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FEATURED NEWS
2026-04-29T05:00:00Z
NewsIndustry NewsIndustry NewsSafety & HealthMaritime SafetySpecialized IndustriesMarine Terminal OperationsEnglishFocus AreaUSA
OSHA extinguishes Open Fires in Marine Terminals standard
On April 28, OSHA revoked its Open Fires in Marine Terminals standard at 1917.21 after determining that the standard is no longer necessary to protect marine terminal employees from occupational safety and health hazards. The standard prohibited open fires and fires in drums or similar containers. OSHA stated that since this is no longer typical practice, removing 1917.21 would lessen the compliance burden without compromising worker safety.
The agency noted that containerization and technological advancements in the marine terminals industry have reduced employees’ exposure to the elements. If exposure occurs, employees can wear heated jackets, which were unavailable when the Open Fires standard was first issued in 1983.
RECENT INDUSTRY HIGHLIGHTS
2026-04-29T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
Employer fires employee who asked for FMLA and wins its case
Angie received generally positive feedback for her work until Brenda, a new supervisor, took over in August 2020. Within months, Angie claimed she started to receive unfounded criticism and oversight at work.
In January 2021, Brenda put Angie on a performance improvement plan (PIP). When the PIP ended, Brenda told Angie that she wasn’t successful in making improvements and suspended Angie for 1 day.
On June 2, Angie took leave under the federal Family and Medical Leave Act (FMLA). When she returned on June 23, things changed:
- Her supervisory responsibilities had shifted to the new manager,
- A project she had been working on was placed on hold, and
- She was assigned to work on a different project.
In early July, the employer suspended Angie for 5 days as a result of a post-PIP meeting between Angie, Brenda, and HR regarding her job performance.
In August, Angie gave two project-related presentations that didn’t go well. In September, Brenda put Angie on administrative leave and told her that the company intended to terminate her.
On November 4, Brenda put Angie on administrative leave. On November 12, Angie asked for FMLA leave again, but the employer denied it because of its termination decision. Angie’s last day of work was November 22, 2021.
Employee sues
Angie sued, claiming that the employer violated her FMLA rights; that the leave constituted a ‘negative factor’ in the employer’s termination decision.
The employer argued that the brief time between Angie’s second leave request in November and the termination wasn’t enough, by itself, to be FMLA interference. It also argued that it had substantial evidence that Angie’s termination was in the works long before her November FMLA leave request.
The court rules
The court agreed with the employer. By the time Angie submitted her second FMLA leave request in November, she had already been subject to a PIP, been suspended twice, met with her supervisors at least twice regarding her work performance, been placed on administrative leave, and been informed of the company’s intent to terminate her.
Tomlinson v. City of Portland, District of Oregon, No. 23-cv-188, April 26, 2026.
Key to remember: When an employer has strong documented evidence of an employee’s poor job performance, it can help overcome a claim that it violated the FLMA.
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2026-04-29T05:00:00Z
NewsVirginiaFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)Time offHR ManagementEnglishLeaveAssociate Benefits & CompensationMilitary LeaveChange NoticesChange NoticeHR GeneralistAssociate RelationsFocus AreaHuman Resources
Virginia passes new paid leave law
Effective dates: April 1, 2028, and December 1, 2028
This applies to: Employers with employees in Virginia
Description of change: On April 22, 2026, the Virginia General Assembly accepted the Governor’s amendments to legislation creating Virginia’s new paid family and medical leave program. The program will be funded by both workers and employers, similar to unemployment insurance. Employees may take up to 12 weeks of paid leave in a benefit year, which is the period of 52 calendar weeks beginning on the start date of leave.
Funding for the program is provided through premiums assessed to employers and employees, beginning April 1, 2028. Employers with more than 10 employees must contribute 50 percent of the premiums. Paid leave benefits begin being paid out on December 1, 2028.
The amount of a benefit is 80 percent of the employee's average weekly net earnings, not to exceed 100 percent of the statewide average weekly net earnings. This amount will be adjusted annually to reflect changes in the statewide average weekly wage.
Employees may take the paid leave for the following reasons:
- Caring for (bonding with) a new child from birth, adoption, or foster care placement;
- To care for a family member with a serious health condition;
- The employee’s own serious health condition;
- To care for a covered service member who is the covered individual's next of kin or other family member;
- Because of a qualifying exigency leave caused by a family member’s military duty; or
- To obtain safety services for the employee or a family member. Employees may take up to 4 weeks of leave to seek safety services in a benefit year.
Family members include a child, grandchild, grandparent, parent, sibling, spouse, or domestic partner of an employee, including those with step, foster, or adopted relationships, and includes someone who:
- Regularly resides in the employee's home or where the relationship creates an expectation that the employee cares for such individual, and
- Depends on the employee for care.
Employees may take the paid leave continuously or on an intermittent or reduced leave schedule. Employers must maintain group health care coverage during the leave.
Employees who have worked at least 120 days before leave are entitled to job protection.
Employees will apply for the benefits through the Virginia Employment Commission, but the leave may run concurrently with leave under the federal Family and Medical Leave Act (FMLA).
Employers must post a related notice and provide employees with written notice of the law upon hire, annually, and when an employee requests leave.
Employees must give their employer notice of the leave as soon as practicable.
View related state info: FMLA - Virginia
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2026-04-28T05:00:00Z
NewsEmployee RelationsIn-Depth ArticlePrivacy and Data SecurityEnglishPrivacy and Data SecurityHR ManagementHuman ResourcesIndustry NewsEmployee BenefitsEmployee BenefitsEmployee RelationsHR GeneralistAssociate RelationsFocus AreaUSA
Your employees are not Fido. Don’t microchip them, at least in some states
People with pets are familiar with the practice of microchipping their fuzzy family members to help find them if they wander off. Microchips have information regarding the pet’s owner, whereby if found, the pet can be returned home.
What’s this got to do with employers? Apparently, some employers have been thinking about microchipping their employees. Employers tout them as a convenience, as these tiny devices serve as swipe keys, credit cards, and more.
While this might sound a bit far-fetched, some states didn’t think so and enacted laws prohibiting employers from microchipping employees.
On March 11, 2026, Washington Gov. Bob Ferguson signed HB2303 into law, adding the state to the list of other states that have related laws, such as Arkansas, California, Missouri, Montana, Nevada, New Hampshire, North Dakota, Oklahoma, Utah, Wisconsin, Indiana, Alabama, and Mississippi.
Washington law
Effective June 11, 2026, all employers in Washington may not request, require, or coerce any employee or job applicant to have a microchip implanted for any reason.
Applicants or employees who are subject to a violation of the law may bring a civil action in court. The court may award the employee:
- Injunctive relief,
- Actual damages,
- Punitive damages, or
- Money to cover attorneys' fees and related costs.
Under the Washington law, the term "microchip" doesn’t include implanted devices used to diagnose, monitor, treat, or prevent a health condition. Employers generally wouldn’t go down this road.
Pass the chips
According to the Carnegie Council for Ethics in International Affairs, more than 50,000 people all over the world have chosen to have microchips implanted.
Nevada law goes beyond prohibiting employers from microchipping employees. Others who may not require microchipping include:
- Officers or employees of the state or any political subdivision thereof,
- A person licensed to sell or provide insurance, and
- A person licensed to participate in a business related to bail.
In 2017, a Wisconsin technology company offered voluntary microchipping to employees, and many took the employer up on the offer. Employees can use the chip to access the facilities, log into their computers, and even buy food from vending machines.
Key to remember: Employers who might be wondering if they might benefit from microchipping employees must tread carefully.
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2026-04-28T05:00:00Z
NewsSafety & HealthChange NoticesChange NoticeMaritime SafetyOccupational Safety and Health Administration (OSHA), DOLSpecialized IndustriesMarine Terminal OperationsEnglishFocus AreaUSA
OSHA Final Rule: Open Fires in Marine Terminals
OSHA is finalizing the revocation of the agency's Open Fires in Marine Terminals Standard.
DATES:
The final rule is effective April 28, 2026. Published in the Federal Register Apr. 28, 2026, page 22723.
View final rule.
| PART 1917—Marine Terminals | ||
| Authority | Revised | View Text |
| §1917.21 Open Fires. | ||
| Entire section | Removed and reserved | View Text |
Previous Text
PART 1917—Marine Terminals
Authority: 33 U.S.C. 941; 29 U.S.C.
653, 655, 657; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
Section 1917.28 also issued under 5 U.S.C. 553.
Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C. 553.
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2026-04-28T05:00:00Z
NewsHazardous WasteIndustry NewsWaste GeneratorsWaste ManifestsWaste/HazWasteWaste HandlersWasteEnvironmental Protection Agency (EPA)TSD FacilitiesEnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
Hazardous waste manifests: Hybrid vs. fully electronic
More industries are embracing the exclusive use of electronic platforms. For example, digital payments are replacing cash, news sites are going fully online, and cloud storage is eclipsing external computer storage. And, based on recent proposed rulemaking, hazardous waste manifests may join the list.
The Environmental Protection Agency (EPA) proposed the Paper Manifest Sunset Rule in March 2026, planning to shift to electronic-only manifests for tracking hazardous waste that’s regulated by the Resource Conservation and Recovery Act (RCRA).
If the proposed rule is finalized, regulated entities will have to track all hazardous waste shipments electronically. Specifically, generators, transporters, and receiving facilities could only use hybrid or fully electronic manifests on the Hazardous Waste Electronic Manifest System (e-Manifest).
So, what are the differences between hybrid and fully electronic manifests? Let’s compare the distinctions and explore some of the benefits that electronic manifests can offer.
What’s a hybrid manifest?
EPA initially established the hybrid manifest for generators that couldn’t fully participate in electronic manifests when the e-Manifest launched in 2018. The hybrid manifest combines paper and electronic manifests, allowing generators that aren’t registered in e-Manifest or don’t have an EPA identification (ID) number to sign printed copies of electronic manifests.
Here’s the general hybrid manifest process:
- The first transporter initiates an electronic manifest in e-Manifest. A hard copy of the electronic manifest is printed out, and the generator and initial transporter sign the paper copy.
- The generator keeps a signed paper copy on-site. The transporter keeps a signed paper copy with the shipment until it’s delivered to the receiving facility.
- From that point forward, the initial transporter and all subsequent waste handlers track the shipment in e-Manifest (using electronic signatures and electronic transmissions).
- The manifest is complete when the receiving facility or exporter electronically signs it on e-Manifest.
What’s a fully electronic manifest?
The fully electronic manifest is tracked completely online. All handlers — generators, transporters, and receiving facilities or exporters — must have an EPA ID number and be registered in e-Manifest to use the fully electronic manifest.
The entire process is conducted on e-Manifest:
- The manifest is created electronically in e-Manifest.
- All handlers electronically sign the manifest in e-Manifest.
- The manifest is complete when the receiving facility or exporter electronically signs it on e-Manifest.
What benefits do electronic manifests offer?
Regardless of whether EPA’s rule is finalized as is, electronic manifests offer hazardous waste handlers a range of benefits. Consider the following potential perks.
Compliance with existing regulations
Many handlers are already required to embrace electronic manifesting. In July 2024, EPA finalized the e-Manifest Third Rule, which requires:
- Large quantity generators and small quantity generators to register for e-Manifest,
- Exporters to submit manifests and continuation sheets to e-Manifest (and pay the associated fees), and
- Waste handlers to submit manifest-related reports and data corrections to e-Manifest.
Streamlined recordkeeping for generators
Hazardous waste handlers using e-Manifest automatically meet the recordkeeping requirements to maintain records of manifests (paper or electronic) since the manifests are retained electronically in the system.
This eliminates the need to keep hard copies. It also provides a centralized place where handlers can access these documents at any time.
However, the provision doesn’t apply to generators using hybrid manifests; they must keep the initial paper copies of the electronic manifest for 3 years.
Reduced costs
Embracing electronic manifesting removes the costs associated with printing paper manifests from EPA-approved sources.
Keep in mind, there’s an unavoidable cost for receiving facilities and exporters. These entities have to pay user fees for each manifest they submit to e-Manifest.
Proactive preparation
EPA’s proposed Paper Manifest Sunset Rule would prohibit the use of paper manifests 2 years after the publication of a final rule. Hazardous waste handlers who transition to using only electronic manifests now will be better prepared to comply with future regulations. It gives businesses time to coordinate resources and address any unexpected issues.
Key to remember: Do you know the differences between hybrid and fully electronic hazardous waste manifests? The distinctions could be the difference between compliance and noncompliance.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.