86 FR 62917 Significant New Use Rules on Certain Chemical Substances (20-10.B)

Single-use plastics: New bans and restrictions

Several states have enacted new bans on polystyrene foam containers, plastic straws, and produce bags:

• California SB 1046: As of January 1, 2025, expanded polystyrene (EPS) food containers are banned unless they meet a 25% recycling rate. Pre-checkout bags must be compostable or made of recycled paper.

• Delaware SB 51: Foam containers and plastic stirrers are banned unless requested by the customer.
• Oregon SB 543: Bans EPS containers and food packaging with intentionally added PFAS.
• Virginia: No food vendor may use EPS containers starting July 1, 2025.

Compliance tip: Audit your packaging inventory and supplier certifications. Ensure alternatives meet compostability or recyclability standards.

Extended producer responsibility (EPR): Expanding nationwide

EPR laws now apply in several states. These laws require companies to help pay for recycling and report packaging data.

• Maryland SB 901: Allows multiple Producer Responsibility Organizations (PROs) and mandates cost-sharing for recycling.
• Washington SB 5284: Targets consumer packaging with compliance deadlines starting in 2028.
• Colorado: Unregistered producers are banned from selling covered products as of July 1, 2025.
• California SB 54: Revised draft rules released in May 2025 include new compliance dates and exemptions.

Compliance tip: Register with your state’s PRO, submit packaging data, and prepare for fee schedules. Track deadlines and exemptions closely.

Chemical recycling: Regulatory reclassification and impacts

States like Texas and Pennsylvania now classify chemical recycling as manufacturing, not waste management. This shift encourages investment but also changes permitting and emissions reporting obligations.

Compliance tip: If your facility uses or contracts chemical recycling, review air and water permits. Ensure alignment with manufacturing regulations.

Per and polyfluoroalkyl substances (PFAS): Phase-outs and hazardous waste updates

More states are banning PFAS in packaging and cookware:

• Minnesota, Oregon, Rhode Island, and New Mexico have banned or phased out PFAS in consumer products.
• Illinois SB 727: Aligns PFAS limits with EPA standards.

Compliance tip: Update product safety data sheets (SDS) and conduct PFAS audits. Prepare for new reporting under TSCA Section 8(a)(7), including data on manufacture, use, and disposal.

Circular economy and composting: Recent mandates

States are setting zero-waste goals and requiring composting:

• Hawaii HB 750: Launches a statewide recycling needs assessment.
• Maine LD 1065: Requires large food waste generators to compost by 2030.

Compliance Tip: Evaluate organics diversion programs and infrastructure. Consider partnerships with composting facilities.

EHS teams: What to do now

• Map your regulatory exposure: Identify which state laws apply to your operations.
• Engage with PROs: Register, report, and participate in rulemaking.
• Train staff: Ensure procurement, operations, and legal teams understand new requirements.
• Audit packaging and waste streams: Replace banned materials and optimize recycling.
• Monitor emerging legislation: Stay ahead of new bills and compliance deadlines.

Key to remember: Staying compliant in 2025 means more than avoiding fines. EHS teams must lead efforts to meet new waste laws and support sustainability goals.

Are you too high?

Overhead clearance has become such a problem in Canada that some jurisdictions have started to report bridge strike incidents to the public.

The British Columbia Transportation Ministry for example made the announcement recently that fines will quadruple to $575 for drivers that have over-height loads and violations can be stacked to take that total much higher.

This could also include the cancellation of a carrier’s safety fitness certificate, which would effectively prevent the company from operating in the province.

The standard height of a semitrailer in Canada is 4.15 meters; however, the maximum height of a vehicle may vary depending on the jurisdiction and the type of load. Some bridges or overhead structures may have a lower clearance than the legal limit. Drivers should also check the signs on the edge of trailers or the labels on the equipment to verify the height of the vehicle. If drivers are unsure, they need to measure or get out and look before driving.

Knowing the low-down and what to do.

There are several possible reasons why trucks keep hitting overhead structures, bridges, etc., such as your drivers using unapproved transport routes or not following the signs for low clearances.

Perhaps your drivers are not measuring their loads or knowing the exact height of their vehicles in both metric and imperial units, especially if they cross the border between Canada and the U.S, or not receiving adequate guidance from the shippers, receivers, or regulators on how to safely transport over-sized loads.

Once finding that a vehicle/load is over-height, you or your drivers can obtain over-height permits for vehicles that exceed the maximum height limits; however, this does change the fact that the height of the load will still be restricted.

These restrictions vary by province and territory; be sure to check the specific regulations and your permits for your destination before you travel. Some of the common restrictions include:

• Road Safety. You may need to use escort vehicles, warning signs, flags, or lights to alert other drivers of your over sized load.
• Infrastructure Considerations. You may not be allowed to drive on certain roads, bridges, or tunnels that cannot support the height of your over sized load.
• Time of Day. You may only be allowed to drive during certain hours of the day, depending on the dimensions of your over sized load.

The stakes are high.

Height limits are in place to protect the safety of others on the road and to prevent damage to infrastructure and other property. Fines, safety fitness certification cancellation, and bad public perceptions are just a few of the major consequences of operating with over-height loads.

Key to remember: At the end of the day, your drivers are ultimately responsible and need to know how to properly measure loads, plan for trips (including permits if needed), and know whether loads will easily clear the height clearances on a route.

Tested in error

• Drivers may claim that their employer initiated a test that shouldn’t have been done, such as: Requesting a post-accident test when the criteria in 382.303 weren’t met,
• Misidentifying a driver as the subject of a random test, or
• Sending a driver for a reasonable suspicion test without grounds.

MROs are told in 49 CFR 40.151(c) that it’s not their role to determine whether the test should have occurred. A positive test result stands for anyone holding a commercial driver’s license (CDL), even if the employer made a mistake in sending them for the collection.

Drugged by someone

In some instances, the driver doesn’t contest the lab result. They just claim they unknowingly were exposed to the drug, and it’s not their fault.

Stories might include:

• Someone slipped a drug into a drink at a party,
• The driver ingested a marijuana brownie without realizing it, or
• The driver traveled in a closed car with several people smoking drugs.

Stories of passive or unknowing ingestion can’t be verified. Even if true, they don’t present a legitimate medical explanation, so the MRO can’t deem the test negative.

Was set up

Drivers may claim that the specimen isn’t theirs, or someone tampered with it at the clinic.

For example, there may be allegations made by the driver that the collector left the area or left open specimen containers where others could access them.

The regulations are clear: It’s not the MRO’s role to investigate claims that collection procedures weren’t followed by the clinic. The MRO only works with what is reflected in the chain of custody form, and all other accusations will be dismissed.

Took a second test

Some drivers take it upon themselves to take a second drug test outside of DOT to prove their innocence. For example, a driver tells the MRO that a personal physician performed a urine drug test that was sent to a lab, and it came back negative. The MRO must ignore this second test result. It isn’t evidence to sway the result.

Exposed to a cleaning product

An adulterated test result is often the result of soap, bleach, or disinfectant used to tamper with a urine specimen. A driver might claim the chemicals wound up in the urine through exposure to cleaning products (e.g., absorbed through the skin or inhaled). According to the regulations, there are no physiological means through which these substances can enter a specimen.

Key to remember: MROs won’t consider tall tales when verifying failed drug tests. They are given specific instructions by DOT: Only consider valid medical explanations — no matter how convincing the driver’s story might be.

Key provisions

The House Transportation & Infrastructure Committee released a draft version of the legislation in May, and it’s due to be finalized by October. The following are some key provisions related to motor carrier safety.

Expanded record retention: Carriers could be required to retain post‑crash drug and alcohol test records for five years (instead of the current one year for negative results), increasing documentation burdens and audit exposure.

Renewed attention on truck parking: The bill would require a federal study on truck parking availability, continuing momentum from 2012’s Jason’s Law. It would also allocate $150 million per year for truck parking development.

PSP reports: The bill would allow motor carriers to obtain pre-employment screening program (PSP) reports for existing drivers, not just applicants.

Qualifications for brokers and forwarders: The FMCSA would be directed to develop new rules on the experience and qualifications of freight broker and forwarder personnel, a notable shift toward raising professional standards.

Lease-purchase program scrutiny: The legislation would mandate disclosures and outreach related to lease‑purchase programs and direct regulators to prohibit predatory arrangements.

Bathroom access for drivers: The bill would require access to restroom facilities for drivers at shipping and receiving locations.

Pulsating brake lights: The legislation would require the DOT to study whether to allow pulsating brake lights, something the agency is already working on.

ELD oversight and exemptions: The bill would require FMCSA to verify contact information and technical specifications of electronic logging device (ELD) certification applicants but falls short of calling for third-party certification. It would also codify an existing ELD exemption for livestock haulers.

Hair testing and specimen collectors: The DOT would be required to adopt hair testing for drugs within one year after federal health guidelines are issued. In addition, the agency would need to issue new guidance on who may act as a specimen collector under Part 40.

Training Provider Registry (TPR) enforcement: The FMCSA would have to remove noncompliant training providers from the TPR within 90 days of a valid complaint, tightening oversight of entry‑level driver training programs.

Going beyond compliance: The bill would require the FMCSA to issue a “Beyond Compliance” program within 2 years, to give credit to motor carriers that take extra steps to ensure safety.

Data-challenge labeling: The bill would require the FMCSA to add a label to any safety violation that is undergoing a challenge — such as when a motor carrier or driver challenges a roadside violation — until the review is complete.

Autonomous truck regulations: The bill calls for safety regulations within two years for commercial vehicles equipped with automated driving systems (ADS). As part of the effort, the FMCSA will need to allow cab-mounted warning beacons in place of reflective triangles for stopped vehicles and establish a driver workforce development program for drivers replaced by ADS.

Skills testing: The bill directs the FMCSA to issue a rulemaking to allow a CDL applicant to take the driving skills test in any state, regardless of where they live.

Exemption terms: The bill would require drivers to carry proof (from the FMCSA) that they are eligible to be using an exemption. (The FMCSA already makes this a condition for some but not all of its special exemptions.)

Other provisions: The bill also calls for easing some licensing restrictions, tightening rules for household goods shippers, and establishing an advisory committee on cargo theft.

The “Building Unrivaled Infrastructure and Long-term Development for America’s 250th” (BUILD America 250) Act is more than a funding bill; it’s a roadmap for the next phase of federal motor carrier policy. As Congress moves toward finalizing the legislation, the trucking industry may want to watch closely for the compliance, operational, and safety changes that may follow.

Key to remember: Congress is working to finalize a major piece of legislation that will impact motor carrier safety for years to come.

Positive dilute

If a test result is positive but dilute, you’ll need to treat it the same as a positive test result. You must:

• Not order another test;
• Notify the driver;
• Remove the driver from safety-sensitive functions;
• Give the driver a list of substance abuse professionals (SAPs) from whom the driver can seek treatment;
• Not use the driver again until the driver completes treatment and passes a return-to-duty test; and
• Retain the test results for five years.

The MRO will report the test result to the Drug & Alcohol Clearinghouse, the same as any other positive test.

Negative dilute

For results that are negative but dilute, your actions will depend on the creatinine level (creatinine is a waste product found in urine), as follows:

2 to 5 mg/dL — The MRO will contact you to request an immediate re-collection under direct observation.

• If the driver refuses this test, it’s treated the same as any refusal (which means following the steps above for a positive test, including reporting to the Clearinghouse).
• If the driver goes for this follow-up test, the result becomes the official result of record.
• If the result comes back as negative dilute again, the test is declared negative.

Over 5 mg/dL — No retest required. However, you can have a company policy requiring a retest, as long as you communicate it to drivers and enforce it uniformly. If you do retests in this situation, be aware that:

• The test cannot be under direct observation;
• A refusal of the test is treated the same as any other refusal;
• If the result is once again negative dilute with a creatinine level over 5 mg/dL, you cannot retest the driver (i.e., no third test) and it’s deemed a negative result.
• If the result is negative dilute with a creatinine level of 2 to 5 mg/dL, the MRO will demand yet another test immediately under direct observation.

A positive, adulterated, or substituted test result on any retest becomes the result of record, and all the consequences of a drug testing violation apply.

Key to Remember: If a driver’s drug test result comes back as dilute, be sure you know what to do next.

Use your policies, programs, and people

There’s no quick way to erase workplace stress or ensure that all employees feel their mental health is at its peak, but workplaces can put policies and programs into place that provide a solid foundation of assistance and support. In addition, the actions of managers, supervisors, and coworkers contribute to a culture that helps employees thrive.

During recent “Let’s Talk About Employee Mental Health” webcasts, J. J. Keller opened up the chat to ask attendees what’s working for them. The result was a great list of actionable ideas that support worker mental health:

• Being there: “I tell people that I am in their corner and if they would like to talk, I am here. Also, I end emails with ‘Stay Fabulous!’”
• Notice something good: “Compliment others – it doesn't have to be work-related.”
• Time to recharge: “We give wellness time off, and we have added an unpaid leave of absence for mental health time.”
• Choose your benefit: “We have a wellness credit that employees can use toward mental health apps or gym memberships, etc.”
• Making connections: “We held a ‘get to know one another better’ bingo during a break last week; one-on-one meetings for goals are happening with supervisors/managers and their employees, and we have employee of the month by department, with a lunch with leadership.”
• Checking in: “I try to do employee check-ins every Friday by calling a few employees just to check in on how they're doing work wise and outside of work.”
• Embedded resources: “Our workforce is managing survival-level challenges, not just work-life balances. We introduced work-life coaches that are embedded with our employees.”
• Compassion during times of grief: “When we had an employee death last year, the company brought in a grief counselor. I thought that showed our company cared.”
• Help at your fingertips: “Our company offers a free app … that has stress management exercises and reminders. Our corporate office paid for a group subscription. We agreed to fund the cost as a benefit.”
• Get up and go: Exercise is a great stress-reliever, and attendees mentioned walking, pickleball, and a health/fitness app that offers personalized 5- to 10-minute workouts as well as rewards for reaching a goal. One workplace offers “fresh air Friday walks” during breaks and lunch.
• Fun and food: “One of the best HR initiatives that I did was a Jenga tournament, we do an annual employee appreciation food truck.” Another idea: “We have a truck come quarterly with fresh fruits and vegetables for staff to purchase.”
• Phone detox: “I recently did some research and found that people are coping with stress by doomscrolling. We are doing a little challenge to keep people off their phones.”
• Intranet info: “Our company has a website that has up-to-date mental health, bereavement, and financial help resources, that they can go to anonymously.”
• Multiple methods: “We have quarterly meetings and address mental health concerns when talking about leave. I send out our employee assistance program information after every employee relations talk as well. It's free for the first visits, which is very nice.”
• Wellness challenges: “We have a yearly 6-week Health and Wellness challenge. Employees get to learn about benefits offered and healthy habits.”

What do you do now?

There’s not enough time or energy to implement every possible mental health support program, and doing too much could result in programs not being implemented effectively. To decide which ideas would resonate with your workforce, look at data and gather input. To do this you can use:

• Corporate surveys that provide insights into programs employees would value and what they’d like to change.
• Wellness committee members who can offer ideas as well as generate grassroots support for wellness and mental health programs.
• Aggregate health risk assessment data, often provided by your insurance provider or a health vendor, that can yield statistical information about well-being and areas most in need of support.

Key to remember: Employees are looking for mental health support and there are a variety of ways to embed this into company culture.

FMLA certification basics

Employers aren’t required to use certifications, but if they do, the U.S. Department of Labor (DOL) has five different certification forms to use for various FMLA leave situations.

The forms are as follows:

1. Certification of Health Care Provider for Employee's Serious Health Condition,
2. Certification of Health Care Provider for Family Member's Serious Health Condition,
3. Certification of Qualifying Exigency for Military Family Leave,
4. Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave, and
5. Certification for Serious Injury or Illness of a Veteran for Military Family Leave.

Let’s focus on the first two, as these are the most common ones HR administrators use.

Who can fill out an FMLA certification?

The FMLA regulations describe the person who has the authority to fill out a certification as a “health care provider.” The good news is, the regulations include a lengthy list of medical professionals who fit this role.

Under the FMLA, a health care provider includes:

• A doctor of medicine or osteopathy,
• A podiatrist,
• A dentist,
• A clinical psychologist,
• An optometrist,
• A chiropractor (limited to manual manipulation of the spine as demonstrated by X-ray),
• A nurse practitioner,
• A nurse midwife,
• A clinical social worker,
• A physician assistant,
• A Christian Science practitioner, and
• Any health care provider from whom the employer or the employer's group health plan's benefits manager will accept a medical certification to substantiate a claim for benefits.

To be qualified to fill out FMLA forms, medical professionals must be authorized to practice in the state and perform within the scope of their practice. This means that the provider must be authorized to diagnose and treat physical or mental health conditions.

What about doctors in a foreign country?

If an employee or an employee's family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the employer must accept a medical certification from a health care provider who practices in that country. This includes second and third opinions.

If a medical certification from a foreign health care provider is not in English, the employee may be required to provide a written translation of the certification.

Key to remember: The FMLA regulations spell out which medical professionals can fill out certification forms.

Reporting requirements

The EEO-1 Component Data Collection (Employer Information Report) requires private employers with 100 or more employees and federal contractors with 50 or more employees that meet certain criteria to report employees’ race/ethnicity, sex, and job category. EEO-2 is a consolidated report for certain multi-establishment employers.

Other EEOC data collections are as follows:

Local referral unions with 100 or more members (EEO-3);

State and local governments with 100 or more employees (EEO-4); and

Public elementary and secondary school systems, and school districts with 100 or more employees (EEO-5).

The EEOC’s proposal raises questions about the future of EEO reporting. Since 1966, aggregated data supplied by these reports have provided worker population data as well as trend data used to interpret the effectiveness of anti-discrimination laws and their enforcement.

The proposal to rescind these reporting requirements was submitted to the Office of Information and Regulatory Affairs and must undergo procedural review before a final rule can be published in the Federal Register, with a comment period to follow. Thus, the proposal is far from being finalized. In the meantime, the EEOC hasn’t yet announced the 2026 filing deadline and notes that it will publish updates to the 2025 EEO-1 Component 1 data collection on its website when they become available.

Employer action items

Until decisions are finalized, employers should:

• Continue collecting workforce demographic data,
• Follow the rulemaking process,
• Watch for the 2026 filing deadline, and
• Plan for continued local reporting requirements.

Key to remember: Although a proposal to rescind requirements has been submitted, employers should continue collecting workforce demographic data and plan to report 2025 data by the 2026 reporting deadline when it’s announced.

Where did this company go wrong?

The company had a history of not hiring female employees — a practice not looked kindly upon by the EEOC. The waste management company also made several key errors during the hiring process, such as:

1. It assumed household gender roles by telling the female applicant to “talk to her husband” about her job possibility. That line of thinking is not only archaic; it violates Title VII by making sex-based assumptions.
2. The managers implied that creating a shower space for her would be a burden to the company. This reeks of discriminatory language. It basically says hiring a female would be a problem.
3. Hiring a less-than-qualified male applicant made it implicit that she wasn’t hired because of her sex.

What should other employers do?

While it’s important to learn about a prospective employee, companies could face liability if they ask the wrong questions during an interview. Before conducting interviews, employers should have a script of safe questions. Asking the same questions of all candidates not only helps to compare them equally, it also minimizes the possibility of slipping up and saying something improper.

Interviewers can ask general questions to help determine if a candidate can perform the essential functions of a particular job, such as:

• What kind of job experience do you have?
• What aspects of your current job or previous jobs do you consider most crucial?
• Of all the work you’ve done, what have been your biggest successes?
• What would you change about your current job?
• What aspects do you like best about your current job? Least?
• What are you looking for in your next job?

Key to remember: Employers must dump off-limit topics, questions, and “trashy” comments during the interview process, or they could find themselves hauled into court.

Can we prohibit loose clothing, long hair, or jewelry for workers operating machinery?

OSHA doesn’t specifically address this in its machine guarding regulation (29 CFR 1910.212). However, agency guidance clearly recognizes these items as hazards around moving machinery:

• Safeguarding Equipment and Protecting Workers from Amputations (OSHA 3170) advises employers to instruct workers not to wear gloves, jewelry, or loose-fitting clothing when operating grinding machines and to secure long hair.
• OSHA’s woodworking eTool similarly states, “Do not allow workers to wear loose clothing or long hair. Loose clothing or long hair can be easily caught up in rotating parts.”

Employers are expected to address recognized hazards in their workplace. As a result, many employers adopt policies restricting loose clothing, long hair, or jewelry when working near machinery. OSHA may issue citations under the General Duty Clause (Section 5(a)(1) of the OSH Act) or the machine guarding standard if workers are exposed to entanglement hazards.

Is there a maximum opening size before a machine guard is required?

OSHA’s machine guarding standard doesn’t specify a maximum opening size before a guard is required. Instead, it requires that the guard be “in conformity with any appropriate standards” and designed and constructed to prevent operators from having any part of their body in the danger zone during the operating cycle.

OSHA refers to the following “appropriate standards”:

• ANSI B11.0, Safety of Machinery
• ANSI B11.19, Performance Requirements for Risk Reduction Measures: Safeguarding and other Means of Reducing Risk
• NFPA 79, Electrical Standards for Industrial Machinery

Additionally, there are several machine-specific ANSI B11 series standards, all of which can be viewed here. These standards provide detailed guidance on guard openings, reach distances, and risk reduction methods.

Must foot pedals used to operate machinery be guarded or have a cover?

If unintentionally pressing on a foot pedal exposes workers to a hazard, OSHA expects employers to implement protective measures, such as guarding or covering the pedal. Although there are no foot pedal requirements in OSHA’s machine guarding standard, its Mechanical Power Presses standard (29 CFR 1910.217) offers some, such as:

• The pedal must be protected against accidental operation (e.g., from falling objects or unintended contact).
• The pedal must have a nonslip contact surface.
• Return springs must be designed to prevent failure.
• Counterweights must have enclosed travel paths.

Key to remember: Even in situations where OSHA does not provide detailed regulatory requirements, recognized hazards like entanglement or unintended machine activation must still be controlled.

What is WBGT?

Developed by the US military in the 1950s to prevent heat-related deaths in training camps, WBGT is a measure of the heat stress in direct sunlight. It takes into account more than just temperature, including considerations for humidity, wind speed, cloud cover, and even sun angle.

The Heat Index, on the other hand, considers only temperature and humidity for shady areas. So, if employees are working in direct sunlight, the WBGT may be the better way to monitor.

How does WBGT work?

WBGT calculates three key measurements into one equation:

• Air temperature – measured with a standard outdoor thermometer to show the actual temperature of the air. This gives a baseline for how hot the environment is without the effects of humidity, wind, or radiant heat (sunlight).
• Natural wet bulb temperature – measured using a thermometer wrapped in a wet cloth to simulate the cooling effect of evaporating sweat. Readings can be strongly influenced by wind and humidity, and because the thermometer is exposed to sunlight, it also reflects solar heat.
• Black globe temperature – measured with a thermometer inside a black globe to represent how hot human skin and clothing “feels” in direct sunlight. Readings are of radiant heat that air temperature alone wouldn’t capture.

In layman’s terms, as the water evaporates from the wet, wrapped bulb, the bulb is cooled which pushes the wet-bulb temperature down. Added air moisture (humidity) means less water evaporates and cooling is not as effective. This means the WBGT is high.

Mathematically, here’s how the measurements are used to calculate WBGT:

WBGT = (10% × Air Temp) + (70% × Wet Bulb Temp) + (20% × Black Globe Temp)

For a simplified example, if the air temperature is measured at 80°F, the relative humidity is 80%, and the globe temperature is 80°F, the WBGT would be calculated as follows:

WBGT= (0.1 × 80) + (0.7 × 80) + (0.2 × 80)

= 8 + 56 + 16

= 80°F

This result is a WBGT of 80°F which is a relatively high level of heat stress.

To put this into perspective, studies show that a WBGT of around 87.5°F is nearing the maximum temperature that a healthy worker can handle. Though the number seems palatable, this level of heat with humidity can be stifling and deadly.

OSHA’s proposed Heat Rule update

OSHA held an informal public hearing over multiple days in June and July 2025, concluding on July 2nd. A final ruling has not yet been published to the Federal Register. OSHA’s Rulemaking Process can take between 24 and 60 months to review feedback, analyze the record, and develop a final rule.

In the meantime, employers should comply with their State plan state requirements or OSHA’s National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards. The federal NEP was recently revised and became effective April 10, 2026, with updates including the removal of outdated background information, reorganization of appendices information and citation guidance, and the addition of inspection triggers.

Key to remember: The weighted approach of WBGT factors in temperature, direct sunlight, humidity, wind, and cloud cover, all of which have an impact on the body’s ability to cool itself.

What information must the written program include?

Paragraph (e) of 1910.1200 outlines written program requirements. Although the program doesn’t need to be lengthy or complicated, it must include enough detail to explain how your organization is complying with the HazCom standard. There are specific elements OSHA will look for to ensure compliance:

• A list of the hazardous chemicals known to be present in the workplace that matches the identifier on the container label and the safety data sheet (SDS).
• The designation of person(s) responsible for ensuring labeling of in-house containers and the person(s) responsible for ensuring labeling of shipped containers (if any).
• A description of any in-house labeling system(s) and any labeling alternatives used in the facility (if applicable).
• A description of HazCom training provided to employees.
• Procedures to review and update label information when necessary.
• Methods used to inform employees of the hazards of non-routine tasks, such as cleaning reactor vessels, and the hazards of unlabeled pipes in their work areas.
• An explanation of how the employer will comply on multi-employer worksites. Employers on multi-employer worksites who do not use hazardous chemicals, but whose employees are exposed to the chemicals used by other employers on the worksite, are required to have a program and train their employees on the hazards of the chemicals in the work areas.

Key to remember: If you’re covered by the HazCom standard, you may need a written program. It must include specific elements listed in 1910.1200(e).

Understand impairment concerns

Employers may have concerns for those workers with a hearing and/or vision impairment that wish to be trained as forklift operators. By recognizing potential safety issues, they can work to implement appropriate measures for the operator.

Around 15 percent of adult Americans say they have trouble hearing. For those with a hearing impairment, potential safety concerns with forklift operation may include difficulty or inability to hear the following:

• pedestrians nearby;
• horns or other warning signals;
• verbal instructions and training;
• other equipment;
• potential malfunction of the forklift; and
• emergency signals.

In addition, 18.4 percent of adult Americans are either blind or experience “a lot” or “some” visual impairment, even with corrective glasses in place . Potential safety risks associated with forklift operation for those who have a vision impairment may include:

• inadequate depth perception;
• insufficient peripheral vision;
• difficulty seeing pedestrians; and
• trouble differentiating different work environments.

Focus on appropriate measures

Hearing and vision impairment does not mean forklift operation is impossible, it simply suggests the employer may need to consider reasonable accommodations and implement appropriate measures for the operator.

For those with hearing impairments, this could include:

• installing vibrating alarms or lights to notify the operator of potential threats;
• utilizing hand signals or written instructions as a form of communication;
• increasing usage of mirrors and/or cameras to improve situational awareness; and
• providing specialized training for operators with hearing impairments.

For those with vision impairments, this could include:

• installing audible proximity detectors or sensors;
• enforcing pedestrian walkways and requiring hi-vis apparel;
• establishing clear communication methods and large signage where appropriate;
• maintaining floor markings, clear pathways, and adequate lighting; and
• providing specialized training for operators with vision impairments.

Remember the operation requirements

At a minimum, workers must receive proper training and certification before being allowed to operate a forklift. Such training includes a combination of formal instruction, practical training, and evaluation. Operators must be re-evaluated every three years, and refresher training provided to those who meet certain criteria. Also keep in mind, it is a violation of Federal law for anyone under the age of 18 to operate a forklift regardless of ability.

Key to remember

Ultimately, it is up to each employer (with a physician’s guidance, if necessary) to determine if an employee can operate the forklift in a safe manner.