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
2025-07-30T05:00:00Z
NewsHazardous WasteIndustry NewsWaste/HazWasteWasteSafety & HealthConstruction SafetyGeneral Industry SafetyWasteEnvironmentalIn-Depth ArticleSolid WasteEnglishFocus AreaUSA
Navigating EPA’s solvent-contaminated wipes rule: A guide for employers
In an effort to streamline hazardous waste regulations and encourage responsible practices, the U.S. Environmental Protection Agency (EPA) finalized the Solvent-Contaminated Wipes Rule in 2013 (codified under 40 CFR 261.4(a)(26) for exclusions and 261.4(b)(18) for exemptions). The rule makes it easier for businesses to manage certain used rags and wipes. If your company uses rags or shop towels with cleaning solvents on them, this rule can help you reduce the regulatory burden of managing wipes as hazardous waste, but only if you follow the EPA’s conditions closely.
What is the solvent-contaminated wipes rule?
The EPA’s rule states that used wipes with certain cleaning solvents on them does not have to be treated as hazardous waste. The types of wipes or rags that apply are:
- Reusable wipes such as cloth shop towels that are laundered and reused.
- Wipes like paper towels or single use rags that are disposed of as solid waste or incinerated for energy.
What type of wipes and solvents qualify?
It is important to remember that this rule only applies to wipes that are used with specific types of solvents. So, if the rags are contaminated with oils, paints, or other types of chemicals, they would not qualify for the exemption. Also, the wipes cannot be dripping wet or as EPA states “No free liquids.” Common solvents allowed under the rule are:
- Acetone
- Isopropyl alcohol
- MEK (Methyl Ethyl Ketone)
- Toluene or Xylene
How to manage wipes that are exempt:
- Store wipes correctly – used wipes should be kept in sealed and leak proof containers, labeled as “Excluded solvent-contaminated wipes,” and only open the containers when adding or removing wipes.
- No free Liquids – wipes must not drip or leak solvent. A common way to test for this is using a basic “paint filter test” (if liquid drips through, it fails). Free liquids that are removed must be treated as hazardous waste.
- Time limits – generators may accumulate wipes for up to 180 days from the start date of accumulation.
- Use approved facilities – If you are reusing wipes, send them to a permitted industrial laundry or cleaning service. If you are disposing of wipes send them to a permitted landfill or incinerator.
- Keep records – keep records for at least three years and include where the wipes were sent, what solvent was used, and when the wipes were shipped off-site.
State Implementation
While the EPA rule applies at the federal level, states with authorized RCRA programs may have more stringent or different rules. For example, California does not adopt this exclusion and regulates solvent wipes as hazardous waste unless they are truly clean. Employers should always check with their state environmental agency to confirm alignment or differences from the federal rule.
The solvent wipes rule is a great opportunity for businesses to reduce waste costs and paperwork—but only if you follow the conditions. With good storage, labeling, and record-keeping, most shops and facilities can stay in compliance without too much trouble. It is an easy way to stay legal and keep operations running smoothly.
Keys to remember: The EPA allows certain solvent-contaminated wipes to be excluded from hazardous waste if they’re managed and stored properly, contain no free liquids, labeled correctly, and sent to approved facilities within 180 days.
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RECENT INDUSTRY HIGHLIGHTS
2025-07-30T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Violate the FMLA? The PAID program might help employers avoid costly penalties
On July 24, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced that it is restarting the Payroll Audit Independent Determination (PAID) program to enable employers to self-identify and resolve leave violations under the federal Family and Medical Leave Act (FMLA). Under the program, employers can correct mistakes efficiently and quickly and avoid litigation.
When contacting the WHD about participating in PAID, employers must be prepared to certify that the following is true:
- They are an employer covered by the FMLA.
- The employees included in their proposed PAID self-audit are not subject to prevailing wage requirements under the H-1B, H-2B, or H-2A Visa Programs, the Davis Bacon Act or Related Acts, or the Service Contract Act.
- Neither the WHD nor a court of law has found within the last three years that they have violated the FMLA.
- They are not currently a party to any litigation (e.g., private, with the WHD, or with a state enforcement agency) asserting violation of the FMLA practices at issue in this proposed PAID self-audit.
- The WHD is not currently investigating problematic FMLA practices in this proposed PAID self-audit.
- They have informed the WHD of any recent FMLA or state leave law complaints of which they are aware to the WHD or a state enforcement agency, asserting that the leave practices at issue in this proposed PAID self-audit violate the FMLA requirements.
- They have not previously participated in PAID within the last three years to resolve potential FMLA violations resulting from the leave practices at issue in this proposed PAID self-audit.
- They have a continuing duty, during the audit process, to update the WHD on any changes to the above information and/or representations.
- They acknowledge that participating in the PAID program does not cut off employee rights under other federal employment laws (e.g., Americans with Disabilities Act, Pregnant Workers Fairness Act, Title VII) or any other state or local employment-related laws.
The WHD examines potential participants on a case-by-case basis.
From there, employers will be expected to:
- Review FMLA compliance assistance material to help them understand the program and their FMLA obligations before conducting a self-audit.
- Enter their name and the name of their business at the start of the review.
After they complete the Compliance Assistance Review, the system will generate a Certificate of Completion.
After performing a self-audit, employers will contact the WHD district office. They will be asked to provide:
- The names, addresses, and phone numbers of all affected employees;
- The back wage calculations, along with supporting evidence and the methodology used to make those calculations;
- Any other FMLA remedies described above, along with supporting evidence and methodology;
- Payroll records and any other relevant evidence;
- Records demonstrating the nature of the violation and impact on affected employee(s);
- Records showing that they have corrected the leave practices to comply with the FMLA;
- A concise explanation of the scope of the potential violations for possible inclusion in a release of liability;
- A certification that they reviewed all of the program's information, terms, and compliance assistance materials; and
- A certification that they meet all eligibility criteria of the program.
The WHD will then evaluate this information and contact employers to discuss the next steps, including collecting any other information necessary for the WHD to review remedies due to the identified violations. Once accepted into PAID, the WHD will provide a proposed scope of the release of liability for the potential violations presented.
The WHD will review the violation and proposed remedies and confirm whether the proposed remedy is adequate. Employers must implement the remedies within 15 days of receiving the finalized self-audit results from the WHD.
The FMLA rarely results in class action FMLA lawsuits, so the PAID program might not be for everyone. Those employers that do participate in the program, however, might save themselves from costly penalties by clearing up compliance mistakes.
Key to remember: Employers might be able to lessen the repercussions of an FMLA violation by participating in the PAID program.
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2025-07-30T05:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyUnions/Labor RelationsOffice of Labor-Management Standards (OLMS)Labor Management Reporting and Disclosure Act (LMRDA)EnglishU.S. Department of Labor (DOL)Focus AreaUSA
DOL launches self-audit programs to improve compliance
The U.S. Department of Labor (DOL) has launched several self-audit programs aimed at helping employers, unions, and benefit plan administrators assess and improve their compliance with federal labor laws. With voluntary compliance, the programs aim to enhance worker protections, reduce violations, and minimize the need for formal investigations or litigation.
The agencies offering self-audit programs include:
- OSHA. The agency is expanding its Voluntary Protection Programs and will also support voluntary compliance through its On-Site Consultation Program.
- Employee Benefits Security Administration (EBSA). EBSA offers two programs: the Voluntary Fiduciary Correction Program and Delinquent Filer Voluntary Compliance Program.
- Mine Safety and Health Administration (MSHA). MSHA’s Compliance Assistance in Safety and Health program provides resources for mining operations via an information hub.
- Office of Labor-Management Standards (OLMS). OLMS administers the Voluntary Compliance Partnership program.
- Wage and Hour Division. The agency is restarting the Payroll Audit Independent Determination program.
- Veterans’ Employment and Training Service (VETS). VETS launched SALUTE: Support and Assistance for Leaders in USERRA Training and Employment.
Additional resources, toolkits, and program-specific information can be found on DOL’s Self-Audit Programs webpage.
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2025-07-30T05:00:00Z
NewsIndustry NewsOn-duty time - Motor CarrierFleet SafetyEnglishElectronic logging device (ELD)Hours of ServiceHours of ServiceDriver's record of duty statusFocus AreaIn-Depth ArticleEnforcement - DOTRoadside InspectionsTransportationUSA
Staying compliant: A driver’s guide to personal conveyance
Personal conveyance (PC) continues to be one of the most misunderstood and misused hours-of-service exceptions in the industry. Data collected during over 41,000 roadside inspections revealed that as many as 38% of drivers using the PC exception use it improperly.
What is personal conveyance?
The personal conveyance exception allows a driver to use a CMV for personal reasons while off duty, essentially using a CMV for errands or travel. This would be something they would typically do with their personal vehicle, if it were available. When considering whether PC is appropriate for the movement of the vehicle, a driver must consider these four requirements. If the move does not meet all four requirements, it is not PC.
- Does the carrier have a policy authorizing PC?
- Is the driver legitimately off duty during the move?
- Is the destination purely personal?
- Is there any benefit to the carrier? This includes ending up in a better position as far as the current or next assignment.
When a driver is confident the move meets all four requirements, the driver can use PC for the move.
Proper use of personal conveyance
Drivers who are permitted to use PC must be relieved from duty before they can use this exception. Examples of proper usage are:
- Traveling from a truck stop to a restaurant or hotel.
- Commuting between home and the driver’s terminal.
- Driving to the nearest safe place to rest after loading or unloading.
There are many other examples of proper use. Each move should be assessed on a case-by-case basis.
Prohibited use of personal conveyance
Examples of movements that would not qualify as PC are:
- Bypassing an available rest location to get closer to a delivery or pick-up location.
- Time spent transporting a CMV to a maintenance facility.
- Time spent traveling to a carrier’s terminal after loading or unloading.
Common questions
Many drivers find themselves non-compliant because they do not fully understand these requirements. Below are some common questions.
- Can a driver stop at a restaurant for dinner and log off duty for the day, eat dinner, and drive to the truck stop at the same exit using PC?
- Because the driver intends to end the workday at the truck stop, the driver cannot use PC to get there. The driver would be in compliance if they had gone to the truck stop, logged off duty, then used PC to travel to and from dinner.
- If a load is not available for a driver, can they use PC to travel several hundred miles home?
- While there is no time or mileage limit on PC at this time, a driver cannot use PC to place the truck or driver in a better position for the next load. Most carriers would load a driver as close as possible to the current location. Since it is not likely that the driver would return to the location the PC began for the next load, PC is usually not appropriate for this move.
- Can a driver use PC to go to a store to get food and other personal items?
- A driver is permitted to use a CMV to go anywhere they would go in a personal vehicle, as long as the move is strictly personal. The driver cannot be purchasing items for the carrier and must not move the CMV closer to the next pick up or delivery, unless they return to the starting location at the end of the personal move.
Key to remember: PC is a tool a driver can use to complete personal tasks, but care should be taken to ensure the move is purely personal to avoid fines and penalties.
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2025-07-29T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
14 FMLA certification DOs and DON’TS
Communication between employers and employees is crucial in avoiding issues under the federal Family and Medical Leave Act (FMLA). A big part of that communication lies in the certification employees use to support their leave needs.
While a certification is often at the crux of FMLA leave management, it's easy to make some blunders regarding FMLA certifications.
Here are some employer DOs and DON’Ts regarding FMLA certifications:
Dos
- Ask for certifications when FMLA leave is for any reason other than bonding with a healthy child (e.g., adoption).
- Review certifications carefully.
- Consider the employee or family member to have an FMLA serious health condition if one of the boxes on page 2 is checked (other than “None of the above”).
- Accept certifications from health care providers outside of the U.S.
- Keep certifications for at least three years.
- Ask for recertifications when allowed.
- Ask for new/initial certifications when employees notify you of the need for leave for the first time in a new leave year — even if the leave is for a continuing condition.
- Keep medical information confidential and separate from general personnel files.
Don’ts
- Demand that certifications include a diagnosis.
- Mandate that certifications include information about other medical facts related to the condition. Health care providers get to decide whether to add anything to that area.
- Ask for certifications when the need for leave is strictly for bonding with a healthy child.
- Ask for certifications or recertifications more often than allowed.
- Worry if certifications don’t specifically include time off for morning sickness for pregnant employees, even if they take time off for it. All time related to pregnancy, birth, recovery, etc., is FMLA-protected.
- Second-guess completed fitness-for-duty certifications.
These two lists scratch the FMLA surface. Employers must address situations on an individualized basis.
If, for example, an employee has a certification completed by someone other than a doctor, but the company’s group health care plan accepts that individual as someone who can substantiate a claim for benefits, that individual is allowed to complete an FMLA certification.
Key to remember: FMLA leave administration often revolves around a certification, but there are limitations employers must be aware of.
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2025-07-29T05:00:00Z
NewsIndustry NewsEnvironmental Protection Agency (EPA)Renewable and Alternative EnergyBiofuelCAA ComplianceEnvironmentalIn-Depth ArticleRenewable and Alternative EnergyEnglishFocus AreaUSA
Renewable Fuel Standard: Route to compliance for refiners and importers
Compliance with the Renewable Fuel Standard (RFS) program can seem just as intimidating as driving on a multi-level interchange in a major city that you’ve never been to before. Thankfully, helpful guidance (like a reliable GPS) can help gasoline and diesel refiners and importers route a path to success.
The Environmental Protection Agency (EPA) issued a partial waiver on July 7, 2025, that lowers the 2024 renewable fuel volume requirement for cellulosic biofuel. As a result, refiners and importers have a lower volume threshold to meet for this category of renewable fuel. EPA’s recent action highlights the key to the program: volume requirements.
Use this road map of the basics to understand how refiners and importers of gasoline and diesel comply with the RFS program.
Starting destination: About the program
The RFS program (see 40 CFR Part 80 Subpart M) requires gasoline and diesel fuel (called transportation fuel) that’s sold in the U.S. to contain a specific volume of renewable fuel. There are four renewable fuel categories:
- Advanced biofuel,
- Biomass-based diesel (or BBD),
- Cellulosic biofuel, and
- Total renewable fuel.
The route to compliance for refiners and importers that produce, distribute, and sell transportation fuel consists of annual standards, volume requirements, and demonstration.
Stop 1: Discover the annual standards
EPA sets national annual volume requirements for renewable fuel that must be blended into the U.S. market’s total amount of transportation fuel. The agency establishes volumes for each renewable fuel category in addition to corresponding percentage standards.
For example, EPA’s waiver for cellulosic biofuel lowered the 2024 annual volume requirement to 1.01 billion gallons and the percentage standard to 0.59 percent, due to lower-than-expected production volume.
Stop 2: Calculate the volume requirements
Refiners and importers of transportation fuel (“obligated parties”) use the annual percentage standards to determine the number of gallons of gasoline or diesel fuel they must blend individually.
Obligated parties have to meet Renewable Volume Obligations (RVOs) for each type of renewable fuel. RVOs are based on the amount of fuel the parties produce or import (essentially, their share of total transportation fuel). They calculate individual RVOs using this formula:
- Gasoline and diesel production or import volume x Annual percentage standard + Any carryover deficit from the previous year
Consider an example using the amended 2024 requirements for cellulosic biofuel with these factors:
- A production/import volume of 500,000 gallons,
- An annual percentage standard of 0.59 percent, and
- A carryover deficit of 0.
- RVO = 500,000 x 0.59 percent + 0
In this example, the RVO for cellulosic biofuel in 2024 is 2,950 gallons.
Stop 3: Demonstrate compliance
Obligated parties must demonstrate compliance with their individualized RVOs annually. To do so, they need to obtain and retire enough Renewable Identification Numbers (RINs) to meet the RVO for each renewable fuel category (80.1434(a)(1)).
Obligated parties can get RINs by:
- Purchasing batches of renewable fuel and the RINs assigned to them, and/or
- Purchasing RINs that are no longer assigned to batches of renewable fuel.
Let’s look at a common path to obtaining RINs using a fuel blender:
- Fuel is generated.
- RINs are generated and assigned to the renewable fuel a producer makes. (One RIN represents one ethanol-equivalent gallon of renewable fuel.)
- An entity produces or imports nonrenewable fuel. The refiner or importer becomes an obligated party subject to RVOs.
- Fuel is blended.
- A blender purchases renewable fuel with the assigned RINs from the renewable fuel producer and nonrenewable fuel from the obligated party.
- The blender combines the renewable and nonrenewable fuels.
- RINs are separated.
- Once the fuels are blended, the blender separates the RINs from the renewable fuel.
- A service station purchases the blended fuel (without the RINs), and the blender sells/trades the RINs.
- Obligated parties can purchase separated RINs to meet their RVOs.
- RIN transactions are recorded.
- The obligated party records each purchase and sale of RINs it makes into the EPA Moderated Transaction System (EMTS). The EMTS tracks all RIN transactions.
- RINs are retired and/or carried over.
- The obligated party retires the RINs needed to meet the RVO for all four renewable fuel categories (usually at the end of the compliance year).
- If the obligated party has a surplus of RINs that didn’t have to be retired, the party can either:
- Carry over the RINs into the next compliance year (after which they can’t be used for compliance), or
- Sell the surplus RINs.
Final destination: Compliance
Obligated parties report the retired RINs in their annual compliance report (80.1451(a)(1)).
Key to remember: The route to successful compliance with the Renewable Fuel Standard program for gasoline and diesel refiners and importers consists of annual standards, volume requirements, and demonstration.
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