SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-09-26T05:00:00Z
NewsCommercial drivers license CDLIndustry NewsIndustry NewsFleet SafetyCommercial learners permit CLPCommercial drivers license CDLCDL endorsements and restrictionsFocus AreaEnglishTransportationUSA
FMCSA announces changes to non-domiciled CDL issuance
The Federal Motor Carrier Safety Administration (FMCSA) has announced an emergency action, placing restrictions on who is eligible to obtain a non-domiciled commercial learner’s permit (CLP) and non-domiciled commercial driver’s license (CDL).
Details of the rule
Effective immediately, under the interim final rule (IFR), to obtain a non-domiciled CLP or CDL, non-citizens (except lawful permanent residents) must meet specific requirements, including possessing an unexpired foreign passport and a valid, non-expired employment-based visa.
State driver licensing agencies (SDLAs) will be required to query the Systematic Alien Verification for Entitlements (SAVE) system to verify the non-domiciled CDL applicant’s immigration status.
The SAVE system, administered by U.S. Citizenship and Immigration Services (USCIS) is used by government agencies to verify the immigration status and U.S. citizenship of applicants for public benefits and licenses.
The IFR shortens the term of a non-domiciled CDL to one year or the expiration date of the visa, whichever occurs first. Also, all renewals will need to be completed in person at an SDLA office (no mail or online renewal option).
Enforcement action against California
FMCSA has also announced that in addition to this emergency rule, FMCSA has initiated a direct enforcement action against California. The state must immediately:
- Pause issuance of non-domiciled CDLs,
- Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations, and
- Revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.
California has 30 days to come into compliance, or FMCSA will withhold federal highway funds — starting at nearly $160 million in the first year and doubling in year two.
FMCSA cited a recent audit that revealed that 25 percent of non-domiciled CDLs were issued improperly as the reason for the immediate action.
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RECENT INDUSTRY HIGHLIGHTS
2025-09-26T05:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyInjury and Illness Recording CriteriaGeneral Industry SafetyIn-Depth ArticleUSAEnglishFocus AreaInjury and Illness Recordkeeping
Physical therapy, therapeutic exercise, chiropractic care, Oh My!
When a worker gets hurt on the job, whether it’s a strained back from lifting or a sore shoulder from overhead work, the road to recovery often includes more than just rest and ice. Physical therapy, chiropractic care, and therapeutic exercise are common methods to treat these conditions, but they can also carry important implications for OSHA recordkeeping.
So, when do these treatment methods become recordable under OSHA’s rules? Let’s break it down.
What is recordable?
The first question to answer is what does “recordable” mean? Not all injuries are recorded on OSHA 300 logs. The agency outlines the criteria for recordability under 29 CFR 1904.7, which states that a work-related injury or illness is recordable if it results in:
- Death
- Days away from work
- Restricted work or job transfer
- Medical treatment beyond first aid
- Loss of consciousness
- Diagnosis of a significant injury or illness
How do I know if medical treatment is considered beyond first aid?
OSHA’s final rule on recordkeeping clearly states that if medical care includes treatments such as stitches, prescription medications, or the use of a rigid splint, the incident must be recorded. In contrast, first aid measures, like bandages, non-prescription pain relievers, or even massages, do not trigger recordability.
OSHA provides a list of what is considered first aid for recordkeeping purposes at 1904.7(b)(5)(ii), even stating, “this is a complete list of all treatments considered first aid for part 1904 purposes.”
Even if first aid care is repeated or provided by a licensed professional, that doesn’t make the injury recordable. Additional criteria like lost time or restricted work must also apply.
The most important thing to remember is that if it is not on the list, it is considered medical treatment beyond first aid for OSHA recordkeeping purposes.
Is physical therapy or chiropractic care recordable?
OSHA is pretty clear that both physical therapy and chiropractic care are considered medical treatment beyond first aid. That means any use of these treatments for a work-related injury or illness makes the case recordable.
1904.7(b)(5)(ii)(M) Physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes and are not considered first aid.
Additionally, OSHA clarified that even one session may be recordable if it’s part of a treatment plan and it doesn’t matter whether treatment happens on-site or off-site.
Is exercise recordable?
Therapeutic exercise might seem like a simple stretching routine or light movement, but if it’s prescribed by a healthcare provider to treat a specific work-related injury, it’s considered medical treatment beyond first aid, and that makes it recordable.
In fact, OSHA has clarified this in a 2010 letter of interpretation, stating that it “considers therapeutic exercise as a form of physical therapy and intentionally did not include it as a first aid treatment.” Even if the exercises seem non-invasive or low impact, the key factor is intent, if they’re prescribed to treat a work-related injury, they are recordable.
However, one important thing to note is that preventive exercises like pre-shift stretching routines or ergonomic warm-ups are not recordable unless they’re part of a treatment plan for a diagnosed condition.
Key to remember: Physical therapy, chiropractic care, and therapeutic exercise are recordable if prescribed for a work-related injury. Even one session counts as medical treatment beyond first aid.
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2025-09-25T05:00:00Z
NewsIndustry NewsIn-Depth ArticleHazmat SafetyFocus AreaShipping papers - HazmatShipping papers - HazmatEnglishTransportationUSA
Making sense of the shipper’s certification requirements
If you're preparing hazardous materials for transportation, or you're the one transporting them, you’ll want to be familiar with 49 CFR 172.204, which covers the shipper’s certification. It might sound technical, but once you break it down, it’s pretty straightforward. Let’s walk through what it means, when it’s required, and how to do it right.
The shipper’s certification is basically a statement that confirms the hazardous materials you're offering for transport are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the regulations.
When is a certification required?
In most cases, you need to include the certification any time hazmat shipping papers are required. You can use any of the certification statements listed in 49 CFR 172.204. Keep in mind, the statement must appear on shipping paper as it is listed in the regulations. The most commonly use certification statement is:
“This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation.”
However, there are a few exceptions where the certification statement isn’t needed, which include:
- Shipments of hazmat in cargo tanks supplied by the carrier.
- Private carriers transporting hazmat not intended for reshipment or transfer.
- Empty tank (rail) cars being returned that haven’t been cleaned or purged.
So, if you're a shipper using your own vehicle and you're not handing the material off to another carrier, you might be off the hook.
Do you need to sign it?
Yes, a signature is required, but it doesn’t always have to be handwritten. The certification must be legibly signed by a principal, officer, partner, employee of the shipper, or their agent. You can sign it:
- Manually (handwritten)
- By typewriter
- By other mechanical means (like a computer-generated signature)
For rail shipments, the certification can even be done verbally or electronically, as long as it meets specific documentation requirements.
Where does the certification go?
The certification needs to be located directly on the shipping paper that lists the required hazmat shipping description. That means it should be clearly visible and easy to find, not on a separate document or attachment.
Key to remember: If you're involved in hazmat shipping, the certification is your way of saying, “I’ve done everything by the book.” In most cases, it’s not just a formality, it’s a legal requirement.
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2025-09-25T05:00:00Z
NewsIndustry NewsIndustry NewsFocus AreaFleet OperationsFuel managementEnglishFuel ManagementTransportationUSA
CARB comments on EPA effort to overturn its endangerment finding
The California Air Resources Board (CARB) has submitted comments opposing the U.S. Environmental Protection Agency’s (EPA) proposal to overturn its 2009 endangerment finding. On July 29, 2025, EPA proposed to rescind the 2009 Greenhouse Gas Endangerment Finding, which has guided federal actions to address greenhouse gas pollution.
CARB’s comments note that EPA’s proposal ignores more than 15 years of its own research and regulations, and emphasizes that EPA is obligated to address greenhouse gas emissions and adopt strong standards to reduce them.
To view documents supporting this proposed rulemaking as well as comments submitted, visit regulations.gov and access the rule under Docket ID No. EPA-HQ-OAR-2025-0194.
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2025-09-25T05:00:00Z
NewsAir QualityIndustry NewsEnvironmental Protection Agency (EPA)CAA ComplianceEnvironmentalIn-Depth ArticleFocus AreaEnglishAir PermittingAir ProgramsStationary Emission SourcesUSA
Pre-preconstruction permits: Can building begin without one?
Just like blueprints, hard hats, and scaffolding, permits are synonymous with construction. Most businesses have to get permits before breaking ground on a project. However, recent federal guidance on preconstruction permits for air emissions indicates that some construction activities may be able to start without a permit.
The Environmental Protection Agency (EPA) requires businesses to obtain a preconstruction permit for a new facility or major modifications to an existing facility before starting construction. It ensures that new or modified facilities will be able to comply with air emissions requirements. In September 2025, the agency published guidance (in the form of a response letter), determining that a company may start construction activities on parts of a new facility unrelated to air emissions before obtaining a permit.
Let’s take a look at the preconstruction permit regulations, the facts of the case in the guidance, and EPA’s plans to clarify which construction activities can begin before obtaining a preconstruction permit.
What are the preconstruction permit requirements?
Under the New Source Review (NSR) regulations (40 CFR Part 51 Subpart I and Part 52 Subpart A), businesses that build a new facility or make major modifications to an existing one have to obtain a preconstruction permit to “begin actual construction.” EPA defines “begin actual construction” as “physical on-site construction activities on an emissions unit which are of a permanent nature.” It covers activities including (but not limited to) installing building supports and foundations, laying underground pipework, and constructing permanent storage structures.
There are three types of preconstruction permits: Prevention of Significant Deterioration (PSD) permits, nonattainment NSR permits, and minor source permits. The permits define:
- What construction is allowed,
- Emissions limits, and
- How the source must be operated (if applicable).
It’s important to note that most preconstruction permits are issued at the state or local levels. The requirements must be at least as stringent as EPA’s.
What’s the case?
A county air quality district in Arizona asked EPA to assess whether it may allow a company to start the first phase of construction on a semiconductor manufacturing facility before obtaining an NSR permit if no emissions units are involved.
EPA answered the request with TSMC Arizona Begin Actual Construction — EPA Response Letter (September 2, 2025) and published the letter as new guidance.
Facts of the case
The company builds its facilities in three phases and doesn’t install the semiconductor manufacturing equipment until all phases are complete.
The first phase of construction consists of building the core and shell of the facility, which includes the foundation, a steel superstructure, and external walls. The building will eventually house emissions units (semiconductor manufacturing equipment). However, the company stated that the first phase of construction doesn’t involve any air pollution control devices, emissions units, or foundations for emissions units.
The county air quality district agreed that if a structure contains no emissions unit, it’s not subject to NSR permitting because it doesn’t emit or have the potential to emit pollutants.
EPA response to the case
In the September 2025 response letter, EPA recognized that the definition of “begin actual construction” prohibits on-site construction of an emissions unit without a permit, but it doesn’t prohibit on-site construction of the parts of a facility that don’t qualify as an emissions unit.
The agency determined that the county air quality district may allow the company to start the first phase of construction (even if it’s of a permanent nature) before it obtains an NSR permit as long as it doesn’t involve construction on an emissions unit.
What are EPA’s regulatory plans?
The agency will conduct rulemaking to clarify what construction activities need an NSR permit and what construction activities can proceed without one. It plans to amend the NSR regulations in 2026 by:
- Revising the definition of “begin actual construction," and
- Establishing how permitting authorities may distinguish parts of a facility that are and aren’t emissions units or parts of emissions units.
Until then, EPA will address preconstruction permitting issues on a case-by-case basis.
How should facilities respond?
If you’re planning to build a new facility or make a major modification to one, consider these tips to help you comply with the NSR regulations:
- Check whether the state and local requirements are the same as or stricter than federal rules. The state environmental department’s website is a good place to start.
- Contact the permit-issuing agency (likely the state or local air pollution control agency) for direct help with your specific project.
- Watch EPA news announcements for updates on rulemaking. You can also track the Federal Register, where the agency publishes proposed and final rules.
Key to remember: EPA plans to conduct rulemaking to help distinguish which construction activities need a preconstruction permit for air emissions and which activities don’t.
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2025-09-24T05:00:00Z
NewsIndustry NewsIndustry NewsHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyEnglishHeat StressFocus AreaUSA
OSHA extends post-hearing comment deadline for heat rule
OSHA has once again extended the comment period on its proposed heat rule to allow stakeholders more time to respond to questions from the agency.
The proposed rule would require employers to:
- Develop an injury and illness prevention plan to control heat hazards in both indoor and outdoor workplaces affected by excessive heat,
- Develop a plan to protect new or returning workers unaccustomed to working in high heat conditions,
- Provide employee training,
- Establish and implement response procedures if a worker experiences signs and symptoms of a heat-related illness, and
- Take immediate action to help a worker experiencing signs and symptoms of a heat emergency.
OSHA held an informal public hearing from June 16 through July 2, and only those individuals and organizations who submitted a Notice of Intent to Appear at the hearing are allowed to submit post-hearing comments. Interested parties can submit their comments electronically at regulations.gov using Docket No. OSHA-2021-0009 through October 30.
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.