J. J. Keller® Compliance Network

Where compliance and safety intersect

Several OSHA and EPA standards overlap, yet facilities often treat them as separate worlds. OSHA’s Hazard Communication standard requires clear labeling and training while EPA’s hazardous waste rules demand compatible labeling, containment, and emergency planning. Both sets of regulations aim for the same outcome, which is to prevent harm to people and the environment.

When environmental and safety programs coordinate using unified labels, joint inspections, and shared training, compliance becomes simpler and safer. The goal is not to double the paperwork; it is to eliminate the gaps between programs where accidents tend to happen.

The pitfalls and how to fix them

Many facilities unintentionally create risk through small, everyday habits. A “temporary” container sits too long and becomes a forgotten storage drum. Workers mix incompatible residues, not realizing how reactive they can be. Gloves designed for a certain chemical do not protect against concentrated waste. All too often, basic housekeeping is overlooked like open funnels, overfilled containers, or clutter blocking access around drums. These issues rarely start with negligence; they start with assumptions. When waste handling feels routine, people stop seeing it as hazardous. That is when accidents occur. The solution is a unified, proactive approach. Waste areas should be treated as active work zones, not as storage closets. That means safety and environmental staff walking the same floor, inspecting the same containers, and addressing both compliance and ergonomics together. Training should connect the dots between RCRA waste management, hazard communication, and PPE; helping workers understand that residues can behave differently than the materials they started with.

Physical improvements also matter. Adding spill pallets, proper lighting, mechanical drum lifters, and ventilation can reduce both environmental violations and injuries. Like safety, when something goes wrong such as a leak, overfill, or a missing label, it should be handled as a near-miss. Treating these events with the same attention as a near-miss will prevent recurrence and reinforces accountability.

Waste reduction = risk reduction

Waste prevention is not just an environmental initiative; it is one of the strongest safety strategies a company can adopt. Fewer materials used means fewer containers stored, moved, or disposed of. Choosing less hazardous chemicals, ordering smaller quantities, and tracking where waste originates all reduce exposure opportunities. Every gallon of solvent avoided is one less gallon that can leak, spill, or ignite.

Keys to remember: When OSHA and EPA priorities are treated as one, the workplace becomes not only more compliant, but genuinely safer for everyone.

The importance of CPR and early defibrillation

For every minute a patient is in cardiac arrest, their chances of survival decrease dramatically. When a patient doesn’t have a pulse and isn’t breathing, CPR should be performed until an AED is available. It’s important to note that CPR alone does not restart the heart. CPR is an oxygen circulation procedure. AEDs, on the other hand, are meant for lifesaving intervention.

CPR and early defibrillation are vital components of the emergency medical services (EMS) chain of survival that increases the odds of cardiac patient survival. However, according to the American Heart Association (AHA), even the best CPR can’t provide enough circulation of oxygen to the brain and heart for more than a few minutes. In fact, a patient whose brain is deprived of oxygen for 10 minutes or more seldom recovers.

Signs and symptoms of cardiac compromise

Just like a reliable vehicle, the circulatory system is the human body’s blood transportation system, and the heart is the engine. Amazingly, the heart generates its own electrical impulses, pumping in a regular, rhythmic manner. As with any engine, the heart requires a certain amount of pressure to function and doesn’t work well when clogged with grease or debris. The most common causes of sudden cardiac arrest include a heart attack, electrocution, and asphyxiation — all of which could occur in the workplace. Common signs and symptoms include:

• Chest pain accompanied by a crushing or squeezing sensation,
• Pain that radiates to the jaw or arm,
• Irregular pulse and/or abnormal blood pressure,
• Shortness of breath,
• Cool and sweaty skin,
• Nausea and vomiting, and
• Anxiety or feeling of impending doom.

CPR provides the pressure for the body’s “engine” to oxygen circulating, while an AED provides the electrical impulses to keep the engine pumping.

OSHA requirements regarding CPR

OSHA 1910.151 requires first aid treatment be provided in the absence of an infirmary, clinic, or hospital in near proximity to the workplace used to treat injured employees. This may include assisting a victim of cardiac arrest using CPR or defibrillation.

OSHA requirements for CPR and defibrillation differ considerably. Standards requiring CPR include:

• 1910.146 Permit-required Confined Spaces
• 1910.266 Appendix B: Logging Operations – First Aid and CPR Training
• 1910.269 Electric Power Generation, Transmission, and Distribution
• 1910.410 Qualifications of Dive Team and
• 1926.950 Construction Subpart V, Power Transmission and Distribution

OSHA recommends basic adult CPR refresher training and retesting every year, and first aid training at least once every three years. CPR training include facilitated discussion along with ’hands-on’ skills training that uses mannequins and partner practice.

OSHA requirements regarding AEDs — you might need a prescription

Though OSHA recognizes AEDs as important lifesaving technology that plays a role in treating cardiac arrest, the agency doesn’t currently require their use in the workplace. Instead, OSHA wants employers to assess their own requirements for AEDs as part of their first aid response.

AEDs are considered Class III medical devices which means the Food and Drug Administration (FDA) has some oversight on their use. Almost all AEDs require the purchaser to obtain a prescription from a physician under FDA regulations. The prescription process is meant as a quality control mechanism to ensure AEDs are properly maintained, that all designated responders are properly trained, and assist employers with establishing an emergency response plan for their workplace AED program.

The AHA requires AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.” Though easy to use, each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. Additionally, AED users must be trained to understand the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.

AEDs are light, portable, easy to use, and inexpensive. They’re best placed near high-hazard areas such as confined spaces, near electrical energy, or in remote work areas. Response time to reach AEDs should be kept within 3–5-minutes.

Training requirements

Many states require or encourage CPR and AED training from nationally recognized organizations. Any AED training should include CPR training. OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as AHA, the American Red Cross, or National Safety Council is recommended.

Keys to Remember

While OSHA doesn’t currently require the use of AEDs in the workplace, they do expect employers to assess their own AED requirements as part of their first aid response. AED training is required by most states and should include CPR with a hands-on practical component.

Start with the basics: Registrations and permits

Every vehicle in your fleet must have up-to-date registration and the correct permits for the states and regions it operates in. This includes:

• Current/active USDOT number and authority,
• IRP (International Registration Plan) vehicle registration for multi-state travel,
• IFTA (International Fuel Tax Agreement) for fuel tax reporting,
• Oversize/overweight permits,
• Hazmat permits, and
• Motor carrier (MC) numbers for intrastate operations.

Make sure these documents are both current and easily accessible — in the vehicle and in your office records. Auditors won’t be happy about waiting while you dig through file cabinets.

Keep your records audit-ready

Auditors may ask to see a range of documentation related to your operations, including:

• Dispatch records,
• Hours-of-service records,
• Fuel receipts,
• Electronic logging device (ELD) data and backups,
• Bills of lading, and
• Lease agreements.

Small fleets often rely on manual systems, but even simple digital tools can help you stay organized and reduce the risk of missing key documents.

Keep track of renewals and deadlines

Permits and registrations have expiration dates and missing one can lead to costly downtime. Set calendar reminders or use fleet management software to track renewal dates. Some states also require periodic updates to your USDOT number or operating authority, so stay alert to notices from states and FMCSA.

Train your team

Your drivers and dispatchers play a role in compliance too. Make sure they know what paperwork needs to be in the cab, how to handle roadside inspections, and how to report issues like expired plates or missing permits.

Being audit-ready isn’t just about avoiding penalties, it’s about building a reputation for reliability and professionalism. When your paperwork is in order, your trucks stay on the road, your clients stay happy, and your business stays strong.

Why the FMCSA issued waivers

By mid-July 2025, delays in updating motor vehicle records (MVRs) led the Federal Motor Carrier Safety Administration (FMCSA) to issue the first of three temporary waivers. These waivers gave drivers extra time to carry their medical cards while technical issues were resolved.

5 tips to make the process easier

To help carriers and CDL/CLP drivers avoid problems, here are five practical tips:

1. Plan ahead - Schedule the medical exam at least two weeks before the current certification expires. Drivers should bring any documentation the examiner might need, like sleep apnea treatment records.

2. Double-check details - Drivers should verify their last name, date of birth, licensing state, and CDL number on the exam form. Leaving a copy of the CDL with the examiner can help them resolve common errors, especially mismatches in the CDL number or name suffix (e.g., Jr., III) when compared to what's on file with the state.

3. Get a copy of the medical card - Drivers should always leave the exam with a copy of their medical card. If the examiner questions this, share the FMCSA waiver that explains why a paper certificate is still needed.

4. Check the MVR promptly - Carriers should pull the MVR within 3 to 5 days after the exam. If the new certification isn’t listed, the driver or carrier should contact the examiner to resubmit the information.

5. Contact the state for help - Carriers can work with the driver and the state CDL medical help desk to “pull” the certification data from the Registry. This method has worked well in several states.

Latest FMCSA waiver details

The current FMCSA waiver, effective October 13, 2025, through January 10, 2026, allows CDL/CLP drivers to carry a paper copy of their medical examiner’s certificate (MEC) for up to 60 days after it’s issued. The previous waiver ending October 12th, had the same 60-day allowance.

Carriers can also keep the certificate in the driver qualification (DQ) file, but it must be replaced with an updated MVR within 60 days of the exam.

Why this matters

The FMCSA issued these waivers to support drivers and carriers during the transition to electronic medical certification updates. The agency emphasized that drivers shouldn’t be penalized for wrongly showing a lapse in certification on their MVR due to process delays.

Key to remember: To prevent a lapse in medical certification, always schedule CDL medical exams early and have drivers go to the exam prepared.

Input or verify

Failure to provide all required information, including annotations, can result in violations cited under 49 CFR 395.24, which carries one point in the Compliance, Safety, Accountability (CSA) program. This regulation says ELD-using drivers must manually input:

• Annotations, when required;
• A description of the driver’s location, if prompted by the ELD when it cannot get a position fix; and
• An output file comment, when directed by an officer during a roadside inspection.

In addition, drivers must manually input or verify the following:

• Power unit number;
• Trailer number (if any); and
• Shipping document number, if applicable.

Importantly, trailer numbers must be updated as they change. Whenever a driver picks up or switches trailers, the driver must be in the habit of updating the ELD with the new trailer number(s).

Shipping document numbers

A shipping document number is meant to tie the ELD record to other paperwork for a specific shipment, so the ELD record can be verified. The shipping document number must be updated throughout the day, so the number shown on the ELD at any given time corresponds to the current load (older values are retained behind the scenes).

Only a single number or code is required for any one movement or load; there is no need to enter every number if there are multiple numbers for a single shipment.

However, a shipping document number is only required if the motor carrier uses such numbers for internal tracking and dispatching. If there is none, then the field may be left blank on the ELD or, better yet, the driver may enter a description of the load.

Annotations

Missing annotations are another common violation. Both drivers and motor carriers have responsibilities when it comes to adding comments to an ELD.

Drivers must add an annotation when they:

• Edit their log, to explain the need for the edit (such as “forgot to log off”) (see 395.30(c)(2));
• Use the “yard move” or “personal use” special driving categories, to describe the activity (such as “bobtailed to restaurant”) (see 395.28(a)(2)(ii));
• Use any special exception to (or exemption from) the hours-of-service rules, such as the “adverse driving conditions” exception, the “travel time” exception, the exemption for transporting personal property, etc. (see 395.28(c)); and
• Are prompted by the ELD to add information (see 395.30(c)).

Driver annotations are also recommended whenever a driver exceeds the normal hours-of-service limits without the use of an exception. Explaining why there’s a violation could help mitigate any penalties.

Motor carriers must add an annotation when they:

• Propose an edit to a driver’s log, to explain the need for the edit (see 395.30(d));
• Decide they cannot assign “unassigned driving time” to any particular driver, to explain why (see 395.32(c)(1)(i)); and
• Set up an “exempt” driver account, to explain why the driver is exempt from using an ELD. (Why would an exempt driver have an ELD account? So they can log in when driving, to avoid “unassigned” time.)

Comments are limited to 60 characters, but the more details that can fit into that space, the better.

Preventing violations

When it comes to missing information, the remedy is obvious: drivers (and motor carriers) must enter all required information, every time. For that to happen, drivers must know what’s expected, which means being trained on the requirements. The training should be backed by company policies that include:

• Internal log auditing practices that bring violations to light,
• Corrective actions when violations are found, and
• Penalties for drivers who are unwilling to follow the rules.

Key to remember: “Form & manner” violations are often the result of simple oversights, but they can snowball into serious compliance issues. Be sure you have controls in place to ensure drivers and administrative personnel are entering all required information into your ELD system.

Rising theft risks

In 2025, the U.S. transportation industry is grappling with an unprecedented wave of cargo theft, with losses estimated to exceed $35 billion annually. According to the American Transportation Research Institute (ATRI), motor carriers alone face daily losses of $18 million, with 74% of stolen goods never recovered. Food, beverages, and other easily resold commodities are especially attractive to cargo theft groups, but anything left unsecured can become a target.

Most cargo thefts occur during off-hours, particularly at unattended or unsecured trucking yards. Organized thieves often scout locations in advance, learning patterns and identifying weak points. When there’s no on-site security or alarm protection, they take advantage of the dark hours to target freight.

Best practices to protect your fleet

Thanksgiving is consistently one of the most high-risk weekends of the year for cargo theft, according to the American Trucking Associations and leading security councils. Many carriers close from Thursday through Sunday, leaving equipment vulnerable. To reduce exposure, implement these preventative measures before shutting down:

• Dock, butt, and block trailers when parked at terminals
• Use kingpin locks on trailers holding valuable freight
• Test alarm systems weekly to confirm they’re fully operational
• Use GPS geofencing to monitor equipment and detect unauthorized movement
• Conduct security awareness training for all drivers and staff

Don’t wait until the last minute

If your facility lacks overnight protection, consider hiring professional security services for the holiday period. Contact vendors early to check for availability. Many carriers scramble at the last moment, and alarm or guard companies may not be available. Make sure all perimeter alarms are tested and functioning before the break.

Proper lighting and sturdy fencing are strong deterrents as well. Inspect your property for damaged fencing and replace any burnt-out lights. Finally, coordinate with local law enforcement and request extra patrols during the extended weekend to maintain visibility and deterrence.

Key to remember: Prepare early so your company doesn’t become another statistic during one of the most theft-prone weekends of the year.

To-do before October 1

Get ready for renewal by taking the following steps now:

• File all your highway use tax returns that are due.
• Pay your taxes. The state will not issue a new certificate of registration if you owe back taxes. Before you apply to renew, make sure that you’ve paid all taxes due under any of the programs administered by the New York State Tax Department, including:
  • HUT,
  • personal income tax,
  • International Fuel Tax Agreement (IFTA),
  • sales tax, and
  • withholding tax.
• Create an online account if you do not already have one and you want to renew your credentials and pay online (https://www.oscar.ny.gov/).
• Make sure your vehicle registration information is correct and accurate. Review and update your information as soon as possible. Incorrect information will delay the processing of your certificates and decals.

Beginning October 1

Once the renewal period opens, renew your credentials and pay your renewal fees online with One Stop Credentialing and Registration (OSCAR).

Submit your renewal application by November 30, 2024, to make sure you receive your decals in time to place them on your vehicles before January 1, 2025.

If you are already enrolled in OSCAR, use your current OSCAR password to renew online.

If you are not enrolled, visit OSCAR, and select Enroll Now. You must have a United States Department of Transportation (USDOT) number and an employer identification number (EIN).

To renew your registration:

1. Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
2. Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
3. If you have 300 or fewer vehicles, choose either:
   1. Renew all HUT/AFC Certificates of Registration to renew all your active current series permits, or
   2. Select HUT/AFC Certificates of Registration to renew specific permits.
4. If you have more than 300 vehicles, choose either:
   1. Renew all to renew all your active current series permits, or
   2. File renewal to renew select permits.

If you are unable to renew electronically, you may file Form TMT-1.2, Renewal Application for Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) Certificates of Registrations and Decals – 25th Series.

Key to remember: Take steps now to renew your NY HUT and ensure you receive your new decals before the current ones expire.

‘State and local laws’

A violation of 392.2 is a violation of a local or state law, regulation, or ordinance. These must be obeyed due to 392.2, which reads, “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”

The confusion is that there are no paragraphs in 392.2, so there technically should be no letters following that section. However, to inform the driver, carrier, and the Federal Motor Carrier Safety Administration (FMCSA) what particular state or local law or regulation was involved, FMCSA has developed a system of suffix codes. The letters following “392.2” – the “suffix” — show which state or local law or regulation was involved.

When one of these codes is used, the officer should include a description of the specific violation in the “violation details” area on the actual inspection report. FYI: Summary roadside inspection reports (such as the ones visible in CSA’s SMS) do not show these details.

Not all 392.2 violations are used in CSA

Not all of these state and local law or regulation violations are used by the FMCSA for scoring purposes. The Compliance, Safety, Accountability (CSA) Safety Measurement System (SMS) does not use the 392.2 violations that cannot be tied to crash causation. Here are a couple of examples: 392.2UCR Failure to pay UCR fee and 392.2W Size and weight are not used.

Most common 392.2 violations

Below are the top 10 392.2 violations written during 2021. All of these violations are safety-related, and therefore used in the CSA SMS for scoring. The BASIC within the SMS the violation is scored in is shown following the violation description.

1. 392.2SLLS2 Speeding 6-10 miles per hour over the speed limit (Unsafe Driving)
2. 392.2C Failure to obey traffic control device (Unsafe Driving)
3. 392.2LV Lane Restriction violation (Unsafe Driving)
4. 392.2SLLS3 Speeding 11-14 miles per hour over the speed limit (Unsafe Driving)
5. 392.2WC Wheel (Mud) flaps missing or defective (Vehicle Maintenance)
6. 392.2SLLS4 Speeding 15 or more miles per hour over the speed limit (Unsafe Driving)
7. 392.2ML Failure to maintain lane (Unsafe Driving)
8. 392.2SLLSWZ Speeding work/construction zone (Unsafe Driving)
9. 392.2PK Unlawfully parking and/or leaving vehicle in the roadway (Unsafe Driving)
10. 392.2FC Following too close (Unsafe Driving)

Key to remember

In general, FMCSA does not write traffic codes. They rely on local and state agencies to do that. When state or local traffic codes are violated, it appears on a roadside inspection report as a violation of 392.2, with a suffix indicating which traffic code was involved.

New posting requirements

Here are the latest state posting additions:

• Minnesota: Employers must post information about the state’s Paid Leave law by December 1, 2025.
• Nebraska: The Nebraska Department of Labor has released a new Paid Sick Time posting was required to be posted in a conspicuous and accessible location as of October 1, 2025.
• New Jersey: Under legislation signed on September 3 by Gov. Phil Murphy, employees cannot be disciplined, fired, or penalized for refusing to participate in a meeting relating to political or religious matters as of December 2, 2025. A notice of employee rights must be posted in a conspicuous place.
• Pennsylvania: Employers with 50 or more full-time employees must display a Veterans Benefits and Services posting created by the Department of Labor and the Department of Military and Veterans Affairs by January 1, 2026.

Earlier additions

These additional posting requirements took effect earlier this year:

• Arkansas: A Veterans’ Benefits and Services posting needed to be posted by August 4.
• Michigan: The Resources for Michigan Veterans posting requirement took effect on April 2.

One subtraction

Missouri also added a new required posting earlier this year, but it has already come and gone.

The state added an Earned Paid Sick Time posting requirement in April. The law requiring the posting was rescinded at the end of August, however, and that posting is no longer required.

Posting trend

States continue to see physical workplace posters as an effective way of sharing information with workers. Employers should continue to watch for new posting requirements to emerge.

Key to remember: When state law requires a new posting to be displayed, covered employers must display it by the effective date to comply with the law.

HR investigation

Warren’s therapist told the employer that he was her patient and that they had been working on managing his anger. She suggested ways the employer could help Warren avoid letting his anger boil over again.

Years earlier, Warren had received diagnoses for major depressive disorder and anxiety, but the therapist didn’t mention any disability or other mental health issues.

The HR investigation also revealed that Warren was an avid gun owner, often talked about guns with coworkers, and handed out cards for his gunsmithing business.

Employer terminates employee

The employer talked with Warren about how he could return to work. After discussing some options, the employer said that he would need to submit “something, anything…saying that…[he] was able to return to work” and “wouldn’t harm himself or someone else.”

The employer put Warren on leave under the federal Family and Medical Leave Act (FMLA) and worked to connect him with professionals who could provide the return-to-work certification he needed. Warren didn’t provide the certification. The employer then fired him. He sued, in part, for being forced to take FMLA leave and not being accommodated under the federal Americans with Disabilities Act (ADA).

Threat of violence overrides claim

The court ruled that the FMLA “says nothing about an employer's ability to ‘force’ an employee to take such leave, and such forced leave, by itself, does not violate any right provided by the FMLA.”

The court also said that “threatening other employees disqualifies one” from protection under the ADA.

Murphy v. Forest River Inc., Northern District of Indiana, No. 1:24-CV-170, September 29, 2025.

Key to remember: Employees who violate a workplace violence policy can undermine their own protections under the FMLA and the ADA.

When harassment is not deemed to be unlawful

Employers might wonder how to deal with complaints about conduct that don’t amount to unlawful harassment. Their next steps may be unclear.  

Such complaints may be the result of personal conflicts, accidental slights, microaggressions, or minor incidents. Here are some tips on turning what might be a negative experience for one or more employees into something more positive: 

• Respond to complaints with an attitude that is welcoming, respectful, and supporting, rather than one of alarm, resistance, or aversion to complaints. Don’t sweep minor complaints under the rug. 
• Tell the person who is making the complaint that their issue is being taken seriously, and you’ll take action to stop the negative behaviors. 
• Do not look down on an employee who complained about conduct that wasn’t found to be harassing or even inappropriate. Thank them for their courage in coming forward. Try to help all parties feel that your workplace is a positive and respectful place for everyone. 
• Avoid retaliating against an employee who made a complaint. Even if the investigation felt like a waste of time, don’t use it as a reason to punish the employee who came forward with the complaint. Retaliation can be unlawful even if the behavior being investigated was found not to be.  

Key to remember: If an investigation doesn’t conclude that unlawful harassment occurred, that doesn’t mean it’s over. There’s still work for a manager to do after wrapping up an investigation, regardless of the findings.

Serious violations and penalties at the federal level

A “serious violation” relates to a substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard. These violations may have a maximum penalty of $16,550. They can climb to $165,514 if they are also willful or repeat. (Note that maximums go up annually with inflation.) Still, on average most penalties never get that steep. The average federal OSHA penalty was just $3,794 in FY 2024.

State penalty statistics for serious violations

Twenty-two state-plan states run their own workplace safety and health program for the private sector, not federal OSHA. These states handle enforcement, so their approach to doling out penalties will differ. Federal OSHA prefers to see state-plan state penalties within 25 percent over or under the federal OSHA amount. That would be a range of $2,845 to $4,742 for FY 2024. Given those parameters, it turns out six states were too high in FY 2024, and 10 states were too low. Check out our table below:

Source: OSHA’s Federal Annual Monitoring Evaluation (FAME) Reports for FY 2024

Key findings for the state enforcement data

California led the pack with an average of $8,331 for each serious safety or health violation in FY 2024. This figure was followed by New Mexico’s average of $6,184. Eight states — California, New Mexico, Wyoming, Nevada, Arizona, Alaska, Iowa, and Hawaii — hit employers higher on average than federal OSHA’s $3,794. Maryland, Michigan, and Oregon were the softest for average serious penalties in FY 2024, with $897, $1,349, and $1,582, respectively. Fourteen states had averages lower than federal.

Penalty averages are on the move

Maximum penalties increase with inflation every January. It follows then that average penalties should be climbing year to year. Federal OSHA average penalties for serious violations jumped 4.66 percent in FY 2024.

Twelve states hiked average penalties more aggressively than federal. Oregon stood out with a spike of almost 162 percent. This was the case even though average penalties remained below federal OSHA figures in that state. Minnesota, Arizona, New Mexico, Alaska, Nevada, Puerto Rico, Hawaii, Indiana, Virginia, Wyoming, and Utah also jumped up faster than federal OSHA. The state of Maryland had a gentle rise with positive 0.45 percent.

Surprisingly, nine states scaled back average penalties in FY 2024. Vermont had the greatest downward shift by almost 19 percent. Iowa, Washington, South Carolina, Tennessee, California, North Carolina, Kentucky, and Michigan also rolled back average penalties.

What are state-plan states?

State plans are OSHA-approved workplace safety and health programs. They are operated by individual states or U.S. territories. States with OSHA-approved programs must adopt standards that are at least as effective as OSHA's standards. Also, they are subject to OSHA approval and monitoring. Since state standards must be “at least as effective” as the comparable federal regulations, the state standards may differ in some respects.

Any state not in the table is regulated by federal OSHA for the private sector. Their penalty amounts are factored into the federal OSHA average penalty amount in the table. Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the Virgin Islands run an OSHA-approved state plan that covers state/local government employers only. Federal OSHA handles the private sector in those states.

Key to remember

While federal OSHA had an average penalty rate of $3,794 per serious violation in FY 2024, eight state-plan states had higher average penalty rates, and 14 state-plan states had lower ones. Also, 12 states hiked average penalties more aggressively than federal.

OSHA can cite employers for inadequate training

Your documentation may show that all employees received training, but if OSHA asks employees questions about the hazards they’re exposed to and employees can’t answer, OSHA can issue a citation for inadequate training.

Training violations are typically cited as serious violations, which currently carry a fine of $16,550 each. (Penalty amounts increase each January with inflation.) OSHA defines a serious violation as “one in which there is substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.”

On top of the maximum amount, OSHA can cite instance by instance. If the employer failed to train 10 employees, OSHA can multiply the dollar figure by 10 to get a total $1,655,000 penalty amount for just one training violation. Things can escalate even higher if the citation is considered not just serious but willful or repeat.

Training must cover the hazards employees are exposed to

Think about what hazards your employees are exposed to during normal operations or in foreseeable emergencies — that’s where training comes in:

• Conduct a workplace walkthrough to observe job tasks and identify hazards to determine what training is needed.
• Look (and listen!) for hazards such as excessive noise, moving machinery parts, and chemicals.
• Use our at-a-glance tables of general industry and construction training requirements to see what’s applicable to your workplace; then review the regulation to see what elements must be covered in training.

Note that when there’s the potential for a recognized, serious hazard such as extreme heat, heavy lifting, or workplace violence, but no OSHA standard, OSHA can cite the employer under the General Duty Clause (Section 5(a)(1) of the Occupational Safety and Health Act). In that case, you may be able to abate the hazard by training employees in hazard recognition and how to protect themselves.

Training must include workplace-specific information

Any manner of conducting training is acceptable, including classroom instruction, online modules, videos, and virtual or augmented reality, but trainees also must receive workplace-specific information. For example, if you provide Hazard Communication (HazCom) training for employees exposed to hazardous chemicals, a video will likely cover the basics, such as an explanation of the HazCom standard and how to read labels and safety data sheets (SDSs). However, employees also must understand how HazCom applies to their workplace, including what chemical hazards they’re exposed to, how to protect themselves from those hazards, the details of your written HazCom program, and how to access SDSs in their work areas.

Training must be understandable to all employees

Employees may have language and/or literacy issues. OSHA states in a training publication, “If an employee does not speak or comprehend English, instruction must be provided in a language that the employee can understand. Similarly, if the employee’s vocabulary is limited or there is evidence of low literacy among participants, the training must account for this limitation. Remember that workers may be fluent in a language other than English, or they may have low literacy in both English and their primary language. Training needs to be adjusted to accommodate all the factors that are present.”

Another key to comprehension and effective training is ensuring employees have the opportunity to ask questions and receive answers when they don’t understand the material. Not all OSHA standards specify that an instructor be present or that a person be available to answer questions immediately. However, employers should review the applicable standard to determine what’s required. A telephone hotline may suffice since employees can get immediate answers with no waiting.

A quiz or test is a great way to see if employees understand what they’ve learned, though it’s not an OSHA requirement. Offering hands-on exercises is another way employees can practice what they’ve learned in a safe space where the instructor can observe them to ensure they grasped the training. Also, watch employees in action on the job to see if they’re putting training to use — it’s another way to gauge effectiveness of training.

Refresher training and retraining keeps safety top of mind

Training employees once and assuming years later they still understand what they’ve learned is a risky assumption. It’s wise to set up a system for periodic refresher training, even if not required. Note that many OSHA standards will require refresher training and give a frequency. Others may specify that retraining is needed when something in the workplace changes, such as operations, processes, or hazards. Regardless, if you notice employees are failing to follow their training or they have a near miss or incident, that’s an important time to revisit the training elements.

Key to remember: Effective safety training includes workplace-specific information that’s understandable to all employees.

OSHA’s announcement on helmets vs. hard hats

OSHA released a Safety and Health Bulletin (SHIB 11-22-2023) on November 22, 2023, detailing the key differences and benefits of using modern safety helmets over traditional hard hats.

And just a few weeks later, in the December 11, 2023 Trade Release, the Agency announced it would now require its inspectors to wear Type II head protection, which is also commonly referred to as safety helmets.

The two main benefits of Type II safety helmets

The November 22, 2023 SHIB discussed two main benefits of choosing modern safety helmets over traditional hard hats -- the construction of materials and the use of chinstraps.

And while OSHA has recognized the benefits of Type II safety helmets, and is actively taking steps to protect its own employees, it’s important to understand that there is not a new requirement for employers to make the switch to safety helmets.

That being said, a growing number of employers have recognized the benefits of added head protection and are choosing to use Type II helmets for their workers. In addition, some clients are starting to contractually require their construction contractors to make the switch as well.

Understanding the different types of head protection

Hard hats will have a Type I or Type II rating on the manufacturer’s sticker. These markings are based on ANSI Z89.1’s impact ratings.

Type I hard hats protect from objects or impacts from the top center area of the hard hat and are often used in work areas with no lateral head impact hazards.

Type II hard hats, on the other hand, offers protection from both top and lateral impacts and objects and is often found on construction job sites or complex general industry settings where workers face multiple head contact exposures.

Hard hats are classified based on their level of voltage protection. See the chart below.

Choosing the right head protection for your employees

Employers should conduct a job hazard analysis and/or a PPE assessment to determine which style hard hat is best for their workers. In general, OSHA recommends the use of Type II safety helmets at the following locations:

1. Construction Sites: For construction sites, especially those with high risks of falling objects and debris, impacts from equipment, or slips, trips, and falls, safety helmets have enhanced impact resistance and additional features that offer superior protection compared to the components and construction of traditional hard hats.

2. Oil and Gas Industry: In these sectors where workers face multiple hazards, including potential exposure to chemicals and severe impacts, safety helmets with additional features can provide comprehensive protection.

3. Working from Heights: For tasks or jobs that involve working from heights, safety helmets offer protection of the entire head and include features that prevent the safety helmet from falling off.

4. Electrical Work: For tasks involving electrical work or proximity to electrical hazards, safety helmets with non-conductive materials (Class G and Class E) provide protection to prevent electrical shocks. However, some traditional hard hats also offer electrical protection.

5. High-Temperature Environments: In high temperatures or where there is exposure to molten materials, safety helmets with advanced heat-resistant properties can provide additional protection to workers.

Key to remember: While there isn’t a new requirement for safety helmets, employers should review their workplace hazards to determine which style of hard hat will best protect their employees.

How much is too much?

We then discussed a question that we’ve both been asked many times, “how much weight can an employee safely lift?” There is no simple answer because numerous factors affect the determination, including the capabilities of the person doing the lift. Other factors include:

• The frequency of lifts, such twice per day or 200 times per day;
• Whether the load can be easily grasped, such as bags versus boxes; and
• The starting and ending heights, since lifting from the floor is more difficult than starting at knee or waist height.

Additional considerations include the carrying distance, weight distribution within the load, and size of the load (affecting whether the load’s center is close to the body). Tools like the NIOSH Lifting Equation can help evaluate risk, but the first step should be evaluating engineering solutions that reduce or eliminate the inherent risks. In other words, the first step should be identifying potential risks that could be addressed before an ergonomic condition begins to develop.

Reviewing jobs for repetitive motion, lifting, grasping, vibration, and other risk factors can help employers identify risks. Some jobs do require repetitive motions, so employees and supervisors should immediately report any discomfort that might indicate a developing ergonomic condition. When those reports come in, the employer should not only take steps to address the employee’s symptoms, but should evaluate the job to identify and mitigate the conditions causing those symptoms.

Body identification

Also known as body mapping, this exercise will help your employees visualize the effect that work is having on their bodies. To get started, draw a large outline of a human body, front and back, on a board or large sheet of paper. Then ask each individual in your group to come up to the outline and circle what part(s) of their body they’ve felt discomfort in when performing a specific task.

It’s important not to dwell on the individual person for fear of making them uncomfortable and unwilling to participate. Once everyone has a chance to participate, use the outlines and identifying marks to start a conversation. This will give your workers a chance to have their voices heard. It will also give you an opportunity to learn about potential ergonomic risk factors that you may have in your workplace that you didn’t know about.

Index cards

This exercise involves passing out index cards to workers on your shop floor, or as you wander through the office, or to hand out before a meeting. Instruct your workers to write down what ergonomic concerns they have about their job. Keep it anonymous to encourage participation. At the end of the meeting, shift, or day, collect all the index cards and categorize similar concerns or work processes together. Put them on a display board for others to view. Use the information collected to start a conversation and identify areas that may require immediate attention and prioritize the rest.

Sticky notes

Similar to the body identification exercise, use sticky notes with pre-written symptoms (e.g., pain, tingling, numbness, aching, etc.) and have workers place them on a particular body part on an outline of a human body. Again, use this as a way to start a discussion and get people talking openly and seeking solution.

Risk factors

Ergonomic risk factors are situations that cause wear and tear on the body, which can lead to injury. If left unchecked, this cumulative trauma can often result in life-changing musculoskeletal disorders (MSD). The following are common risk factors for developing an MSD:

• Awkward posture: Maintaining an uncomfortable body position that can put strain on the muscles and joints.
• Contact stress: Putting pressure between body tissue and a hard object, impeding blood flow, muscle movement, and nerve function, often affecting the fingers, palms, forearms, thighs, shins, and feet.
• Forceful muscle exertion: Applying physical force or effort to perform a task, often involving significant muscular effort such as lifting, pushing, pulling, or carrying, which can put strain on the muscles, joints, and ligaments.
• Frequency: Performing certain tasks at an increased rate of movement within a specific time period, often resulting in joint overuse and fatigue.
• Poor workspace layout: Expecting the worker to fit the workspace results in inefficient posture and movement.
• Repetition: Performing a task or movement repeatedly over a period of time, causing fatigue and strain on the muscles, tendons, and joints involved.

Key to remember: Ergonomic injuries can be prevented through proactive self-reporting and worker involvement. Engaging workers in problem-solving exercises helps them recognize risk factors and develop solutions, ultimately reducing the likelihood of injury.