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Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
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This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) for the Coal- and Oil-Fired Electric Utility Steam Generating Units (EGUs) source category. These final amendments are the result of the EPA's review of the 2020 Residual Risk and Technology Review (RTR). The changes, which were proposed under the technology review in April 2023, include amending the filterable particulate matter (fPM) surrogate emission standard for non-mercury metal hazardous air pollutants (HAP) for existing coal-fired EGUs, the fPM emission standard compliance demonstration requirements, and the mercury (Hg) emission standard for lignite-fired EGUs. Additionally, the EPA is finalizing a change to the definition of “startup.” The EPA did not propose, and is not finalizing, any changes to the 2020 Residual Risk Review.
DATES:
This final rule is effective on July 8, 2024, published in the Federal Register May 7, 2024, page 38508.
View final rule.
Yes, employees may take leave under the federal Family and Medical Leave Act (FMLA) to care for family members who are outside U.S. borders.
If the employee meets the eligibility criteria of the FMLA, the family member has an FMLA serious health condition, and the employee is needed to care for the family member, the employee’s time off would be protected. It doesn’t really matter where the family member is.
To figure out whether the family member’s condition meets the criteria under the FMLA, employers may require that the employee provide a certification supporting the leave.
Certifications in other languages
If an employee or a family member is visiting in another country, or a family member lives in another country, and a serious health condition develops, employers must accept a medical certification from a health care provider who practices in that country. This rule applies to an original certification, a recertification, and when requesting a second or third opinion from a provider.
If a certification by a health care provider from another country is in a language other than English, employers may require that the employee provide a written translation of the certification.
Traveling to care for family member
If family members are outside the U.S., employees will need to spend some time traveling. The employee’s travel time would likely be seen as part of the FMLA leave if:
Handling intermittent leave
Employees may also take intermittent FMLA leave to care for far-away family members. Employers would manage such leave the same way they do for intermittent leave inside the U.S. Employers should:
Whenever employees are away from the physical worksite, tracking how much intermittent FMLA leave they are taking has its own challenges. Employers may use a simple honor system of self-reporting or technology to keep track of when the employee is taking FMLA leave and when the employee is working.
Key to remember: Eligible employees may take FMLA leave to care for family members who are outside the U.S.
As of May 2024, the FMCSA’s Truck Leasing Task Force Advisory Committee (TLTF) has met four times with the last as an in person public meeting at Mid America Trucking Show on March 21st. The meetings have been driver-centric, focusing primarily on bad actors that create predatory leasing situations for drivers that often over-promise and under-deliver. These agreements may leave drivers without a vehicle but still holding debt.
Congress passed and President Biden signed the Infrastructure Investment and Jobs Act (IIJA) in November of 2021. One of the required items in the law was that the Department of Transportation and Labor Secretaries create the TLTF. In February of 2022, Transportation Secretary Pete Buttigieg signed the Task Force’s charter document.
The task force’s charter instructs the task force to examine and consider:
While having no rulemaking authority, the task force will complete a report to the DOT Secretary and Congress regarding their findings and recommended best practices and changes to laws or regulations.
Regardless of the task force recommendations, drivers looking to lease their vehicle to a carrier or thinking about entering a lease-to-purchase agreement need to understand that there is no such thing as a “standard lease agreement.” Leases are contracts. Both parties need to know what they are responsible for and have all negotiated items included in the lease. The individual that creates the agreement will know what is in– and possibly more importantly – what is not in the lease. If unsure of what is being signed, get professional help.
Did you know that according to the Occupational Safety and Health Administration (OSHA), welding, cutting, and brazing activities contribute to a significant portion of workplace injuries, with approximately 25% of all industrial fires being attributed to these activities?
Welding and cutting processes have existed for thousands of years. Little has changed about their purpose since their discovery. Workers continue using these hot work activities to join or cut metals.
Employers must review the company welding safety program with their welders. Whenever welding or working around it and other hot work, you should know the following:
Here are a few practices for working safely that apply in welding situations.
Employees who properly handle compressed gas cylinders (CGCs) can safely perform many welding tasks. The following procedures will reduce the hazards of handling CGCs:
Here are several things to ensure your employees remember when moving CGCs:
Employees must identify gas and its dangers before they use it. They can find this information on labels, safety data sheets, and cylinder markings. Instruct employees not to use it if they don’t know what’s in a cylinder.
All workers must exercise caution whenever welding operations occur to mitigate the risk of fires, explosions, or personal injuries resulting from welding hazards.
Powered industrial trucks (PITs), commonly known as forklifts, are used in many different industries, primarily to move, push, or pull materials. Each type of truck and workplace presents different hazards. While the OSHA standard at 1910.178 addresses the basic requirements, employers often have questions about their particular PIT-related situations.
Below are some of the most frequently asked questions our J.J. Keller Experts have received regarding the safe operation of their PITs.
A PIT includes a fork truck, tractor, platform lift truck, motorized hand truck, and other specialized industrial trucks powered by electric motors or internal combustion engines, excluding compressed air or nonflammable compressed gas-operated industrial trucks, farm vehicles, and vehicles intended primarily for earth moving or over-the-road hauling.
Note that OSHA’s current regulation covers 11 types of PITs, but at least 19 types are found in industry. An upcoming but long-term OSHA proposed rule would seek to update the standard to add new truck types.
Federal OSHA does not require a forklift operator to have a valid driver’s license. However, OSHA does require that every forklift operator be trained and certified to operate the powered industrial truck in the workplace, and that the operator’s performance be evaluated on the provisions of 1910.178(l)(3) every three years. The employer must have a record documenting that the driver has successfully completed the training. That is the only operating “license” required by OSHA.
OSHA doesn’t have a specific regulation for motorized floor sweepers, floor scrubbers, and other types of personal conveyances (like golf carts) that aren’t intended to move, push, or pull materials. However, OSHA still expects this equipment to be used safely. Employers are encouraged to train operators on safe use by following the equipment manufacturer’s operating instructions.
Federal OSHA requires forklifts to be inspected at least daily or after each shift when used around the clock.
Inspection logs aren’t required but are seen as a best practice for two reasons:
Because it isn’t a regulatory requirement, inspection logs may be kept for any specified time period. It’s recommended to document the length of time a company decides to keep the inspection records in the employer’s written safety and health program, forklift program, or company policy (e.g., “We retain forklift inspection forms for three months”). This will demonstrate to OSHA that forklift operators are performing the daily inspections as required.
The employer must obtain the manufacturer’s prior written approval before making modifications that would impact the safety and capacity of the PIT, such as adding a man basket. Updated capacity, operation, and maintenance instruction plates, tags, or decals are also required per OSHA.
Safe operation of PITs means a thorough understanding of the regulations. Employers have experts they can trust to answer their safety questions in this complex regulatory landscape.
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