BY TOM BADSTUBNER, RYAN COMBEST, MIKE DODD, RICK SCHWEITZER, AND STEVE GUGLIELMO
We had the opportunity to speak with GAWDA’s amazing Consultant team ahead of this year’s Spring Management Conference in Oklahoma City. The Consultants will be on site in OKC, so if you have any questions you want answered, make sure to stop by the GAWDA Booth during the Contact Booth Program.
Last issue, we spoke about the upcoming year. This issue, we had an opportunity to discuss enforcement trends that have emerged over the first several months of 2026, as well as discuss important world events that are impacting the industry.
The GAWDA Consultant Program is a GAWDA member benefit that is included as part of your member dues to the association. It is consistently rated as one of the most valuable member benefits that GAWDA provides. Thank you to Tom Badstubner, GAWDA’s FDA and Medical Gases Consultant, Ryan Combest, DHS, EPA and OSHA Consultant, Mike Dodd, DOT Consultant, and Rick Schweitzer, Government Affairs and Human Resources Consultant, for lending their time and expertise to discuss these important topics. The following is a lightly edited transcript of that conversation.
Welding & Gases Today: Thank you all for taking the time to speak with us for the Q2 Issue of Welding & Gases Today. This issue will be on site at the SMC in Oklahoma City. But before we jump into important dates and notes, the GAWDA Spring Professional Compliance Webinar and Seminar took place at Chart in Ball Ground, Georgia, from March 17-19. How did that event go?
Michael Dodd: I think it went very well. We had about 12 or 13 in-person attendees and we had more than double that online. For each of the three days it was different. I think this might have been a record for online vs. in-person attendance.
Rick Schweitzer: It’s because nobody wanted to go to the airport.
WGT: Air travel issues aside, was there anything interesting that came out of it? Or anything members need to know ahead of the Fall Compliance Seminar at Weldcoa?
Mike: We had a lot of first timers, which was great to see. And we’ve had a lot of people retire over the last few years and I think we’re seeing a lot of their replacements attend. I think it’s great, because a lot of them have been talking to us, emailing us, etc. But this was the first time we got to meet them in-person. And it seems like that in-person connection goes a long way. They feel a lot more comfortable down the line talking, calling, communicating, etc.
WGT: Absolutely. So, presuming that we’ve got the airport situation figured out before October, you would still definitely encourage people to come in person when it’s at Weldcoa?
Mike: We always encourage in-person for several reasons. I think they get a lot out of it. I think they’re probably more focused than they would be if they’re in the office still, and they get to meet with the other people and talk with them and ask them questions about how they’re doing things. And they get to make certain connections. It’s different when you’ve met in person. Now, when they’ve got an issue, they can contact that person directly.
Tom Badstubner: We actually had 51 registrants this year. I think it went very well. And the virtual component is really helpful for people who cannot travel, because of family or travel-related issues. But I agree with Mike, it really helps to be on-site for that networking component.
WGT: Absolutely. I don’t know if you know this off hand, but if you do, what is the mix or percentage of people that attend the monthly Safety & Compliance webinar compared to people who attended this?
Mike: I don’t know that off hand, but I believe most of those that are attending monthly probably weren’t the people that came to the class. But it would be interesting to compare those.
WGT: Between now and the SMC in May, is there anything noteworthy that’s happening? Any due dates? Anything you’re noticing from the departments that members need to be aware of?
Tom: In March, the CARES Report was due. So, if your CARES Report has not been completed, then that needs to be prioritized. In April, the FDA publicly released the list of firms who were non-compliant with their CARES reporting. Also, in June, each firm should be reviewing their label listings with the FDA to make sure the labels are still correct. Those are the only deadlines that are happening in second and third quarters.
WGT: How about from an enforcement perspective? Any trends you’re seeing come out FDA?
Tom: Well, it’s a little early to know how they’re going to enforce the new regulations that were effective on December 18th, 2025. The FDA released new draft guidance in March regarding how to respond to FDA Form 483, which is their notice of observations. An FDA Form 483 is really your violation notice and now the FDA’s expectations for a response are a lot more detailed. We discussed that in the Safety Manager’s Safety Meeting in March. It will be much more difficult to respond to the FDA in a way that they consider to be acceptable than it ever has been in the past. The message is, you help yourself if you prevent violations in the first place. And that means regular quality management follow-up and regular self-audits to be certain of your compliance.
WGT: Absolutely. All right, Mike, how about for DOT? Any dates we need to keep in mind and any trends?
Mike: The next date that comes up in DOT for deadline would be June 30th or July 1st for HAZMAT registration. That’s the only date coming up. Then the next one goes all the way to the end of the year.
WGT: How about any kind of enforcement or trend type phone calls you’re getting? Anything you’re seeing more of?
Mike: I don’t know if you’d call it a trend or not, but we’ve had probably as many audits from the Pipeline Hazardous Materials people coming into check out cylinder requalifiers as we’ve had federal motor carrier people coming to do the truck and driver issues. So, I’d say it’s kind of evenly split and I don’t know if it’s an upturn or downturn. It seems like it’s normal.
And thankfully, most of the audit results are positive compared to years ago. I think our members are doing a much better job of record keeping and I’m sure it’s because of all the things we send out on a constant basis to remind them to do these things, and we make it a real point of emphasis. Tom and I make it a real point in our monthly call to talk about audits and how to prevent problems. So, I think that’s paying off.
WGT: Ryan, anything you’re seeing with DHS or OSHA?
Ryan Combest: The DHS shutdown continues. With regard to OSHA, the updated Hazardous Communication Standard has its first compliance deadline approaching for “manufacturers, importers, distributors and employers” to update their Labels and Safety Data Sheets for substances by May 19, 2026. For more information on the final rule and compliance deadlines checkout OSHA’s website (https://www.osha.gov/hazcom/rulemaking), GAWDA Safety Organizers and Safety Managers Meeting presentation February 18, 2026. Please reach out if you have any questions.
WGT: And how about you, Rick?
Rick: I don’t have any dates or enforcement things. I spoke yesterday on the monthly call about all the actions that the administration is taking to try to break down the price of oil. And increase the supply. So that’s obviously a major focus for the entire government right now.
But from a DOT standpoint, there are probably three rulemakings that are going to take place, most likely, this year that could affect GAWDA members and their truck drivers. The first one is the requirement that CDL testing has to be done in English only. The Secretary of Transportation has made this a priority and said he was amazed to learn that, in California, for instance, you can take the CDL test in 20 different languages. We have a requirement now that you’re going to be put out of service if you can’t speak English proficiently and read highway signs. So, it makes no sense to not give the test in English as well. That’s going to be a rule making that ties in with what they’re already doing on the English language proficiency enforcement.
The second one has to do with entry level driver training. You have to get a certification that you’ve received a specific amount of training from a training provider that is listed on the training provider registry at FMCSA, but it’s a self-certification process. The training providers just say, “We’ve got a training program, we certify that we meet all of the FMCSA standards” and so they list themselves on the training provider registry. Up until recently there were about 16,000 of those companies and the DOT has now delisted about 7,000 of them. So, they are going to do a new rule making on entry level driver training that’s going to get rid of that self-certification process. Presumably there will be somebody, either a DOT or some third-party, that will certify whether or not training providers actually do meet the federal standards.
And then, the third one involves electronic logging devices on your truck. A lot of GAWDA members are exempt from logging the ELT requirements because they stay within the 150-air mile radius and go home within 14 hours. But, to the extent that you’re subject to this, again it’s a self-certification process that the ELD providers certify that they meet the requirements and they are then listed on the registry and DOT has started auditing these companies and found out that, yeah, a lot of them really aren’t meeting the regulatory requirements. And so, they’ve delisted a bunch of them and they’re going to do another rulemaking this year to eliminate the self-certification process.
WGT: As far as the Department of Homeland Security goes, TSA is getting the majority of the headlines, but has the lapse in funding impacted enforcement of anything that would impact GAWDA members to date?
Rick: I can’t think of anything. Customs and Border Patrol and ICE, possibly. To the extent that members have non-citizen workers, it could be an issue, but I’ve not had a single phone call about that.
WGT: Good. Well, let’s hope it stays that way then. The other thing I want to discuss is we’ve talked as part of the Safety Committee and Government Affairs Committee about members being willing to talk about near misses and how powerful that is. We all remember the A-OX Presentation. At the Spring Management Conference, Brad Davis from Central Ohio is doing a session called “It Could Have Been a Catastrophe, Why the Right Safety Plan Makes a Difference.” See more on page 92. One of the things that he had said was, “We thought experience would be enough of a guide when it came to safety. And then an accident that could have caused a tragedy taught us that having the right safety plan is more important.” I know you’ve all banged that drum before, but this seems like a good opportunity to talk on that topic.
Ryan: Emergencies can happen at any moment. Knowing what to do quickly can mean the difference between a minor inconvenience or a catastrophe resulting in injuries or even fatalities. Having an up-to-date Emergency Action Plan (EAP) and making sure it is effectively implemented and consistently followed is very important in keeping your employees and neighboring community safe. We highly encourage reviewing your EAP annually and providing annual recurring training with your employees. Practicing the actions of your EAP is critical. Doing so will help the “employer” evaluate your employees’ understanding and determine if modifications are needed or if retraining is needed. OSHA has very helpful information and guidance on their OSHA E-tools website (www.osha.gov/apps-and-etools). GAWDA also has helpful information within the Members-Only documents providing sample safety practices for Emergency Action Plan and Fire Prevention Plan.
Mike: In the old days we used to call it a fire drill, and we’d actually practice fire drills. We’d pull the alarm and see what happened. And it’s amazing, the first time or two you do that, everybody’s just, you know, not together. They don’t meet the right spots, etc. One of the things that I would add to that is that sometimes people pick one spot to meet and sometimes that’s the wrong spot, based on wind conditions or what’s happened in the plant. So, I would encourage people to have more than one spot to go to. And they should train their people that if this is going on, you meet at the other one. If this is going on, you meet here. This way they can account for everybody.
I think experience really helps, but there’s nothing like actually pulling the plug and watching what happens. It’s amazing. They get better and better at it, and it becomes more reflexive instead of trying to panic and figure out what to do. They just know instantly when the alarm goes off, this is what we do.
WGT: It’s a good reminder that we do work with dangerous things and experience is great, but like Mike said, having the plan is maybe more important than anything else.
Rick: You’d much rather have this kind of session than one like the A-Ox session.
Mike: And it’s more than having a plan, it’s actually practicing.
Tom: Along those lines, the FDA actually requires that you have a plan for continuing your business in the event of an emergency. The emergency response plan is not concerning personnel safety, but it’s from the point of view of being able to continue to supply drugs, like Medical Oxygen, if your plant has a hurricane or some other kind of disaster. This, unfortunately, happened during last hurricane season where a whole region of the country was affected and some plants were underwater.
And, fortunately, GAWDA members hung together and members supported each with product and space and we maintained the drug supply system very well.
Mike: It’s nice to let your critical customers know, but to tie on to what Tom said, A-Ox will remind people and so will the people that were affected like over in Ashland, NC. There were two facilities there totally wiped out. It’s amazing the amount of help that other GAWDA members will generate from outside and bring in all they can. I know that they were bringing in trucks, they were bringing in people. It’s amazing how this membership association bands together to help the ones in need and that can’t be overemphasized, because every time we have a big one, it’s just seems like everybody jumps in and supply is not cut off. People are still supplied with their gases. That’s one thing we should commend our membership for.
WGT: On the topic of things that are largely outside of our members’ control, I talked to a member yesterday, who told me that El Nino is supposed to be particularly bad this year, which would mean hurricanes. We’ve also got some man-made events that are affecting supply. Things that are happening in the Middle East. Is there anything projection-wise that we can talk about how members are going to be impacted by potential interruptions in being able to get some of these materials?
Rick: Well, the biggest disruptor right now is the war in the Middle East. You know, it obviously affects the price of petroleum and anything that’s made with petroleum. And that also affects the price of virtually everything because transportation costs are affected. And nobody has a crystal ball and can tell you when and how this is going to end. So, if it’s still going on by the time we meet in Oklahoma City, then I suspect it’s going to have a significant inflationary impact because of the price of things like gasoline and diesel fuel and natural gas and such. But the security concerns are obviously hugely important, as well, and there’s no way to predict at this point what life is going to look like in six or eight weeks.
WGT: There’s no real way for GAWDA members to prepare themselves. They just have to bite the bullet, whether it’s a hurricane, whether it’s the war, right?
Rick: Yeah. I mean, some companies that buy a lot of diesel fuel, for instance, will hedge their purchases and buy in advance at a set price. The time for doing that was probably last month or two months ago, so, I’m not sure that’s an opportunity at this point.
WGT: Most of you will be there in-person at the SMC, so if members have questions, they can stop by the GAWDA Booth. How about with the Safety and Government Affairs committees? Anything you’re working on that you’re excited to share with members?
Mike: Well, the plan, as far as I know, for the Safety Committee, is to come up next year’s agenda of things we’re going to work on. We’ve had a pretty good run the last several years, but I think there’s going to be a planning stage for the upcoming year.
WGT: OK, perfect. Anything that we didn’t touch on as far as enforcement agencies, Washington, or anything else that you think is important to include in this column before we go?
Rick: Well, one of one of the things that I want to talk to the Government Affairs and Safety Committees about is a request for information from PHMSA about the use of electric vehicles for transporting hazardous materials.
If you’ve got a battery-powered vehicle and it’s involved in a fire, the typical protocol now is to just let it burn out because it takes so much water to put it out. It’s almost impossible to do. So, it can burn for several hours. Obviously, if you’ve got a flammable or an oxidizer or whatever in the vehicle, that’s a significant risk of additional conflagration. So, the industry is being asked what’s the scope of this risk and how do we best address it? It’s sort of an open request for information. It’s not a proposed rule at this point. They’re simply trying to come up with some information so that maybe they can provide some guidance to the industry. So, I’d like to see if anybody has any information that we might be able to provide to them. Comments are due May 4th, but PHMSA will accept comments later than that.
WGT: Do you suspect that there’s a large number of electric vehicles being used for that purpose?
Rick: No. But this is how that started. In the Biden administration, they had a number of essentially mandates or regulatory and tax programs to encourage the adoption of EV technology, particularly in commercial trucks. And California was leading the way, as well as a number of other states. So, back then, a couple of associations, the NPGA, and The National Energy and Fuels Association, which represents a lot of home heating oil companies, actually petitioned PHMSA and said, “Look, if the federal government or state governments are going to mandate that we adopt electric vehicles, how are we supposed to use those with propane or other flammables on the back of the vehicle?”
And then we had the election and the Trump administration came out in favor of getting rid of the EV mandate executive order. So, we kind of forgot about it. And then, all of a sudden, this popped up a year later from PHMSA. I’m sure in the marketplace there will be adoption of electric vehicle technology going forward for all sorts of uses, but the question is, is it appropriate in the HAZMAT world? And we need to find that out.
