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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.
FEATURED NEWS
2025-12-30T06:00:00Z
NewsIndustry NewsAboveground Storage TanksEnvironmental Protection Agency (EPA)Oil Spill PreventionOil Spill PreventionEnvironmentalIn-Depth ArticleCWA ComplianceFocus AreaEnglishTank SystemsUSA
Aboveground storage tanks: SPCC integrity test FAQs
Integrity matters, especially when it’s the one factor standing between your aboveground storage container and the accidental release of thousands of gallons of oil. Consistently checking the structural soundness of aboveground storage tanks (ASTs) is vital to preventing spills and the potential related consequences.
Facilities covered by the Environmental Protection Agency’s (EPA’s) Spill Prevention, Control, and Countermeasure (SPCC) rule must inspect and test ASTs for integrity regularly. By comparing the test results, facilities can monitor changes in the condition of ASTs and determine whether it’s safe to keep using them.
Consider these FAQs about inspections and tests to help ensure your facility’s aboveground tanks are structurally sound.
What do industry standards have to do with integrity testing?
The answer in one word is everything. EPA’s SPCC rule requires facilities to regularly inspect and test ASTs in accordance with industry standards (40 CFR 112.8(c)(6)). The standards are technical guidelines that serve as the minimum practices accepted for inspections and tests.
The regulations require facilities to develop and implement an SPCC Plan to prevent, prepare for, and respond to oil spills. In the plan, facilities establish how they’ll conduct integrity inspections and tests for ASTs (referred to as bulk storage containers in the regulations). If your SPCC Plan states that the facility will use a specific industry standard for integrity inspections and tests, it must comply with all relevant parts of that standard.
In EPA’s Spill Prevention, Control and Countermeasure Plan (SPCC) Program Bulk Storage Container Inspection Fact Sheet, the agency references two industry standards frequently used for integrity inspections and tests:
- American Petroleum Institute (API) Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction; and
- Steel Tank Institute (STI) SP001, Standard for the Inspection of Aboveground Storage Tanks.
When should facilities conduct integrity tests?
EPA requires facilities to inspect or test ASTs for integrity:
- On a regular schedule, and
- Whenever you make material repairs.
Your facility must use industry standards to determine the types and frequency of inspections and tests needed. These considerations have to be based on the AST’s size, configuration, and design.
Who can conduct integrity tests?
Generally, industry standards mandate that certified individuals conduct integrity inspections and tests. The standards should describe the qualifications an individual must have to be considered certified. This may involve certifying individuals in your facility or hiring certified personnel.
What are the types of integrity inspections and testing?
The proper type of integrity inspection or test (which must be nondestructive) depends on the specific container and its configuration. Industry standards identify the type of inspection or test needed and may require using a combination of methods. Examples include:
- Acoustic emissions testing,
- Helium leak testing,
- Hydrostatic testing,
- Inert gas leak testing,
- Liquid penetrant examinations,
- Magnetic flux leakage scanning,
- Magnetic particle examinations,
- Radiographic testing,
- Ultrasonic testing,
- Ultrasonic thickness measurements,
- Vacuum box testing,
- Visual inspections, and
- Weld inspections.
Industry standards may require your facility to establish baseline conditions for ASTs that haven’t undergone integrity testing or where such information isn’t available (e.g., when a business purchases a facility with ASTs). The baseline evaluation determines the container’s metal thickness, corrosion rates, and likely remaining service. Facilities then compare the results of subsequent integrity inspections and tests with the baseline data.
What are the recordkeeping requirements?
The SPCC rule requires facilities to maintain integrity inspection and test records (namely, comparison records) for at least 3 years. These records must be signed by the supervisor or inspector and kept with the SPCC Plan. Consider maintaining these records for the life of the AST, especially since many industry standards recommend it.
What’s a hybrid inspection program?
Sometimes, an alternative inspection program may be more appropriate than using an industry standard. If your facility and a certified Professional Engineer (PE) determine this to be the case, you can implement an environmentally equivalent inspection program. The SPCC rule also allows some facilities to replace certain parts of an industry standard with environmentally equivalent approaches.
However, these hybrid (site-specific) programs have additional regulatory requirements. A facility with a hybrid inspection program must include in the SPCC Plan:
- A certification by the PE of the alternative program,
- An explanation of why the facility isn’t using industry standards,
- A comprehensive description of the alternative program, and
- A description of how the alternative provides the same environmental protection as the relevant industry standard.
What about state requirements?
State and local AST regulations must be at least as stringent as EPA’s requirements. However, some may require additional or stricter compliance obligations. Verify AST rules with the state environmental agency.
Key to remember: Industry standards determine how a facility conducts integrity inspections and tests on aboveground storage tanks.
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RECENT INDUSTRY HIGHLIGHTS
2025-12-30T06:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
Employer wins case despite not giving FMLA notices
Even if employers fail to give employees the required notices under the federal Family and Medical Leave Act (FMLA), they can still win a claim for firing an employee for poor job performance.
Case in point
Account Manager Patricia had been doing fine until 2020, when she took on more challenging accounts.
In October, Patricia’s daughter required surgery, so she requested time off from Adam, her supervisor. Adam told Patricia to take the time she needed.
Over the next three months, Patricia requested and took a total of 7.5 intermittent days off to care for her daughter. Neither Patricia nor Adam mentioned the FMLA, and Patricia’s time off wasn’t treated as FMLA leave. Patricia instead used some of her paid time off days.
Patricia’s job performance continued to suffer. She took a day off on February 12 to take her mother to a doctor’s appointment. Again, neither Patricia nor Adam mentioned the FMLA.
Scrutiny over a particularly difficult account made Patricia feel like she shouldn’t take much time off. Nobody, however, made negative comments about her taking time off or discouraged her from taking it.
Because of her poor job performance, the employer fired Patricia on February 24, 2021. Patricia sued the employer for violating her FMLA rights.
In court
Patricia argued that Adam discouraged her from taking more leave by subjecting her to undue scrutiny and criticism of her job performance after she requested leave. The court disagreed, saying that Patricia took all the leave she requested, and Adam’s comments didn’t mention her leave.
Patricia also argued that the employer interfered with her FMLA rights because it didn’t give her an FMLA eligibility/rights & responsibilities notice and a designation notice. The court disagreed with Patricia again, saying that failure to follow these notice requirements is interference only if an employee was prejudiced by this failure. Patricia, however, wasn’t prejudiced. She was granted all her requested leave.
Even though the employer fired Patricia only 12 days after she took leave, the court said that timing wasn’t enough. The employer had documented Patricia’s poor work performance even before she began taking leave.
Haran v. Orange Business Services, Second Circuit Court of Appeals, No. 24-2312, November 25, 2025.
Key to remember: Just because employers fail to give employees FMLA notices doesn’t always mean they will lose in court. Best practice, however, is to give the notices.
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2025-12-30T06:00:00Z
NewsIndustry NewsFleet SafetyDefensive drivingCMV drivingFocus AreaIn-Depth ArticleEnglishTransportationUSA
New year, new opportunity for your drivers to check in with their habits
Many people use the new year as an opportunity to start fresh. This looks different for everyone and can include setting new goals, changing habits, and more. These goals often include things like health and fitness goals, personal finance goals, and more. This year, consider asking your drivers to reflect on their habits and identify what they can improve upon. Here are a few common items for drivers to work on.
Trip Planning
Are your drivers planning their trips ahead of time? Do they check the route for potential adverse weather conditions, construction, and changes to traffic patterns? Do they look for truck stops along their route and plan their breaks out? If not, this is a great time to work some of those items into their daily routines.
Inspections
Do your drivers complete a thorough pretrip inspection before every shift? Are they continuing to inspect throughout the day, as well as upon finishing their days? Do they do the bare minimum to mark it as completed, or are they going above and beyond to ensure the vehicle is safe to drive?
Defensive Driving
Ask your drivers to reflect on their driving habits. Do they drive defensively? Are they maintaining a good following distance, eliminating distractions, and staying alert and ready to respond to the actions of other drivers?
Personal health and fitness
Health and wellness goals such as increased activity levels, prioritized sleep schedules, improved hygiene, and healthier diets can help drivers stay more alert while behind the wheel.
Start a new hobby
Oftentimes, being away from home and on the road can get lonely and boring. Encourage your drivers to find new ways to entertain themselves during their free time. Hobbies and leisure activities help relieve stress and allow drivers to start the next day of driving feeling fresh and alert.
Key to remember: The new year brings new opportunities for your drivers to check in on their existing habits, as well as form new ones.
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2025-12-30T06:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyOccupational Safety and Health Administration (OSHA), DOLEnglishFocus AreaUSA
OSHA issues 4 new interpretive letters
OSHA issued four new letters of interpretation (LOIs) related to occupational noise, respiratory protection, electrical safety, and lead contamination:
- 140 decibels (dB) impact/impulse policy under the noise standard (7/30/2025)
- Whether the respiratory protection medical evaluation may consider factors beyond respirator use (8/1/20205)
- Electrical busway hot swappable plug-in units (8/25/2025)
- Clarification of “as free as practicable” lead contamination on surfaces (9/29/2025)
LOIs do not create further obligations for employers, but instead provide supplementary guidance explaining how a standard, regulation, and/or statute applies to a particular workplace situation or hazardous condition. OSHA may also use LOIs to further explain its compliance directives. As the agency’s regulations often lag years or even decades behind advances in technology, equipment, machinery, and work practices, LOIs also can help bridge those gaps.
2025-12-29T06:00:00Z
NewsIndustry NewsHR GeneralistIn-Depth ArticleLabor Law PostersAssociate RelationsEnglishLabor Law PostersHR ManagementFocus AreaUSAHuman Resources
Answering the labor law poster question of the year
To wrap up 2025 and start 2026 on the right note, let’s clear up one of the questions we get most often: Do I need Spanish posters?
The answer is: Maybe.
Some laws require Spanish postings
There is no overall national or state law that says employers always need to have Spanish posters. Each posting is required under a different law, and some mention posting in Spanish or a language other than English.
Most of these laws come with stipulations. For example, the federal FMLA poster, which must be posted by employers with 50 or more employees, must be displayed in a language other than English if a “significant” portion of workers are not literate in English. The federal government does not define “significant,” so that determination is up to the employer.
Some state laws also mention posting in Spanish. For example, the New Mexico Notice on Human Trafficking must be posted in English and Spanish. In Massachusetts, the Paid Family and Medical Leave poster must be posted in Spanish if an employer has five or more employees whose primary language is Spanish.
In addition, when a city or county has its own minimum wage law, the minimum wage poster must usually be posted in Spanish or other languages commonly spoken in the community.
Always a good idea when Spanish is the primary language
Even when a Spanish poster isn’t specifically required in a law, posting in Spanish is always a good idea if you have workers who primarily communicate in Spanish.
Employers have a responsibility to inform employees of their rights under employment laws. When a Spanish poster is the best way to do this, it makes sense to display it.
Key to remember: Some postings must be displayed in Spanish under certain circumstances. Posting in Spanish is always a good idea when employees usually communicate in that language.
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2025-12-29T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
OSHA interpretive letters: Practical compliance guidance at your fingertips
Is an underground utility system a permit-required confined space? Can forklift operators be evaluated virtually? How does an employee’s cochlear implant affect audiometric testing? If you’ve ever struggled to understand how an OSHA standard applies to YOUR workplace, you’re not alone!
Fortunately, the agency regularly posts answers to questions posed by employers, employees, and other stakeholders. Those answers come in the form of letters of interpretation (LOIs).
How LOIs can help you
LOIs provide supplementary guidance explaining how a standard, regulation, and/or statute applies to a particular workplace situation or hazardous condition. OSHA may also use LOIs to further explain its compliance directives. Perhaps more importantly, because OSHA’s regulations often lag years or even decades behind advances in technology, equipment, machinery, and work practices, LOIs can help bridge those gaps.
OSHA makes clear that its requirements are set by standards, regulations, and statutes. Therefore, you need to know that interpretative letters don’t change the meaning of those requirements. Put another way — LOIs do not create further obligations for you. Always review the standards, regulations, and statutes for definitive compliance mandates.
At the same time, you may wish to revisit the interpretive letters. They are not set in amber. As standards, regulations, and statutes change, OSHA may update or archive existing LOIs in response to new or revised obligations. Text may be struck out, or there may be an “ARCHIVE” notice stamped at the top of the letter. Archive notices alert you that information no longer reflects current policy but may be useful for historical or research purposes.
Recent LOIs
This year’s LOIs include the ones listed in the table. We anticipate more letters to come in the future. Be sure to look not just at the current year of LOIs but at previous years’ letters too to see what’s new. That’s because OSHA often posts LOIs long after they were sent to the stakeholder(s).
| LOI date | 29 CFR | Letter title and brief summary |
| 1/3/2025 | 1910.146 | Permit required confined space This LOI addresses questions about the permit required confined space standard as it relates to a steam, chilled, and hot water utility system connecting multiple buildings that contain in-ground utility vaults and piping, valves, and connections. OSHA states that employers must determine whether a confined space meets the definition of a permit required confined space under 1910.146(b), including whether the area contains a “recognized serious safety or health hazard.” If the definition is met, and entry is authorized, employers must isolate the permit space prior to entry. |
| 2/5/2025 | 1904 1910.502 | Enforcement stay of the COVID-19 recordkeeping and reporting requirements under 29 CFR 1910.502 OSHA will not enforce COVID-19 recordkeeping and reporting requirements under 1910.502 and will not cite employers for violations of the requirement to establish, maintain, and provide copies of a COVID-19 log under paragraphs (q)(2)(ii) and (q)(3)(ii)-(iv) or to report COVID-19 fatalities and hospitalizations under paragraph (r). OSHA will continue to enforce applicable recordkeeping and reporting requirements under 29 CFR 1904. |
| 4/1/2025 | 1910.178 | Requirements of powered industrial truck training program implementation OSHA clarifies that trainees may only operate a powered industrial truck under the direct supervision of a person with the knowledge, training, and experience to train operators and evaluate their competence. Virtual evaluation, such as live streaming via a cellphone or tablet, is not acceptable. |
| 4/29/2025 | 1904 1904.29 1904.32 1904.35 1904.40 1904.41 | Software used to generate Equivalent OSHA Forms 300 and 300A If forms generated by a company’s software meet the requirements for equivalent forms at 1904.29 and 1904.32, then these forms could be used by employers to satisfy OSHA recordkeeping requirements for maintaining OSHA Form 300 and Form 300A. The LOI also provides further detailed guidance on recordkeeping requirements. |
| 5/8/2025 | 1910.1028 1910.1051 | Engineering controls under the Benzene and 1,3-Butadiene standards OSHA explains that 1910.1028 and 1910.1051 are performance-oriented standards and as such allow for various types of engineering and work practices for benzene and 1,3-butadiene. Specifically, under these standards the following types of valves are considered forms of engineering controls: bellow and non-bellow, leak-proof and non-leak proof, and double-seal and non-double seal. |
| 6/11/2025 | 1910.95 | Audiometric testing of a worker who may have a cochlear implant Employees with cochlear implants (CI) should leave their device turned on during the audiometric test instructions and then turn the device off after the instructions have been given. For purposes of 1910.95, OSHA would not consider an audiogram to be valid if the CI is left on during the test. A qualified occupational hearing professional should be consulted to recommend appropriate hearing protection such as may be specifically designed for people with a CI or to assess whether the employee’s inability to wear hearing protection with the CI processor would cause additional hearing loss. |
| 6/17/2025 | 1910.25 | Stair angle and tread depth requirements This LOI explains how stair tread depth must be measured in order to provide adequate stepping space and to protect employees from falling. OSHA says its intention for the 9.5-inch minimum tread depth requirement in 1910.25 is consistent with national consensus standards for standard stairs (ANSI A1264.1 and NFPA 101). |
| 7/28/2025 | 1904 1904.7 | Red light therapy wraps OSHA states that LED (light emitting diode) red light therapy and red light therapy wrap technology don’t constitute first aid for purposes of OSHA’s recordkeeping requirements. The agency has no plans to initiate rulemaking to add LED red light therapy to the first aid list in 1904.7. |
| 7/30/2025 | 1910.95 1910.95(b)(1) 1910.95(d)(2)(i) 1926.52 1926.52(e) | 140 decibels (dB) impact/impulse policy under the noise standard This LOI discusses OSHA’s enforcement of the 140 dB peak sound pressure level in 1910.95 and 1926.52. |
| 8/1/2025 | 1910.134 1910.134(c) 1910.134(e) 1910.134(e)(5) 1910.134(e)(5)(i) 1910.134(e)(5)(iii) 1910.134(e)(6) 1910.134(e)(6)(i)(A) | Whether the respiratory protection medical evaluation may consider factors beyond respirator use This LOI addresses the following questions: 1. To what extent does OSHA's Respiratory Protection standard require that the physician or other licensed health care professional's medical evaluation for respirator use include consideration of factors beyond respiratory protection that affect fitness to safely perform the expected job tasks while wearing a respirator? 2. Is there a reasonable expectation that the employer will provide functional job descriptions to include more than the narrowly specified information required by 1910.134(e)(5)(i)? |
| 8/25/2025 | 1910.332(b) 1910.333 1910.333(a)(1) 1910.333(a)(2) 1910.333(c) 1910.333(c)(2) | Electrical busway hot swappable plug-in units The insertion or removal of a hot swappable plug-in unit for an electrical track busway is covered under 1910.333. Under 1910.333(a)(1), live parts to which an employee may be exposed must be deenergized before the employee works on or near them, unless the employer can demonstrate that deenergizing introduces additional or increased hazards or is infeasible due to equipment design or operational limitations. If the exposed live parts are not deenergized, other safety-related work practices must be used, in accordance with paragraph (a)(2), to protect employees who may be exposed to electrical hazards. |
| 9/29/2025 | 1926.62 1926.62(h)(1) 1926.62(i)(2)(i) 1926.62(i)(4)(ii) 1910.1025 1910.1025(h)(1) 1910.1025(i)(2)(i) 1910.1025(i)(4) | Clarification of “as free as practicable” lead contamination on surfaces OSHA explains that employers must have a regular, rigorous housekeeping schedule to meet the intent of the general industry and construction standards and to protect 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.