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
2025-02-04T06:00:00Z
NewsIndustry NewsWater PermittingWater ProgramsEnvironmental Protection Agency (EPA)Industrial WastewaterEnvironmentalIn-Depth ArticleWater QualityStormwaterEnglishFocus AreaUSA
Industrial stormwater vs. wastewater discharge permits
The Environmental Protection Agency (EPA) controls the amount of pollutants that reach the waters of the United States through the National Pollutant Discharge Elimination System (NPDES) permit program. The NPDES program covers two types of discharges from industrial sources:
- Stormwater discharges, and
- Wastewater discharges.
Although they’re under the same federal permitting program, stormwater and wastewater discharges are distinct, and their permits are too. Know the basic differences between these types of industrial discharges to ensure your facility complies.
Stormwater discharges
Rain and snow that flow over land or impervious surfaces (like building rooftops and parking lots) and don’t soak into the ground generate stormwater runoff. The runoff can gather pollutants generated by industrial activities at a facility and transport them into nearby waterbodies. Your facility must have a permit to discharge stormwater associated with industrial activities to waters of the United States (40 CFR 122.26).
The NPDES program regulates stormwater discharges from 11 categories of industrial activities, listed at 122.26(b)(14). Examples of covered activities include:
- Heavy manufacturing at chemical plants;
- Treating, storing, and disposing of hazardous waste; and
- Processing industrial wastes at landfills.
Note, however, that construction sites that disturb 5 or more acres (the tenth category) are permitted individually.
The permit contains stormwater control measures (including “best management practices”) to limit pollutants that enter stormwater runoff. Containment systems, employee training, and infiltration devices are all ways to control runoff.
Most states issue industrial stormwater discharge permits. EPA issues individual permits and the Multi-Sector General Permits (MSGPs) to facilities where the agency serves as the permitting authority. The MSGP is EPA’s general permit for industrial stormwater discharges.
Wastewater discharges
Many industrial processes use or generate water that contains pollutants, referred to as industrial wastewater. There are two types of wastewater:
- Process wastewater (defined at 122.2) refers to water used in manufacturing or processing activities.
- Non-process wastewater refers to water used for activities other than processing products (e.g., sanitary wastewater).
Your facility must have a permit to discharge industrial wastewater to surface waters (122.21(a)).
The NPDES program regulates direct wastewater discharges from industrial sources through rules based on the type of facility and activity. The regulations also have industry-specific requirements for:
- Animal Feeding Operations,
- Mining,
- Oil and Gas,
- Pesticide Applications, and
- Vessels Incidental Discharges.
Effluent limitations are the primary control method for industrial wastewater discharges. EPA establishes Effluent Limitations Guidelines (ELGs) for industrial categories and subcategories. These pollution-reduction performance standards are based on the best available technology that’s economically achievable by facilities in the industry. The ELGs are then incorporated into the permits through effluent limitations.
Additionally, industrial facilities must meet water quality-based effluent limitations when the technology-based standards don’t achieve the required standards for water quality. Both industrial stormwater and wastewater discharge permits may include technology- and water quality-based effluent limitations.
As with stormwater permits, most states issue industrial wastewater permits. Facilities in areas where EPA is the permitting authority must obtain either a general or individual NPDES permit.
Check your state requirements!
Because a majority of the states run stormwater and wastewater permitting programs, it’s crucial to check the state regulations. State permits must contain limits as stringent as EPA’s federal permits, and some states may impose stricter limits and/or additional requirements.
EPA’s website lists the states authorized to issue NPDES permits with links to the state agencies that run the NPDES program.
Key to remember: Industrial stormwater and wastewater discharges, and the permits that regulate them, are different.
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RECENT INDUSTRY HIGHLIGHTS
2025-02-04T06:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyFire Protection and PreventionIn-Depth ArticleEnglishFire Protection and PreventionFocus AreaUSA
7 tips to avoid hot work and reduce your risk of fires
Fires and explosions kill over 100 workers and injure more than 5,000 others every year, according to the Bureau of Labor Statistics.
Construction sites, in particular, are inherently prone to fire risk, especially due to the volume of hot work and welding that takes place. However, hot work often takes place in general industries as well, and all worksites can face fire risks.
With pre-job planning and prevention through design, you may be able to eliminate fire hazards or substitute your current methods for safer work practices.
Here are seven hot work alternatives for you to consider that may help you reduce your risk of fires.
1. Use new steel blades instead of chop saws and fiber blades
Chop saws with fiber blades generate significant heat, friction, and sparks, which can easily ignite combustible materials nearby. New steel blades are designed to cut through metal more efficiently while producing fewer sparks and reducing the overall fire risk.
2. Use sawzall blades instead of metal grinders
Metal grinders create high temperatures and flying sparks that can quickly lead to fires, especially in areas with flammable dust, liquids, or insulation. Reciprocating saw blades, or sawzall blades, offer a controlled cutting method that significantly minimizes heat and spark production. By reducing the likelihood of airborne embers, reciprocating saw blades can help reduce your risk of fire.
3. Use electric shears to cut metal decking instead of circular saws
Circular saws generate intense friction and can produce hot metal shavings that scatter and land on combustible surfaces. Electric shears, on the other hand, cut metal decking cleanly without generating sparks or excessive heat, making them a safer option for fire prevention.
4. Use a band saw to cut pipe to eliminate sparks
Using a band saw instead of traditional cutting tools like torches or abrasive wheels eliminates the risk of hot metal fragments flying into surrounding materials. Band saws produce a smooth, controlled cut with minimal heat buildup, significantly reducing the risk of fire. This method can be used on pipe, rebar, or all thread and is especially beneficial in enclosed spaces where ventilation is limited and fire risks are higher.
5. Use pro-press fittings instead of solder pipe
Soldering pipes requires an open flame or high heat, creating a major fire hazard, especially in tight spaces with combustible materials. Pro-press fittings offer a flameless solution by using a mechanical press to create a secure, leak-proof seal without the need for heat. This method not only improves fire safety but also speeds up installation time and reduces the need for fire watches.
6. Use pro-fit connections instead of brazing HVAC lines
Brazing HVAC lines involves heating metal joints with a torch, which can ignite nearby materials and require extensive fire safety precautions. Pro-fit connections provide a flame-free alternative that uses mechanical compression, reducing both fire hazards and the need for additional permits or fire watches.
7. Use shot fasteners instead of puddle-welding metal decking
Puddle welding generates extreme heat and molten metal, creating a significant fire risk, especially in areas with flammable debris or insulation. Shot fasteners provide a secure connection for metal decking without requiring welding, making them a safer and more efficient alternative.
Additional considerations
While these hot work alternatives may not be an option for all job sites, they are worth considering. These alternatives can be safer, more efficient, and in some cases, more cost effective. But in some situations, they could add more time to the job and could introduce risk if workers are not familiar with the tools. Training is critical for any new tool.
However, over time, these hot work alternatives could be the best option for reducing your risk of fires from hot work activities.
Key to remember: You can reduce your risk of fires by implementing hot work alternatives with pre-job planning and prevention through design.
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2025-02-04T06:00:00Z
NewsTraining & DevelopmentUSAHR ManagementEnglishTalent Management & RecruitingAssociate Benefits & CompensationDiscriminationIndustry NewsDiscriminationIndustry NewsAffirmative ActionProtected classesHR GeneralistFocus AreaLabor Law PostersLabor Law PostersAssociate RelationsExecutive Order 11246Human Resources
EEOC reveals plans to address gender identity discrimination in the workplace
On January 29, Andrea Lucas, newly appointed Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), issued a memo addressing how the EEOC plans to approach gender identity discrimination in the workplace. Lucas says the agency will change course from the previous administration’s position on gender identities and will implement narrower definitions and policies.
EEOC aligns with new administration
The EEOC’s plans align with Executive Order (EO) 14166, signed on January 20. The EO, among other things, directs federal agencies to recognize men and women as having biologically distinct sexes. It instructs agencies to remove all statements, policies, regulations, forms, and communications discussing any concept of gender other than male and female. The EEOC’s press release echoes this same approach to gender, stating that the agency will “defend the biological and binary reality of sex and related rights.”
The EEOC also:
- Began reviewing the “Know Your Rights” poster, which all covered employers are required by law to post in their workplaces,
- Stopped using the “X” (i.e., non-binary) gender marker during the intake process when someone files a charge of discrimination,
- Removed “Mx.” (i.e., a gender-neutral prefix) from the list of prefix options on certain EEOC forms, and
- Removed materials addressing non-binary genders on the EEOC’s internal and external websites and documents, including webpages, statements, social media platforms, forms, trainings, and others.
These changes may suggest the agency will handle incoming claims of gender discrimination differently than they have for the past few years. The press release also signaled that the agency might place additional focus on bathrooms and other facilities.
Employers should keep in mind that many states have their own gender identity protections and privacy that employers must still follow, regardless of EEOC policy changes.
What happens next
The EEOC operates by a majority vote in certain situations. This means that Lucas alone cannot remove or modify some gender identity-related documents subject to the president’s directives in the executive order. This includes, for example, the EEOC’s Enforcement Guidance on Harassment in the Workplace that was issued by a 3-2 vote in 2024.
Changes to items like these would require a vote from at least three members of the EEOC, which is usually made up of five commissioners. Currently, the group is down to two commissioners, meaning the EEOC is in a holding pattern when it comes to removing or modifying documents, issuing rules, providing legal guidance to employers, or pursuing litigation.
In addition to conflicting guidance, this uncertainty means that employers can likely expect delays if they need to reach out to the EEOC for assistance on employment matters.
Key to remember: An EEOC press release reveals a narrower approach to gender identity, shedding some light on how the agency might respond to discrimination complaints in the future. For now, employers may not need to take any action but should be aware of the conflicting guidance at the federal and state levels.
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2025-02-03T06:00:00Z
NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTEntry-Level driver trainingEntry-level driver trainingFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
ELDT at three: Progress, challenges, and the road ahead
February 7, 2025, marks three years since the implementation of the entry-level driver training (ELDT) regulations. Let's explore the current state, challenges faced, and future prospects of this regulatory requirement.
Current state: What’s required
An individual is required to successfully complete ELDT to:
- Obtain an initial Class A or Class B CDL;
- Upgrade from a Class B to Class A CDL; or
- Obtain an initial passenger, school bus, or hazardous materials endorsement.
Individuals must complete a course of theory and behind-the-wheel instruction, offered by an entity listed on the Federal Motor Carrier Safety Administration’s (FMCSA) Training Provider Registry (TPR). To be listed on the TPR, an entity must meet specific requirements related to everything from curriculum to facilities.
An individual must successfully complete this training and have proof of completion prior to taking the skills test for the new license or endorsement. In the case of the hazardous materials endorsement, which doesn’t require a skills test, proof of completion must be presented prior to taking the knowledge test.
Challenges faced: ELDT and the modified CDL skills test
One of the more confusing issues that has cropped up in the past year is the implementation of the modified CDL skills test by state driver licensing agencies. Many training providers incorrectly believe the modified CDL skills test has an impact on the ELDT requirements, when actually, the ELDT requirements and CDL skills testing are two separate issues.
The ELDT requirements are not changing, as they are intended to ensure an individual possesses the knowledge and skills needed to safely operate a commercial motor vehicle. They do not address, nor are they intended to directly address the CDL skills test.
What has changed is how state driver licensing agencies conduct the CDL skills test. All states are in the process of adopting a new “modernized CDL skills test.” The modernized test slims down the pre-trip inspection process and basic control portion of the skills test.
The ELDT requirements were never intended to "train for the test." Training that specifically addresses the test is something that may be done by a training provider, but this would be done in addition to ELDT.
Another challenge: The continued increase of providers on TPR
The number of schools and entities that have registered on the Federal Motor Carrier Safety Administration’s (FMCSA’s) Training Provider Registry (TPR) continues to grow.
As of January 30, 2025, there are 39,484 training providers listed on the TPR. This includes:
- 35,703 in-person providers;
- 1,810 online providers; and
- 1,971 traveling providers.
Of these 39,484 training providers, 8,075 offer ELDT to the public. This is an increase of just over 15 percent (15.3 percent) from 2024 to 2025.
Over the past two years (2023 to 2025), the overall number of training providers has grown by 36 percent.
This continued growth has some training providers, motor carriers, and the general public expressing concern, as under the current TPR registration system, ELDT providers self-certify that they meet the criteria to provide ELDT. Until recently, almost all applications were approved, as there was little verification of the information listed on the application.
The road ahead: Addressing concerns and the future
Over the past year, FMCSA started taking steps to address concerns related to the TPR, including:
- A stricter review of TPR applications;
- Posting lists of providers under review and providers removed from the TPR on the TPR website; and
- Working with state partners to ensure training providers listed on the TPR are meeting any applicable state-specific requirements, including registering as a training provider with the state.
It is expected that FMCSA will continue moving forward with these measures. The goal — ensuring those listed on the TPR are meeting regulatory requirements.
Key to remember: With the continued growth of ELDT providers on the TPR, scrutiny by FMCSA is expected to become more prevalent. Providers need to make sure they are following all regulatory requirements.
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2025-02-03T06:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyFire Protection and PreventionIn-Depth ArticleEnglishFire Protection and PreventionFocus AreaUSA
Make sure your fire doors close securely and are properly sealed
Did you know that a fire door gasket is designed to expand under heat, forming a seal around the door to keep smoke from entering the building? Although fire doors can be left open, they must close when a fire is detected so smoke and fire don’t travel into occupied spaces.
Malfunctioning fire doors are not only dangerous to occupants during a fire event, but the local fire marshal or OSHA could also cite your employer, or it can violate the terms and conditions of your company’s commercial liability policy. Fire protection safety is essential for your workplace.
Many aging buildings have outdated exit doors that may not keep occupants safe during a fire event. Although such doors may be grandfathered in until they’re replaced, employees’ safety may be at risk or worse, evacuation from occupied spaces may be hindered. OSHA states that fire doors should:
- Self-close during a fire event,
- Have approved hardware, and
- Not be blocked.
Employees must be able to open exit doors at all times without requiring special knowledge, tools, or keys. Exit discharge doors can have panic bars, but they can only lock from the outside. Consider using glow-in-the-dark arrows in your exit stairwell to direct workers to the exit discharge.
Fire Event
During a recent fire event, a worker was mixing a bonding agent (FX-792LPL). It was being mixed and cured in 5-gallon buckets to be discarded. There was CI-SLV, an epoxy resin blend, on the same pallet. Both the FX-792LPL and CI-SLV were in similar cans and require the same three-can mixing ratio — two part A’s to one part B.
The CI-SLV resin has a safe-pour depth. Generally, the depth of the mixture shouldn’t exceed the surface area. As the resin cures, it creates an exothermic reaction required for the resin to solidify and properly cure. This process generates heat that rises and dissipates. Heat transfer becomes problematic if the mixture is too deep, causing the epoxy resin to get too hot, bubble, and smoke. The fire exit door separating the office and warehouse didn’t close properly, allowing white smoke to enter the occupied office area.
Lessons Learned
The manufacturer’s instructions recommend using a “pail” for mixing. They don’t specify container types. But general literature available about mixing resins indicates plastic pails can be used. While they are convenient for clean-up, if resins are being mixed, there could be a fire hazard if too much resin is mixed because of the heat issue noted above. Metal pails are fine too. However, glass and/or foam containers shouldn’t be used to mix the resin.
Per an investigation, excessive smoke, bubbling of the CI-SLV, and heat were found. The employee mixing the mixture stated that he mistakenly grabbed the CI-SLV instead of the FX-792LPL. Employees must verify what is being mixed to avoid creating a fire hazard. Employees should also verify safe-pour depths of the chemicals being mixed and should receive regular fire protection training.
The fire door between the office and warehouse was repaired so it would close properly. The door’s gasket was replaced. Fire doors must close completely against the frame to create an effective seal to contain smoke during a fire event. As the gasket heats up, it expands, making the seal more effective. Remember to plan for fire safety needs at your workplace.
Do you have a question for our Compliance Experts? We encourage you to use Compliance Network’s Expert Help tool if you have safety or compliance questions. Ray Qureshi-Chishti and our team of Compliance Experts will respond within 24 business hours.
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2025-02-03T06:00:00Z
NewsEnforcement and Audits - OSHASafety and Health Programs and TrainingElectronic Reporting of Injury and Illness RecordsWhistleblower Protection ProgramWhistleblower Protection ProgramSafety and Health Programs and TrainingIn-Depth ArticleHazard CommunicationUSAEnglishIndustry NewsEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyHazard CommunicationFocus AreaInjury and Illness Recordkeeping
Just the facts! New OSHA pubs address lithium-ion batteries, workplace violence, more
OSHA issued several new fact sheets in the last few months, ranging from lithium-ion battery safety to workplace violence and more. These publications don’t create new regulations or obligations, but rather provide guidance and information on specific topics.
Lithium-ion battery safety
Lithium-ion batteries supply power to a variety of products we use every day, from smart phones to laptops to electric vehicles. An increase in manufacturing and industrial use of these batteries requires an understanding of the safety and health hazards they pose, and how to protect workers from those hazards.
OSHA’s fact sheet (OSHA FS 4480) is directed towards facilities that manufacture lithium-ion batteries, items that include installation of the batteries, energy storage facilities, and facilities that recycle lithium-ion batteries. It describes the battery’s components; potential, chemical, and safety hazards; safety by design; establishing a safety and health management system; hazard controls; training; OSHA standards; and consensus/industry standards and programs.
Workplace violence
Workplace violence is a growing concern for employers and employees nationwide. It can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths. Although there’s no OSHA standard that addresses workplace violence, the General Duty Clause of the Occupational Safety and Health (OSH) Act requires employers to provide employees a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm.
This fact sheet (OSHA FS 3509) explains who’s most vulnerable to workplace violence (e.g., lone workers, delivery drivers, visiting nurses, retail workers), what employers can do to help protect employees, how employees can protect themselves, and what employers should do following a workplace violence incident.
Safety in semiconductor manufacturing
Semiconductors are used in a range of devices we use every day, from personal computers to smartphones to cars. Due to rapid changes in the semiconductor industry, manufacturing processes and their associated hazards may change completely every few years, making hazard assessments challenging. Common hazards may include exposure to solvents, acid and caustic solutions, toxic metals, and radiation.
Safety in Semiconductor Manufacturing discusses the importance of establishing a safety and health management system, common industry hazards, hazard controls, training, EPA requirements and industry consensus standards, and OSHA standards.
Protecting personally identifiable information (PII)
Establishments that meet certain size and industry criteria must electronically submit case-specific injury and illness data from their OSHA 300 log to OSHA using the agency’s secure Injury Tracking Application (ITA). The data is used to analyze occupational injuries and illnesses and hazardous conditions in workplaces and is made available to the public.
OSHA minimizes the collection of workers’ PII (e.g., name, address, social security number, etc.) during this process and takes steps to ensure data protection. This fact sheet (OSHA 4388) explains what PII is, how establishments can avoid submitting PII through the ITA, and how OSHA protects worker privacy during the collection process.
Whistleblower protection
Employees may file a complaint with OSHA concerning a hazardous working condition at any time. Under the Occupational Safety and Health (OSH) Act, it’s illegal for employers to retaliate against employees who do so. This fact sheet (OSHA 3812) outlines employee protections and explains “adverse actions,” how to file a whistleblower complaint and the deadline for doing so, and what happens once OSHA investigates the claim.
Occupational safety and health for federal employees
Although private employers most often come to mind when we think of OSHA coverage, federal employees also are covered by OSHA regulations. This fact sheet (OSHA 4470) describes what Executive Branch agencies must do to protect the safety and health of federal employees, as well as federal employees’ rights and protections under OSHA.
Key to remember: Employers can look to OSHA’s newly published fact sheets for information and guidance on lithium-ion batteries, semiconductors, workplace violence, PII and whistleblower protections, and how OSHA applies to federal employees.
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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.