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.

CPL rewritten for the 2024 standard

On May 19, 2026, OSHA posted a revised CPL 02-02-079, “Inspection Procedures for the Hazard Communication Standard (HCS 2024),” replacing the July 9, 2015, version. The 132-page document reflects the reconfigured HazCom standard published May 20, 2024, effective on July 19, 2024, along with corrections issued through early 2026.

The agency designed this enforcement playbook to maintain uniform inspections during the transition period and after full implementation. Because of the extensive regulatory changes to definitions, hazard classification, labeling, safety data sheets, and trade secrets, the CPL is not a light refresh.

For those familiar with the rulemaking, the new CPL edits will not be surprising. Still, the directive should provide more clarity than the regulatory text.

Front matter and appendices

Updates to Sections I to IX are typical of a CPL, including:

• Cancellation of the 2015 CPL;
• A modified title and references to the 2024 final rule and corrections;
• Alignment with revisions 7 and 8 of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS); and
• A new summary of changes, historical background, and compliance dates.

OSHA also modernized appendices for dates, hazard lists, pictogram hazards, SDS review guidance, chemical resources, and related directives.

Reworked inspection guidelines

Section X outlines inspector instructions for paragraphs (b) through (j) of the standard. The latest modifications impact most sections:

• Scope, applicability, and exemptions — The directive offers new examples and expanded explanations, such as:
  • A formaldehyde hazard example for hair smoothing products;
  • An overview of pesticide labeling requirements and exemptions;
  • Discussion of the EPA Agricultural Worker Protection standard preemption; and
  • Greater detail about biological hazards from plants.
• Definitions — The document introduces terms and explains bulk shipment, immediate outer package, physical hazard, released for shipment, and more. It also revisits the terms combustible dust and manufacturer. Lithium-ion batteries are now referenced in the distributor context.
• Hazard classification — The directive instructs OSHA officers to consider the classification of:
  • Hazards associated with a chemical’s intrinsic properties, including changes in physical form and reactions from known or reasonably anticipated uses; and
  • Impurities, additives, and individual constituents.
• Written plan — The directive clarifies:
  • Employers must revise programs by the compliance dates when new information is received from suppliers;
  • The use of computers and third-party administrators of safety data sheets (SDSs); and
  • The written program must describe how employees will be trained in a language and at a literacy level they understand.
• Labeling — The directive broadens the sections on Department of Transportation labeling, bulk shipments, and small container labeling. It incorporates final rule flexibility too:
  • Phased-in compliance dates for labeling;
  • Hazards not otherwise classified (HNOCs) and hazards identified and classified under 1910.1200(d)(1)(ii) don’t need to be addressed on the container;
  • The exclamation mark pictogram is permitted (but not required) for HNOCs, under certain conditions;
  • Minor textual variations for precautionary statements are allowed; and
  • OSHA offers alternatives for chemical containers released for shipment.
• Safety data sheets (SDSs) — Amended text focuses on U.S. jurisdiction and technical provisions, such as:
  • Phased-in compliance dates for SDSs;
  • Importer SDS responsibilities;
  • Using a U.S. address and phone number;
  • The hazard class and category reflecting intrinsic properties;
  • Required Chemical Abstracts Service (CAS) number or other unique identifiers; and
  • No need to obtain updated SDSs to replace already received SDSs.
• Employee information/training — The directive references a temporary workers bulletin. It also emphasizes:
  • Phased-in compliance dates for necessary training adjustments; and
  • Delivering training in a language employees understand.
• Trade secrets — The instruction aligns with the 2024 rule:
  • Allows the exact percentage, exact concentration range, or CAS number to be withheld if certain criteria are met; and
  • Addresses the use of confidentiality agreements.
• Dates — The directive overhauls compliance timelines and discusses documentation of due diligence and good faith efforts.

In addition, the directive softens citation language with phrases like “should normally cite” instead of “shall cite.” This shift suggests inspectors may have greater discretion based on case-specific circumstances.

Key to remember

While 1910.1200 remains the baseline for employers and chemical manufacturers, importers, and distributors, the revised CPL 02-02-079 provides an enforcement lens. With implementation underway, regulated entities can use the CPL to steer their efforts and conform with how OSHA will inspect them in the field.

What’s changing and why it matters

Although EPA has been deregulating or loosening some requirements, there are still some standards being tightened across multiple fronts in the coming year:

• Renewable fuel standards (RFS): The EPA proposed higher volume requirements for 2026, including 24.02 billion renewable identification numbers (RINs), up nearly 8% from 2025. This increase pushes stricter expectations on fuel producers and organizations purchasing renewable fuels.
• Stormwater multi-sector general permit (MSGP): A new MSGP set to take effect by February 2026 will require quarterly PFAS indicator monitoring, expanded benchmark sampling, and resiliency measures in stormwater control designs.
• PFAS Reporting under the Toxic Substances Control Act (TSCA): TSCA Section 8(a)(7) mandates PFAS manufacturing and import data collection beginning in April 2026, through October 2026, with extended deadlines for certain small manufacturers.

Failure to prepare could lead to fines, reputational damage, supply chain disruptions, and permit delays. Companies that weave compliance planning into their 2026 strategy will be positioned not just to meet legal deadlines but to sustain operations smoothly.

Key areas of impact

• Renewable fuel standards (RFS) and air emissions The proposed increase in 2026 Renewable Identification Numbers (RIN) volumes, from 24.02 billion to 24.46 billion for 2027, signals tightening air and fuels policy that affects fuel use and emissions accounting.
• Stormwater management The upcoming 2026 MSGP requires expanded quarterly PFAS monitoring, new benchmark triggers, corrective action plans, and integration of climate resilience in design standards.
• PFAS disclosure (TSCA Section 8(a)(7)) Manufacturers and importers of PFAS must submit electronic reporting of usage, volumes, disposal, and exposure data between April and October 2026, with extensions available for smaller operations.

Steps to take now

• Audit compliance programs: Cross-check operations against RIN inventory, stormwater permits, and TSCA reporting duties.
• Upgrade monitoring and recordkeeping: Implement robust electronic systems to track PFAS, stormwater quality, fuel volumes, and emissions.
• Staff training: Educate teams on PFAS obligations, new stormwater protocols, and RFS structures.
• Engage regulators early: Comment on proposed rules, consult during permit drafting, and flag issues during the notice-and-comment period.

Looking ahead

The EPA’s 2026 updates reflect a trend toward increased transparency and environmental accountability. Companies that treat compliance as strategic will not only avoid enforcement but also gain resilience and stakeholder trust.

Key to remember: Start planning now. Early action on EPA rule changes will save time, money, and headaches when enforcement begins.

Agency prohibitions

In general, the National Highway Traffic Safety Administration (NHTSA) does not allow stop lamps to pulsate, flash, or strobe as original equipment on a new vehicle. In addition, the Federal Motor Carrier Safety Administration (FMCSA), under 49 CFR 393.25(e), requires stop lamps to be steady burning on all commercial motor vehicles.

However, both agencies are involved in efforts to test pulsating lamps, including the option for motor carriers to get involved. Tests have shown that pulsating brake lights can be highly effective at preventing rear-end crashes, which account for approximately 30 percent of all commercial vehicle crashes.

For its part, NHTSA recently requested approval to do testing involving up to 270 car drivers as part of a multi-phase research study evaluating the pros and cons of pulsating stop lamps. In addition, a bill currently being debated in Congress, the BUILD America 250 Act, includes a requirement that NHTSA convene a rulemaking committee to look at whether pulsating lamps can improve highway safety.

Numerous exemptions

The FMCSA allows many motor carriers to use pulsating stop lamps, not through its regulations but rather special, temporary exemptions that apply to specific lamp manufacturers or motor carriers. The terms of the exemptions were published in the Federal Register and companies receiving the exemptions are required to follow the specific terms that apply.

The following is an overview of FMCSA exemptions that currently allow pulsating stop lamps. If you want to install your own pulsating stop lamps, make sure they fall under one of these exemptions and that you’re following the terms published in the Federal Register.

Key to remember: Motor carriers are able to install pulsating brake lights only if they qualify for an exemption. Check the exemption list to ensure your vehicles qualify.

Do exempt carriers need to have proof of insurance?

Carriers that haul exempt commodities are required to have the minimum level of financial responsibility required by 49 CFR 387, and their insurance provider must provide the carrier with an MCS-90 endorsement. However, the insurance need not be on file with the FMCSA. Many states have insurance requirements both for the amount required and the need to carry proof of coverage in the vehicle. Federally exempt for-hire carriers are not exempted from any state requirement.

Are exempt for-hire carriers required to name process agents?

Currently, exempt-for hire carriers are not required to name process agents for each state of operation as other for-hire carriers are required to do so on the BOC-3 form. That may change when the FMCSA fully implements their Unified Registration System, or URS. The system was introduced with a final rule in the summer of 2013 and included a provision requiring exempt carriers to have process agents. Much of the rule was suspended at the beginning of 2017. At some point, the agency would like to get the URS ball rolling again.

Are exempt carriers exempt from IFTA, IRP, HVUT, and UCR?

Exempt for-hire carriers are not exempt from the alphabet soup of revenue generating programs of the International Fuel Tax Agreement (IFTA) allowing for the sharing of fuel tax revenue, the International Registration Plan (IRP) allowing for the sharing of vehicle registration fees, the Internal Revenue Service’s (IRS) tax for heavy vehicles that weight 55,000 pounds or more, or for the Unified Carrier Registration (UCR) revenue generating program.

Are exempt carriers exempt from the Federal Motor Carrier Safety Regulations (FMCSRs)?

Exempt carriers are not automatically exempt from the safety regulations such as driver qualifications, drug and alcohol testing, commercial driver licenses, vehicle inspections, or the hours-of-service rules. Although livestock and agriculture commodity carriers may qualify for the hours-of-service agriculture exemption.

Key to remember: “Exempt” commodity haulers are exempt from very little. Primarily they are exempt from needing for-hire authority and designating process agents.

Three key questions

Below are three questions and the answers to which can help avoid citations and out-of-service orders relating to vision requirements.

1. What must a driver do after vision surgery if they no longer require corrective lenses?

Answer: The driver must:

• Take a vision test at the motor vehicle department to have the corrective lenses restriction removed from their license, and
• Contact a certified medical examiner (CME) from the National Registry for an exam to remove the corrective lenses requirement from their medical certification.

The driver may also need to undergo an eye exam from an optometrist or ophthalmologist if requested by the CME.

2. If a medical certification says corrective lenses are required, but the license does not, or vice versa, is this a violation in a roadside inspection?

Answer: Yes. If the driver is not wearing corrective lenses, it is a medical qualification violation per Federal Motor Carrier Safety Administration Regulations (FMCSRs) §391.11(b)(4), and the driver must be placed out of service.

Alternatively, if the license says corrective lenses are required, and the driver is not wearing them, then the citation is written as a licensing violation (§391.11(b)(5) or §383.21(a)(2)), and the driver must also be placed out of service.

3. Is the discrepancy a violation if the driver wears corrective lenses as specified by their medical certification but not on their license?

Answer: No. The violation only exists if the license or the medical certification requires corrective lenses and the driver is not wearing them.

Some states do not use the same criteria for requiring corrective lenses as are specified in the FMCSRs vision standard in §391.41(b)(10), so there's a difference it's not a violation. In many states, it is possible to have a license without the corrective lens restriction and not be able to pass the federal vision standard.

Drivers are usually licensed for more than five years. Vision can change during periods far longer than the maximum two-year medical certification.

Keep in mind, a medical qualification violation cannot be challenged in the FMCSA's DataQs system because "the driver didn't need corrective lenses anymore." Post-surgery, the medical certification, and license must reflect that no corrective lenses are needed, or the driver will face consequences.

Key to remember: Educate drivers on the requirement to update their license and medical certification after corrective vision surgery to keep them compliant.

Using the wrong placard or using it at the wrong time

One of the most common mistakes I see is using a placard that doesn’t match the material being transported. This usually happens when someone relies on memory instead of verifying the hazard class, or when subsidiary risks get overlooked. Even experienced employees fall into this habit when things start moving too fast.

I also see situations where the placard is technically correct but used at the wrong time. A placard might be left on from a previous load or put on in anticipation of a future shipment. Placards aren’t general warnings. They need to reflect exactly what’s in the vehicle at that moment.

Failing to remove placards

Another issue I run into a lot is failing to remove placards when the hazard is no longer present. This tends to happen when equipment is reused frequently or when operations are trying to keep things moving. It may seem like a small detail, but it creates real risk.

If a placard is displayed, responders are going to assume the hazard is there. That can impact how they respond in an emergency and lead to unnecessary precautions. From a compliance perspective, displaying a placard that doesn’t match the contents of the vehicle is a violation and usually draws unwanted attention during inspections.

Misunderstanding when placards are required

Placarding decisions aren’t always straightforward, especially when packaging types and quantities vary. I usually see teams assume that placards are always required any time hazmat is present. That approach can lead to over-placarding and send the wrong message.

On the other side, I also see required placards get missed because quantities aren’t evaluated correctly. Smaller packages can still trigger placarding when they’re combined. Taking a few extra minutes to verify packaging type and total quantity can make all the difference.

Placement and visibility issues

Even when the right placards are selected, they’re not always displayed properly. Placards need to be clearly visible and in good condition, but this is something I see get overlooked in day-to-day operations. Dirt, damage, and equipment can all block or reduce visibility.

If a placard can’t be easily seen, it’s not doing its job. I always recommend building placement and condition checks into routine inspections, not just focusing on whether the correct placard was chosen. This becomes even more important in environments where equipment sees heavy use.

What this means in the real world

When I look at placarding overall, I don’t see it as just a basic requirement. It’s a real-time communication tool that people rely on to make decisions. Every incorrect, missing, or unnecessary placard sends the wrong message and increases risk.

The good news is that most of these mistakes are preventable. Clear procedures, consistent training, and routine checks go a long way. When teams start treating placarding as an active part of hazard communication instead of just another requirement, I see better decisions and fewer mistakes.

Local minimum wage changes

Some cities and counties raise their minimum wage on July 1. Employers in these communities should be ready to display updated posters:

California

• Alameda
• Berkeley
• Emeryville
• Fremont
• Los Angeles
• Los Angeles County
• Malibu
• Milpitas
• Pasadena
• San Francisco
• Santa Monica
• Santa Rosa
• West Hollywood

Illinois

• Chicago
• Cook County

Maryland

• Howard County
• Montgomery County

Minnesota

• St. Paul

Key to remember: Some states, cities, and counties make mandatory mid-year posting changes. Employers should be ready to display the updated posters.

Illinois: •Chicago •Cook County Maryland: •Howard County •Montgomery County Minnesota: •St. Paul Key to remember: Some states, cities, and counties make mandatory mid-year posting changes. Employers should be ready to display the updated posters.

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.

How employers should respond

• Give employees more benefit flexibility. Employers looking to increase retention should move benefit flexibility to the top of their “to-do” list. When employees have choices, they’re more likely to stay at a company. The survey showed that 80 percent of surveyed employees feel that wellness flexibility would mean they’d be more likely to stay.
• Communicate often about benefits. To encourage employees to make use of company benefits before seeking help on their own, employers must keep benefit messaging in the forefront of employees’ minds. This could be done by sending out regular emails, posting information on the company’s intranet, sending text alerts, etc. Top-of-mind awareness is key!
• Roll with the changes. Employees’ lives are in a constant state of flux, and benefit options need to keep up with that pace to support them no matter what they’re juggling in their personal lives.
• Think beyond open enrollment. The survey revealed that only 7 percent of employees said that the open enrollment period made them think about using their benefits. They’re much more likely to think about what benefits they have when they’re at a doctor’s appointment, or an unexpected need pops up. If employers want their employees to engage with company-sponsored benefits, they should make tools easy to use and available when employees need them the most.

Key to remember: If navigating benefit options is too hard, employees are less likely to make use of their company-sponsored offerings, and might spend their own money on easier-to-use tools.

Potential future increases

The bill, The Restoring Overtime Pay Act of 2026 (HR 8868), would increase the federal minimum salary level as follows:

• 2026 — $45,000
• 2027 — $55,000
• 2028 — $65,000
• 2029 — $75,000
• 2030 — 55th percentile of full-time salaried workers nationally*, updated annually

*The current 55th percentile of full-time salaried workers nationally is $89,440 and could increase to $98,000 by 2030.

The measure would allow the Secretary of Labor to establish a higher salary threshold through notice and comment rulemaking, as long as it can be updated annually.

The bill would also require the following:

• The Secretary of Labor would need to provide annual, automatic updates to the overtime threshold of at least the 55th percentile of weekly earnings of full-time salaried workers.
• If the Secretary doesn’t establish an increased salary threshold, the 55th percentile of weekly earnings of full-time salaried workers nationally would take effect, based on the Bureau of Labor Statistics (BLS) from the second quarter of the preceding calendar year.
• The Secretary would need to publish a notice announcing the revised salary threshold no later than 60 days before the revised threshold takes effect.
• The BLS would need to publicly publish data on its website for each week of each quarter and data on weekly earnings by census region.

The bill is in the first stage of the legislative process. It was referred to the House Committee on Education and Workforce. While it has a small chance of being enacted at this time, it does show that some members of Congress are interested in this topic.

Key to remember: Congress members introduced a bill increasing the federal salary threshold level. But for now, employers can use the 2019 federal salary threshold to determine whether they may classify an employee as exempt.

Movement multiplies risk

Material handling means motion, equipment in travel lanes, loads shifting as they move, and workers crossing forklift paths. Every movement adds exposure, and it can escalate fast when tasks overlap or the area gets congested.

Moving pallets, operating forklifts, stacking materials, and stocking shelves are normal tasks, but each one can affect movement, storage, and load stability. OSHA data and enforcement trends continue to show serious injuries and fatalities tied to these types of activities. Material handling risks are more likely when:

• Forklifts and pedestrians share the same travel paths;
• Loads are lifted, carried, or stacked beyond stable limits;
• Visibility is reduced due to product, layout, or speed;
• Aisles become obstructed or narrowed during operations; or
• Tasks overlap without clear coordination of movement.

Stack safe, store smart

Safe storage practices reduce the chance that routine handling turns into a collapse, spill, or struck-by event. A slightly uneven stack, an overloaded pallet, or a rack pushed beyond capacity can fail quickly under normal workplace conditions. Strong storage practices can greatly reduce risk by:

• Maintaining pallet loads that are even, stable, and securely stacked;
• Verifying stacks stay within rack and pallet ratings;
• Keeping materials within designated storage boundaries; and
• Removing damaged pallets or containers from service.

Control, not complacency

Serious incidents are often less about equipment failure and more about familiar work being performed without enough attention to current conditions. Operators rely on experience instead of staying alert to the situation in front of them, pedestrians assume they have been seen, and routine tasks continue even when aisles tighten, loads change, or travel paths become less controlled.

Exposure to risks quickly rise when assumptions replace attention and routine replace active hazard recognition. Real control means staying actively engaged, maintaining awareness, checking conditions, verifying paths, and recognizing when conditions change.

Expect inspections

For both managers and workers, consistent inspections are one of the best ways to catch changing conditions before they lead to injury. Strong inspection practices can include:

• Checking travel paths and pedestrian separation throughout the shift;
• Removing damaged pallets, racks, or equipment from service;
• Identifying congestion points before they disrupt workflow; and
• Reinforcing that inspections support safe operations.

Training smart, work safe

Training for material handling is often centered on equipment operation. However, effective training focuses on recognizing changing conditions, understanding interaction between people and equipment, and reinforcing when to stop, reassess, and adjust.

To minimize the risks from constant movement in material handling environments, employers should implement clear traffic management strategies, such as designated pedestrian walkways and marked forklift lanes. Strong training reinforces decisions such as:

• Identifying when pedestrian separation is no longer maintained,
• Recognizing unstable loads before movement begins,
• Understanding when speed or congestion increases exposure,
• Stopping work when conditions no longer support safe handling, or
• Recognizing when a different method is the safer option.

Key to remember: When loads stay stable, travel paths stay clear, and workers stay alert to changing conditions, routine material handling activities stay productive, controlled, and far less likely to become a serious incident.

What is “readily available”?

OSHA defines “readily available” as accessible within three to five minutes and warns that locking first aid supplies, whether kits or cabinets, may limit employee accessibility per the standard. The agency advises that if an employer was relying on first aid services not provided by a clinic, infirmary, or hospital and adequate first aid supplies were not available when needed, then the employer would be in violation of 1910.151(b).

But my supplies are disappearing at an alarming rate!

If you’re concerned with supplies being used in a manner not intended by the company, there are ways to manage supplies. For example, employers could use vending machines that allow employees to scan their badges and get basic supplies or personal protective equipment free of charge. This can help employers manage their supply chain and evaluate by whom and for what supplies are being used.

If opting to lock your first aid supplies, remember to make supplies readily accessible (within three to five minutes). This may require that additional keys for locks be made available to multiple personnel at all times when workers are present.

What supplies are required for my first aid kits?

Although their recommendations are non-mandatory, OSHA suggests using the American National Standards Institute (ANSI) for reference to determine what supplies you need to have. The contents for Class A kits listed in the ANSI standard should be adequate for small worksites. Class B kits are designed with a broader range and quantity of supplies to deal with injuries in more complex or high-risk environments (for example, larger operations or multiple operations conducted at the same location).

It’s important to note that although OSHA is still citing ANSI’s 1998 standard, an updated version of the standard, ANSI/International Safety Equipment Association (ISEA) Z308.1-2021, was approved on April 15, 2022, and went into effect on October 15, 2022. Major changes to the standard included:

• Changing tourniquet type to ensure it meets first aid needs. The equipment intended to prevent blood loss should be at least 1.5 inches wide and be effective for limb sizes 7–33 inches around.
• Making foil blankets mandatory. This measure was enacted after assessing similar international standards and recognizing “the multiple purposes that the item can serve to respond to first aid emergencies.”
• Providing further guidance on bleeding control kits. According to ISEA, these “contain more advanced first aid supplies to immediately treat life-threatening external bleeding.”

Determining what first aid supplies should be accessible depends on the workplace hazards and potential injuries. A great place to begin is by assessing your Form 300 injury logs to see the types of injuries already reported. Most employers perform risk assessments, beginning with a review of the Form 300 logs, to drive their decisions. OSHA also provides guidance to employers in 1910.151 Appendix A.

Keys to Remember

Employers must understand the accessibility risks associated with locking first aid cabinets even though OSHA and ANSI do not prohibit this practice. First aid supplies must be readily accessible (within three to five minutes) in the event of an emergency.

What is “chip guarding”?

“Effective chip guarding” means any method or equipment which will prevent a chip or particle (of whatever size) from being blown into the eyes or unbroken skin of the operator or other workers.

Effective chip guarding may be separate from the air nozzle as in the case where screens or barriers are used. The use of protective cone air nozzles are acceptable in general for protection of the operator, but barriers, baffles or screens may be required to protect other workers if they are exposed to flying chips or particles.

What about the psi requirement?

The regulation requires the psi at the nozzle to be less than 30 when using compressed air for cleaning.

However, OSHA has said in interpretive guidance that the use of compressed air for cleaning purposes at pressures at or greater than 30 psi is permissible if the outlet or source is fitted with a relief device or air ports that drop the pressure to less than 30 psi if the flow is dead-ended.

What about cleaning clothing/bodies?

While the regulation does not specifically address the issue, in a letter of interpretation OSHA said that employers should not allow employees to use compressed air for cleaning themselves or their clothing in general industry situations. The eyes and other body parts, such as the respiratory system, may be damaged as the result of inadequate personal protective equipment, lack of chip guards, and/or uncontrolled release of compressed air.

The dangers

There are numerous dangers of improperly using compressed air:

• Embolism: If compressed air enters the bloodstream through a body opening or skin break, it can create an embolism (air bubble) that can be life threatening.
• Eye damage: Particles that are being blown can “blow back” and strike the eyes. The air itself can also cause injury if it is pointed toward the eyes.
• Hearing loss: Some compressed air equipment can be loud enough to damage hearing. Always wear proper PPE.
• Combustible dust: If compressed air is used to blow certain dusts, it can create a suspension in the air that could ignite if there is an ignition source.
• Respiratory: Particles or air can enter the respiratory system, posing deadly hazards.
• Whips: If not properly secured, hoses can whip and cause severe injury.

Workers must be trained that even extremely low pressures, such as 5 or 10 psi, can still cause severe damage if pointed toward the body, particularly the mouth, eyes, ears, or open areas in the skin.

Employers should train employees on the dangers of compressed air, and ensure the equipment is equipped with the necessary safety features and is properly maintained.

Supervisors should watch for improper use, particularly horseplay, and initiate corrective action. In addition, for many applications, a broom or shop vacuum may be just as effective at cleaning, and much safer. Compressed air may seem harmless, but if strict safeguards and practices are not utilized it can be deadly.

Can we use rope or chain as fall protection on loading docks?

Yes, if you install it correctly. Most docks are four feet or higher and require fall protection if the door is open without a trailer in place. Rope or chain must be equivalent to a guardrail, which requires a top rail and mid rail. A single chain is not acceptable.

Per 1910.29(b), the material must be at least one-quarter inch in diameter. The top rail must be 42 inches high, plus or minus 3 inches, for a range of 39 to 45 inches. The top rail cannot sag or deflect to within 39 inches of the surface under 200 pounds of force, and should be tight enough to prevent a worker from falling between the chains and the dock edge.

Are wheel chocks required at loading docks?

Employers must use some method to prevent the trailer from moving. OSHA gives examples of wheel chocks, but other options can work, such as dock locks. Even if the dock ramp is inclined downward, OSHA still requires chocks.

Note that OSHA’s directive STD 01-11-007 uses the term “mechanical means” instead of the term “dock locks.” Also, a Letter of Interpretation dated March 7, 2011, clarified that the Federal Motor Carrier Safety Administration (FMSCA) provision for relying on trailer brakes applies only to employers that are motor carriers. Other employers must ensure that forklift operators secure the trailer from movement before entering.

Do fixed ladders need cages?

Fixed ladders over 24 feet high that were installed prior to November 19, 2018, must have a personal fall arrest system, ladder safety system, cage, or well per 1910.28(b)(9)(i)(A). Employers must update those ladders with a fall arrest or ladder safety system by November 18, 2036.

OSHA previously required cages or wells on fixed ladders over 20 feet but removed that requirement in 2017. Employers often install cages on ladders under 24 feet for various reasons, such as limiting access, but OSHA does not require this. For related information, see our article, Planning fixed ladder fall protection upgrades.

Can we use designated areas on flat roofs?

A personal fall arrest or travel restraint system is required for work within 6 feet of the edge, but a designated area can be an option for work further from the edge. It can be used on low-slope roofs in two situations:

1. If the work will be at least 6 feet (but less than 15 feet) from the edge, a designated area may be used if the work is infrequent and temporary, such as changing an air conditioner filter once per month.
2. If employees will be working 15 feet or more from the edge, a designated area may be used even if the job will take several days or weeks.

Surprisingly, if employees will be at least 15 feet from the edge and the work qualifies as infrequent and temporary, no fall protection is required (not even a designated area). OSHA offered clarification on the terms “infrequent” and “temporary” in a Letter of Interpretation dated June 12, 2020.

Key to remember: The fall protection requirements in the Walking-Working Surface regulations raise many questions, but OSHA has published some clarifying guidance.