Things you should know

EPA delays data submission date for 'forever chemicals' reporting rule

The Environmental Protection Agency is delaying the data submission period for a final rule requiring manufacturers and importers of per- and polyfluoroalkyl substances to report information on PFAS use, exposures and hazards.

According to a direct final rule published Sept. 5, EPA has pushed the beginning of the submission period to July 11, 2025, because of budgetary constraints. Previously, that period was set to begin Nov. 12 of this year.

CPWR offers tips on exposure control to nanomaterials in construction

In a new fact sheet, The Center for Construction Research and Training (CPWR) cautions that Safety Data Sheets "often fail to provide adequate information about the types of nanomaterials used in construction products and their hazards." While nanomaterials can improve the performance of paint and coatings, they pose health risks. The fact sheet explains the risks and the possible mitigation steps.

New report on mental health in construction

Nearly one out of five construction workers report having anxiety or depression, and most haven't sought expert help according to a new report from CPWR. With the highest overdose death rate and the second highest suicide rate, the construction industry must address root causes, including work-related factors to combat mental health issues according to the report.

Home Depot stops drug testing for marijuana in most cases

Effective September 1, Home Depot has removed marijuana from its drug-testing screening panels in the U.S. for most job candidates and employees. It will suspend testing for people applying for work at the company except for asset protection and corporate-security roles.

It is removing cannabis from its employee drug testing program, including reasonable suspicion and post-accident testing. Drug testing will no longer be required for lift and material equipment certifications. However, drug testing will continue for employees who fall under U.S. Department of Transportation requirements.

Commercial Vehicle Safety Alliance's International Roadcheck results

Commercial motor vehicle enforcement personnel in Canada, Mexico, and the U.S. conducted 48,761 inspections during this year's International Roadcheck, which took place May 14-16. Inspectors discovered 13,567 vehicles, 2,714 drivers, and 163 hazardous materials/dangerous goods (HM/DG) out-of-service violations and placed 9,345 commercial motor vehicle combinations and 2,290 drivers out of service. The total overall vehicle out-of-service rate was 23 percent and the driver out-of-service rate was 4.8 percent. Defective service brakes were the top vehicle violation, representing 25 percent, followed by tires (20.8 percent) and other brake violations (18.3 percent). The leading causes of driver out-of-service violations were hours of service (32.1 percent), no commercial driver's license (25.4 percent), and no medical card (11.2 percent).

NTSB chair calls out Boeing for 'safety culture problem'

The chair of the National Transportation Safety Board (NTSB) told new Boeing Co. CEO Kelly Ortberg that the plane maker "has a safety culture problem" that must be addressed. She noted that the workforce does not trust Boeing and fears retaliation.The NTSB is investigating a Jan. 5 Alaska Airlines Boeing 737 MAX 9 in-flight emergency when a door panel that was missing key bolts blew out at 16,000 feet. It is requesting more information in the probe and will soon conduct a safety culture survey of Boeing.

New data clearinghouse aimed at advancing worker well-being

The Health Enhancement Research Organization and the Office for Total Worker Health at NIOSH have teamed up to develop an online portal for safety researchers and employers. The HERO Worker Well-Being Clearinghouse is an open-source database that houses "de-identified" data from the NIOSH Worker Well-Being Questionnaire, or WellBQ. Users of WellBQ will receive a report with their results and can opt to share anonymous data with the clearinghouse.

Top states for hurricane risk and storm surges

The top ten states for hurricane risk according to the Guidewire HazardHub Hurricane Risk Model, are:

1. Florida
2. Louisiana
3. South Carolina
4. Texas
5. Mississippi
6. North Carolina
7. Delaware
8. Georgia
9. Alabama
10. Virginia

The percentage of housing units at risk of storm surge flooding in high-risk states for hurricanes are

• Louisiana - 52 percent
• Florida - 34 percent
• South Carolina - 21 percent
• Delaware - 20 percent
• Virginia - 13 percent
• Mississippi - 9 percent
• North Carolina - 7 percent
• Texas - 5 percent
• Georgia - 4 percent
• Alabama - 3 percent

Traffic safety awards provide insights into building safe driving programs

The Our Driving Concern Texas Employer Traffic Safety Program is an initiative of the National Safety Council funded through a grant from the Texas Department of Transportation. Employer Traffic Safety Awards are presented and can provide helpful guidance on best practices to improve safe driving programs.

State News

California

• Governor Newsom signed a bill delaying until Jan. 1, 2028, the requirement that all contractors carry comp coverage even if they don't have any employees. He also signed SB 988, which requires employers who hire certain specified "freelance workers" (independent contractors) to provide a written agreement that sets forth certain terms and requires compensation be paid by certain deadlines.
• Governor Newsom vetoed bills that would have required some utilization review doctors to be licensed in the state and would have increased salaries for fraud investigators at the Insurance Department. He also vetoed SB 1299, which would have created a presumption of compensability for certain heat-related injuries suffered by agricultural workers.

Florida

• The National Council on Compensation Insurance (NCCI) is recommending a one percent average decrease for the voluntary market. It's the smallest decrease in more than seven years and is largely the result of higher reimbursements for physicians, starting in January 2025.

Illinois

• Governor J.B. Pritzker has signed into law Senate Bill 3646, repealing the state's prior child labor law and replacing it with the Child Labor Law of 2024 which strengthen protections for minors under 16. He also signed S.B. 3151 that requires any school district offering driver's ed courses to include instruction on awareness of workers in highway construction zones, effective immediately.
• The recent amendments (HB 3773) to the state's Human Rights Act will prohibit employers from using AI in ways that result in workplace discrimination and require employers to provide notice to applicants and workers if they use artificial intelligence for hiring, discipline, discharge, or other workplace-related purposes starting in 2026.

Massachusetts

• The Supreme Judicial Court recently ruled that while employees must be restored to their previous status upon return from the state's mandated paid family and medical leave, employers generally have no obligation to allow employees to continue accruing benefits, such as seniority, vacation, and sick time, while they are on leave. Bodge v. Commonwealth

Minnesota

• The Department of Labor and Industry (DLI) annually updates workers compensation fee schedules by Oct. 1 of each year. Updates to the medical fee schedules are here. Updates to vocational rehabilitation maximum fees and independent medical examination (IME) maximum fee are here.
• The DLI intends to adopt proposed permanent rules amending the registration processes and requirements of workers compensation rehabilitation providers in Minnesota Rules, Chapter 5220. A copy of the notice and the proposed rules.
• Minimum wage rate will be adjusted for inflation on Jan. 1, 2025, to $11.13 an hour for all employers in the state.

New York

• Governor Hochul signed S8358C, the Retail Worker Safety Act (RWSA), into law, which has significant implications for retail employers with at least 10 employees working at a retail store. Among other things, the law requires adoption and implementation of a workplace violence prevention policy and annual workplace violence prevention training for employees to be implemented by March 4, 2025. Retailers who employ 500 or more retail employees nationwide have an additional obligation to install panic buttons throughout the workplace or to provide employees with a wearable or mobile phone-based button, which will immediately contact 911, provide the employee's location information, and dispatch local law enforcement. This requirement goes into effect on January 1, 2027.