EMA Compliance Bulletin: Annual OSHA Workplace Injury and Illness Posting Begins February 1^st

The 2024 posting cycle for OSHA’s workplace injury and illness recordkeeping rule begins on February 1, 2025, and runs through April 30, 2025. OSHA requires employers with more than ten employees to record and post work-related injuries and illnesses that occurred during the previous calendar year as set forth in 29 C.F.R. Part 1904 in a visible workplace location. Additionally, employers with 250 or more employees, and establishments with 20-249 employees in OSHA-specified industries with historically high rates of occupational injuries and illnesses, are required to electronically submit 2024 injury and illness data on Form 300A by March 2, 2025, using the Agency’s Injury Tracking Application.

This compliance bulletin identifies covered workplaces within the petroleum marketing industry and indicates whether, and how, the establishment must comply with the OSHA injury and illness recording, posting, and reporting requirements.

Inside the Beltway Update

Yesterday, EMA, along with NACS, SIGMA, NATSO, NEFI and NPGA, sent a letter to the Trump Administration urging them not to impose tariffs on imported crude oil and refined petroleum products. Levying tariffs on crude oil and other petroleum product imports would increase the price of gasoline, diesel fuel, heating oil, and propane for millions of American consumers. Click here to read the letter.

The Senate made quick work of President Trump’s initial wave of cabinet nominations this week, confirming nominees to lead key federal agencies including Pete Hegseth to lead the Department of Defense, Gov. Kristi Noem to lead the Department of Homeland Security, Gov. Doug Burgum to lead the Department of the Interior, former Congressman Sean Duffy to lead the Department of Transportation, and Scott Bessent to lead the Department of the Treasury. The Senate also confirmed former Congressman Lee Zeldin to be the Administrator of the Environmental Protection Agency and took the first procedural steps to confirm Secretary of Energy nominee Chris Wright.

House Republicans met with President Trump and other key stakeholders in Florida this week to build consensus on key legislative priorities including annual appropriations, the debt limit, and budget reconciliation legislation. During the retreat, House Republican leaders proposed an ambitious floor schedule, with fiscal year 2025 spending bills to be considered in early to mid-March, followed by reconciliation legislation in April, and fiscal year 2026 spending bills before Summer 2025. Initial indications suggest the proposed timeline may shift as Republicans continue to lack consensus on the size and scope of a reconciliation package. Nevertheless, President Trump this week expressed support for enacting energy legislation through the budget reconciliation process, including bolstering several Trump Administration directives on drilling and exploration.

On the tax front, Rep. Beth Van Duyne (R-Texas) recently proposed legislation to eliminate the Section 45Z clean fuel production credit. This tax incentive, created under the Inflation Reduction Act, promotes the production of biofuels. The proposed legislation, H.R. 549, seeks to fully revoke the 45Z credit. After its introduction, the bill was sent to the House Committee on Ways and Means. Currently, no other members of Congress have signed on as co-sponsors. EMA will monitor legislative developments inside the Beltway, as well as regulatory actions stemming from the Regulatory Freeze Executive Order at the agencies.

Meanwhile, significant attention in Washington was focused on implementation of President Trump’s early executive actions on federal funding. On Monday, the Office of Management and Budget (OMB) instructed all federal agencies to temporarily freeze payment of federal financial assistance under most funding programs on Tuesday. The OMB memo instructing the freeze immediately prompted several lawsuits, including by state attorneys general, with a federal district court subsequently staying the temporary pause. Following the court’s decision, OMB rescinded its memo, though the Trump Administration has indicated the recission does not prevent federal agencies from continuing to implement funding freezes, including under separate executive orders directing a pause on certain funds provided by the Inflation Reduction Act and the Infrastructure Investment and Jobs Act.

Finally, the Trump Administration is planning to change the composition of important advisory committees at the U.S. Environmental Protection Agency. On January 28, 2025, Acting EPA Administrator James Payne fired all members of the Clean Air Scientific Advisory Committee (CASAC) and Science Advisory Board (SAB) “to ensure that the agency receives scientific advice consistent with its legal obligations to advance our core mission.” The EPA will seek nominations in the coming weeks to fill the positions.

The CASAC supports EPA in regulatory decision-making under the National Ambient Air Quality Standards, which might indirectly affect energy marketers through regulations on emissions and air quality upstream. The SAB offers advice on a range of issues.

Regional Hours of Service Waiver Extension and Modification for Heating and Transportation Fuels

On Monday, the Federal Motor Carrier Safety Administration (FMCSA) granted an extension AND modification of the January 10 multistate Hours of Service (HOS) waiver for heating fuels, including heating oil, propane, and natural gas. The extension of the regional waiver for heating fuels now will be in effect through February 15, 2025, or the end of the emergency, whichever is earlier. The modification also includes the addition of GASOLINE and DIESEL FUEL to the waiver and the end of the HOS waiver in five States.

The original regional waiver, which was set to expire today, January 31, 2025, included the 48 lower states and the District of Columbia, and was based on distribution issues caused by the ongoing extreme cold weather event. FMCSA’s HOS waiver was for direct assistance in interstate transportation of heating fuels incident to the immediate restoration of essential supplies or services. The modified waiver now adds gasoline and diesel fuel, effective immediately. However, based on FMCSA’s extension and modification, after January 31, 2025, the HOS waiver will not apply in Kansas, Michigan, Missouri, Nebraska and Ohio (initially Indiana, Illinois, Iowa and Minnesota were not included in the extension and modification but were added back in a revised extension on Wednesday).

Important: The FMCSA waiver covers interstate shipment of heating fuels, gasoline and diesel fuel in and out of the jurisdictions listed in the waiver declaration.

Important: Further, FMCSA’s HOS waiver does not cover intrastate only shipments (deliveries that stay within the boundaries of a single state). State governors must issue waivers for intrastate shipments within their boundaries. All the state emergency declarations can be viewed here.

Click here to review and download FMCSA’s HOS waiver. Contact EMA Vice President Sherri Stone or EMA Regulatory Counsel Jeff Leiter or Jorge Roman with any questions.

Weekend Reads

The Elon-ification of the federal government | AXIOS

Trump administration asks Supreme Court to hit the brakes on California vehicle emission lawsuit

US moves to repeal Biden administration vehicle fuel economy standards

Here’s how much gas could cost you if Trump’s threatened tariffs go through

Federated Insurance: It’s Your Life
Will Your Life Insurance Policy Die Before You Do?

When was the last time you reviewed your life insurance coverage? Without regular reviews, it can be difficult to answer important questions about your policy.

Review Your Life Insurance.

Your life insurance policy is important, but letting it sit without checking it can be risky. When reviewing, ask yourself:

• Are the beneficiary designations still correct?
• Has the credited interest rate changed on permanent policies?
• Have you missed or changed the amount of a premium payment, not received a dividend, or taken a loan?
• Most importantly, does the amount of coverage, purpose, and projected duration still match your goals?

Without answers to these questions, it can be hard to know if your policy will be there when you need it for the reason you bought it. Your policy might be performing differently today than when you originally purchased it.

What’s the Solution?

Ask for an annual life insurance policy review. This provides an opportunity to assess your current coverage and needs. The goal is to identify any gaps in your insurance coverage and take corrective action to gain peace of mind.

To help avoid unexpected surprises, take steps to review your policies today. Plan ahead by contacting your Federated regional representative or EMA’s National Account Executive Patrick Cunningham at 507.455.8935 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.

At Federated Insurance, It’s Our Business to Protect Yours®

This article is for general information and risk prevention only and should not be considered another other offer of insurance or legal, financial, tax, or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all losses. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. This information is current as of its publication date and is subject to change. Some of the services referenced herein are provided by third parties wholly independent of Federated. Federated provides access to these services with the understanding that neither Federated nor its employees provide legal or other expert advice. All products and services are not available in all states. Qualified counsel should be sought with questions specific to your circumstances. All rights reserved.

EMA Platinum Partner Spotlight Featuring: Meridian Associates, Inc.
5 Missing Links Causing Unnecessary Stress in Ownership Transfers by Betsi Bixby

Many owners tell me they want to pass on their company ownership to either their children, their employees, or in some cases, a buyer. Any of these are a great aspiration. But, as the transfer date approaches, or when they want to retire, the road can get bumpy. Those bumps are usually due to one or more of these five missing links. The great news is that each is curable and the earlier you know about them, the better.

Missing Link #1 – Too few leaders. I’ve discovered over the years that many family companies have only one or a handful of key people that can make effective sound decisions and set company vision. Often, the owner has his hands in just about everything because developing leaders has not been a priority. Even when there are back-up leaders, I often find they are similar in age to the owner and wanting to retire themselves. So just as a successor, family or otherwise is taking the reins, a lot of institutional knowledge and wisdom is leaving or about to leave.

Solution: Develop leaders and don’t be the lone ranger! This calls for a leadership development plan. You may want our professional assistance with that but for the do it yourself version, start by listing the key drivers of your business. Supply procurement, pricing, customer development, operations, etc. You will specifically work towards a three-layer depth of knowledge and leader development in those critical areas first.

For example, perhaps as owner you negotiate supply contracts. As you prepare for transition, start training a number two and a number three in exactly how you do that, what factors into your decisions and approaches and why, plus share your contacts and start developing relationships as needed. Yes, this takes deliberate planning, and it takes time, plus breaking old habits is easier and faster to do yourself. Click here to read the article in its entirety.

To learn more about EMA’s Corporate Platinum Partner, Meridian Associates, please visit or contact them at 817-594-0546.