J. J. Keller® Compliance Network

Common local level programs

A strong example of local involvement can be seen in air quality management. The National Association of Clean Air Agencies (NACAA) reports that 117 local air agencies participate in implementing federal and state clean air programs, highlighting how implementation frequently happens at the local level.

EPA’s AirNow directory lists numerous local air quality agencies across the country; Examples include air pollution control districts in California (such as the Sacramento Metropolitan Air Quality Management District, the San Francisco Bay Area Air Quality Management District, and the South Coast Air Quality Management District) as well as local air programs in Maricopa County, Arizona; Jacksonville, Florida; and Omaha, Nebraska. These districts conduct inspections, issue permits, investigate complaints, and maintain air monitoring networks, all of which support state and federal clean air requirements.

Local authority is also central to solid waste management, where many states rely heavily on counties and municipalities to manage planning, facilities, and enforcement. For instance, Washington State requires local governments to develop comprehensive solid and hazardous waste management plans that guide all waste handling and recycling programs within each county or city. These plans determine facility needs, outline reduction and recycling strategies, and shape local ordinances designed to meet state goals.

Additional examples appear across the country. Maryland’s Montgomery County, California’s Alameda County, and the District of Columbia all implement ambitious local waste diversion plans that supplement or exceed state requirements, demonstrating how counties and cities directly shape waste reduction and recycling policy. Likewise, South Carolina places most solid waste management responsibility on county governments, which must develop local plans, designate recycling coordinators, and report progress toward statewide goals.

Why is local involvement critical?

Local environmental regulatory authority matters because conditions vary widely across the nation. Counties and municipalities better understand their own industries, land uses, and growth patterns, allowing them to respond quickly to complaints, target outreach effectively, and adopt ordinances that go beyond state or federal minimums when necessary. Their proximity to communities makes local agencies essential partners in achieving environmental compliance and advancing public health protections.

As federal and state programs evolve, the role of local agencies continues to expand. Air quality districts, solid waste authorities, and local environmental health departments all demonstrate how counties and municipalities contribute directly to national environmental objectives.

Key to remember: With thousands of local agencies responsible for on the ground regulatory tasks, the strength and responsiveness of the United States’ environmental protection system depend heavily on the active engagement of local governments.

Am I a universal waste handler?

A universal waste handler either (a) generates a federally designated universal waste or (b) receives universal waste from other handlers, accumulates universal waste, and sends universal waste to:

• Another universal waste handler,
• A destination facility, or
• A foreign destination.

It excludes transfer facilities that transport off-site universal waste by air, rail, highway, or water as well as destination facilities that treat, dispose of, or recycle universal waste. If your facility is considered a universal waste handler, you must then identify which handler category applies.

Am I a small or large universal waste handler?

The universal waste program requirements for handlers differ based on the amount of universal waste accumulated:

• SQHUWs accumulate less than 5,000 kilograms of all types of universal waste at any one time.
• LQHUWs accumulate 5,000 kilograms or more of all types of universal waste at any one time.

If your facility qualifies as an LQHUW during the calendar year, it keeps this status through the end of the calendar year. You can reevaluate the status in the next calendar year.

Now that you know which category applies to your facility, let’s take a look at the requirements for each kind of universal waste handler.

Small vs. large handler regulations

Many of the same rules apply to all universal waste handlers. Both SQHUWs and LQHUWs must:

• Label or mark properly each universal waste or its container,
• Manage universal waste in ways that prevent environmental releases of the waste or its components — though the requirements differ for small and large handlers (see table below),
• Accumulate universal waste for no more than one year (unless solely for accumulating quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal),
• Respond immediately to and correctly manage any environmental releases of universal waste,
• Comply with export requirements for foreign shipments, and
• Comply with any applicable U.S. Department of Transportation hazardous materials requirements.

However, large handlers have requirements that extend beyond those of small handlers. The table below summarizes the differences.

Dos and don’ts for universal waste handlers

Universal waste handlers may:

• Send or take universal waste to another universal waste handler, a destination facility, or a foreign destination;
• Ship universal waste off-site without manifests; and
• Omit counting universal waste toward a generator category (i.e., very small quantity, small quantity, or large quantity generator) under the Resource Conservation and Recovery Act.

Universal waste handlers may not:

• Dispose of universal waste, or
• Dilute or treat universal waste.

Check state requirements

The most important tip for all universal waste handlers is to check the state regulations.

States don’t have to cover all federally designated universal wastes, and they can impose stricter management standards (except on batteries). Wisconsin’s universal waste management program, for example, doesn’t cover aerosol cans.

On the other hand, states can add materials covered by their universal waste management programs. Texas designates paint and paint-related waste as universal waste, and California includes solar panels in its universal waste program.

Key to remember: EPA’s universal waste program requirements differ for small and large quantity handlers. Facilities determine which rules apply based on the amount of universal waste they accumulate.

Newly added or updated TRI chemicals

The TRI list changes more often than many people realize. The Environmental Protection Agency (EPA) regularly updates it and recently added new per- and polyfluoroalkyl substances (PFAS) and even a full diisononyl phthalate (DINP) chemical category. When facilities don’t review these updates each year, they may keep using materials that now contain reportable chemicals without realizing it. For example, PFAS were expanded for Reporting Years 2024 and 2025, and the DINP category was added in 2023. These changes mean that everyday items like coatings, lubricants, and flexible plastics can suddenly trigger TRI thresholds.

“Otherwise used” chemicals

Not every reportable chemical is manufactured or processed. Many are simply “otherwise used,” including solvents, degreasers, cleaners, and maintenance chemicals. Facilities often overlook these because they aren’t part of the product mix, but they can add up fast. Even common shop chemicals, when used across a year, can exceed the 10,000-pound threshold and require reporting.

Coincidentally manufactured byproducts

Some chemicals are created unintentionally during normal operations. Ammonia may form during baking or heating steps, nitrates often appear in wastewater treatment, and metal compounds can be generated during welding, machining, or corrosion. These substances count as “manufactured” under TRI even if they weren’t intentionally manufactured. Examples like ammonia, nitrates, metal compounds, and diesel byproducts such as naphthalene and polycyclic aromatic compounds are regularly overlooked in TRI reporting because they’re easy to underestimate.

Impurities or additives in mixtures

Many reportable chemicals hide inside mixtures, oils, coatings, lubricants, and chemical blends. If a facility focuses only on the main ingredients, it may miss the smaller additive or impurity that’s actually subject to TRI reporting. These overlooked components can push a facility over a reporting threshold, even when the product is used in small amounts.

TRI oversights usually occur not because facilities ignore the rules but because chemicals show up in unexpected forms. Keeping an eye on updates, tracking cleaners and maintenance chemicals, monitoring byproducts, and checking mixtures closely can prevent the most common reporting mistakes.

What’s changing and why it matters

Although EPA has been deregulating or loosening some requirements, there are still some standards being tightened across multiple fronts in the coming year:

• Renewable fuel standards (RFS): The EPA proposed higher volume requirements for 2026, including 24.02 billion renewable identification numbers (RINs), up nearly 8% from 2025. This increase pushes stricter expectations on fuel producers and organizations purchasing renewable fuels.
• Stormwater multi-sector general permit (MSGP): A new MSGP set to take effect by February 2026 will require quarterly PFAS indicator monitoring, expanded benchmark sampling, and resiliency measures in stormwater control designs.
• PFAS Reporting under the Toxic Substances Control Act (TSCA): TSCA Section 8(a)(7) mandates PFAS manufacturing and import data collection beginning in April 2026, through October 2026, with extended deadlines for certain small manufacturers.

Failure to prepare could lead to fines, reputational damage, supply chain disruptions, and permit delays. Companies that weave compliance planning into their 2026 strategy will be positioned not just to meet legal deadlines but to sustain operations smoothly.

Key areas of impact

• Renewable fuel standards (RFS) and air emissions The proposed increase in 2026 Renewable Identification Numbers (RIN) volumes, from 24.02 billion to 24.46 billion for 2027, signals tightening air and fuels policy that affects fuel use and emissions accounting.
• Stormwater management The upcoming 2026 MSGP requires expanded quarterly PFAS monitoring, new benchmark triggers, corrective action plans, and integration of climate resilience in design standards.
• PFAS disclosure (TSCA Section 8(a)(7)) Manufacturers and importers of PFAS must submit electronic reporting of usage, volumes, disposal, and exposure data between April and October 2026, with extensions available for smaller operations.

Steps to take now

• Audit compliance programs: Cross-check operations against RIN inventory, stormwater permits, and TSCA reporting duties.
• Upgrade monitoring and recordkeeping: Implement robust electronic systems to track PFAS, stormwater quality, fuel volumes, and emissions.
• Staff training: Educate teams on PFAS obligations, new stormwater protocols, and RFS structures.
• Engage regulators early: Comment on proposed rules, consult during permit drafting, and flag issues during the notice-and-comment period.

Looking ahead

The EPA’s 2026 updates reflect a trend toward increased transparency and environmental accountability. Companies that treat compliance as strategic will not only avoid enforcement but also gain resilience and stakeholder trust.

Key to remember: Start planning now. Early action on EPA rule changes will save time, money, and headaches when enforcement begins.

How do these sessions work?

Much like toolbox talks in the construction industry, these brief sessions take about five to fifteen minutes and focus on a single issue or a portion of a larger topic, making it easy to integrate learning into even the busiest schedules.

For example, a specific aspect of the hours-of-service rule, such as the definition of on-duty time or how the 14-hour duty rule works, could be addressed during one of these short training sessions.

Other topics that work well in a mini-training session format include:

• Hazard perception,
• Safety belt use,
• Road construction/work zone safety,
• Lifting techniques, and
• Severe weather safety.

Use a mix of instructional techniques

When preparing your mini-training session, consider incorporating a mix of instructional techniques to help convey your message. Use of multiple methods during the same training session aids in retention and reinforces key takeaways. Examples of techniques that can be used in this time-sensitive training format include:

• Handouts covering the session’s main points,
• Question and answer session,
• Demonstration,
• Discussion, and
• Drills or exercises that include class participation.

Key to remember: Mini‑training sessions provide a quick, effective way to deliver ongoing driver education without disrupting daily operations.

No fishing

As proposed, the rule directs the FMCSA and other DOT agencies to avoid “fishing expeditions” without enough evidence in hand to support an enforcement claim. It also spells out what an enforcement notice should include — what rule you allegedly violated, the key facts, and what rights you have to challenge it and “avoid unfair surprise.”

Transparency is another key component. The rule will require agencies to share potentially exculpatory evidence — basically, information in the government’s hands that could help you defend yourself or reduce the penalty. The proposed version of the rule states that “making affirmative disclosures of exculpatory evidence in all enforcement actions will contribute to the [DOT’s] goal of open and fair investigations and administrative enforcement proceedings.”

The rule is also expected to reinforce the fact that guidance documents — including interpretations issued by the FMCSA and often published along with FMCSA regulations — are not legally binding. In addition, agencies will need to take additional steps in the guidance development process, such as doing cost-benefit analyses and legal review, and getting public input.

Many of the changes in the proposed rule were in place prior to 2021 but were rescinded by the previous administration.

A new era for enforcement

One of the most intriguing changes in the rule will allow motor carriers to petition the DOT to argue that their staff violated procedural requirements. If the carrier wins, the proposed remedies go beyond a scolding for the investigators. They could include:

• Removing the enforcement team,
• Excluding certain issues or evidence,
• Ordering certain factual findings, or
• Restarting the enforcement action from the beginning or from an earlier point in the proceedings.

FMCSA enforcement cases dropped dramatically last year even without the new rule; the future may hold even fewer once the proposed changes go into effect.

Key to remember: A new “rule on rules” from the DOT is expected soon, and it could change the FMCSA’s enforcement playbook.

5 questions to address

Motor carriers and operators who drive small vehicles should work through the five questions below to determine whether federal or state regulations apply — and whether it’s time to dig deeper or seek professional guidance.

1. Does the vehicle operate interstate or intrastate?

Interstate commerce includes transportation that’s part of a larger trip that begins or ends in another state. Prearranged transportation to or from an airport is one example, even if the vehicle itself never leaves the state.

Intrastate commerce, by contrast, stays entirely within one state and isn’t connected to an interstate journey. Intrastate shuttle operations, however, may still be regulated under state motor carrier safety rules that closely mirror federal requirements.

2. How many passengers is the vehicle designed to carry?

In interstate commerce, the FMCSRs apply to vehicles designed or used to transport 9–15 passengers, including the driver, when compensation is involved. Vehicles designed to carry more than 15 passengers, including the driver, are considered CMVs regardless of compensation.

Importantly, removing seats doesn’t change the vehicle’s original design rating.

3. What is the vehicle’s weight?

Weight can trigger regulation even when passenger count or compensation doesn’t. If a vehicle has a gross vehicle weight rating (GVWR) or actual weight of 10,001 pounds or more, it may be subject to the FMCSRs regardless of passenger capacity or whether anyone is paying for the ride.

States differ in how weight thresholds are used for intrastate regulation, so operators should confirm how state CMV definitions apply to their fleets.

4. Is it a ‘for-hire’ operation?

For‑hire passenger carriers transport passengers for direct or indirect compensation as follows:

Direct compensation: This includes fares, tickets, or payments made on the passenger’s behalf, including donations.

Indirect compensation: This occurs when transportation is bundled into a larger service or package, such as lodging, tours, or event admissions.

For interstate vehicles designed for 9–15 passengers, compliance obligations are as follows:

Operations involving direct compensation or vehicles weighing 10,001 pounds or more must:

1. Register with the FMCSA;
2. Display a USDOT number; and
3. Comply with driver qualification, hours‑of‑service, and maintenance rules.

Operations involving indirect compensation only using vehicles under 10,001 pounds must:

1. Register and display a USDOT number,
2. Maintain accident records, and
3. Comply with texting and handheld mobile phone prohibitions.

5. Is the shuttle operation private?

Private motor carriers of passengers (PMCPs) don’t charge fees, but are divided into two categories:

1. PMCP Business: These are companies that operate employee shuttles and must comply with most FMCSRs but are exempt from federal insurance requirements.
2. PMCP Non Business: These include such groups as churches or charities. They must operate safely and meet basic FMCSR requirements but are exempt from many recordkeeping and administrative rules.
   • These exemptions include:
     • Insurance requirements;
     • Driver qualification files;
     • Medical examinations (while still meeting minimum physical standards);
     • Logs, though hours‑of‑service limits still apply; and
     • Maintenance records and driver vehicle inspection reports.

From awareness to action

To confirm if the FMCSRs or state safety regulations apply to a shuttle operation, these steps can reduce risk:

• Consult a regulatory expert.
• Conduct an audit internally or through a third party.
• Develop an action plan, assign ownership, and reassess compliance regularly.

Key to remember: Knowing when federal or state rules apply to a shuttle operation is essential to minimizing enforcement exposure, liability risk, and operational disruption.

The cost of compliance

Fees range greatly from state to state, permit to permit, and can even vary based on load and trip specific details: such as length of time the permit is needed for, or the size and weight of the load. Some permits will be a flat fee for a single day trip, while others may be calculated as an amount per mile or weight.

But what happens when you don’t obtain the permit and do it anyway? Let’s consider some of the often overlooked financial, operational, and safety risks of non-compliance.

The cost of noncompliance

There are many consequences carriers may face when they operate without proper permits, with some being more obvious than others.

• Immediate financial penalties. Operating without the proper authority can result in fines of up to thousands of dollars per violation. These penalties vary by state or jurisdiction, and by type of violation.
• Impoundment and delays. Law enforcement may not simply issue a fine and allow your driver to continue with their delivery. Instead, they may re-route your driver or impound equipment and/or freight in addition to issuing that fine. So now, you have a fine to pay and a delay in operations which will likely ripple on from this job to the next.
• Increased operational costs. With delays come increased operational costs. This can come in the form of additional fuel costs, lodging for your driver, and even potential equipment or freight damage from the extended drive time or impoundment.
• Damage to safety scores and compliance records. Failure to comply with the regulations can result in a higher Compliance, Safety, Accountability (CSA) safety rating. This may lead to increased inspection rates, higher insurance premiums, an elevated risk of audit, and damaged reputation.
• Legal and liability exposure. In the event of an accident, you want to be in the most defensible position. If your driver was hauling an improperly permitted load, it shows the judge and jury that you don’t take the rules seriously, and if you aren’t compliant here, they may begin to wonder, “Where else are you slacking?”

The ROI of compliance

Operating without proper permits can lead to violations, ultimately meaning that the cost of non-compliance is far greater than that of the permit.

Additionally, the benefits of compliance go beyond the initial financial burden, as proper permitting improves efficiency, safety scores, and customer satisfaction – all of which help your business to grow and thrive over time.

Concurrency

Many of the state laws allow the time off to run concurrently with FMLA leave, when:

• The employer is covered by both,
• The employee meets the eligibility criteria for both, and
• The reason qualifies for both.

When the leave runs concurrently, employers have to comply with both laws. A state law could have specific employer requirements, and employers have to meet them. That could involve giving employees certain information. The Colorado Family and Medical Leave Insurance (FAMLI), for example, requires employers to not only post the program notice in a prominent location, but it also requires employers to give employees written notice of the program upon hiring and when learning of an employee experiencing an event that triggers the employee’s eligibility.

Under the FMLA, when employees put the employer on notice of the need for leave, employers must give the employee an eligibility/rights & responsibilities notice within five business days. Once employers have enough information to determine if the absence qualifies for FMLA protections (such as from a certification), employers have five business days to give the employee a designation notice.

Employers can't overlook those FMLA steps, even if they seem redundant with state requirements.

Risks

If employers fail to designate an absence as FMLA leave, they may retroactively designate it only if doing so doesn’t cause harm or injury to the employee. If so, employers can’t retroactively designate it, which could result in the employee having more than the 12 weeks of FMLA leave.

Employers that don’t comply with the FMLA’s notice requirements can risk fines and penalties, even if the employers gave the employee the 12 workweeks of leave and the employee suffered no actual harm.

Therefore, overlooking the FMLA would not only risk violations but would also add another layer of unnecessary complexity.

Key to remember: Employers need to remember to comply with the federal FMLA’s requirements in addition to a state’s requirements.

Combustible dust

The Chemical Safety and Hazard Investigation Board (CSB) released a new video examining a fatal combustible dust explosion/fire. Five employees at a Wisconsin corn mill were killed and 14 others were injured. Board Member Sylvia Johnson states, “The CSB has been calling for a comprehensive [OSHA] standard on combustible dust for many years to help prevent tragic, deadly incidents like [this] one … from continuing to occur. Robust regulation is absolutely essential to keep these incidents from happening in the future.”

First aid and eye, face, and head protection

Nine safety organizations petitioned OSHA urging the agency to adopt more modern consensus standards. Those standards include:

• ANSI/ISEA Z308.1-2026, -2019, and -2014 — American National Standard for Minimum Requirements for Workplace First Aid Kits and Supplies;
• ANSI/ISEA Z87.1-2025, -2020, and -2015 — American National Standard for Occupational and Educational Personal Eye and Face Protection Devices; and
• ANSI/ISEA Z89.1-2026, -2019, and -2014 — American National Standard for Industrial Head Protection.

The petition argues that the suggested updates to 29 CFR 1910 would not add compliance costs. Rather, the changes would offer employers greater choices in first aid kits and personal protective equipment, while improving safety, the organizations contend.

Workplace violence

A recent report from the Department of Labor Office of Inspector General states that OSHA could “enhance its efforts to address workplace violence, which may include taking regulatory action.” OSHA currently uses the General Duty Clause (not a regulation) for enforcement of work violence hazards.

The Inspector General says it will audit the effectiveness of the General Duty Clause in OSHA’s enforcement of workplace violence. The latest Bureau of Labor Statistics (BLS) data show that 9.3 percent of all work fatalities in 2024 were attributed to homicide.

A Workplace Violence in Healthcare and Social Assistance proposed rule is on OSHA’s long-term agenda.

Musculoskeletal disorders, heat, and more

Federal lawmakers are moving to force OSHA to issue regulatory rulemaking to protect American workers. The House and Senate have ten bills on the table so far. Topics addressed by these Congressional bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence. See our previous article, “9 OSHA bills to mandate gap-closing rules, wider coverage, steeper fines,” dated February 3, 2026. One bill was added after the issuance of that article.

Healthcare, transportation, warehousing, retail, and manufacturing injuries/illnesses

According to a new OSHA report, four industries, together, reported over 85 percent of all the injury and illness incidents tallied in data submitted under 29 CFR 1904.41 for 2024. Those included:

• Healthcare and social assistance,
• Transportation and warehousing,
• Retail trade, and
• Manufacturing.

The “2024 Annual Report: Work-related Injuries and Illnesses” also put a spotlight on three safety and health topics:

• Robotics in the manufacturing sector,
• Meat processing industry, and
• Young workers.

Transportation incidents

Transportation incidents continued to be the most frequent type of fatal event, per BLS data posted last month. These incidents accounted for 38.2 percent of all work fatalities in 2024. This is an uptick from the 36.8 percent reported in 2023. The good news is roadway incidents involving motorized land vehicles dropped 8.5 percent. The figure plummeted to 1,146 in 2024 from 1,252 in 2023. Roadway incidents still made up over one-in-five fatal work incidents in 2024.

In mid-January last year, OSHA said it wanted employers to “make safety a core principle by integrating safe driving and transportation practices into their businesses' safety and health management systems.” The idea was to foster a culture of safety and preventive practices to protect workers on the nation's roads. The statement was part of a joint initiative with the National Safety Council and the Road to Zero Coalition. The agency pointed to its Motor Vehicle Safety webpage.

While transportation incidents persist as the number one source of work fatalities, the 2025 BLS data, which should be issued in December 2026, may reveal whether OSHA’s joint-initiative efforts are making a dent.

Key to remember

Several forces are nudging OSHA to address a number of workplace hazards and high-hazard industries. Each points to a different safety and health concern, competing for OSHA’s bandwidth.

FMLA certification basics

Employers aren’t required to use certifications, but if they do, the U.S. Department of Labor (DOL) has five different certification forms to use for various FMLA leave situations.

The forms are as follows:

1. Certification of Health Care Provider for Employee's Serious Health Condition,
2. Certification of Health Care Provider for Family Member's Serious Health Condition,
3. Certification of Qualifying Exigency for Military Family Leave,
4. Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave, and
5. Certification for Serious Injury or Illness of a Veteran for Military Family Leave.

Let’s focus on the first two, as these are the most common ones HR administrators use.

Who can fill out an FMLA certification?

The FMLA regulations describe the person who has the authority to fill out a certification as a “health care provider.” The good news is, the regulations include a lengthy list of medical professionals who fit this role.

Under the FMLA, a health care provider includes:

• A doctor of medicine or osteopathy,
• A podiatrist,
• A dentist,
• A clinical psychologist,
• An optometrist,
• A chiropractor (limited to manual manipulation of the spine as demonstrated by X-ray),
• A nurse practitioner,
• A nurse midwife,
• A clinical social worker,
• A physician assistant,
• A Christian Science practitioner, and
• Any health care provider from whom the employer or the employer's group health plan's benefits manager will accept a medical certification to substantiate a claim for benefits.

To be qualified to fill out FMLA forms, medical professionals must be authorized to practice in the state and perform within the scope of their practice. This means that the provider must be authorized to diagnose and treat physical or mental health conditions.

What about doctors in a foreign country?

If an employee or an employee's family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the employer must accept a medical certification from a health care provider who practices in that country. This includes second and third opinions.

If a medical certification from a foreign health care provider is not in English, the employee may be required to provide a written translation of the certification.

Key to remember: The FMLA regulations spell out which medical professionals can fill out certification forms.

Electrical safety and control measures

Electrical hazards affect more than just electricians. In fact, 74 percent of workplace electrical fatalities occur in non-electrical occupations, including tree trimming, HVAC, roofing, and painting. Many employees may not be trained to perform electrical work. That means they may not recognize electrical hazards.

An OSHA toolbox talk (OSHA 4496) outlines how to prevent injury when using electrical equipment. Specifically, it suggests that you employ the hierarchy of controls: elimination/substitution, engineering controls, administrative controls, personal protective equipment, and work practices.

Extension cords: 5 things to know

OSHA’s requirements for flexible cords and cables, at 29 CFR 1910.305(g), were cited nearly 1,300 times last fiscal year, according to OSHA enforcement data. A new publication (OSHA 4495) explains the top five things you and your employees should know about using extension cords safely.

Grain safety poster

Suffocation and falls are the two leading causes of death at grain handling facilities. Other hazards include fire, explosions, electrocution, and injuries from improperly guarded machinery. Exposures to grain dust and associated airborne contaminants can also occur. Such contaminants might include molds, chemical fumigants, and gases from decaying and/or fermenting sileage.

Each year, OSHA partners with several organizations to sponsor Stand Up 4 Grain Safety Week. The event takes place March 30 to April 3 this year. A printable poster (OSHA 3967) highlights the event and lists seven steps to grain safety.

Silica hazards in countertop work

OSHA and NIOSH have identified exposure to silica as a serious health hazard to workers. These workers might be involved in manufacturing, finishing, and installing natural and engineered stone countertop products. However, the respirable crystalline silica hazard can be mitigated in most countertop operations with dust control methods. These are spelled out in OSHA’s silica standards for general industry (29 CFR 1910.1053) and construction (29 CFR 1926.1153).

An OSHA/NIOSH Hazard Alert (OSHA 3768) explains silica hazards in the stone countertop industry, why it’s a concern, how to protect workers and control exposure, and more.

Responding to OSHA inquiries on complaints and referrals

A call from OSHA asking about alleged hazards reported in a complaint or referral can be stressful. Knowing what’s involved can help you prepare. The agency says it will work with you to address the matter through a timely and adequate response. According to OSHA, if the issues are resolved through this process, an onsite inspection is generally not conducted.

A fact sheet (OSHA 4498) for small employers outlines the inquiry process from initial contact to resolution, tells you what happens at each step, and provides best practices for a safe and successful outcome.

Key to remember: Several new OSHA publications provide guidance and information on a variety of topics, from electrical safety to the OSHA inquiry process.

Hidden in plain sight

When Sebastian walked into the office each morning, no one could see the weight he carried. Deadlines were met, meetings attended, yet his smile never faltered. Inside, stress and anxiety were taking a toll, and his story isn’t unique.

One study showed a very interesting contrast: most employees (about 77%) stated they were comfortable supporting a coworker’s mental health. However, when it comes to their own stress or burnout, 42% worry that opening up about it or seeking help could hurt their career or make them a target. Even more striking, one in four have thought about quitting because of mental health challenges. And it’s not just long-term stress. A recent Gallup poll found that 41% of workers felt highly stressed just “yesterday.”

These statistics underscore a troubling theme that employees value and wish to nurture mental wellness; however, stigma, insufficient support, and overwhelming stress persist. Employers need to begin recognizing and proactively addressing workplace mental health in order to cultivate resilient, productive teams.

What one state is doing

The state of Michigan is piloting a new initiative aimed at improving workplace mental health which is increasingly being recognized as an occupational safety and health issue. This expands the state’s historically stringent approach to reducing on-the-job risks.

Michigan’s LEADS program—short for Learn, Educate, Act, Deploy, Study—is a four-month initiative designed to give employers practical tools to tackle stress, burnout, and communication breakdowns that often lead to safety incidents. The idea is simple: when communication falters and stress goes unchecked, mistakes happen. Those mistakes can mean more human errors, higher injury rates, quiet quitting, and turnover.

One of the program’s key features is an evidence-based organizational assessment. Think of it like a safety audit that’s focused on mental health risks rather than physical hazards. Employers get a clear picture of issues such as heavy workloads, unclear roles, workplace conflict or bullying, and weak support systems that can quickly erode a strong safety culture.

The end goal of the LEADS program is not to replace existing safety programs but rather strengthen them. Consider joining Michigan in their effort to enhance communication, better define workers’ roles, support unfettered reporting, and more effectively engage employees.

Key to remember: Stress doesn’t just weigh people down; it can have significant safety and productivity consequences. Programs like Michigan’s LEADS pilot initiative are giving employers the ability to tackle stress and burnout before they lead to mistakes, injuries, or turnover.

What is an electrolyte?

Pure water will not carry an electric current, but adding sulfuric acid creates an electrolyte solution that allows the electric current to pass. Employees may need to mix concentrated sulfuric acid with distilled (pure) water to make the electrolyte solution.

The chemical reaction of mixing sulfuric acid with water can generate heat, resulting in a violent reaction. Because of this reaction, when mixing an electrolyte solution for forklift batteries, always add acid to the water to avoid the hazard of smoking and splattering.

When transferring acid from a large container, it’s a good idea to use a siphon. It’s much easier to control, reducing the chance for spilling or splashing. Splashed acid will eat holes in cloth and skin, so wearing protective equipment during this task is essential, including gloves, long sleeves, and goggles.

Maintaining battery cells

Normal forklift operations cause water in the battery cells to evaporate. If the fluid level in the cells is low, add distilled water before charging. Never add water immediately after a charge.

When the electrolyte level is low, clean off the top of the battery. Remove the battery’s filter caps and add distilled water to the cells. Be sure that the filter caps are tightened securely after the cells are filled.

If workers are not fully trained and authorized to perform this function, they must not attempt to add fluids of any kind to batteries.

Letters of Interpretation

As clarified in an OSHA Letter of Interpretation (LOI) dated October 18, 1995, “When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred and a permit is required, regardless of whether there is an intent to fully enter the space.”

This definition of “entry” might seem to be too strict. Still, OSHA’s letter clarifies that there are situations where a partial entry would be hazardous: “Examples of situations where entry by only part of the body into a PRCS can expose an entrant to the possibility of injury or illness are as follows:

1. An entrant can possibly suffer a burn while reaching into a PRCS, which is so classified because it contains a thermal hazard.
2. An entrant can possibly fall into a below-grade PRCS while standing on a vertical ladder in the opening of the space, which is so classified because it contains an oxygen-deficient atmosphere.
3. An entrant can possibly become unconscious as result of his head accidentally entering a PRCS while they are reaching into a PRCS, which is so classified because it contains an oxygen deficient atmosphere.”

As another example, if the space contains a flammable or oxygen-enriched atmosphere, and if the activities during a partial entry could produce a spark or other ignition source, then a fire in the space could flash out of the opening and cause serious injuries to the employee.

OSHA’s guidance continues

This doesn’t necessarily mean you’d be fined if a permit wasn’t followed when someone reached a tank. OSHA’s guidance continues: “However, if entry by only part of the body does not expose the entrant to the possibility of injury or illness, then the violation may be considered a ‘de minimis’ violation.”

A de minimis violation is one in which a standard is violated, but the violation has no direct or immediate relationship to employee safety or health. These violations are documented but no citations are issued.

OSHA says examples of situations where entry by only part of the body into a PRCS would not expose an entrant to the possibility of injury or illness are as follows:

1. An entrant reaches through the opening of a horizontal PRCS, which is so classified only because it contains exposed live electrical parts ten feet from the opening.
2. An entrant puts his head through the opening of an overhead PRCS, which is so classified only because it contains unguarded rotating parts ten feet from the opening.

Also, consider a situation such as a worker reaching through a small grate to take a sample from a permitted space. The LOI further states, “If a part of the body were placed in an opening through which the worker could not pass into the permit-required confined space, no PRCS entry will have occurred.”

Keep in mind, however, that the employee would still need protection from any hazards involved in the task, but a permit would not be needed.

Key to remember

When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred, and a permit is required.

Other exit signage requirements to consider

The International Fire Code (IFC) was not adopted by OSHA; however, it’s likely to be referenced by local fire marshals. The IFC states, “Exit signs are not required in rooms or areas that require only one exit or exit access.” Generally, a room or area that holds fewer than 50 people is permitted to have only one exit. These rooms are typically smaller with an exit that is close and obvious, so an exit sign shouldn’t be needed inside the room. For example, individual offices, small conference rooms, storage rooms, and bathrooms usually don’t have exit signs because the way out is obvious.

Additional requirements for office exits require they:

• Are free of obstructions. No materials or equipment may be placed, either permanently or temporarily, within the exit route.
• Are arranged so that employees aren’t required to travel toward a high hazard area unless the path of travel is effectively shielded from the high hazard area by suitable partitions or other physical barriers.
• Don’t pass through a room that can be locked, such as a bathroom, to reach an exit or exit discharge, or lead into a dead-end corridor.
• Are adequately lighted so that an employee with normal vision can see along the exit route.
• Have each exit route door be free of decorations or signs that obscure the visibility of the exit route door.

Key to remember

When considering exit signs for smaller offices, employers must determine the size of the room, path of travel to an exit, and how obvious the exit would be based on room size. Generally, a room intended to hold fewer than 50 people is permitted to have only one exit and would not require an exit sign.

Contemporaneous defined

OSHA does not define “contemporaneous” in the regulations, but offered clarification in a letter of interpretation (LOI) dated May 15, 2007. The evaluations must be conducted when the signs or symptoms are in the same stage of development, same degree of severity, and the condition is evaluated in similar context.

Opinions obtained on the same day would be contemporaneous. Acceptable time delays may differ depending on circumstances, including the type and severity of the condition. For instance, if the employee’s condition either improved or worsened between examinations, the condition would not be evaluated at the same stage.

An employer presented a scenario in an LOI dated September 24, 2010. An employee fell from a chair, went to the emergency room, and was given restrictions that did not affect his duties. Ten days later, the employee visited an occupational clinic and was released to full duty. Finally, after another four days (14 days after the initial ER visit), the employee visited a chiropractor who recommended days away. The employer wanted to consider the initial opinions as more “authoritative” to avoid recording days away. However, OSHA noted that the opinions were not contemporaneous so the question of authority was moot. The employer had to record the case. The employee’s injury might have worsened due to activities outside work, but since the condition started at work, OSHA considers it work-related.

In another LOI dated February 25, 2011, OSHA offered additional considerations regarding “contemporaneous” opinions to include:

• Whether the examination was in person (reviewing documents is not sufficient);
• Whether the examinations were done on the same day;
• Whether the employee was subjected to additional events or exposures between the examinations; and
• Whether medical treatment, restricted work activity, or days away occurred between the examinations.

Authoritative defined

The regulation at 1904.6(b)(3) defines “authoritative” as the “best documented, best reasoned, or most authoritative.” The 2010 LOI mentioned previously clarifies that the most authoritative opinion is “the best documented, the best reasoned, or the most persuasive.”

OSHA allows employers to make that determination. In fact, the preamble published in 2001 says, “the rule requires the employer to rely on the one judged by the employer to be most authoritative.” Also, a frequently asked question in OSHA’s Recordkeeping Policies and Procedures Manual (CPL 02-00-135) states, “the employer may determine which recommendation is the most authoritative and record on that basis.”

So, if an injured employee gets a recommendation for medical treatment, restrictions, or days away, but the employer obtains a contemporaneous opinion contradicting that recommendation and the second opinion is more authoritative, the employer may follow the second opinion. However, once medical treatment is provided, the employer must record the case. A subsequent recommendation cannot “undo” a recommendation that was already followed or implemented.

Key to remember: Employers can record cases based on second opinions if the evaluation was both contemporaneous and more authoritative.