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
2025-09-12T05:00:00Z
NewsHazardous WasteIndustry NewsIndustry NewsWaste ManifestsWaste/HazWasteTSCA ComplianceWasteEnvironmental Protection Agency (EPA)EnvironmentalEnglishFocus AreaUSA
Hazardous waste handlers may continue use of 5-copy manifest forms
The Environmental Protection Agency (EPA) announced that it will accept 5-copy paper manifest forms from entities regulated by the Resource Conservation and Recovery Act (RCRA) hazardous waste manifest program until further notice.
What changed?
The final Third Rule (effective on January 22, 2025) made multiple changes to the hazardous waste manifest regulations, one of which requires regulated entities to use 4-copy manifests (EPA Form 8700-22) and continuation sheets (EPA Form 8700-22A) instead of the previous 5-copy forms.
Initially, EPA stated that it would no longer accept 5-copy forms starting on December 1, 2025. However, the agency has removed the limit and will accept the 5-copy forms until further notice. Additionally, EPA will give a 90-day notice before the agency plans to stop accepting the 5-copy forms.
As an authorized printer of the hazardous waste manifest forms, J. J. Keller & Associates, Inc. is working closely with EPA for approval to print the new 4-copy forms. At the time of publication of this news article, the federal agency hasn’t yet approved any authorized printer to print the new forms.
Exporter and importer requirements
Hazardous waste exporters and importers that use the 5-copy manifest forms are required to put the consent numbers for their wastes in the Special Handling Instructions and Additional Information Field (Item 14) of the 5-copy manifest. If applicable, exporters must also enter their EPA Identification (ID) Numbers in Item 14. The agency recommends using this format: “Exporter EPA ID #AAANNNNNNNNN."
Please note that we will monitor any additional changes that result from EPA's decision to continue accepting 5-copy paper manifest forms and provide updates accordingly.
Key to remember: EPA will accept 5-copy manifests and continuation sheets beyond the initial deadline of December 1, 2025, until further notice.
Keep reading...Show less
RECENT INDUSTRY HIGHLIGHTS
2025-09-12T05:00:00Z
NewsHazardous WasteIndustry NewsWaste ManifestsWaste/HazWasteTSCA ComplianceWasteEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
e-Manifest Third Rule compliance checklist: Countdown to December 1
The date of December 1 often evokes thoughts of colder weather, the start of the Christmas season, and … waste manifests?! That’s certainly the case this year for hazardous waste handlers. On December 1, 2025, the rest of the Third Rule’s compliance requirements for electronic manifests take effect.
The Environmental Protection Agency’s (EPA’s) final Third Rule, established under the Resource Conservation and Recovery Act (RCRA), amends the Hazardous Waste Electronic Manifest System (e-Manifest system) standards. Many of the requirements began in January 2025. The Third Rule’s remaining regulatory changes start on December 1, 2025. Are you prepared to comply?
e-Manifest compliance check
Use this checklist to help you ensure that your business is set to comply with the rest of the Third Rule’s requirements that take effect in December.
Transition to the 4-copy forms
Under the Third Rule, EPA replaced the 5-copy paper manifests and continuation sheets with 4-copy paper manifests (EPA Form 8700-22) and continuation sheets (EPA Form 8700-22A). However, the agency allows hazardous waste handlers to continue using the 5-copy paper forms until further notice. EPA will provide a 90-day notice before it intends to stop accepting the 5-copy forms.
Note: At the time of the publication of this article, EPA has not yet given any authorized printer approval to print the new 4-copy manifest forms. As an authorized printer of the hazardous waste manifest forms, J. J. Keller & Associates, Inc. is working closely with EPA for approval to print the new 4-copy forms.
Users need Certifier permission on the e-Manifest module or Site Manager permission on the RCRA Information (RCRAInfo) Industry Application to submit manifests.
Compliance check:
☑ Begin to use the 4-copy manifests and continuation sheets as soon as they’re made available.
☑ Ensure that at least one user has Certifier or Site Manager permission.
Submit export manifests and related fees to e-Manifest
As of December 1, 2025, domestic hazardous waste exporters must submit all export manifests and continuation sheets (paper and electronic) to the e-Manifest system and pay the associated user fees.
An exporter is considered any entity that originates a manifest to export a hazardous waste shipment. This includes generators; transporters; treatment, storage, and disposal facilities; and recognized traders.
EPA will invoice exporters monthly for the manifest activities conducted during the previous month. The agency applies a fee per manifest, and the amount varies based on the type of submission (scanned image upload, data and image upload, or fully/hybrid electronic manifest).
Only individuals with Site Manager permission on RCRAInfo can pay manifest fees.
Compliance check:
☑ Prepare to use the e-Manifest system for export manifests and pay user fees.
☑ Verify that at least one person has Site Manager permission.
Submit manifest-related reports to e-Manifest
The Third Rule requires hazardous waste handlers to submit all Discrepancy, Exception, and Unmanifested Waste Reports to the e-Manifest system starting on December 1, 2025.
Generators submit Exception Reports, and receiving facilities submit Discrepancy and Unmanifested Waste Reports. No fees apply.
To submit the manifest-related reports to the e-Manifest system, users require Certifier permission for the module.
Compliance check:
☑ Be ready to submit manifest-related reports to the e-Manifest system.
☑ Confirm that at least one user has Certifier permission.
Send manifest copies to exporters
Beginning on December 1, 2025, entities that transport hazardous waste export shipments out of the U.S. (i.e., last transporters) have to send a signed copy of the manifest and continuation sheet to the exporter instead of the generator.
Further, the Third Rule clarifies that starting on December 1, 2025, transporters can use the e-Manifest system to export hazardous waste and send exporters copies of the signed manifest and continuation sheet. Transporters planning to do so need to set up a RCRAInfo account to use the e-Manifest system and assign Certifier permission to the user(s) who will submit the manifests.
Compliance check:
☑ Plan to send signed copies of the manifest and continuation sheet to the exporter.
☑ If applicable, register an account on RCRAInfo, and ensure at least one user has Certifier permission.
Use e-Manifest resources for additional help
EPA has multiple resources to help regulated hazardous waste handlers comply with e-Manifest regulations, including the upcoming Third Rule’s requirements that take effect on December 1, 2025. Consider using the resources the agency provides on “The Hazardous Waste Electronic Manifest (e-Manifest) System” website, such as:
- Webinars,
- Demonstration videos,
- General and user-specific FAQs about the e-Manifest program, and
- The e-Manifest Helpdesk for industry users.
The compliance checklist and e-Manifest resources can help you ensure that your facility will be ready to comply with the rest of the Third Rule’s requirements by December.
Key to remember: The remaining e-Manifest Third Rule requirements take effect on December 1, 2025. Facilities should confirm that they’re prepared to comply.
Keep reading...Show less
2025-09-12T05:00:00Z
NewsIndustry NewsAssociate RelationsEmployee RelationsEmployee RelationsHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishEmployee RetentionFocus AreaTalent Management & RecruitingHuman Resources
Shifting from the ‘Great Resignation’ to the ‘Big Stay’
From 2020 through roughly 2024, large numbers of workers left their jobs in what became known as the “Great Resignation.” Now the pendulum has swung the other way, and the term being used to describe what’s happening in the labor force is the “Big Stay.”
The Big Stay is a trend of employees hanging on to their current jobs, reducing turnover and helping employers maintain a stable workforce.
Reasons for the Big Stay
Several factors are contributing to the Big Stay. In some career fields, there are hiring freezes, so the mobility of workers is limited. In other cases, workers who switched jobs or even careers during the Great Resignation years are now content to stay put because they found jobs for which they’re better suited.
Their moves may have resulted in significant pay raises or favorable lifestyle upgrades like shorter (or no) commutes, greater flexibility in work hours, or better benefits.
How the Big Stay benefits employers
Reduced turnover means lower costs for an employer. Turnover costs typically consist of:
- Costs to terminate (e.g., vacation payout, benefits administration, etc.),
- Costs to hire (e.g., advertising, job board fees, recruiter fees, background checks, hiring manager time, etc.),
- Vacancy costs (e.g., lost productivity, paying overtime to remaining employees, etc.), and
- Learning curve costs (e.g., knowledge gap until a new employee is fully trained and up to speed).
The Conference Board, a nonprofit think tank and business membership organization, calculated the cost of employee turnover in 2025 at $229,073 per exiting employee.
That means the Big Stay is saving employers money that would have been spent on recruiting and onboarding, but that’s not the only benefit. The Big Stay also means the collective experience of a company’s workforce is greater, which can increase productivity and ingenuity.
How to keep the Big Stay going strong
Just because employees aren’t currently job hunting doesn’t mean employers can ignore them. One reason employees choose to stay with an employer is because they:
- Believe they are valued and treated fairly,
- Have the tools and knowledge to do the job,
- Feel like they are contributing something meaningful,
- Experience positive work relationships,
- Are a part of a strong company culture, and
- See development opportunities for themselves.
To strengthen these beliefs among workers, at least some of the recouped recruitment and onboarding costs must be invested in employee engagement and development.
Resources can be redirected into:
- Training,
- Teambuilding activities,
- Internal mobility efforts,
- Career coaching,
- Mentoring programs, and
- Well-being initiatives.
The goal is to turn what may be a worker’s temporary decision to stay into true engagement by limiting the employee’s sense that they’re at risk of missing opportunities elsewhere.
Employees who feel valued and see clear career paths within an organization won’t just stay longer but will also be enthusiastic, productive, and loyal.
Key to remember: The labor force has switched gears from the Great Resignation to the Big Stay. Employers can benefit from having employees sticking around longer, but the level of benefit realized depends on how much employers put back into developing the talent of employees and strengthening the company culture.
Keep reading...Show less
2025-09-12T05:00:00Z
NewsDrug and Alcohol TestingIndustry NewsDrug and Alcohol TestingFleet SafetyDriver qualificationsDrivers qualification (DQ file)Annual MVR reviewDriver qualification and hiringFocus AreaIn-Depth ArticleEnglishTransportationUSA
4 risky driver scenarios—and how to avoid disqualification
Commercial motor vehicle (CMV) drivers must meet strict qualification rules. A disqualified driver operating a CMV can lead to serious problems like:
- Out-of-service violations along with fines and stranded assets,
- Compliance, Safety, Accountability (CSA) Driver Fitness score damage, and
- Excessive judgments if a crash occurs.
4 scenarios and best practices
The four disqualification scenarios below are quite common, but the recommended best practices can help avoid them.
1. Expired medical certifications
Drivers must carry a valid medical certificate or have the certification on their motor vehicle record (MVR) in the case of drivers holding a Commercial Driver’s License (CDL). If the certification expires, the driver cannot operate any CMV.
Examples of when medical certifications may expire include:
- The medical exam was not scheduled early enough to allow for examiner-required tests or input from a specialist, which may impact a certification decision. An examiner cannot extend an expiration date for any reason.
- CDL driver exam information may not transfer to their state licensing authority in a timely manner and the MVR will show “Not-certified” if the problems are not resolved before the expiration date.
Best practices:
1. Track in a fleet management system, all driver medical certification expiration dates and verify that each medical exam is scheduled with sufficient time prior to expiration.
2. Use continuous MVR monitoring to receive alerts on driver licensing status changes.
2. Suspended or revoked CDLs
A licensing authority can suspend or revoke a commercial driver’s license (CDL) for reasons like driving under the influence (DUI) in a person vehicle or unpaid child support. If the carrier doesn’t monitor a driver’s MVR more than the minimum of once per year, the driver may lose CDL privileges or any ability to operate vehicles without their company being aware.
Best practices:
1. Use continuous MVR monitoring to receive alerts on driver licensing status changes.
2. Implement a company policy requiring drivers to immediately notify the company of any moving violation or warning, in addition to convictions.
3. Missed drug and alcohol tests
CDL-vehicle drivers must be part of a Department of Transportation (DOT) drug and alcohol testing program. This includes pre-employment, random, and post-accident testing. A top acute (most serious) DOT audit violation each year is issued to carriers not having a DOT testing program. The DOT requires a testing program for any carrier operating CDL vehicles in intrastate or interstate commerce.
Best practices:
1. Hire a third party to provide compliance guidance on the applicability of safety regulations, and
2. Outsource the management of any DOT drug and alcohol testing and Clearinghouse requirements.
4. Failed English Language Proficiency (ELP) assessments
At hire, carriers must verify that CMV drivers are able to read and speak the English language well enough to:
1. Interact with enforcement officers,
2. Complete forms, and
3. Understand road signs.
Since June 25, 2025, during a roadside inspection, enforcement can conduct a two-step assessment of ELP. Officers can place a driver out-of-service, disqualifying them, if the driver cannot answer basic questions or recognize road signs.
Best practice:
1. Assess all driver applicants by simulating a roadside inspection as the last step of the road test process.
Key to remember: Closely monitor driver qualifications with best practices that exceed regulatory minimums.
Keep reading...Show less
2025-09-11T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
FMLA eligibility lasts the year, but denials don’t
To take leave under the federal Family and Medical Leave Act (FMLA), employees have to work for covered employers and also meet three eligibility criteria. They must:
- Have worked for their employer for at least 12 months (need not be consecutive),
- Have worked at least 1,250 hours in the 12 months before the leave begins, and
- Work at a location with at least 50 company employees within 75 miles.
Eligibility remains intact
Once an employee meets these three criteria for a particular reason, their eligibility lasts for the duration of the entire 12-month leave year period. Employers don’t need to reassess an employee’s eligibility during that timeframe for that leave reason.
If, however, that same employee needed leave for a different qualifying reason, then employers would reassess whether the employee met the eligibility criteria.
This can result in employees being eligible to take FMLA leave for one qualifying reason, but not another.
FMLA denials don’t remain intact
On the flip side, once employers deny an employee’s leave because the employee didn’t meet the eligibility criteria, employers must reassess that denial once the employee meets the eligibility criteria. The denial doesn’t remain intact for the duration of the 12-month leave year.
If, after not meeting the eligibility criteria, an employee does meet it, regardless of when that happens in the 12-month leave year period, the employee will be eligible to take FMLA leave for a qualifying reason. Employers would need to designate any leave taken after an employee meets the eligibility criteria as FMLA leave.
An employee might, for example, be on non-FMLA leave when they meet the 12-month eligibility criterion. In that situation, any leave taken after the employee meets the 12-months worked threshold would be FMLA leave. The same would be true for the 1,250-hours worked threshold.
Rolling backward challenges
For employers that use the rolling backward method to calculate the 12-month leave year period, an employee’s eligibility for leave for a particular reason would continue for 12 months from the date of the first FMLA absence for the condition.
When a new leave year begins
Regardless of which method employers use to calculate the 12-month leave year, they would recalculate an employee’s eligibility when the employee asked for leave for the first time in a new 12-month leave year.
Key to remember: If employers deny FMLA leave because employees didn’t meet the eligibility criteria, they have to reassess eligibility once employees meet the criteria; the denial doesn’t automatically remain intact. Eligibility, once met, however, doesn’t change for a particular leave reason.
Keep reading...Show less
2025-09-11T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyAnnual inspections - Motor CarrierHazmat: HighwayFocus AreaUSAHazmat EnforcementEnglishTransportationCMV Inspections
5 days, over 4,600 vehicle inspections
This year's annual unannounced five-day hazardous materials/dangerous goods (HM/DG) inspection and enforcement blitz took place from June 9-13, 2025, resulting in 4,629 inspections. The Commercial Vehicle Safety Alliance (CVSA) inspection event involves having specially trained officers inspect commercial motor vehicles transporting HM/DG for regulatory compliance and placing decals on vehicles without any critical vehicle/cargo tank violations.
For the 2025 inspection, 831 CVSA decals were placed on vehicles, indicating no critical violations. Conversely, inspectors identified 1,169 HM/DG violations, with 51 percent of those (598) having out-of-service violations. These vehicles were banned from further travel until corrected.
HM/DG Road Blitz goals
The goals of CVSA’s unannounced annual HM/DG Road Blitz include:
- Inspecting vehicles transporting HM/DG for regulatory compliance and identifying compliance violations.
- Removing vehicles with HM/DG out-of-service violations.
- Attaching a decal to vehicles/vehicle combinations without critical inspection violations.
- Recognizing compliant drivers, carriers, shippers, etc.
- Highlighting the importance of the programs associated with safe HM/DG transportation, as well as the specially trained inspectors who focus on HM/DG safety and compliance.
Road Blitz results
During the five-day inspection event, inspectors discovered:
- 16 undeclared packages in the U.S.,
- 35 U.S. drivers with missing copies of their Pipeline and Hazardous Materials Safety Administration (PHMSA) registration,
- 70 U.S. drivers without emergency response information in the vehicle,
- 32 Canadian emergency response assistance violations,
- 61 Canadian TDG training certification violations (64 percent of which placed drivers out of service), and
- Out-of-service violations in both countries for loading and securement and package integrity (leaking packages).
What makes HM/DG different
Transporting HM/DG requires drivers to undergo serious training thanks to heightened compliance requirements that keep carriers, drivers, the environment, and the public safe. Inspectors look for leaking materials or unsecured cargo, as well as verify shipping paper, packing and loading, labeling, placarding, and marking compliance.
In the U.S., HM refers to any “substance or material that poses an unreasonable risk to health, safety, and property when transported in commerce.” HM is also designated as hazardous under Section 5103 of Federal Hazardous Material Transportation Law. In the U.S., carriers and drivers involved with transporting HM comply with the Hazardous Materials Regulations (HMR), while those in Canada follow the Transportation of Dangerous Good (TDG) Regulations.
There are nine classes of recognized HM/DG, each placed into categories based on the chemical and physical properties of the material, along with the associated risks. There were 7,294 Class 1-9 packages inspected during the event.
Find the full report with more detailed information at https://cvsa.org/news/2025-hm-dg-road-blitz-results/.
Keep reading...Show less
Search all news
Did You Know You Can Ask Unlimited Questions to Our Compliance Experts?
Get answers to your most puzzling compliance questions from the industry’s top experts!
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.