DG Digest: TWO Regulatory Preemption Considerations from PHMSA and More – OSHA, FMCSA, FRA, EPA

Here we are in 2026! Hopefully, everyone had a chance for a little down time during the holidays. Now it’s time to put our noses to the grindstone and bull through till warmer weather arrives. Don’t forget to make sure that your winter weather contractor is ready to go after the holidays as well, so snow and ice doesn’t become a safety issue at your workplace. Meanwhile, here’s the first set of “news you can use” for the new year:

PHMSA

The agency is currently considering a request for federal preemption of a California regulation that mandates that certain propane cylinders must be refillable or otherwise reusable. See the link below for a discussion of the situation and current status of the request:

2026-00232.pdf

In a second preemptions request consideration, the agency is pondering whether the HMR preempts some state rules regarding required safety markings (and associated employee training) on cargo tanks carrying gasoline. See that discussion below:

2026-00231.pdf

OSHA

The agency published a direct final rule that revises and provides technical corrections to the US 29 CFR 1910.1200 Hazard Communication Standard (HCS). This rule largely does things like correct spelling and enumeration errors in the current text. However, some more substantive changes occur in some of the appendices, with the “Chemicals Under Pressure” hazard finding its way into hazard statements and labeling requirements. There is also further refinement to the standards for corrosive classification testing. The rule also substitutes use of the word “sex” for the word “gender” in any section where that term previously appeared in the text. See the rule here for a full discussion of the changes made:

2026-00147.pdf

EPA

The agency withdrew the direct final rule from last fall that modified requirements under the Community Right To Know (“EPCRA”) Program. Instead, the action will now undergo the more typical NPRM process for comment and modification prior to re-finalization. See the action here:

 2026-00259.pdf

FMCSA

The agency issue a final rule permitting states to exempt CDL drivers from the hazmat endorsement requirement when transporting 1000 gallons or less of jet fuel for use in agricultural support operations. The rule does not mandate the granting of such exemptions. See the rule here:

2026-00269.pdf

FRA

The agency published its 2026 required drug and alcohol testing rates for covered employees of the nation’s rail carriers. The rates remain largely unchanged, although alcohol test rates were slightly lowered for mechanical employees only. See the full notice here:

2026-00167.pdf

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