Workplace Compliance News & Resources

Who: All employers

When: Effective immediately

U.S. Citizenship and Immigration Services (USCIS) updated the expiration date on Form I-9, Employment Eligibility Verification, to May 31, 2027. The agency made no other changes.

Employers must use the Form 1-9 that has the revision date of August 1, 2023. That form may have an expiration date of July 31, 2026, or May 31, 2027. Employers are required to start using the I-9 with the May 31, 2027, expiration date by July 31, 2026. The expiration date of the instructions for Form I-9 was also changed to May 31, 2027.

Employers do not need to update previously properly completed Forms I-9.

How: Update your electronic Form I-9 system to use the form with the May 31, 2027, expiration date as soon as possible but no later than July 31, 2026.

Additional Resources:

I-9, Employment Eligibility Verification Form

Instructions for Form I-9

U.S. Citizenship and Immigration Services

Who: All employers with tipped employees

When: Effective immediately

The U.S. Department of Labor’s (DOL) rule regarding tip credits went into effect on December 28, 2021, and allowed employers to take a tip credit only if the employee spent no more than 20% of their time per week and no more than 30 minutes consecutively performing non-tipped work, such as cleaning tables. On August 23, 2024, the Fifth Circuit Court of Appeals ruled in the case of Restaurant Law Center and Texas Restaurant Association v. U.S. Department of Labor and vacated the. The law is no longer in effect, which affects employers with tipped employees nationwide.

The court stated that the DOL rule violated the Administrative Procedures Act because it contradicted the statutory text of the Fair Labor Standards Act (FLSA) and was arbitrary and capricious. The FLSA permits employers to pay tipped employees $2.13 per hour as long as the combination of that wage and tips equals the $7.25 federal hourly minimum wage (or the state minimum wage, if higher). The ruling will likely result in a significant decrease in the number of wage and hour claims against employers.

How: Review the applicable local or state laws regarding tip credits to ensure compliance.

Additional Resources:

Restaurant Law Center v. U.S. Department of Labor

Regulation

In August of 2023, technical corrections were made to the 40 CFR Chapter I Subchapter I Part 262 – Standards Applicable to Generators of Hazardous Waste rules, and now some of the improvements rules are taking effect on small quantity generators (SQG) and large quantity generators (LQG)s of hazardous waste.

The rule has been adopted in 41 states and is authorized for state enforcement in 12 states. Even if your state has not adopted nor authorized the rule, KPA recommends starting the practice now to ensure compliance.

Applicability

All generators of hazardous waste must comply with the regulation, however, there is a new call to action for small quantity generators and large quantity generators of hazardous waste. Each generator of hazardous waste must determine their own generator status and comply with the requirements for that status. Here’s a summary of the generator categories.

Very Small Quantity Generator (VSQG)²

• Generates <100kg of hazardous waste in a calendar month
• May not accumulate >1000kg of hazardous waste at any time

SQG

• Generate between 100kg and 1000kg of hazardous waste in a calendar month
• Must notify the EPA and obtain an EPA ID number
• May accumulate hazardous waste onsite for 180 days without a permit
• Must comply with hazardous waste manifest requirements when shipping the waste
• Must have a designated emergency coordinator able to respond to emergency situations

LQG

• Generates >1000kg of hazardous waste in a calendar month
• Must notify the EPA and obtain an EPA ID number
• May accumulate hazardous waste onsite for 90 days
• Must comply with hazardous waste manifest requirements when shipping the waste
• Must comply with the preparedness, prevention, and emergency procedure requirements and land disposal restrictions
• Must submit a biennial hazardous waste report

Summary

When the EPA finalized the generator improvements rules there were additional components to the rules for SQGs and LQGs that are approaching a time of renewal.

Renotification of Hazardous Waste Activities

SQGs must renotify the EPA of their hazardous waste activities every 4 years. Renotification is accomplished by completing a new form 8700-12 to the EPA or by updating the information online at myRCRAID. A pdf copy of the 8700-12 can be found here. myRCRAID is an online portal the EPA is pushing all generators to begin using.

LQGs must renotify the EPA of their hazardous waste activities by March 1^st of every even-numbered year. This is typically completed and submitted with the biennial report. Form 8700-12 or the myRCRAID system can be used to renotify.

Individual states may require state notification of hazardous waste activity along with a federal notice. To determine if your state has additional rules look at the table found here.

Arrangements with Local Emergency Responders

LQGs & SQGs must also try to make arrangements with the local emergency services. The purpose of the arrangement is to familiarize the emergency responders with the following:

• Layout of the facility
• Properties of hazardous waste handled at the facility and associated hazards
• Places where facility personnel would normally be working
• Entrances to roads inside the facility
• Evacuation routes
• Types of injuries or illnesses that could result from fires, explosions, or releases at the facility

The generator must maintain records documenting the arrangements made with the local responders or at least document that attempts to plan were made.

LQG Contingency Plan & Quick Reference Guide

All LQGs must have a contingency plan that outlines how designated employees will respond to a hazardous waste incident. This plan must be maintained onsite and revised as needed. A new additional component to the contingency plan is the submission of a “Quick Reference Guide” to local responding agencies. The Quick Reference Guide must include the following:

• The types/names of hazardous waste in layman’s terms and hazards associated with each waste
• Estimated maximum amount of hazardous waste that may be present at any one time
• Identification of hazardous waste where exposure may require special treatment by medical staff
• Map of the facility showing where hazardous wastes are generated, accumulated, and treated
• Street map of the facility in relation to surrounding businesses
• Locations of water supply
• Description of onsite emergency notification systems
• Names of the emergency coordinator and 24-hour emergency contacts

The LQG must submit the Quick Reference Guide to local emergency responders when drafted and whenever it is modified.

Guidance

KPA is ready to assist all clientele in complying with the additional generator improvement rules as more states adopt and become authorized to enforce the rules.

Determine if you generate hazardous waste

The first step is to determine if you generate hazardous waste. Common hazardous wastes in an industrial setting can include the following:

• Ignitables (gasoline, parts cleaners, thinners, waste paints)
• Corrosives (battery acid, cleaners marked as corrosive)
• Toxics (drain trap sludges, used filters)
• Reactivity (items found in detonating devices such as an airbag, and lithium-ion batteries)

Some states (CA and MA) manage used oil as a hazardous waste as well. KPA consultants can assist you with waste determinations if this task has not already been completed. Remember that all unknown wastes must be treated as hazardous until they are proven to be non-hazardous.

Determine how much you generate

Next, determine how much waste you generate. Remember that the generator categories are determined by how much total hazardous waste is generated in one calendar month, not necessarily how much is shipped off-site for treatment. 100kg of waste is equivalent to about 220 lbs. of waste or about half of a 55-gallon drum. So, if you generate a full 55-gallon drum of waste in one month, your facility will at least be an SQG.

Comply with any new requirements that apply to your facility’s generator status

VSQG: If your facility is a VSQG there are no additional steps that must be taken to comply with the new rules.

SQG: If your facility is a SQG, then you must begin to renotify the EPA of your generator status every 4 years. Fill out the 8700-12 and submit to the EPA or utilize myRCRAID. When myRCRAID is used, your facility will be setup for easier future notifications. A user guide for myRCRAID is found here. Check with your state regulations as they may have a different procedure for renotification to their environmental agency. Your facility must also attempt to make arrangements with local emergency responders.

LQG: If your facility is a LQG then you must begin to renotify the EPA of your generator status every even numbered year by March 1^st.. See the SQG note above about how to renotify. Check with your state regulations as they may have a different procedure for renotification to their environmental agency.

If you need a “Contingency Plan” or the “Quick Reference Guide,” please contact your KPA consultant.  KPA has additional services to help your facility meet these new requirements being introduced by the EPA.   In the state of California, the “Hazardous Materials Business Plan” serves as your contingency plan but does not contain the quick reference guide.

Sources

¹California Department of Toxic Substances Control: Generator Improvements Rule

https://dtsc.ca.gov/regs/gir/

² Environmental Protection Agency: Categories of Hazardous Waste Generators.

https://www.epa.gov/hwgenerators/categories-hazardous-waste-generators