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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-06-27T05:00:00Z
NewsIndustry NewsVehicle inspector requirementsFleet SafetyAnnual inspections - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsUSAEnglishTransportationCMV Inspections
The advantages of in-house inspectors for commercial vehicles
The transportation industry is constantly changing. Carriers are constantly looking for new ways to improve compliance and cut costs. Having the ability to complete annual inspections in-house can be one way to achieve this goal.
Count the cost
Many carriers have a shop that can do basic repairs. By utilizing existing staff, a carrier can often begin performing annual inspection with little or no increase in cost. Over the long term, an in-house program can lower your bottom line.
When utilizing outside vendors, carriers are at the discretion of the vendor when it comes to cost. Downtime also comes into consideration when making the decision where to have annual inspections completed. In-house inspections can be scheduled for times that do not interfere with the driver’s delivery schedule. Third party shops often “get it in when they can”. Deliveries and pickups can be delayed if the inspection cannot be completed in a timely manner.
Annual inspections cover only specific items on the vehicle. Items that do not affect the safety of the vehicle may not be inspected, even if they affect the ability of the driver to safely operate the vehicle. As an example, mirrors are not listed on Appendix A to part 396. Although a driver could not safely operate a vehicle missing mirrors, the minimum requirements to pass the inspection have been met. Policies and procedures can be put in place to repair any deficiencies found during the inspection, before returning the truck to service when doing the inspections in-house.
Inspector qualifications
While the inspector must be qualified, there is not a certification that must be earned to complete these inspections. Anyone who meets the basic criteria would be qualified. The inspector must understand the criteria in part 393 Appendix A, master the procedures, tools and equipment used to perform the inspections, and have a minimum of 1 year training and experience. This can include: • Participating in a manufacturer sponsored or similar training program.
- Experience as a mechanic or inspector in a carrier’s maintenance program.
- Experience as a mechanic or inspector at a commercial garage or similar facility.
- Experience as a commercial vehicle inspector for a government entity.
These qualifications ensure that the mechanic is well-equipped to conduct thorough and accurate inspections, maintaining the safety and compliance of the CMV.
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RECENT INDUSTRY HIGHLIGHTS
2025-06-27T05:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Repealing a rule simply reinstates a previous version of that regulation
With the Trump administration taking a de-regulatory approach and repealing many standards adopted in the last 10 to 15 years, it’s worth keeping in mind that those repeals do not eliminate obligations on employers and businesses. When a federal agency repeals a recent revision to a regulation, the agency just reinstates an older version of the rule. When the previous version again goes into effect, employers need to determine their obligations under that version of the rule.
Federal agencies adopt regulations to implement federal laws such as the Clean Air Act or the Occupational Safety and Health Act, both of which became law in 1970. Those laws aren’t getting repealed, and the regulations implementing them have been changing for 50 years.
When a federal agency repeals a regulation, it still needs implement and enforce the underlying statute. The agency typically repeals an expansion of requirements, but then re-implements an older version of the rule. For example, if the Environmental Protection Agency (EPA) repeals a standard that increases passenger vehicle fuel economy, that doesn’t eliminate fuel economy standards. Vehicle manufacturers would still need to meet some lower standards that were in effect before the increase.
While new regulations create changes for employers, repeals of regulations also create changes that employers must evaluate. Employers likely need to consider:
- What specific requirements were eliminated? Should we keep doing some or all of them anyway? What are the costs of making changes?
- What new or different (older) requirements took effect? Were we already doing that, or do we need to make changes?
- What steps must we follow to effectively implement these changes? Among other things, this might include revising written procedures, obtaining different equipment, and training employees.
Laws rarely change
Most bills introduced in Congress never become laws. On the other hand, Congress almost never successfully repeals a law (like the Affordable Care Act). The battle over how to implement and enforce federal laws often takes place at the agency and regulatory level.
Effectively, regulations are interpretations describing how the agency will enforce federal statutes, but those regulations carry the force of law. When a regulation gets repealed or revised, a business might have a lower standard to meet, but it still has obligations. As noted, the repeal usually ends up restoring an older regulation, perhaps one that was last in effect ten years ago or more, and employers probably don’t remember exactly what those provisions required.
The point is that a repeal is still a change to a regulation. Employers will need to identify their revised obligations and implement plans for complying with the changed requirements.
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2025-06-26T05:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Landscaping season is in full swing: Are your workers safe?
A 32-year-old worker was operating a riding lawnmower along the edge of a steep embankment with a 10-foot drop to a drainage ditch. The lawnmower overturned, pinning the worker at the bottom of the ditch for five minutes before coworkers managed to free the worker. The injured worker was transported to the hospital but died from the injuries three days later. This tragic incident shows the kind of hazards landscaping employees face. Heat and unsafe operation of lawn equipment are among the more obvious hazards. However, exposure to chemicals, excessive noise, heavy lifting, and repetitive motions also pose a risk. Still other hazard sources include power tools, electrical equipment, motor vehicles, rough terrain, and trenching/excavations.
As illustrated earlier, these hazards can be deadly. A Bureau of Labor Statistics report shows 1,242 work-related fatalities occurred in the landscaping and groundskeeping industry from 2011 to 2022. That’s over 100 per year!
Regulatory requirements depend on hazard exposures
You won’t find a comprehensive OSHA regulation for landscaping or lawncare. Instead, the agency relies on its general industry and construction standards, where applicable. OSHA highlights the following standards, but there may be others:
- Bloodborne pathogens — 1910.1030;
- Electrical safety — 1910.332, 1910.333, 1910.334, and 1926.403;
- Excavation — 1926.651;
- Fall protection — 1910.28 and 1926.501;
- Hazard communication (HazCom) — 1910.1200;
- Housekeeping — 1926.25;
- Lockout/tagout — 1910.147;
- Medical and first aid — 1910.151 and 1926.50;
- Personal protective equipment (PPE) — 1910.132, 1910.134, 1910.135, 1910.136, 1926.100, 1926.101, and 1926.102;
- Respirable crystalline silica — 1926.1153;
- Rollover protective structures — 1926 Subpart W;
- Sanitation — 1910.141 and 1926.51;
- Telecommunications — 1910.268;
- Tools— 1910.243 and 1926.307;
- Lift trucks and other vehicles — 1910.67, 1910.178, 1910.180, 1926.600, 1926.601, 1926.602, and 1926.604; and
- Walking-working surfaces — 1910.22, 1910.23, 1910.27, 1910.30, 1926.451, and 1926.1060.
If the work is considered a maintenance activity, it’s covered by general industry regulations in 29 CFR 1910. If it’s considered a construction activity, you must follow applicable construction regulations in 29 CFR 1926. OSHA defines construction work as “construction, alteration, and/or repair, including painting and decorating.”
As an employer, you must assess the hazards employees are exposed to, determine and meet applicable regulations, and provide required training.
Biggest OSHA violations for the industry
The landscape and horticultural services sector is identified as North American Industry Classification System (NAICS) code 561730. The top OSHA violations for that code tell you where the industry was cited in fiscal year 2024:
- 1926.1153 – Respirable crystalline silica. This regulation applies to occupational exposures to respirable crystalline silica in construction work and includes provisions for protection and training.
- Section 5(a) of OSH Act - General Duty Clause. Violations may include heat/cold exposure and ergonomics, and other serious, recognized hazards not found in Parts 1910 and 1926.
- 1910.67 – Vehicle-mounted elevating and rotating work platforms. Employees must be trained to use powered platforms, manlifts, and vehicle-mounted work platforms.
- 1910.132 – PPE – general. Employers must conduct a hazard assessment, select appropriate PPE for employee use, and train employees on its proper use and care.
- 1910.135 – Head protection. Employees must wear head protection when working in areas where there’s potential for injury from falling objects and when working near exposed electrical conductors.
- 1910.1200 – HazCom. Employers must have a written HazCom program, make safety data sheets available, ensure hazardous chemical container labeling, and train employees exposed to hazardous chemicals.
- 1910.28 – Duty to have fall protection and falling object protection. Employers must provide protection and training for each employee exposed to fall and falling object hazards.
- 1910.180 – Crawler locomotive and truck cranes. Only designated personnel may operate cranes covered by 1910.180. There also are requirements for load ratings, inspections, and operational tests of equipment.
- 1910.333 – Electrical - selection and use of work practices. Employees must use safe work practices to prevent electric shock or other injuries resulting from electrical contact. These practices must be consistent with the nature and extent of the electrical hazards present.
- 1910.30 – Walking-working surfaces – training requirements. Training must be provided to employees who use personal fall protection systems and certain other equipment such as ladders, ladder safety systems, portable guardrails, designated areas, scaffolds, safety net systems, and rope descent systems.
Beyond the regulations
Regulatory requirements set a foundation for landscape employee safety and health. However, it’s important to note that machinery and equipment manuals provide guidelines for safe operation and use. Some manufacturers and distributors also offer training on the equipment they sell. Finally, safety data sheets and chemical labels offer employees precautionary information about hazardous chemicals.
Key to remember: Landscaping presents a variety of hazards. If you are an employer in the industry, you must perform a hazard assessment, determine and meet applicable general industry and construction regulations, and train employees. In addition, consider the guidelines found in equipment manuals.
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2025-06-25T05:00:00Z
NewsDisabilities and ADAIn-Depth ArticleUSAHR ManagementEnglishReasonable AccommodationsIndustry NewsDiscriminationDiscriminationHR GeneralistMedical ExaminationsAssociate RelationsFocus AreaDisabilities and ADAHuman Resources
Don’t delay ADA accommodations
When an employee asks for a workplace change because of a medical condition, the employer’s obligations to find a possible solution are triggered, and they must act promptly.
Since employees usually ask their supervisors for such changes, supervisors must be able to recognize these as requests for reasonable accommodations under the federal Americans with Disabilities Act (ADA).
During an interactive process with the employee, employers may ask for documentation about the need for an accommodation.
But what happens if an employer asks for reasonable documentation, then asks for more, and then more? This could delay the accommodation by months, hindering the employee from being able to do the job and putting the employer at risk of violating the ADA.
The next thing the employer knows, it’s in court defending its actions. Recently, this happened to an employer.
Service dog request
Alisha worked for a school district. Her military service left her with some disabilities, for which she had a service dog. On August 30, 2022, Alisha asked her employer to allow her service dog, Inde, to accompany her to work.
After meeting on September 16, the employer asked Alisha for additional information to determine what specific job functions were impacted by her disabilities and whether there were alternative accommodations. Alisha provided a letter signed by her Veterans Affairs (VA) treating provider, who confirmed that Inde was key to Alisha’s mental and physical health recovery.
The employer, however, said the letter wasn’t sufficient because the provider wasn’t a board-certified medical doctor. Alisha thus provided a letter from her treating psychiatrist, which again confirmed that Alisha needed Inde at work.
On November 11, the employer asked Alisha to undergo an independent medical exam, and she did. After that, the employer still balked, arguing whether a service dog was the only accommodation. Alisha then provided three letters, including correspondence from two other physicians, confirming limitations, and urging that the employer approve the request.
On January 6, a frustrated Alisha filed a claim that the employer failed to accommodate her disability.
Four days later, on January 10, Alisha underwent a VA-led examination that assessed her physical disabilities. Two doctors separately confirmed that Alisha needed Inde in all settings, including the workplace.
The employer said that the documents didn’t provide any information regarding potential alternative accommodations.
On February 1, Alisha filed a lawsuit against her employer. On February 17, the employer granted her accommodation request, but it was too late.
Delay was a failure to accommodate
The court agreed with Alisha that the employer’s six-month delay in granting her accommodation constituted a failure to accommodate her disability. It indicated that employer ADA obligations, including the interactive process, are triggered when an employee asks for an accommodation.
Employers that drag their feet could force employees to work under suboptimal conditions to endure an endless interactive process. They could simply document an employee’s failures and use the employee’s difficulties as an excuse to terminate them.
Don’t drag out the interactive process
Disability laws and applicable case laws don’t require employers to move with maximum speed to complete this process and preempt any possible concerns. But employers that delay in providing reasonable accommodation may show a lack of good faith in the interactive process.
The employer’s insistence that Alisha repeatedly give it information that confirmed her disabilities and need for accommodation could be seen as unreasonable.
Strife v. Aldine Independent School District, Fifth Circuit Court of Appeals, No. 24-20269, May 16, 2025.
Key to remember: While employers don’t have to go through the ADA’s interactive process at light speed, if they drag their feet, they can risk a violation and court case.
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2025-06-25T05:00:00Z
NewsIndustry NewsWaste/HazWasteEmpty ContainersWasteEnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
The compliance trap of “empty” containers
At first glance, an empty container seems like a non-issue – no product, no problem. But in the eyes of regulators, “empty” is a carefully defined status that can determine whether a container is harmless or still subject to hazardous waste rules, labeling, and fire or environmental risk controls. The EPA and OSHA have detailed definitions of what “empty” truly means. Misunderstanding these rules can lead to serious incidents, hefty fines, and unintentional non-compliance.
The EPA definition: “RCRA empty” explained
Under the Resource Conservation and Recovery Act (RCRA), a container that once held hazardous waste is only legally “empty” if it meets particular criteria outlined in 40 CFR 261.7. The first standard that must be satisfied is that all material has been removed from the container using normal means such as pouring, pumping, or aspirating. Secondly, no more than 2.5 centimeters or 1 inch of residue remains on the container's bottom or inner lining. Additionally, if the container holds less than 110 gallons, it is “empty” if no more than 3% of the total weight or volume exists. Of course, sometimes special circumstances require further evaluation. For example, a gas cylinder is not “empty” until the pressure has reduced to atmospheric levels, and acute hazardous waste containers must be triple rinsed with an appropriate solvent or cleaned by another approved method. If these conditions are not met, the container is still legally considered to contain hazardous waste, even if it feels empty.
The OSHA definition: “Empty” under the Hazard Communication Standard
While the EPA focuses on environmental disposal and waste management, OSHA’s concern with empty containers centers on worker safety—particularly the potential for exposure to hazardous residues or vapors. Under OSHA’s Hazard Communication Standard (29 CFR 1910.1200), a container that previously contained hazardous chemicals must retain its original hazard label until it is adequately cleaned or until the employer removes the label following proper decontamination procedures. For example, a drum labeled “Flammable” must keep this label even if it appears empty, as residual material or vapors may still pose a significant ignition or fire risk. Removing such labels prematurely could lead to workplace hazards and violations of OSHA regulations.
How to stay compliant
Employers must first clearly determine which rules apply to them: whether the container held hazardous materials governed by EPA regulations, hazardous chemicals subject to OSHA requirements, or both. Emptying procedures should be followed, including properly draining the container, performing triple-rinsing when required, and thoroughly documenting all decontamination activities. Original hazard labels must be maintained on containers until they are thoroughly cleaned or reconditioned, as removing labels prematurely violates OSHA’s Hazard Communication Standard. Additionally, employers should provide employees with training on the proper handling, labeling, and disposal of containers and ensure they fully understand what constitutes an ‘empty’ container under federal standards. Finally, a detailed record of all rinsing, draining, and cleaning processes should be maintained to demonstrate compliance during EPA or state inspections.
Keys to remember: Employers should educate their teams, enforce proper cleaning procedures, and maintain compliance records to ensure they are staying compliant with “empty” container standards.
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2025-06-25T05:00:00Z
NewsIndustry NewsIndustry NewsHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetyOccupational Safety and Health Administration (OSHA), DOLExtreme Temperature PreparationEnglishHeat StressFocus AreaUSA
Help employees beat the heat with two new OSHA resources
As part of its Heat Illness Prevention campaign, OSHA has added two new resources for employers. Safety in 5: Plan and Respond to a Heat Emergency provides a short guide for a five-minute toolbox talk or safety briefing that brings attention to heat emergencies. It can be customized with site-specific information and instructions.
Young Workers and Heat Illness is geared towards workers under 25. It explains why young workers are at risk for heat illness, common jobs where they may be exposed to hazardous heat, signs and symptoms of heat illness, what to do in an emergency, how to lower the risk of heat illness, and employer responsibilities.
Both resources can be found at osha.gov under Heat Illness Prevention.
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.