as nonattainment for PM_2.5, you will face new rules designed to improve air quality. Understanding these changes will help you stay compliant and keep operations running smoothly.

Check out this explanation of nonattainment on Compliance Network's Environmental Institute.

Who will be affected?

The stricter PM_2.5 rule will impact many industries, particularly those that emit a lot of fine particle pollution. Some of the most affected sectors include:

Manufacturing & Heavy Industry – Factories making steel, cement, or chemicals may need stronger pollution controls.
Power Generation – Coal and gas power plants may have tighter limits, requiring better filtration systems.
Transportation & Logistics – Ports, rail yards, and trucking centers could have new rules reducing diesel pollution.
Construction & Mining – Dust and particles from digging, moving materials, and using equipment may need stricter control.
Agriculture – Large farms, especially those handling animals or grain, may need better dust control.
Oil & Gas – Refineries and drilling sites may face tougher rules on pollution from burning fuel.

These industries may see higher costs, stricter permits, and changes to operations to meet the new standards.

Tougher pollution limits

Businesses in nonattainment areas must follow stricter PM_2.5 rules. This may mean updating operations or investing in better pollution control technology. The goal is to reduce fine particle emissions that harm air quality and health.

New permit rules

Businesses expanding or changing operations that increase PM_2.5 pollution may need new permits. These permits show compliance with tighter pollution limits.

State rules may change

States with nonattainment areas must update their air quality plans. This could mean new industry rules, such as lowering emissions, increasing monitoring, or changing reporting requirements.

Increased monitoring & reporting

Expect closer tracking of your business’s pollution levels, including real-time monitoring and more frequent reports. Compliance checks may be stricter in nonattainment areas.

Offsetting pollution

If a business increases PM_2.5 pollution, it may need to offset that by reducing pollution somewhere else in the same area. This ensures the total pollution level does not rise.

Costs & economic effects

Businesses in nonattainment areas may see higher costs due to stricter rules. Local governments might offer rewards or fines to encourage pollution reductions. Companies may need to find cost-effective ways to lower their PM_2.5 levels while staying efficient.

How to prepare

Review your business’s pollution levels and find ways to lower them.
Stay updated on new local and federal rules.
Work with state agencies to understand new compliance expectations.
Invest in cleaner technology to stay ahead of regulations.

Key to Remember: By having a plan for the possibility of nonattainment now, your business can adjust to the new PM_2.5 rules while helping improve air quality and public health.

2025-06-25T05:00:00Z

The compliance trap of “empty” containers

At first glance, an empty container seems like a non-issue — no product, no problem. But in the eyes of regulators, “empty” is a carefully defined status that can determine whether a container is harmless or still subject to hazardous waste rules, labeling, and fire or environmental risk controls. The Environmental Protection Agency (EPA) and OSHA have detailed definitions of what “empty” truly means. Misunderstanding these rules can lead to serious incidents, hefty fines, and unintentional noncompliance.

The EPA definition: “RCRA empty” explained

Under the Resource Conservation and Recovery Act (RCRA), a container that once held hazardous waste is only legally “empty” if it meets particular criteria outlined in 40 CFR 261.7. The first standard that must be satisfied is that all material has been removed from the container using normal means such as pouring, pumping, or aspirating. Secondly, no more than 2.5 centimeters or 1 inch of residue remains on the container's bottom or inner lining. Additionally, if the container holds less than 110 gallons, it is empty if no more than 3 percent of the total weight or volume exists. Of course, sometimes special circumstances require further evaluation. For example, a gas cylinder is not empty until the pressure has reduced to atmospheric levels, and acute hazardous waste containers must be triple rinsed with an appropriate solvent or cleaned by another approved method. If these conditions are not met, the container is still legally considered to contain hazardous waste, even if it feels empty.

The OSHA definition: “Empty” under the Hazard Communication Standard

While EPA focuses on environmental disposal and waste management, OSHA’s concern with empty containers centers on worker safety, particularly the potential for exposure to hazardous residues or vapors. Under OSHA’s Hazard Communication Standard (29 CFR 1910.1200), a container that previously held hazardous chemicals must retain its original hazard label until it is adequately cleaned or until the employer removes the label following proper decontamination procedures. For example, a drum labeled “Flammable” must keep this label even if it appears empty, as residual material or vapors may still pose a significant ignition or fire risk. Removing such labels prematurely could lead to workplace hazards and violations of OSHA regulations.

How to stay compliant

Employers must first clearly determine which rules apply to them: whether the container held hazardous materials governed by EPA regulations, hazardous chemicals subject to OSHA requirements, or both. Emptying procedures should be followed, including properly draining the container, performing triple-rinsing when required, and thoroughly documenting all decontamination activities. Original hazard labels must be maintained on containers until they are thoroughly cleaned or reconditioned, as removing labels prematurely violates OSHA’s Hazard Communication Standard. Additionally, employers should provide employees with training on the proper handling, labeling, and disposal of containers and ensure they fully understand what constitutes an empty container under federal standards. Finally, a detailed record of all rinsing, draining, and cleaning processes should be maintained to demonstrate compliance during EPA or state inspections.

Keys to remember: Employers should educate their teams, enforce proper cleaning procedures, and maintain compliance records to ensure they are staying compliant with “empty” container standards.

2025-06-20T05:00:00Z

The spill on tiers for SPCC Plans

When it comes to oil spill prevention, it’s a good thing to be in “tiers.” Why? It’s because Tier I or Tier II qualified facilities have simplified requirements for the Spill Prevention, Control, and Countermeasure (SPCC) Plan.

The Environmental Protection Agency (EPA) requires facilities subject to the SPCC rule (40 CFR Part 112) to develop and implement a plan that describes how they will use operating procedures, control measures, and countermeasures to prevent oil spills from reaching navigable waters or adjoining shorelines. Typically, SPCC Plans must be certified by a professional engineer (PE), but qualified facilities can self-certify the plans.

Let’s compare Tier I and Tier II qualified facilities.

Qualified facilities

A qualified facility:

Has a total aboveground oil storage capacity of 10,000 gallons or less, and
Hasn’t had over the past three years either:
- One oil discharge greater than 1,000 gallons, or
- Two oil discharges greater than 42 gallons each within any 12-month period.

The SPCC rule identifies two types of qualified facilities:

A Tier I qualified facility has no aboveground oil containers greater than 5,000 gallons.
A Tier II qualified facility has an individual aboveground oil container greater than 5,000 gallons.

SPCC Tier Tip: EPA provides a fact sheet (Spill Prevention Control and Countermeasure (SPCC) Plan Qualified Facilities Applicability) to help facilities determine eligibility as a qualified facility and (if applicable) which tier applies.

What are the similarities?

Tier I and Tier II qualified facilities are subject to many of the same requirements for SPCC Plans, including basic requirements, certification, and updates to qualification changes.

Basic requirements

All qualified facilities have to develop and implement a written SPCC Plan. Each plan is unique to the facility, but all plans must include:

Operating procedures to prevent oil spills;
Control measures to prevent oil spills from reaching navigable waters or adjoining shorelines; and
Countermeasures to contain, clean up, and mitigate oil spills that reach navigable waters or adjoining shorelines.

Certification

The primary similarity is that Tier I and Tier II qualified facilities may self-certify their SPCC Plans and amendments to the plan.

SPCC Tier Tip: Some states may not allow self-certification. EPA recommends checking with the state engineer licensing board to determine whether SPCC Plans can be self-certified.

Qualification changes

When the status of a facility changes, the owner or operator must prepare and implement an SPCC Plan according to the requirements that apply to its new designation within six months.

Tier I facilities may still be able to self-certify if they meet the Tier II criteria; if so, these facilities can comply with the Tier II rules. However, facilities that are no longer eligible as qualified facilities have to comply with the full SPCC Plan requirements, including obtaining PE certification of the plan.

What are the differences?

The primary difference between Tier I and Tier II facilities is the extent of the SPCC Plan. Additionally, Tier II facilities may employ certain alternative spill control methods.

Type of SPCC Plan

Tier I qualified facilities may use the template in Appendix G of Part 112 as their SPCC Plan. It’s a simplified plan that only contains the requirements applicable to Tier I facilities.

These facilities must also:

Add failure analysis to the plan (including predicted directions and total quantity of oil that could be discharged for each major equipment failure) if there’s a reasonable potential for equipment failure;
Install bulk storage secondary containment or an alternative system with a drainage trench enclosure (including for mobile or portable containers); and
Establish a system or procedure to prevent container overfills, describe the system or procedure in the SPCC Plan, and regularly test the system or procedure to ensure it works.

Tier II qualified facilities have to develop a full SPCC Plan that complies with 112.7 and the applicable requirements of Subparts B and C of Part 112. This includes developing facility diagrams.

Alternative compliance methods

Tier II qualified facilities (with certification) may implement certain alternative measures and methods that Tier I facilities can’t. Tier II facilities must obtain written certification from a PE to include:

Alternative spill prevention, control, or countermeasure methods that provide the same environmental protection as the required methods;
Alternative measures where secondary containment is impracticable; and
Alternative procedures for skimming produced water containers instead of using sized secondary containment.

Qualified facilities, whether Tier I or Tier II, benefit from the ability to self-certify their SPCC Plans. That’s something that can make owners and operators “tier” up with happiness.

Key to remember: Tier I and Tier II qualified facilities share many similarities under the SPCC rule, but knowing where the requirements differ is vital to maintaining compliance.

Most Recent Highlights In Transportation

EHS Monthly Round Up - May 2025

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

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

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

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

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

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

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

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

2025-06-05T05:00:00Z

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

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

What’s required?

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

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

The covered chemical substances include:

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

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

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

Who’s covered?

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

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

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

How do you report?

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

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

2025-06-03T05:00:00Z

Conduct AAI before you buy: Shield against Superfund liability

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

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

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

What’s AAI?

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

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

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

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

Who’s required to comply?

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

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

Who qualifies as an environmental professional?

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

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

What’s required to comply?

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

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

The environmental professional:

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

The potential landowner:

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

Report the results

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

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

Get guidance from industry standards

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

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

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

2025-05-27T05:00:00Z

Site Announcement: New Homepage Coming Soon!!!

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2025-05-23T05:00:00Z

Title V operating permits: Comply, certify, repeat

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

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

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

What’s required?

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

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

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

The compliance methods, and
The compliance status.

Let’s take a closer look at each element.

Compliance methods

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

Compliance methods consist of monitoring, recordkeeping, and reporting:

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

Compliance status

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

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

Intermittent vs. continuous compliance

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

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

Possible exception to compliance

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

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

How do I submit a compliance certification?

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

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

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

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

Most Recent Highlights In Safety & Health

2025-05-21T05:00:00Z

Compliance guide: Air regulations for emergency generator installation

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

Extreme heat and weather events

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

Power demand from AI and data centers

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

Grid reliability concerns

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

Compliance considerations

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

Air permits

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

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

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

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

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

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

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

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

EPA emission standards

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

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

Other Regulations

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

•Aboveground Storage Tank (AST) Requirements

•Spill Prevention Control and Countermeasure (SPCC) Plans

•EPCRA Tier II Reporting

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

2025-05-16T05:00:00Z

Expert Insights: Hazardous waste vs hazardous materials explained

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

Hazardous materials

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

Hazardous waste

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

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

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

2025-05-13T05:00:00Z

EPA further delays PFAS manufacturing report submission period

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

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

What’s the new timeline?

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

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

About the report

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

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

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

Why the delay?

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

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

EHS Monthly Round Up - April 2025

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

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

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

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

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

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

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

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

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

2025-05-08T05:00:00Z

Small quantity generators: Ready for RCRA re-notifications?

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

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

What’s the re-notification requirement?

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

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

How do SQGs re-notify?

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

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

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

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

Re-notification recommendations

Consider these tips when preparing your SQG re-notification:

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

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

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

Most Recent Highlights In Human Resources

2025-04-24T05:00:00Z

UST release detection equipment: Testing 1, 2, 3

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

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

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

1. How do I test the equipment?

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

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

Manufacturer’s instructions

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

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

Industry codes and standards

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

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

Implementing agency requirements

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

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

2. What do I test?

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

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

3. What records do I have to keep?

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

For each annual testing record, list:

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

Why is release detection equipment testing so important?

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

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

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

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

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

2025-04-23T05:00:00Z

EPA modernizes pesticide registration policy, tweaks tracking app

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

Pesticide registration tracking app

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

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

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

Policy changes impacting two forms

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

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

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

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

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

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

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

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

Efficiencies and transparencies gained

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

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

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

Key to remember

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

2025-04-17T05:00:00Z

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

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

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

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

1. Environmental responsibility impacts your brand reputation

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

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

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

2. Compliance with local, state, and federal regulations

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

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

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

3. Cost savings and operational efficiency

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

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

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

4. Workforce engagement, retention, and culture

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

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

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

5. Alignment with data-driven ESG and sustainability goals

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

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

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

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

EHS Monthly Round Up - March 2025

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

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

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

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

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

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

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

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

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

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

2025-04-04T05:00:00Z

Hazardous waste manifest errors? Follow RCRA’s correction process

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

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

Who’s impacted?

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

Small and large quantity generators,
Transporters, and
TSDFs.

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

What are the Third Rule changes?

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

What’s the same?

Specifically:

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

What’s different?

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

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

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

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

What’s the post-receipt manifest correction process?

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

Follow this general process on the e-Manifest System:

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

Manifest correction FAQs

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

What manifest information can I correct?

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

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

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

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

What’s the CROMERR certification?

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

Can I revert to a previous manifest version?

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

Can brokers sign corrected manifests?

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

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

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Most Popular Highlights In Environmental

2025-07-10T05:00:00Z

Workplace chemical protection program: A look at the basics

Discover what to expect if your facility becomes subject to a WCPP.

What’s a WCPP?

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.

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

2025-06-25T05:00:00Z

The compliance trap of “empty” containers

The EPA definition: “RCRA empty” explained

The OSHA definition: “Empty” under the Hazard Communication Standard

How to stay compliant

EHS Monthly Round Up - June 2025

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

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

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

2025-07-03T05:00:00Z

Navigating air quality rules: What businesses need to know about PM2.5 changes

Check out this explanation of nonattainment on Compliance Network's Environmental Institute.

Who will be affected?

The stricter PM_2.5 rule will impact many industries, particularly those that emit a lot of fine particle pollution. Some of the most affected sectors include:

Manufacturing & Heavy Industry – Factories making steel, cement, or chemicals may need stronger pollution controls.
Power Generation – Coal and gas power plants may have tighter limits, requiring better filtration systems.
Transportation & Logistics – Ports, rail yards, and trucking centers could have new rules reducing diesel pollution.
Construction & Mining – Dust and particles from digging, moving materials, and using equipment may need stricter control.
Agriculture – Large farms, especially those handling animals or grain, may need better dust control.
Oil & Gas – Refineries and drilling sites may face tougher rules on pollution from burning fuel.

These industries may see higher costs, stricter permits, and changes to operations to meet the new standards.

Tougher pollution limits

New permit rules

Businesses expanding or changing operations that increase PM_2.5 pollution may need new permits. These permits show compliance with tighter pollution limits.

State rules may change

States with nonattainment areas must update their air quality plans. This could mean new industry rules, such as lowering emissions, increasing monitoring, or changing reporting requirements.

Increased monitoring & reporting

Expect closer tracking of your business’s pollution levels, including real-time monitoring and more frequent reports. Compliance checks may be stricter in nonattainment areas.

Offsetting pollution

If a business increases PM_2.5 pollution, it may need to offset that by reducing pollution somewhere else in the same area. This ensures the total pollution level does not rise.

Costs & economic effects

How to prepare

Review your business’s pollution levels and find ways to lower them.
Stay updated on new local and federal rules.
Work with state agencies to understand new compliance expectations.
Invest in cleaner technology to stay ahead of regulations.

Key to Remember: By having a plan for the possibility of nonattainment now, your business can adjust to the new PM_2.5 rules while helping improve air quality and public health.

2023-10-31T05:00:00Z

EPA deletes de minimis exemption for TRI-listed PFAS

The Environmental Protection Agency (EPA) finalized a rule impacting all reporting facilities that manufacture, process, or otherwise use per- and polyfluoroalkyl substances (PFAS) subject to Toxics Release Inventory (TRI) reporting (listed at 40 CFR 372.65). The agency is:

Designating all TRI-listed PFAS as “chemicals of special concern,” and
Removing the de minimis exemption for supplier notification requirements to downstream facilities for all chemicals on the list of chemicals of special concern.

Impact on reporting entities

The final rule categorizes all PFAS on the TRI as chemicals of special concern. This action:

Eliminates the de minimis exemption, which allowed facilities to avoid reporting information on PFAS that were used in small (de minimis) quantities (below the 100-pound threshold);
Removes eligibility to use reporting Form A, which simplified reporting for facilities that didn’t exceed the thresholds for the total annual reportable amount of PFAS (500 pounds) and for the amounts of PFAS manufactured, processed, or used (1 million pounds); and
Limits range reporting for PFAS.

Reporting facilities will now be required to report all quantities of PFAS they manage or release into the environment.

Additionally, EPA eliminated the de minimis exemption for the supplier notification requirements (at 372.45) to downstream facilities for facilities that manufacture or process any chemical on the list of chemicals of special concern. Previously, suppliers weren’t required to notify product users of certain chemicals present in mixtures if their concentrations were less than 1 percent (less than 0.1 percent for carcinogens). Suppliers will now be required to notify users of any amount of a chemical of special concern contained in the mixture.

Future PFAS added to TRI

The final rule also stipulates that when PFAS are added to the TRI in the future, they will also be added to the list of chemicals of special concern on the same date. This helps EPA avoid delays in reporting requirements since the 100-pound reporting threshold for PFAS will remain in the regulations.

The final rule’s changes take effect for the reporting year beginning on January 1, 2024. The annual TRI reports for 2024 are due to EPA on July 1, 2025.

Key to remember: EPA’s recent final rule requires covered facilities to include all quantities of PFAS on their TRI reports and mandates that suppliers notify product users of the presence of any chemicals of special concern contained in the mixture or product.

2025-01-22T06:00:00Z

EPA updates TSCA Chemical Substances Inventory

The Environmental Protection Agency (EPA) released the biannual update of the nonconfidential Toxic Substances Control Act (TSCA) Chemical Substance Inventory (TSCA Inventory) on January 17, 2025. It includes all nonexempt chemical substances manufactured, processed, and imported in the U.S. that TSCA regulates.

Please note that the nonconfidential TSCA Inventory contains no chemical identities claimed as confidential business information, so it’s not a comprehensive list. The TSCA Master Inventory File is the only complete list.

How does this impact my facility?

The TSCA Inventory helps facilities determine TSCA’s regulatory requirements for the chemicals they use or plan to use. Chemicals on the list (i.e., “existing chemicals”) may be subject to rules such as reporting requirements and manufacturing limits. Chemicals not on the list (i.e., “new chemicals”) have specific notification and review requirements before they can be used.

About the updated TSCA Inventory

The TSCA Inventory has 86,847 chemicals, and 42,495 of these chemicals are active (i.e., in use). EPA also updated commercial activity data as well as regulatory flags that indicate:

A chemical is subject to a rule or order restricting manufacturing or use, and/or
A chemical has a partial or full exemption from TSCA reporting rules.

EPA plans to release the next updated TSCA Inventory by Summer 2025.

How to access the TSCA Inventory

You can download the nonconfidential TSCA Inventory from EPA’s website or view it online via the agency’s Substance Registry Services (search by list).

Key to remember: EPA updated the nonconfidential TSCA Inventory, including regulatory flags that indicate certain regulatory restrictions and/or reporting exemptions.

Most Popular Highlights In Transportation

2025-07-01T05:00:00Z

FMCSA unveils new DataQs procedures, seeks input

The Federal Motor Carrier Safety Administration (FMCSA) plans to make several important changes to its DataQs system and they’re asking the public for help.

DataQs is the online system that motor carriers, drivers, and others can use to request a review of crash or roadside inspection data that the requester believes is inaccurate or incomplete, called a “request for data review” (RDR).

In 2023, the FMCSA sought input on creating a formal appeals process for DataQs, something that today is not clearly defined. The agency recently announced changes to that proposed process and put out a call for more public input.

How it works today

If a driver or motor carrier files an RDR, it gets forwarded to the agency that generated the record, such as the State Patrol in the case of a crash or roadside inspection. The agency then reviews the RDR, does an investigation, and makes a decision to either change the data or reject the request.

If the RDR is rejected, the requester can submit an appeal, but the state agency may require new information before reviewing the matter or may let the same people who rejected the initial RDR also review the appeal, creating a conflict of interest.

Once the appeal is decided, the state agency and FMCSA consider the case closed.

Proposed changes

The FMCSA says it wants to “improve the impartiality, timeliness, transparency, and fundamental fairness of the RDR process.” Though in 2023 it had proposed injecting itself into the appeals process, the agency now wants the states to handle it. Among other changes being proposed:

Good-faith reviews: States must conduct a good-faith review of RDRs that are submitted within three years from the date of an inspection or five years from the date of a crash, and must have established points of contact for RDRs.
State plans: States must submit a “DataQs Implementation Plan” detailing how they will process RDRs and how they will address any existing or future backlog of RDRs. The plan would have to be made public and be reviewed and updated annually.
Appeals: Requesters will be allowed two appeals. When a state receives an initial RDR, a first-level appeal (known as a “reconsideration review”), or a request for a “final review,” the state will be expected to open the request within seven days of submission and then respond within 21 days, or 30 days for a final review. If the state requests more information, the requester will be given 14 days to provide it, and the clock will stop while the requester gathers additional information. Requesters are expected to have a valid reason for any appeal.
Rejections: When a state closes an RDR or appeal without correcting any data, the issuing officer/inspector cannot be the sole decisionmaker and the state must explain the facts and analysis supporting the decision.
Expertise: Appeals must go before a person or panel with “appropriate subject matter expertise” and cannot be reviewed or decided by the issuing officer/inspector nor their direct supervisor. A “final review” must be done by someone outside the chain of command for the issuing officer/inspector, and a panel may be used to provide recommendations to that person.

The state’s decision would be considered final by the FMCSA after the state’s final review is complete.

States that fail to live up to their DataQs obligations would be at risk of losing highway funds.

Five questions

The FMCSA is asking for input on five key questions related to their proposal:

What are the potential benefits and challenges of the proposed changes?
What challenges will states face in adhering to the timelines for each stage of the RDR process? How should delays be handled?
How should states be held accountable for compliance?
If a requester doesn’t respond with additional or proper information when requested, how should the RDR be handled?
To what extent should FMCSA define the criteria for a “valid reason” for an appeal?

Comments may be submitted online until September 2, 2025, at www.regulations.gov under docket number FMCSA-2023-0190.

Key to remember: The FMCSA is proposing improvements to the DataQs system, and now’s your chance to weigh in.

2025-06-30T05:00:00Z

How to avoid violations that place drivers out of service

The process is straight forward. During a roadside inspection, an officer will verify compliance with safety regulations. If a driver violation is found, the officer will document it on the inspection report. The officer will then compare the situation surrounding the violation to the North American Standard Out-of-Service Criteria, published by the Commercial Vehicle Safety Alliance (CVSA). If the situation matches the criteria, the driver (or vehicle) will be placed out of service.

Here are the violations that could result in the driver being placed out of service:

Operating in interstate commerce when under 21 years old (391.11(b)(1))
Inadequate English language skills (391.11(b)(2))
Not having the correct license for the vehicle being operated (391.11(b)(5) for drivers of non-CDL vehicles, and 383.23(a)(2) if operating a CDL-required vehicle)
Operating in violation of endorsements or restrictions (391.11(b)(5) for drivers of non-CDL vehicles, and 383.23(a)(2) if operating a CDL-required vehicle)
No accompanying CDL driver or violating other terms of a commercial learner’s permit (383.25))
Operating without proof of valid medical certification — a valid medical card for a non-CDL driver and proof of medical qualifications on the motor vehicle report for a CDL driver — or not meeting the terms of a medical variance (391.41)
Not using corrective lenses when required on the medical card (391.11(b)(4))
Operating when ill or fatigued (392.3)
Operating when under the influence of or in possession of drugs or alcohol (392.4 and 392.5)
Operating when listed as prohibited in the Drug and Alcohol Clearinghouse (392.15)
No records of duty status for the current and previous seven days when required (395.8)
Operating when in excess of an hours-of-service limit (395.3 or 395.5)
Operating with a false log when the falsification has occurred since the last verified mandatory break or when a past falsification, when corrected, puts the driver over a limit (395.8)

The reason the driver is placed out of service for these violations is that the driver is considered an imminent hazard.

Preventing these violations

Here is a list of activities that can prevent these violations:

Have an effective screening program to make sure you are only hiring qualified drivers (see 391.11) and have a qualifications system in place that makes sure your current drivers remain qualified (always have a valid license and medical).
Have your dispatch process connected to your qualifications process, so everyone knows what vehicles each driver is qualified to operate and if a driver loses a qualification.
Immediately remove drivers from driving who have become unqualified (lost their license, lost their medical qualification, failed or refused a drug and alcohol test) or who are listed as prohibited in the Drug and Alcohol Clearinghouse.
Train your drivers using classroom training and mock roadside inspections to always have their credential current and with them.
Train your drivers, dispatchers, and supervisors that drivers are not allowed to operate when ill, fatigued, under the influence of anything, or when out of hours.
Continually remind your drivers they cannot have illegal drugs or alcohol in the cab of the vehicle and have a reasonable suspicion process that puts qualified supervisors in contact with drivers, so they can verify drivers are not under the influence.
Factor the hours-of-service limits into driver assignments and hold dispatchers and supervisors responsible for hours-of-service violations committed by their drivers.
Train your drivers, dispatchers, and supervisors on the hours of service and records of duty status requirement.
Audit drivers’ logs and take corrective action when a violation is discovered.

Key to remember: By having practices, systems, policies, and training in place, you can prevent most of the driver out-of-service violations.

2025-07-10T05:00:00Z

Get ready for Operation Safe Driver 2025

Operation Safe Driver, one of the enforcement blitzes conducted by the Commercial Vehicle Safety Alliance (CVSA), runs from July 13 to 19.

The goal of Operation Safe Driver is to change risky driving behaviors through education and outreach, traffic enforcement, and law enforcement interactions with drivers. During these seven days, officers who conduct roadside inspections will be focused on doing road patrol work and looking for risky driving by commercial drivers and other drivers near commercial vehicles.

Focus

Each year, Operation Safe Driver focuses on specific driving behaviors. This year, the focus will be on reckless, careless, or dangerous driving. Reckless driving is generally defined as a wanton disregard for the safety of others. Careless or dangerous driving is defined as operating a vehicle without due care and attention or reasonable consideration for other motorists or people on the road.

Preventing issues during Operation Safe Driver

One helpful concept to remember is that drivers will be concerned about and focused on what you are concerned about. What really impresses your drivers is when you have expectations assigned to something. If one of your expectations is that your drivers operate compliantly (in compliance with the traffic laws and codes), safely, and defensively, you need to actively share that expectation.

To be prepared for Operation Safe Driver, have a policy that requires compliant, safe, and defensive driving that is shared. It also means training in this area regularly. The training should be conducted:

During orientation so the expectation is set at the beginning of the driver’s career with you,
As part of your regularly scheduled refresher training to make sure the drivers remember this is an expectation,
On an on-going basis (providing continuous reminders on specific driving practices), and
Whenever a driver has an incident involving driving (corrective action).

Specific actions

To avoid issues during Operation Safe Driver, consider the following actions:

If you use a driver performance tracking system, such as ECM data or dash cameras, make sure you are caught up on all coaching.
Review your roadside inspection data and look for drivers who have had driving violations (this is also visible in your CSA data in the Unsafe Driving BASIC). Once located, reach out to these drivers and remind them that your expectation is that they will drive compliantly, safely, and defensively.
Conduct refresher or ongoing training in the traffic laws and codes and driving safely and defensively.

Key to remember: Operation Save Driver 2025 is happening soon. Be prepared by reminding drivers you expect them to drive compliantly, safely, and defensively.

Transportation Monthly Round Up - June 2025

In this June 2025 round up, we will discuss the new English language proficiency test, Operation Safe Driver Week, and Operation Brake Safety Week. Let's get started!

Under an Executive Order issued on April 28, all interstate commercial motor vehicle drivers must have adequate English language skills, as required in the Federal Motor Carrier Safety Administration (FMCSA) regulations at 391.11(b)(2). The determination will be made by officers during roadside inspections.

The first step is a driver interview in English to evaluate the driver’s English language skills. If the driver cannot adequately answer the officer’s questions, the driver will be placed out of service.

Step two in the assessment is evaluating whether the driver can recognize common highway traffic signs. If the driver cannot read the signs and provide correct answers, the driver will be placed out of service.

Beginning on June 25th, officers will begin placing drivers out of service if they fail the English language proficiency testing.

Operation Safe Driver Week will run from July 13-19 this year, with a focus on reckless, careless, and dangerous driving. Officers in Mexico, Canada, and the U.S. will be looking out for commercial drivers’ unsafe driving habits.

The Commercial Vehicle Safety Alliance (CVSA) runs Operation Safe Driver Week every summer to help encourage safe driver practices and improve road safety for everyone. Law enforcement personnel are looking for:

Speeding,
Following too closely,
Drunk driving,
Drugged driving,
Distracting driving, and
Other unsafe driving habits.

Operation Brake Safety Week will run from August 24-30 this year. During this event, officers will focus on inspecting the condition of brake drums and rotors in commercial motor vehicles during routine checks.

Brake Safety Week helps remind drivers and motor carriers to keep up with proactive vehicle maintenance and safety procedures while highlighting the importance of brake safety. Commercial vehicles with brake-related out-of-service violations will be removed from the road until all violations are corrected.

Prepare your drivers and equipment now for this important event.

2023-04-12T05:00:00Z

IRP credentials: What you need and when

Carriers that operate vehicles in two or more jurisdictions often choose apportioned registration under the International Registration Plan (IRP). Once you meet all registration requirements and your credentials are on the way, what’s next?

Make sure your credentials check out before hitting the road. Commercial vehicles not displaying current credentials are in violation of the law and are subject to fines in all jurisdictions where the vehicle travels.

Each vehicle needs a plate and a cab card

Once you provide all required information and pay the fees, your base state issues credentials. Each vehicle in your fleet gets:

A registration cab card, and
An apportioned license plate(s).

Enforcement officials use these credentials to verify and validate registration. The apportioned plate and cab card allow you to operate in all member jurisdictions.

When you receive your credentials, verify that the VIN, unit #, and other listed information are correct prior to operation. Mount the license plate on the vehicle according to your state’s requirements.

While you wait: Temporary registration permits

Once your state processes your application and receives the fees, the cab card and/or plate will go out in the mail. Since you cannot operate the vehicle without valid credentials, most states offer a “temporary registration permit.” This allows you to begin operations while you wait for your permanent credentials to arrive.

Temporary registration documents are valid for a brief period – usually 30 or 60 days. They allow interstate as well as intrastate operation in all jurisdictions listed. These are not automatically issued. If you want to begin operations before you receive permanent credentials, check with your state to find out:

If this is available in your state, and
How to apply for the temporary credentials.

Not the same: Temporary registration permits vs. trip permits

Temporary registration permits are issued for vehicles in IRP fleets that are:

In the process of registering, or
Renewing registration.

Trip permits are for vehicles that:

Do not have apportioned plates, and
Need temporary registration for occasional trips outside of their base state.

When to display renewal credentials

Most states send renewal notices several weeks or months before they are due. Since processing can take a while, it’s a good idea to submit your renewal as soon as possible.

Once you receive renewal credentials, you may remove the previously issued plate and display the renewal plate prior to the start of the new registration period.

Until the new registration period begins, both of the following must be carried in the vehicle:

The cab card from the prior registration period, and
The cab card for the renewal period.

Key to remember: There is no grace period for vehicle registration credentials, either for initial registration or at renewal. If you need to operate outside your base state prior to receiving your permanent credentials, find out if temporary registration permits are available.

2022-08-29T05:00:00Z

The 150 air-mile short-haul exemptions: Widely used and widely misused

The 150 air-mile exemptions, which are in the regulations at 395.1(e)(1) and (2), allow a driver to use a time record in place of a log, provided that certain conditions are met. While this is possibly the most widely used hours-of-service exemption, it may be the most commonly misused exemption, as well.

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

Need more info? View our ezExplanation on the 150 air-mile exception.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

Most Popular Highlights In Human Resources

2023-07-06T05:00:00Z

Commonly asked questions about forklift licensure and certification

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

The intent of the standard

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

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

License and certification Q&A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Operator Impairments

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

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

Keys to Remember

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

2023-09-06T05:00:00Z

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.

2025-07-10T05:00:00Z

Help workers boost their health with an enhanced walking routine

Walking is a popular activity for good reason: There’s no special equipment involved other than a good pair of shoes and it can be done almost anywhere.

It also offers plenty of health benefits without placing too much strain on the joints. Walking can lower blood pressure, improve blood flow, and ramp up energy levels as it moves oxygen throughout the body and encourages the release of feel-good endorphins.

July has an abundance of sunshine and can be a great month to encourage employees to get into the walking habit or switch up their walking routine with something different. Of course, heat and humidity can be factors, so employees should be urged to walk wisely and head out at a cooler time of the day when temperatures climb.

Encourage employees to walk this way

While there is nothing wrong with a simple stroll, there are ways to make a walk even more beneficial. Here are six walking tips to share with employees:

Pick up the pace. Walking at a faster pace brings additional health benefits. To get these benefits, walk at a brisk pace that’s a little faster than a comfortable walk. Some studies point to benefits from walking 3 miles per hour or faster.
Count steps but don’t get discouraged. Aiming for 10,000 steps a day is common, and that’s a great goal when it encourages you to move more. If that’s just too much, don’t worry. There are also health benefits from lower step counts. A JAMA study followed people 40 years of age and above for 10 years, and found that those who took 8,000 steps a day had a 51 percent lower rate of death than those who took 4,000 daily steps or fewer.
Use a weighted vest. Adding weight can add intensity to a walking workout. To make sure you get one that’s right for your fitness level, check with a health professional or fitness trainer before using one.
Walk in nature. Walking in a forest or near a river can make you feel better. Studies have found that walking in nature can decrease depression and anxiety, as well as anger and fatigue. Walking on a treadmill or at the mall is still great exercise, but there are additional benefits from being outdoors.
Be mindful. Being aware of the world around you and how your body feels as you’re moving may help lower stress levels and improve your mood. You can practice walking meditation to combine the benefits of walking and mindfulness.
Walk with a friend. Turning a walk into a social activity combats loneliness and can also help you exercise your brain. As you talk, you’re boosting thinking and memory skills. In addition, being accountable to a friend helps you stay on schedule with your exercise routine and can motivate you to keep going.

Walking the talk

To encourage employees to use the walking tips and gain the health benefits of exercise, make your workplace activity-friendly. Here are some ideas:

Create a walking path employees can use at lunchtime or during a break.

Reward employees who get more steps into their day by parking in the last rows of the parking lot.
Organize daily, weekly, or monthly lunchtime walks. Managers can participate to show their support.

Key to remember: Walking is a healthy activity and adding a few enhancements can make it even more beneficial.

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.

2025-07-09T05:00:00Z

Employer holds employee to FMLA certification and wins in court

As a railway worker, Jason was on call 24/7. In July 2023, Jason was approved for leave under the federal Family and Medical Leave Act (FMLA) for his own health condition. His certification indicated that he needed the leave “3-4 times per month” and that the treatment required “1-2 day(s) per treatment.” The certification, however, didn’t say whether Jason needed leave on Saturday and Sunday. The employer approved Jason for “3-4 absences per month with a duration of 1-2 days per absence for appointments without weekend use.”

Despite this, Jason took FMLA leave on Saturday, September 9, and the following weekend. The employer sent Jason a letter telling him that he had taken leave inconsistent with what was approved. The letter also encouraged Jason to provide an updated certification (a recertification) if his circumstances had changed.

Jason never submitted a revised certification.

Instead, Jason took FMLA leave from Saturday, December 2, to Monday, December 4. In response, on February 7, 2024, the employer sent him another letter indicating it would conduct a disciplinary investigation concerning his failure to comply with written instructions related to his FMLA usage.

Following the investigation, the employer fired Jason for taking unapproved FMLA leave. Jason sued.

In court, the employer argued that it had instructed Jason that his FMLA approval didn’t allow weekend use, but Jason failed to follow those instructions.

Jason couldn’t show that unusual circumstances warranted his departure from the approved leave. He argued that the employer interfered with his FMLA rights by restricting his leave to weekdays and then firing him for using FMLA on weekends. Jason, however, presented no case law that suggested the employer couldn’t restrict his leave to weekdays.

Despite the opportunity to update his FMLA certification, Jason didn’t and instead continued to take leave on weekends outside of his FMLA approval.

Jason said that to attend his Monday doctor appointments, he needed to take weekends off, and his FMLA leave was specifically approved for appointments. The court didn’t buy it. It said that the employer didn’t deny Jason's FMLA approval — it conditioned the approval to weekdays.

The court ruled that it was undisputed that Jason misused his FMLA leave, and employers may take adverse employment actions against employees who do.

Brown v. BNSF Railway Company, Northern District of Texas, No. 4:24-cv-00729, June 25, 2025

Key to remember: Employers may hold employees to the leave supported by a certification, and if employees take leave outside the certification and don’t provide documentation to support it, employers can take action.

2023-12-05T06:00:00Z

California prohibits marijuana testing on January 1 — Are you ready?

New restrictions on marijuana testing take effect in California on January 1, 2024, and will require updates to workplace drug testing programs.

The new state law:

Prohibits discrimination against employees based on off-duty use of marijuana.
Prohibits employers from taking a negative action based on a drug test that has detected nonpsychoactive cannabis metabolites.

How will this impact workplace drug testing?

Unless there is an exception, the law prohibits employers from using a positive test for marijuana as a reason to discipline, terminate, or refuse to promote an employee, or decline to hire an applicant.

The law does not allow employers to base negative employment decisions on a test that detects nonpsychoactive cannabis metabolites. This, in effect, prohibits marijuana testing. Cannabis metabolites are created by the body after cannabis is digested and will be detected on a drug test long after the psychoactive effects of cannabis have worn off.

The psychoactive effects of cannabis, or the high feeling a person experiences after using cannabis, is due to the chemical tetrahydrocannabinol (THC). After entering the bloodstream, this chemical quickly binds to fat tissues, as well as brain and muscle tissue. It slowly reenters the bloodstream and is excreted from the body, but this process takes about a day and a half for an individual who uses cannabis infrequently and two weeks or more for more for more frequent users.

The impairment caused by cannabis will last between four and 10 hours, but varies based on the drug’s potency, how the drug was taken into the body, a person’s metabolism, and tolerance to the drug. Because marijuana’s metabolites remain in the body beyond the impairment window, a positive test for marijuana is not proof that an individual is impaired.

Are there alternatives to traditional tests?

The law notes that a test that identifies THC in a person’s body fluids, rather than nonpsychoactive metabolites, would be allowed.

A test for THC would likely also detect marijuana metabolites as well, however. Because it would not be clear whether THC or its metabolites caused the positive test, a THC test is likely to be problematic.

The state’s law also notes that impairment tests, which measure an individual employee against their own baseline performance, are acceptable. To make a decision based on this type of test, an employer would need a baseline test for comparison and would also need to ensure the test’s accuracy to lower the risk of a challenge from an employee.

Protection of off-duty use

In addition to restricting the type of test that can be used, the law also restricts employers from discriminating against an employee because of off-duty marijuana use.

This places another barrier in front of a pre-employment drug test for marijuana unless an exception applies.

A positive pre-employment test for marijuana will always be due to off-duty use because an applicant has not been on-duty with the employer. Because of this, a decision to not hire an individual because of a positive marijuana test would be considered discriminatory.

Who needs to comply?

The law applies to all California employers, with some exceptions. It does not apply to:

An employee in the building and construction trades.
Applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the U.S. Department of Defense, or equivalent regulations applying to other agencies.
Employees subject to state or federal laws requiring applicants or employees to be tested for controlled substances. (This includes drivers subject to drug and alcohol regulations from the Department of Transportation.)
Testing required in order to receive federal funding or federal licensing-related benefits.
Testing required under a federal contract.

Because California has a state law requiring testing of van and small bus drivers under the California Public Utilities Code, drivers transporting 15 or fewer passengers would be subject to testing for marijuana, and other drugs under state law.

What can employers do?

Although tests for marijuana are restricted in California, employers can:

Prohibit employees from using, possessing, selling, distributing, or growing marijuana in the workplace and on work time.
Prohibit employees from being impaired by marijuana at work.
Make new hires and employees aware of a company’s workplace drug and alcohol policy and the expectation that they adhere to it.

Key to remember: Marijuana tests are prohibited in California as of January 1, 2024, unless an exception applies. Employers in California should update their drug testing policies to comply with the new law.

Most Popular Highlights In Safety & Health

2023-08-07T05:00:00Z

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

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

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

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

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

#1 Start here

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

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

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

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

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

#2 Train on these topics

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

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

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

Truck-related topics include the following:

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

Workplace-related topics are examples like these:

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

#3 Determine success

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

#4 End here

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

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

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

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

Action item

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

Key to remember

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

2025-07-07T05:00:00Z

Batteries included…risks too - lithium-ion battery safety

“With great power comes great responsibility .”

This saying fits perfectly when talking about lithium-ion batteries. They are essential to powering the tools and devices we use every day, but they can also be dangerous if not handled responsibly. For the most part, these devices are safe; after all, we carry them on us daily . Because of their popularity, awareness and diligence in proper purchase, usage, and maintenance is critical to ensuring the safe use of these devices in our workplaces and beyond.

What's the big deal?

To answer this question, let's look at a few recent examples of incidents involving devices containing lithium-ion batteries.

In June, a fire in New York led to injuries to one resident, four paramedics, and nine firefighters. The cause of the fire remains under investigation, but preliminary analysis suggests it was connected to five lithium-ion batteries, two of which were being charged at the residence.

In October 2023, a fire occurred at an electric vehicle battery manufacturer in Georgia . The incident led to several workers experiencing potentially permanent respiratory issues due to exposure to toxic fumes, including hydrofluoric acid vapors released during the lithium-ion battery fire. OSHA cited the company for five serious violations, proposing penalties exceeding $77,000.

What are lithium-ion batteries?

Lithium-ion batteries are everywhere—powering our phones, laptops, toothbrushes, power tools, and more. Some may say they're a technological marvel due to light weight, rechargeability, and ability to pack a lot of power into a small package.

In layman’s terms, they work like most other batteries. Lithium ions move back and forth between two components called the anode and cathode. This movement allows the battery to charge and discharge, powering all kinds of devices.

But while they're efficient and compact, lithium-ion batteries can also be prone to damage. Overcharging, poor maintenance, physical damage, or improper disposal can lead to serious concerns. Reinforcing the reasons for diligence when using these amazing devices.

What are the dangers?

Lithium-ion batteries are highly efficient and widely used for their reliability. When handled correctly, they are safe and effective. However, it's important for users to understand that improper use or damage can lead to serious risks of injury, including:

Thermal runaway – a chain reaction where the battery overheats and can catch fire or explode; often caused by overcharging, damage, or high temperatures.
Fire or explosion – happens when the battery is overheated, punctured, or short-circuited.
Short circuits – can cause sparks, fires, or electric shock, especially if the battery is damaged or improperly handled.
Physical damage – dropping, crushing, or puncturing a battery can make it unsafe to use or charge.
Chemical leaks – damaged batteries can leak harmful chemicals that may burn skin or irritate lungs.
Improper disposal – throwing batteries in the trash can lead to fires in trash bins, garbage trucks, or landfills.

What can we do to stay safe?

Lithium-ion batteries power our daily lives and using them safely is crucial. As incidents rise, regulatory organizations are taking notice. Recently the National Fire Protection Association (NFPA) has launched its “Charge into Safety” campaign to raise awareness about lithium-ion battery hazards. You can help prevent accidents by following these key safety tips:

Use proper equipment - ensure you are using chargers and batteries that are certified for the specific device and are recommended by the manufacturer. Avoid using cheap, off-brand replacements.
Store and charge safely - store batteries in a cool, dry place away from heat and sunlight. Heat is one of the biggest threats to lithium-ion battery safety. They should be kept in a cool, well-ventilated area, and away from sources of moisture which can cause corrosion or short circuits.
Inspect often - check for swelling, leaks, or damage. Stop using damaged batteries immediately.
Train workers - ensure anyone who handles these batteries understands how to use them safely, can recognize concerns, and knows how to respond to emergencies that may occur from use.
Dispose correctly – dispose of them responsibly. Never throw lithium-ion batteries in the trash. Recycle batteries at approved centers.

Key to remember: Lithium-ion batteries power our modern world, but when not used responsibly, they can be dangerous. Stay safe by using certified equipment, charging and storing batteries and devices properly, inspecting them regularly, training users, and recycling responsibly.

2025-06-27T05:00:00Z

Repealing a rule simply reinstates a previous version of that regulation

With the Trump administration taking a de-regulatory approach and repealing many standards adopted in the last 10 to 15 years, it’s worth keeping in mind that those repeals do not eliminate obligations on employers and businesses. When a federal agency repeals a recent revision to a regulation, the agency just reinstates an older version of the rule. When the previous version again goes into effect, employers need to determine their obligations under that version of the rule.

Federal agencies adopt regulations to implement federal laws such as the Clean Air Act or the Occupational Safety and Health Act, both of which became law in 1970. Those laws aren’t getting repealed, and the regulations implementing them have been changing for 50 years.

When a federal agency repeals a regulation, it still needs implement and enforce the underlying statute. The agency typically repeals an expansion of requirements, but then re-implements an older version of the rule. For example, if the Environmental Protection Agency (EPA) repeals a standard that increases passenger vehicle fuel economy, that doesn’t eliminate fuel economy standards. Vehicle manufacturers would still need to meet some lower standards that were in effect before the increase.

While new regulations create changes for employers, repeals of regulations also create changes that employers must evaluate. Employers likely need to consider:

What specific requirements were eliminated? Should we keep doing some or all of them anyway? What are the costs of making changes?
What new or different (older) requirements took effect? Were we already doing that, or do we need to make changes?
What steps must we follow to effectively implement these changes? Among other things, this might include revising written procedures, obtaining different equipment, and training employees.

Laws rarely change

Most bills introduced in Congress never become laws. On the other hand, Congress almost never successfully repeals a law (like the Affordable Care Act). The battle over how to implement and enforce federal laws often takes place at the agency and regulatory level.

Effectively, regulations are interpretations describing how the agency will enforce federal statutes, but those regulations carry the force of law. When a regulation gets repealed or revised, a business might have a lower standard to meet, but it still has obligations. As noted, the repeal usually ends up restoring an older regulation, perhaps one that was last in effect ten years ago or more, and employers probably don’t remember exactly what those provisions required.

The point is that a repeal is still a change to a regulation. Employers will need to identify their revised obligations and implement plans for complying with the changed requirements.

2025-07-01T05:00:00Z

Flurry of activity in the OSHA world: Agency publishes final rule, multiple proposed rules

In response to Executive Orders, OSHA published 25 proposed rules and one final rule in the Federal Register on July 1. Stakeholders have until September 2 to comment on the proposed rules, and in some instances, OSHA seeks input on specific questions pertaining to the rule.

The agency’s lone final rule, effective July 1, removes the requirement for the Assistant Secretary of OSHA to consult with the Advisory Committee on Construction Safety and Health (ACCSH) when formulating rules to promulgate, modify, or revoke standards applicable to construction work. It also revokes 1912.3, the general regulations governing ACCSH.

Additionally, OSHA is withdrawing its proposal to amend the OSHA 300 Log by adding a column that employers would use to record work-related musculoskeletal disorders. This does not change any employer’s obligation to complete and retain occupational injury and illness records under OSHA’s regulations.

Proposed action	Affected regulation
Remove some medical evaluation requirements for the use of medical evaluations for filtering facepiece respirators and loose-fitting powered air-purifying respirators.	• Respiratory protection, 1910.134
Revise some substance-specific respirator requirements to allow different types of respirators to be used.	• 1,2-Dibromo-3-Chloropropane, 1910.1044 • 1,3-Butadiene, 1910.1051 • Asbestos, 1910.1001, 1915.1001, 1926.1101 • Benzene, 1910.1028 • Cadmium, 1910.1027, 1926.1127 • Coke oven emissions, 1910.1029 • Cotton dust, 1910.1043 • Ethylene oxide, 1910.1047 • Inorganic arsenic, 1910.1018 • Lead, 1910.1025, 1926.62 • Methylene chloride, 1910.1052 • Methylenedianiline, 1910.1050, 1926.60
Remove duplicative language related to respiratory protection.	• Acrylonitrile, 1910.1045 • Formaldehyde, 1910.1048 • Vinyl chloride, 1910.1017
Revise respirator requirements; clarify policies and procedures for implementing a respiratory protection program.	• 13 Carcinogens, 1910.1003
Remove entire regulation.	• Construction illumination, 1926.26, 1926.56 • House falls in marine terminals, 1917.41 • Occupational exposure to COVID-19 in healthcare settings, 1910 Subpart U • COVID-19, 1915.1501, 1917.31, 1918 Subpart K, 1926.58, 1928.21(a)(8) • Open fire in marine terminals, 1917.21 • Safety color code for marking physical hazards, 1910.144, 1910.262(c)(8), 1910.265(c)(11), 1915.90 • Recission of coordinated enforcement regulations, 29 CFR Part 42
Add a regulatory section clarifying OSHA’s interpretation of the General Duty Clause to exclude from enforcement known hazards that are inherent and inseparable from the core nature of a professional activity or performance, such as animal handling, motor sports, and combat simulation training.	• 1975.7, Application of the General Duty Clause to inherently risky professional activities
Final action	Affected regulations
Revoke 1911.10, which requires the Assistant Secretary for Occupational Safety and Health (Assistant Secretary), who heads OSHA, to consult with the Advisory Committee on Construction Safety and Health (ACCSH) in the formulation of rules to promulgate, modify, or revoke standards applicable to construction work, and 1912.3, the general regulations governing ACCSH. Revise corresponding sections in 1911 and 1912.	• 1911.10, Construction standards • 1911.15, Nature of hearing • 1912.3, Advisory committee on construction safety and health • 1912.8, Committee charters • 1912.9, Representation on section 7(b) committees

2023-05-18T05:00:00Z

Breaking the plane of a confined space doesn’t require a complete entry

Did you know that OSHA’s standard on permit-required confined spaces (PRCS) says entry occurs as soon as any part of the entrant’s body breaks the plane of the opening into the permit space?

Many workers and employers mistakenly think that placing part of the body or hands into a confined space isn’t entry. Knowing the difference between when entry occurs and not will help employers determine if a permit is required.

Letters of Interpretation

As clarified in an OSHA Letter of Interpretation (LOI) dated October 18, 1995, “When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred and a permit is required, regardless of whether there is an intent to fully enter the space.”

This definition of “entry” might seem to be too strict. Still, OSHA’s letter clarifies that there are situations where a partial entry would be hazardous: “Examples of situations where entry by only part of the body into a PRCS can expose an entrant to the possibility of injury or illness are as follows:

An entrant can possibly suffer a burn while reaching into a PRCS, which is so classified because it contains a thermal hazard.
An entrant can possibly fall into a below-grade PRCS while standing on a vertical ladder in the opening of the space, which is so classified because it contains an oxygen-deficient atmosphere.
An entrant can possibly become unconscious as result of his head accidentally entering a PRCS while they are reaching into a PRCS, which is so classified because it contains an oxygen deficient atmosphere.”

As another example, if the space contains a flammable or oxygen-enriched atmosphere, and if the activities during a partial entry could produce a spark or other ignition source, then a fire in the space could flash out of the opening and cause serious injuries to the employee.

OSHA’s guidance continues

This doesn’t necessarily mean you’d be fined if a permit wasn’t followed when someone reached a tank. OSHA’s guidance continues: “However, if entry by only part of the body does not expose the entrant to the possibility of injury or illness, then the violation may be considered a ‘de minimis’ violation.”

A de minimis violation is one in which a standard is violated, but the violation has no direct or immediate relationship to employee safety or health. These violations are documented but no citations are issued.

OSHA says examples of situations where entry by only part of the body into a PRCS would not expose an entrant to the possibility of injury or illness are as follows:

An entrant reaches through the opening of a horizontal PRCS, which is so classified only because it contains exposed live electrical parts ten feet from the opening.
An entrant puts his head through the opening of an overhead PRCS, which is so classified only because it contains unguarded rotating parts ten feet from the opening.

Also, consider a situation such as a worker reaching through a small grate to take a sample from a permitted space. The LOI further states, “If a part of the body were placed in an opening through which the worker could not pass into the permit-required confined space, no PRCS entry will have occurred.”

Keep in mind, however, that the employee would still need protection from any hazards involved in the task, but a permit would not be needed.

Key to remember

When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred, and a permit is required.

2021-05-05T05:00:00Z

Can you fire someone who’s out for a work-related injury?

Many supervisors have wondered if they can fire an employee who is off work because of a work-related injury. The short answer is yes, but you’ll need to provide a legitimate reason for termination in order to avoid the appearance of retaliation. In many cases, you can even fire an employee for refusing a light duty offer.

You cannot fire an employee simply for reporting an injury or filing a workers’ compensation claim, but you can fire them for other valid reasons, even after they report an injury or file a claim.

Most states allow you to fire an employee without giving a specific reason, although most employers won’t agree to terminate someone unless they have a reason. In addition, that reason needs to be supported by documentation such as written warnings.

Documentation

Laws that protect employees from discrimination or retaliation do not protect them from termination, if you have a valid reason. For example, an employee cannot be fired because of race, gender, or national origin. However, any employee could still be fired for reasons like theft, workplace violence, or violating company policies.

If an employee engaged in protected activity (such as filing a workers’ compensation claim) and you want to fire that employee, you’ll need to show that anyone would have been fired in that situation, and the protected activity was not a consideration.

To accomplish that, you’ll need to show documentation of the reason, such as repeated warnings for violating safety rules. Even if warning are delivered verbally, you should document the date and nature of the warning. Simply claiming that “I’ve warned him verbally several times” usually won’t be sufficient.

Refusing light duty

If a doctor releases an injured employee to work with restrictions, and the company offers work within those restrictions, you can expect the employee to show up for work. In many cases, refusing to report for light duty can be treated the same as a refusing to work any other shift. The employee might be fired or told that refusal to work is considered job abandonment.

However, if the employee is protected under the Family and Medical Leave Act (FMLA), termination is not an option. The FMLA can apply to a workers’ compensation injury, and gives the employee a right to time off until he or she can return to the former position (not merely to a light duty position).

If an employee refuses a light duty offer, he or she will likely lose wage replacement benefits under workers’ compensation. Still, an employee protected by the FMLA can take unpaid leave until he or she can return to the same job, or until the 12 weeks of FMLA leave are exhausted.

Even employees protected by the FMLA can be fired for valid reasons, such as theft or violations of company policies. However, any termination should proceed with caution, and employers should consider consulting with an employment law attorney about the situation.

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