J. J. Keller® Compliance Network

What’s happened?

A quick look at the rule’s development shows:

• 7/28/2025 — OSHA received a petition for rulemaking that covers obligations for ladder retrofits under 1910.28(b)(9).
• 9/15/2025 — OSHA posted a memo confirming it intends to eliminate 1910.28(b)(9)(i)(D).
• 12/18/2025 — OSHA sent its Walking-Working Surfaces (WWS) - Fixed Ladders proposal to the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA).
• 1/13/2026 — OIRA and OSHA met with the American Fuel and Petrochemical Manufacturers (AFPM).
• 1/21/2026 — OIRA and OSHA met with the Employers OSHA Modernization Coalition.
• 1/27/2026 — OIRA plans to meet with attorneys representing the American Petroleum Institute (API).

What did the petition request?

The seven-page petition, written by legal counsel on behalf of the AFPM, API, and American Chemistry Council (ACC), requests that OSHA:

• Withdraw the provision under the WWS standard for fixed ladders that extend more than 24 feet to be equipped with personal fall arrest systems (allowing the continued use of ladder cages or wells); or
• Grandfather fixed ladders installed before a particular date (authorizing the continued use of existing ladder cages or wells for those ladders).

Unjustified provision?

Petitioners argue that OSHA, in its 2010 proposed WWS rule, failed to:

• Take comments on the effectiveness of cages in protecting workers from falls,
• Disclose that the agency was evaluating whether to prohibit cages, and
• Give stakeholders a chance to submit evidence regarding cages.

The petition outlines the differences between the earlier proposed and final rules, noting that the 2010 proposal gave employers the choice to use any of four fall-protection types — cages, wells, ladder safety systems, or personal fall protection systems. However, the 2016 final rule gave a 2036 phase-out date for cages and wells.

The petition goes on to contend that:

• OSHA lacks sufficient evidence to justify prohibiting cages and wells;
• Data collected during the rulemaking process leaned toward preserving employer choices for fall protection; and
• Although the 2016 rulemaking preamble acknowledged the shift away from cages and wells, it did not fully discuss evidence in favor of cages and wells.

Other arguments in the petition

The petition raises several points questioning the benefits of paragraph (b)(9)(i)(D), stating that:

• In the past decade, AFPM, API, and ACC facilities have suffered only a few injuries, with no fatalities involving cages and wells;
• Cages offer passive protection, whereas ladder safety systems and personal fall arrest systems require workers to take action to comply;
• Personal protective equipment (PPE) lies at the bottom of the hierarchy of controls;
• Safety risks also exist for ladder safety systems and personal fall arrest systems; and
• Installing new ladders or retrofitting existing ones introduces hazards to those performing that work.

Finally, the petition addresses significant compliance costs, estimating several billion dollars for tens of thousands of ladders at U.S. refineries alone. Petitioners also cited additional expenses for rerating pressure vessels and engineering any process equipment changes.

What does OSHA say?

OSHA officially announced in a September 2025 memo that it is proposing to remove 1910.28(b)(9)(i)(D). The agency calls it a deregulatory action in line with Executive Order 14192. The memo reasons, “OSHA anticipates this change will allow employers to update their ladders when the ladders reach the end of their service lives, accommodating the lengthy service life of fixed ladders, while significantly reducing costs and offering greater flexibility.”

The WWS - Fixed Ladders proposal reached OIRA on December 18. OIRA typically takes 90 to 120 days for review, but recently a maximum 28-day review period for deregulatory actions was implemented. That means we anticipate OIRA will rush this proposal, so that OSHA may publish it in the Federal Register.

Key to remember

An upcoming OSHA proposal would withdraw 1910.28(b)(9)(i)(D). The rule was spurred by a petition.

When captured dust becomes a regulated waste

Under the Environmental Protection Agency (EPA) regulations, most collected dust qualifies as a solid waste once it’s removed from a dust collector, hopper, or filter. And despite the name, “solid waste” doesn’t mean solid, benign, or harmless. It simply means a discarded material.

At that point, facilities are expected to determine whether the dust is hazardous or non-hazardous under the Resource Conservation and Recovery Act (RCRA). This determination is based on what the dust contains, not how dusty it looks or how long it has been managed that way. Dust generated from metalworking, surface coatings, chemical processing, plastics, or specialty manufacturing can contain regulated constituents such as heavy metals or chemical residues. In these cases, facilities are required to make a waste determination using process knowledge, testing, or a combination of both.

This step is often overlooked. Many companies assume that if dust has not caused problems in the past, it must be non-hazardous. Unfortunately, regulators do not accept assumptions as documentation. If there’s no clear waste determination on file, that alone can be cited during an inspection. Misclassifying dust can also have ripple effects. If collected dust is later found to be hazardous, the facility may face issues related to improper disposal, incorrect generator status, or even cleanup liability at the disposal site. What began as a routine housekeeping task can suddenly become a significant compliance issue.

Storage, disposal, and the risks of getting it wrong

Even when dust is correctly identified as non-hazardous, it still needs to be managed properly. Open containers, poor labeling, and inconsistent handling practices are common findings during inspections. These issues are often viewed as minor, but they can quickly escalate if dust is released, mixed with other waste streams, or stored improperly.

Recycling adds another layer of complexity. Many facilities recycle metal dusts or other recoverable materials, which can be a smart environmental and economic decision. However, recyclable doesn't mean unregulated. Dust being recycled still needs to be stored safely, managed to prevent releases, and documented as legitimate recycling. Without proper controls, regulators may view the material as improperly managed waste.

Outdoor storage creates additional risk. Dust stored outside, transferred outdoors, or tracked out of the building can easily become a stormwater concern. Even non-hazardous dust can be considered a pollutant if it migrates off-site during rain events. This is a frequent source of violations under stormwater permits and Stormwater Pollution Prevention Plans (SWPPPs), especially when dust management isn’t addressed in the SWPPP.

Another common issue is mixing dust with general trash or other waste streams. Once mixed, otherwise manageable dust can become more difficult or impossible to classify correctly. This can complicate disposal, increase costs, and raise questions during audits or inspections.

What makes dust especially challenging is that responsibility for it often falls into a gray area. The safety team may assume that the environmental team is managing disposal. The environmental team may assume that the safety team has already classified the material. When no one clearly owns the waste determination and disposal process, gaps are almost guaranteed.

The most effective facilities treat dust as a waste stream that deserves the same attention as any other regulated material. They document waste determinations, define storage and labeling requirements, train employees on proper handling, and periodically revisit those determinations as processes change.

Keys to remember: Captured dust doesn’t stop being regulated once it leaves the air. Understanding whether collected dust is hazardous or non-hazardous, how it must be stored, and where it can legally go is essential to staying compliant.

Compliance considerations

Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.

Air permits

• State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.

• In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.

• Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: NSR Permits.

(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)

• Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.

• The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.

• Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.

• After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits

EPA emission standards

The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.

These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.

Other Regulations

Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:

• Aboveground Storage Tank (AST) Requirements

• Spill Prevention Control and Countermeasure (SPCC) Plans

• EPCRA Tier II Reporting

Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.

FMCSA’s guidance on second opinions

According to the Federal Motor Carrier Safety Administration (FMCSA) guidance, a driver who receives a disqualified status may seek a second opinion from another National Registry Certified Medical Examiner.

However, the process has important requirements:

• Drivers should obtain permission from their motor carrier before scheduling a second exam. Carrier that allow drivers to seek a second opinion may choose which Certified Medical Examiner drivers visit.
• Carriers should maintain a list of approved medical vendors to ensure consistent and reliable examinations. Understanding these rules helps carriers manage risk and maintain compliance.
• Carriers, however, should also watch out for these four areas of compliance that, if not followed, could steer them off course when it comes to driver medical exams.

Four watch-outs for motor carriers

1. Drivers must provide the same health information to every examiner

Drivers are required to give complete and truthful medical information at each exam. If a driver withholds or changes information to obtain a medical certificate from a second examiner, it can create serious problems:

• Drivers can face civil penalties.
• Motor carriers may also be liable if the driver is involved in a crash and was certified based on incomplete or inaccurate information.
• Motor carriers could inadvertently place a medically unfit driver behind the wheel of a commercial motor vehicle .
• Let’s say a driver previously reported severe fatigue that raised concerns about possible sleep apnea. That information must be shared with any second examiner. Withholding it in hopes of receiving a 2-year medical card creates significant compliance, legal, and safety risks to both the driver and motor carrier.

2. Carriers aren’t required to review the 'long form' medical report

Motor carriers aren’t required to obtain or review the driver’s DOT Medical Examination Report Form MCSA-5875 (long form). Without this information, it may be difficult for carriers to determine whether the driver disclosed accurate medical history during a second exam.

Carriers that choose to collect or review long form medical information must:

• Obtain written consent from the driver.
• Work closely with HR to ensure a consistent and compliant policy.
• Use clear procedures for authorizing and storing medical information.

3. The FMCSA receives all exam results

All DOT medical exam results are submitted to the FMCSA National Registry. This means:

• A disqualified exam will appear in the driver’s National Registry record.
• If the driver quickly receives a second exam that results in a valid certification, the FMCSA may choose to review the situation more closely.

4. Carriers should watch for ‘doctor shopping’

Motor carriers should be alert for patterns that may indicate drivers are "doctor shopping.” Drivers who repeatedly seek new examiners that will overlook medical concerns pose risks for carriers. The FMCSA frowns upon “doctor shopping” because it undermines the integrity of the medical certification process. Carriers that allow drivers to do this will certainly raise red flags with the FMCSA if multiple exams occur within a short time frame.

Key to remember: Allowing a second opinion can be appropriate when handled correctly, but it must be managed carefully. Carriers should communicate clear guidelines to drivers, understand the FMCSA requirements, and maintain strong internal policies to protect both the company and the public.

A Smarter Start

Motus is only as effective as the data that feeds into it, which is why FMCSA is emphasizing the importance of maintaining an active FMCSA Portal account. Carriers should log in today to confirm their account status or create one if they have never used the Portal before. Many carriers who have held authority for years may not realize they even have a Portal account, making this step especially important.

Once your account is active, you will be able to claim your USDOT Number in Motus and start managing your information there. Without this, users will not be able to complete registration updates or manage authority once the new system goes live. The FMCSA Portal login page allows users to sign in with existing credentials or start fresh through the online registration option, ensuring every company has a verified and secure entry point into Motus.

What to do now

One of the most important preparation steps is verifying the Portal user access list. Under the Account Management tab, companies should confirm which individuals have Portal access and identify their Company Official.

FMCSA is clear about who this person should be:

• The company owner, or
• An internal employee responsible for safety and compliance tasks

It should not be a consultant, third-party service provider, or transportation broker. The Company Official should use the same Login dot.gov email in both the FMCSA Portal and Motus. Using one consistent email ensures the systems can recognize the correct user and properly connect the company’s existing USDOT information to its new Motus account.

This one-to-one match is the only way FMCSA can securely link a company’s historical USDOT data with its new Motus account. Taking time now to verify the correct individual is listed can prevent access issues and delays during the transition.

Update your MCS-150 

Motus aims to create a centralized, accurate registration environment. To support that goal, FMCSA recommends carriers complete an online Biennial Update (MCS 150) in the Portal before Motus launches.

Submitting an update, or confirming no changes are needed, ensures the most current company information transfers into the new system. This includes:

• Operating status
• Fleet size and vehicle types
• Hazmat activity
• Mileage and safety data

Accurate information today means fewer issues when Motus goes live.

Key to remember: By getting ahead of these updates, you set your company up for a seamless shift into Motus when it launches.

8 levels of inspection

The CVSA has eight levels of roadside inspections. Each level has a varying degree of emphasis and detail. Although Roadcheck 2026 will involve mostly Level I comprehensive driver/vehicle inspections, drivers (and their vehicles) should be prepared for all inspection types every day of the year.

• Level I: Comprehensive driver/vehicle: Examination of driver documents, plus a detailed inspection of the vehicle.
• Level II: Cursory driver/vehicle: Examination of driver documents, plus a simple inspection of the vehicle.
• Level III: Driver: Examination of documents and items related to the driver.
• Level IV: Targeted: A one-time examination of a specific item, such as a driver’s record of duty status or a vehicle component.
• Level V: Vehicle: Detailed inspection of the vehicle only.
• Level VI: Radioactive cargo: Inspection of certain types of radioactive cargo.
• Level VII: Jurisdictional: An inspection mandated by a jurisdiction that doesn’t meet the requirements of any other level of inspection.
• Level VIII: Electronic: Conducted wirelessly or remotely, not necessarily requiring interaction with an inspector.

A restart

The rescheduling proposal would move marijuana to the same drug class as prescription drugs such as Tylenol with codeine, ketamine, and steroids. It would also make it possible for medical marijuana to be prescribed to patients.

While the executive order revives the marijuana rescheduling issue, it will likely be 6-12 months before a final rule is issued.

Hearings will need to be scheduled, and comments from the hearings will need to be considered before a final rule is published.

DOT drug testing

A lot must happen before any changes will occur under the U.S. Department of Transportation (DOT) drug testing regulations. The DOT is required to follow U.S. Health and Human Services (HHS) guidelines for DOT drug testing, including the drug testing panel.

Until the federal Drug Enforcement Administration acts on rescheduling marijuana, neither the HHS nor DOT can move forward. Changes to the DOT drug testing panel can’t occur until:

• The HHS provides new guidelines, and
• Regulation 49 CFR Part 40 is revised through the rulemaking process.

At this time, it’s unknown whether there will be any stipulations built into the rescheduling allowing the HHS and DOT to continue testing for marijuana.

Stay the course for now

As the process plays out, employers not covered by federal drug and alcohol testing regulations should continue to follow state medical marijuana laws and watch for updates on workplace drug policy implications.

More will be known about how this executive order will influence workplace drug policies after hearings are completed and a final rule is issued. It’s likely that state laws will continue to make an impact on how employers handle marijuana in the workplace, however.

Key to remember: The federal government is once again looking at moving marijuana to a lower classification of drug. Until a final rule is issued, employers should continue to follow their current workplace drug policies. DOT testing panel may see changes, unless stipulations are built into rulemaking. The transportation industry anxiously waits to see how Executive Order will (or will not) impact DOT testing.

What are adverse driving conditions?

The Federal Motor Carrier Safety Administration (FMCSA) defines adverse driving conditions as weather or road conditions that could not have been known at the time of dispatch. This exception is meant to cover unexpected events, things a driver could not reasonably plan around. If conditions were forecasted, the ADC exception does not apply.

What does the exception allow?

When adverse conditions arise unexpectedly, a driver can drive up to 2 additional hours after the limits have been reached. Extending the driving time does not decrease the rest requirements. The exception cannot be used if the driver would not have been able to arrive on time, under normal conditions.

If a driver begins a trip and several hours into a trip, an unpredicted storm drops visibility, ADC may be used to complete the trip. A blizzard that was in the forecast for several days, would not qualify for this exception because the conditions were predicted in advance.

What is an Emergency Relief Order?

EROs are issued by state or federal authorities during significant events affecting public safety or essential supply chains. These orders temporarily modify HOS rules for drivers providing direct emergency assistance. Common examples of when these orders would be issued in the summer are:

• Widespread freezing temperatures that cause energy shortages,
• Major storms that disrupt supply chains and,
• Emergency transport of essential items like fuel, food and, medical supplies.

What does an ERO allow?

Each order is different, but they may allow:

• Temporary suspension of some or all HOS limits,
• More flexibility for drivers hauling emergency-related freight and,
• Apply across and entire state or region.

EROs should only be used when an official declaration is in place. Time limits are placed on these orders, so it is important to stay informed. The driver must be carrying emergency-related freight and, the carrier should notify the driver when they can and cannot use the exception.

Safety first, safety always

Neither of these exceptions override safety. Even with extra driving time, drivers should make good choices.

• Slow down in snow and ice,
• Increase following distance,
• Stop if conditions become unsafe and,
• Never drive fatigued.

The law gives flexibility in special circumstances, but it never removes the driver’s responsibility to operate safely.

Key to remember: Winter brings unique challenges for commercial drivers, but knowing the difference between Adverse Driving Conditions and Emergency Relief Orders helps ensure you stay safe, legal, and prepared.

For-hire vs. private

For-hire carriers use vehicles to transport people or property and are paid for their service. The fee could be a direct fee like a fare or a rate but could also be other indirect forms of compensation. Examples of for-hire operations include a trucking company that hauls other people’s property for a fee (direct compensation) or a hotel that includes in its service the transportation to and from the airport to the hotel (indirect compensation).

Private carriers, on the other hand, transport only their own goods or people. Examples include a manufacturer that uses its own commercial vehicles to transport its product, a construction or landscaping company that uses commercial vehicles to transport equipment and employees to job sites, or a utility company that operates commercial vehicles in support of its operations.

For-hire operating authority

While private carriers are not required to obtain operating authority from the FMCSA, for-hire carriers are required to get authority to move property or people that belong to somebody else and get paid for their service. Having authority is often referred to as having an MC Number.

The most common types of authority are:

• Property for-hire
• Passenger for-hire
• Household goods
• Broker
• Freight forwarder

If a company never operates a commercial motor vehicle (CMV), it is possible to have authority, but not have a USDOT number. For example, straight brokers or freight forwarders.

As part of obtaining for-hire authority, carriers must designate process agents and demonstrate financial responsibility (have proper insurance coverage).

One size does not fit all

Authorities are not all-inclusive. Separate authority is needed for each type of service offered. For instance, a for-hire, over-the-road carrier that also wants to be able to resell its extra demand will need both for-hire and brokerage authorities. A company is required to pay a $300 one-time fee for each type of authority needed.

Permanent authority required

There are no temporary permits available to substitute for authority. For-hire operations may not be performed until the proper authority has been granted. It’s not uncommon for otherwise private carriers to become for-hire carriers to generate revenue on back-hauls or help balance capacity and demand during slow periods or seasons.

Getting it right

Carriers need to get it right when it comes to authority. Carriers required to have authority — but don’t and operate anyway — can get themselves into trouble. Penalties for operating without proper authority can get expensive and can result in out-of-service orders.

1. Maintain required records

Section 380.725 of the Federal Motor Carrier Safety Regulations (FMCSRs) lists the specific records that must be maintained by all ELDT providers on FMCSA’s Training Provider Registry (TPR). During an ELDT audit the investigator will ask for and review the following ELDT-specific records:

• Self-certifications by all behind-the-wheel driver-trainees stating that they will comply with:
  • The regulations in Parts 40, 382, 383, and 391; and
  • State and/or local laws related to alcohol and controlled substances testing, age, medical certification, licensing, and driver records;
• A copy of the driver-trainee’s commercial learner’s permit (CLP) or commercial driver’s license (CDL);
• Instructor qualification documentation:
  • Listing each instructor’s driving and/or training experience, and
  • A copy of each instructor’s current and valid CDL and applicable endorsements;
• Lesson plans for theory and behind-the-wheel (range and public road) training curricula; and
• Records of each driver-trainee’s ELDT assessments.

2. Ensure TPR data is current

Another issue being addressed is the activity or inactivity within the ELDT provider’s TPR profile. To remain on the TPR, an ELDT provider needs to periodically update its data on the TPR. This includes:

• Updating the Entry-Level Driver Training Provider Registration Form at least once every two years (biennially); and
• Reporting changes to key information to FMCSA within 30 days of the change. This includes changes to the:
  • Training provider’s name, address, or phone number;
  • Type(s) of training offered; and
  • Training provider’s status, and, if applicable, any change in state licensure, certification, or accreditation status.

3. Meet any applicable state requirements

In addition to the ELDT requirements, many states have requirements that must be met by schools and entities providing CDL instruction. In many cases these requirements apply to schools or entities that offer instruction for tuition or a fee.

As part of the process to be listed on the TPR, a school or entity certifies that they are licensed, certified, registered, or authorized to provide training as required by the laws and regulations of the state where in-person training is conducted.

During an audit, the investigator will ask for documentation of state licensure, registration, or certification to verify that the provider is authorized to provide training in the state. This also confirms that the school or entity correctly certified that they are meeting state requirements on their TPR application.

Key to remember: Ensuring that all records are complete and up to date is key when it comes to having a successful ELDT audit.

No driver’s license but must be 18 years old

Since forklifts are not operated on public roads, the operator does not need a driver’s license. In fact, OSHA requires training on the differences between a forklift and a car. Someone with a driver's license might assume that forklifts handle like cars, but they do not!

A forklift operator must, however, be at least 18 years old. That’s not in the OSHA regulations, but appears in the child labor regulations. Minors under 18 years of age cannot operate (or even ride on) equipment like forklifts or scissor lifts.

Seatbelts required

Everyone knows that forklift operators must use the seatbelt if the forklift has one. That does not appear in the OSHA standard, but it’s usually a safety warning in the forklift operator manual. Since failing to wear a seat belt is a recognized hazard that could cause serious injury, OSHA uses the General Duty Clause to cite employers that don’t enforce seatbelt use.

Hearing or vision impairments

Employers occasionally hire trainees with hearing loss, vision impairment, or other physical limitations. Alternatively, an experienced forklift operator could get injured or experience similar impairments. OSHA does not establish specific requirements for vision, hearing, or other qualifications, and physical limitations are not necessarily disqualifying.

Instead, employers must evaluate the individual and determine if the person can operate safely. Trainers should work with their Human Resources team to evaluate possible accommodations under the Americans with Disabilities Act. Do not assume that a physical limitation would prevent someone from becoming a safe forklift operator. If an evaluation finds that the person cannot meet acceptable safety standards, the employer may refuse to certify the operator.

Trainers might need training

The employer determines who is qualified to deliver powered industrial truck training. The trainer must have the “knowledge, training, and experience” to train and evaluate operators. Attending a “train the trainer” class and getting a certification isn’t a bad idea, but OSHA doesn’t require any particular course or certification to be a trainer.

OSHA does, however, require that the trainer have experience using the type of equipment that trainees will operate. Since experience is required, the trainer likely received training on using that equipment. Further, if the employer purchases a new type of truck or attachment that the trainer has never used, the trainer will need experience using that equipment before training others.

For related information, see our articles on Debunking the mysteries of forklift training (Part 1) and Debunking the mysteries of forklift training (Part 2).

Even minor modifications require approval

Modifications that affect “safe operation” require the manufacturer’s written approval per 1910.178(a)(4). In OSHA’s view, that covers nearly any change, even adding a warning light or backup alarm. A Letter of Interpretation dated April 11, 1997, clarified that if the manufacturer does not respond or refuses to approve a modification, employers may instead get approval from a Qualified Registered Professional Engineer. Employers should ensure that forklift operators don’t modify equipment, like adding plywood or tarps to the cage as a sun shade. Those changes could affect safe operation and would require approval.

Key to remember: The powered industrial truck standard does not address every issue that employers might face, but employers can find answers in other regulations or guidance.

Employer rights/responsibilities after an OSHA inspection

OSHA inspections can be an overwhelming experience. Understanding the regulatory terms and what’s required of you afterwards can be confusing. OSHA says its Employer Rights and Responsibilities Following a Federal OSHA Inspection booklet can and should be used as a discussion guide during your closing conference with the compliance officer.

The booklet explains that:

• After an inspection, the officer reports the findings to the OSHA area director who evaluates them.
• If a violation was found, OSHA will issue you a Citation and Notification of Penalty detailing the exact nature of the violation(s) and any associated penalties. A citation informs you of the alleged violation. It also sets a proposes an abatement date and penalty amounts.

Also explained in OSHA’s guidance are types of violations, employer options, how to comply, how to contest citations, and more. The booklet is available as a pdf or ebook in English and Spanish.

Nail salon hazards and prevention strategies

Nail technicians are exposed to hazardous chemicals found in glues, polishes, removers, and other salon products. The trouble is these exposures can lead to asthma and other respiratory illnesses, skin disorders, liver disease, reproductive loss, and cancer. Additionally, awkward positions and repetitive motions may lead to muscle strains, and workers face potential infections from contact with client skin, nails, or blood.

Stay Healthy and Safe While Giving Manicures and Pedicures: A Guide for Nail Salon Workers highlights common issues in nail salons — such as chemical and biological exposures, ventilation problems, inadequate personal protective equipment (PPE), and ergonomic risks. Importantly, the guide provides practical steps for correcting those issues. It also explains worker rights and offers a list of applicable OSHA standards and resources. The publication is available in five languages.

Redline-strikeout version of 2024 HazCom rule

Finally, OSHA returned the redline-strikeout version of its 2024 HazCom rule to its Hazard Communication topic page. The latest document includes the corrections issued in the Federal Register (on May 20, 2024, October 9, 2024, January 8, 2026, and January 15, 2026). The redline-strikeout version is the full text of 29 CFR 1910.1200 with all revisions from 2024 and 2026 marked in red so you can spot what was added, revised, or removed.

We anticipate more HazCom guidance and enforcement information will be coming to OSHA’s HazCom topic page, either behind the HCS final rule link or the other links on the page.

Key to remember: OSHA continues to update its guidance publications. The latest ones cover OSHA inspections, nail salon safety, and hazard communication.

The explosive truth in one month

Two southern factories are great examples of how safety “hints” can turn deadly when not enough attention is given to workplace warnings. A Tennessee factory and a Kentucky plant both could have possibly averted October 2025 catastrophes, by looking a little further into signs and symptoms of existing dangers.

Tennessee OSHA (TOSHA) had cited a munitions factory with safety violations six years prior to its October 10th explosion after investigating why multiple employees were having seizures and other symptoms of dangerous chemical exposures.

Air monitoring confirmed that employees likely weren’t exposed to explosive cyclonite powder through inhalation. However, the inspection revealed that employees were not adequately protected from exposure through ingestion or skin absorption. Inspections found that employees were being exposed to surface contamination and ingestion risks from being allowed to consume food and beverages without proper hygiene practices being enforced.

The U.S. Chemical Safety and Hazard Investigation Board (CSB), working closely with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), are still investigating the fatal explosion. The ATF believes the blast originated where mixed explosive materials were heated in production kettles followed by additional explosions occurring on the same floor of the facility after the original blast.

Just north and a few days earlier, an explosion occurred at a Kentucky chemical plant thought to be caused by an overflow of calcium carbide from a furnace. Though OSHA and local law enforcement continue to investigate, a preliminary review revealed that the calcium carbine actually landed on the ground, contributing to the explosion.

Though the explosion didn’t result in any fatalities, the same factory had experienced an explosion in March 2011 that did claim the lives of two workers while injuring two others. The CSB concluded the explosion was due to an electric arc furnace that over-pressurized, ejecting solid and powdered debris, flammable gases, and molten calcium carbide toward the workers. Accumulations of hazardous carbide and water were also thought to have contributed to the incident.

Looking back

In retrospect, if each employer had identified the potential for an explosive environment, based on prior incidents and employee exposures, and taken appropriate protective measures, the events of October 2025 could have been avoided.

By performing thorough investigations into how explosive materials were accumulating, and by implementing necessary changes to eliminate exposure risks, almost 20 lives might have been saved, and numerous serious injuries as well as extensive damage to both facilities could have been prevented.

Employers can reduce the risk of workplace explosions and fatalities by adopting a proactive approach that includes comprehensive safety protocols through:

• Performing workplace risk assessments and process hazard analysis;
• Conducting regular inspections to ensure proper ventilation and housekeeping;
• Managing ignition sources and flammable materials by using appropriate storage and handling procedures;
• Implementing explosion prevention systems that detect, isolate, and suppress explosive conditions;
• Maintaining infrastructure and equipment by addressing sparking concerns, faulty wiring, leaks, and instrumentation malfunctions;
• Training employees in recognizing explosion risks and safe work practices;
• Promoting a safe work culture through preparedness training, committees, and other employee engagement; and
• Complying with OSHA and other related standards.

Key to remember: Ignoring safety warnings not only endangers lives but also leads to preventable tragedies that impact employees and their families, operations and the community, and often, organizational reputation.

Carbon monoxide: The silent threat

The danger begins with the air we breathe. Carbon monoxide is frequently called the “silent killer” because it is colorless, odorless, and tasteless. In the winter, the risk spikes as buildings are sealed tight to keep the cold out, inadvertently trapping any gases produced by fuel-burning equipment.

In industrial settings, this might be a propane-powered forklift running in a closed loading dock. In an office setting, it could be a malfunctioning furnace or the improper use of a kerosene heater. Because CO mimics the symptoms of common winter ailments, it is easy to ignore. Employees might complain of a "dull headache," "winter fatigue," or "nausea," assuming they are just coming down with a cold. However, a key red flag for employers is this "cluster effect." If multiple people in the same area begin feeling lethargic or dizzy simultaneously, it is probably not a virus—more than likely it is an environmental emergency. Protecting your team starts with the installation of CO detectors, but it continues with a culture where employees feel empowered to speak up the moment the air feels off.

Air quality to fire safety

Where fuel-burning equipment creates a chemical hazard, electric heating creates a structural one. When the central HVAC system can’t keep up with a January cold snap, the "personal space heater" becomes the most popular tool in the building. While these devices provide immediate relief, they are responsible for a staggering percentage of workplace fires because they are often treated as "plug-and-play" appliances rather than high-powered industrial tools.

The transition from a cozy workstation to a fire hazard often happens through simple proximity. This is where the "Three-Foot Rule" becomes non-negotiable. Whether it is a stack of paper, a plastic trash can, or a winter coat draped over a chair, combustible materials must be kept at a distance. A heater doesn't need to touch an object to ignite it; the constant radiant heat can raise the temperature of nearby materials to their ignition point over several hours.

Beyond the physical placement of the heater lies the electrical strain. A common mistake in office environments is "daisy-chaining” or plugging a space heater into a power strip or an extension cord. Most power strips are designed for low-draw electronics like monitors and phone chargers. A space heater draws a large amount of electricity, which can cause the internal wiring of a power strip to melt or ignite long before a circuit breaker ever trips. To bridge this gap, employers should enforce a "Direct-to-Wall" policy. If a heater cannot reach a wall outlet, it should not be used. This ensures the building’s heavy-duty wiring handles the load, rather than a thin plastic extension cord hidden under a rug.

Strategies

Protecting employees during the winter months requires a much broader view of indoor safety. It isn’t just about checking the furnace or just banning heaters; it’s about managing how we modify our environment. A few winter safety strategies should include:

• The "Last Man Out" Protocol: Assigning a team member to ensure all supplemental heaters are unplugged and not just turned off at the end of the day.
• HVAC Audits: Treating the need for space heaters as a "symptom" that the main heating system needs a professional tune-up or vent cleaning.
• Open Communication: Encouraging a "safety first" mindset where reporting a headache or a hot-to-the-touch power cord is rewarded, not dismissed.

Keys to remember: By addressing the air we breathe and the equipment we plug in as two parts of the same winter safety goal, employers can ensure that the workplace remains a sanctuary from the cold, rather than a source of danger.

Applying exemptions

Employers with 10 or fewer employees do not need to maintain a 300 Log, but this exemption counts all employees at all locations. If an employer has three locations, each with four employees, it has more than 10 employees and the size exemption will not apply.

The other exemption is based on each establishment’s North American Industry Classification System (NAICS) code. Employers might have some establishments that must keep a 300 Log and others that do not, like a manufacturing facility that maintains a 300 Log and an administrative office that is exempt.

In some cases, an establishment’s activities fit under more than one NAICS code, like a manufacturing plant with a distribution warehouse. OSHA advises using the code that either generates the most revenue or has the most employees, whichever the employer deems most applicable. Employers should check their workers’ compensation coverage to see which code they use.

For more information, see our article Which NAICS code should you use for OSHA?

Traveling and remote workers

If an employee has a recordable incident while visiting another establishment, the employer must record the case on the 300 Log for the establishment where the incident occurred, even if the employee normally works elsewhere.

However, if an employee has a recordable incident and is not at an establishment (such as traveling), the employer must record the case on the 300 Log for the establishment where the employee normally works.

Remote workers must be linked to a fixed establishment, typically the location from which they are supervised or receive job assignments. Recordable incidents to remote workers must be recorded on the 300 Log of the establishment to which they are linked. Employers also count remote workers as employees of the linked location, even if they work in another state.

Annual summaries

On February 1, each establishment that maintains a 300 Log must post a 300A annual summary for the previous calendar year. This is required even if the location has 10 or fewer employees, and even if the establishment had zero recordable incidents. Employers cannot combine multiple establishments on a 300A (although short-term establishments can be combined).

If some employees split their work time between locations, employers may distribute their hours worked between locations. However, if someone spends only a small amount of time visiting various locations, the employer may count all hours worked at the primary or linked location. Usually, this would not significantly impact the total hours worked for an establishment.

For more information, see our article Completing the 300A: Tips for the mathematically challenged.

OSHA requires a posting a physical copy of the 300A in the workplace until April 30, but employers may also post the summary on a company intranet for remote workers. OSHA does not require sending the 300A to remote workers who never visit the site, although California does require that.

Key to remember: Employers with multiple locations should confirm that the NAICS code for each location is correct, verify that incidents to traveling or remote workers are properly recorded, and ensure that each covered establishment posts a 300A as required.