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Truck accident

FMCSA Data May Begin Excluding Unpreventable Crashes

Drivers and motor carriers may ask the Federal Motor Carrier Safety Administration (FMCSA) to strike records of “not preventable” crashes from the agency’s statistics. The agency announced its data-correction provisions, the Crash Preventability Determination Program, in the May 6 Federal Register (85 FR 27017).

Pesticide spraying and application

EPA Revises Pesticide BE Method Under Endangered Species Act

Under the Endangered Species Act (ESA), the EPA is required to conduct biological evaluations (BEs) of pesticides to determine their effects on endangered and threatened species (listed species) and their critical habitats. The Agency has now issued a nonregulatory method for conducting BEs.

Air emissions, pollution

EPA’s Proposed Cost-Benefit Analysis Rule Seeks Consistency, Transparency, and Public Comment

The EPA proposed a new rule on June 11, 2020, that would impose specific requirements for the Agency to utilize uniform and transparent “high-quality analysis” in its statutory obligations in the rulemaking process under the Clean Air Act (CAA). Many statutes, including the CAA, include cost consideration language but do not provide exact guidelines or […]

Supreme Court Rejects One Vax Mandate, But Employers Urged to Stay Tuned

The U.S. Supreme Court’s rejection of a major part of the Biden administration’s plan to boost the vaccination of workers against COVID-19 means many large employers can stand down on their plans to comply with a rule requiring the shots or testing, but they are free to institute their own mandates as long as such […]

Texas ERCOT Granted Sovereign Immunity

In June 2023, the Texas Supreme Court narrowly ruled that the Electric Reliability Council of Texas (ERCOT) is protected by sovereign immunity laws, which generally protect government entities from civil lawsuits. In a 5 to 4 ruling, the all-Republican Court found that ERCOT, which manages most of Texas’s power grid, qualifies for sovereign immunity because […]

Breaking the Chain of Repeat Accidents

Yesterday’s Advisor conducted something of a forensic examination into the causes of repeat accidents. Today we turn to strategies for breaking that expensive and demoralizing chain. Armed with yesterday’s information about the people and places most likely to be involved in repeat accidents, as well as some contributing factors, we’re ready to move on to […]

Back to Basics: DOL Safety Litigation

Back to Basics is a weekly feature that highlights important but possibly overlooked information that any EHS professional should know. This week, we examine how the Department of Labor handles safety litigation. When the Occupational Safety and Health Administration (OSHA) cites an employer for safety and health violations, the employer may simply document steps taken […]

Do Retailers Have To Deal with Hazardous Waste?

The U.S. Environmental Protection Agency (EPA) recently announced its strategy to “ease the burden of managing hazardous wastes in a retail setting.” But, how helpful will these actions be for retailers faced with numerous and varied hazardous wastes and the convoluted regulations surrounding the Resource Conservation and Recovery Act (RCRA)? Yesterday we examined EPA’s plans […]

7 Training Tips for Hazmat Transportation

Make a plan. PHMSA suggests the plan include a statement of purpose and the benefits of thorough and regular employee training as appropriate to the job function(s), the company, and its resources. The plan should include specific directions on evaluating the effectiveness of training and directions for completing administrative tasks, such as recordkeeping and scheduling. […]