Aboveground storage tanks: SPCC integrity test FAQs

OSHA/NIOSH Heat Safety Tool

The OSHA/NIOSH Heat Safety Tool automatically calculates the real-time Heat Index based on the worker’s current location and displays temperature and humidity percentage. The app provides protective measures for the risk level and can track hourly temperatures to prevent heat stress. The Heat Safety Tool also provides symptoms of heat-related illnesses and first aid steps, including hydration and reminders to take rest breaks.

NIOSH PPE tracker

The NIOSH PPE tracker helps employers seamlessly track and log personal protective equipment (PPE) information. It allows for the recording and analysis of facility types where PPE is used as well as daily inventories. Reports generated from the app help with the management and procurement of PPE.

NIOSH Pocket Guide to Chemical Hazards

The NIOSH Pocket Guide to Chemical Hazards app allows worksite chemicals to be searched to better identify properties, storage and use requirements, and required PPE. Information provided by the app clarifies industrial hygiene information and recommendations for respirator use, symptoms of exposure, and first aid.

NIOSH Sound Level Meter app

The NIOSH Sound Level Meter (SLM) app was developed by acoustics engineers and hearing loss experts to help workers better understand their noise environment and hearing health. The SLM measures sound levels in the workplace and uses a built-in microphone to identify noise levels that are considered hazardous. Information can be shared as HTML or PDF reports that help determine proper protective equipment and implement controls to combat hearing loss.

NIOSH Ladder Safety

The NIOSH Ladder Safety app guides workers through important safety information when selecting and using a straight/extension or step ladder. From ladder setup, inspection, and safe use, workers are provided with the information they need to safely use ladders on the job.

NIOSH Lifting Equation Calculator (NLE Calc)

The NIOSH Lifting Equation Calculator (NLE Calc) provides quick and easy calculation of Lifting Index (LI) and Composite Lifting Index (CLI). These indexes are based on information the user provides about the job such as hand location, load weight, and frequency and duration of the lift. The app gives recommendations for safe lifting before the lift is even started.

NIOSH Mast Climbing Work Platform Safety Tool

The NIOSH Mast Climbing Work Platform (MCWP) safety tool is an inspection app that assists construction workers to safely use elevating equipment when working at heights. The app helps workers identify hazards and helps employers and safety professionals with training and compliance.

American Red Cross Workplace First Aid Safety App

The American Red Cross First Aid app provides instant access to lifesaving information from experts. Employees can use the app as a reminder of how to handle common first aid situations and stay prepared for various emergencies using videos and interactive quizzes. The ARC Workplace Safety app also allows calls to 911 directly from the app to summon emergency assistance.

ErgoMine Audit Tool

The ErgoMine ergonomics audit tool is designed specifically for mining hazards such as slip, trip, and fall hazards; musculoskeletal disorder (MSD) risks, and management of identified safety deficiencies. Audits are available for bagging, haul truck, and maintenance and repair operations at surface mining and processing facilities. Based on audit entries and checklists responses, the tool provides recommendations for remediating hazards and making ergonomic improvements.

Keys to remember

Ensuring workplace safety is a never-ending endeavor. Employers can benefit from workplace safety apps designed to monitor and evaluate hazards in the workplace. Check out the free apps mentioned above to see how it can benefit your workplace.

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

What do your drivers need?

The equipment requirements can vary slightly based on the type of vehicle, what it is hauling, and where it is operating. As a result, it can be confusing to find and understand minimum requirements. As a best practice, making sure the following emergency equipment is in your vehicles is a great start:

• Three bi-directional emergency reflective triangles;,
• Six flares capable of burning for 30 minutes or three liquid-burning flares that contain enough fuel to burn continuously for at least 60 minutes,
• A fire extinguisher,
• A first aid kit,
• A spare tire and jack,
• A flashlight and batteries, and
• Jumper cables.

Carriers that haul certain types of dangerous goods in Canada must also carry fire extinguishers in accordance with the Transportation of Dangerous Goods Regulations, so be sure to check these regulations for specific details.

It is highly recommended that you check with the jurisdiction where you operate your commercial motor vehicle for the specific requirements and regulations that apply to you.

When to take the necessary action

Whenever any commercial motor vehicle or trailer is disabled, stalled, broken down, or in a collision, the driver should quickly and calmly take the necessary actions to safeguard the vehicle and other motorists.

Having the vehicle equipped with the above-listed items will ensure that the driver can respond to the emergency efficiently and effectively. This is especially important on busy or high-speed roads. Ensure you also teach your drivers how to use the equipment. For example, if the truck breaks down – ensure they know where to put the emergency triangles, they know how to use the fire extinguisher properly and they have instructions on how to use jumper cables correctly.

It is recommended to use emergency warning devices for all emergencies, whether they occur during the day or night, or on-road or off the road, to ensure everyone’s safety.

What about south of the border?

Those of you that operate in the United States must meet U.S. regulations for emergency equipment in your vehicles. The minimum requirements can be found in section 393.95 of the Federal Motor Carrier Safety Regulations, which requires:

• A fire extinguisher (there are different types for whether the vehicle is carrying dangerous goods or not),
• Spare fuses, and
• Warning devices to use when stopped on a highway.

Other considerations

Ensure your commercial vehicles carry additional emergency equipment to protect the driver, other workers, and any passengers. For example, extra food and water should be carried along with weather-appropriate clothing to protect the driver in the event the vehicle breaks down and the driver is stranded until help can arrive. And, as always, make sure drivers have tire chains easily accessible. If they get hit by a sudden snowstorm, then they will be prepared. In fact, carrying tire chains is a requirement in some jurisdictions.

Dealing with on-road emergencies is no fun for drivers. Don’t make it more difficult for them in an already stressful situation. Be sure to properly equip your trucks with emergency-related safety equipment and ensure drivers know how to use the equipment.

If you don’t have the proper emergency equipment in your truck, it can result in a fine or penalty. Commercial motor vehicles and their drivers must meet strict safety standards and follow all commercial vehicle-related regulations. Police and transportation enforcement officers regularly inspect vehicles, and the penalties for not having the proper safety equipment can be severe.

Key to remember: Before your drivers get in your trucks and hit the road, make sure you’ve equipped them with all the essential emergency safety gear. Safety is the first priority, especially on the road.

1. CDL medical certification integration

The FMCSA’s National Registry Integration Phase 2 (NRII) went live June 23, 2025, aiming to simplify medical certification updates and reduce fraud. Under NRII, CDL drivers no longer self-certify medical cards after exams, and carriers no longer verify examiners on the registry. However, eight states remain non-compliant, requiring old processes. The non-compliant states are:

• Alaska
• California
• Kentucky
• Louisiana
• New Hampshire
• New Jersey
• New York
• Oklahoma

Key watchouts:

• If a driver fails an exam, the motor vehicle record (MVR) immediately shows “Not Certified,” even if time remains on the old card.
• Non-NRII states don't auto-update MVRs, so drivers must self-certify each medical card and carriers must obtain MVR proof after every exam.
• Drivers may leave clinics without a card, creating risk if they fail and don’t report it.

Tip: Require drivers to report after every exam and provide a copy of their medical card — even if the licensing state is not NRII-compliant.

Common questions:

If a driver’s certification is expired on the MVR, can they operate?

Yes, if within FMCSA’s waiver period and carrying a valid medical card;

No, if outside the waiver or lacking required paperwork.

Will medical information transfer if a driver changes states?

Yes, provided the old state posted the certification before transfer.

How are medical exemptions handled?

Certification won’t transmit from the National Registry until the FMCSA issues the variance; drivers must carry the variance while operating.

2. ELP enforcement

FMCSA has long required drivers to read and speak English under §391.11(b)(2), but enforcement changed in June 2025. Following an executive order, Commercial Vehicle Safety Association (CVSA) made ELP violations an OOS condition. Drivers failing a two-step roadside assessment—interview and sign recognition—are immediately sidelined.

Impact: ELP violations now rank #18 among driver violations, with over 9,000 OOS orders in six months.

Key watchout:

• Apply the same assessment process to all applicants to avoid discrimination and maintain compliance.

Common questions:

If a driver is placed OOS for ELP, when can they return?

Only after demonstrating English proficiency. Carriers should document compliance, ideally via a mock roadside inspection.

Can another driver rescue the truck?

Yes, if the vehicle isn’t OOS and the rescue driver meets all requirements. The original driver may ride as a passenger but cannot drive.

How can carriers ensure new hires meet ELP standards?

Conduct interviews in English, avoid translation applications, and include a mock roadside inspection during the road test.

3. Non-domiciled CDL rule changes

FMCSA’s interim final rule (IFR), effective September 29, 2025, introduced stricter requirements for states and non-domiciled CDL holders. Although enforcement is paused due to a court injunction, carriers should prepare for compliance.

Key watchouts:

• Non-citizens (except lawful permanent residents) must present an unexpired foreign passport and employment-based visa (H2-A, H2-B, or E-2).
• The CDL term is limited to one year or visa expiration, whichever comes first.
• Renewals must occur in person; State driver licensing authorities (SDLAs) must verify immigration status.

Common Questions:

What documents are required?

An unexpired passport and Form I-94/94A with an eligible visa.

What should carriers do during the pause?

Monitor expiration dates, prevent drivers from operating with expired CDLs, and help them obtain required documents.

Keys to remember: Proof of medical certification delays, language proficiency enforcement, and immigration-related CDL rules can quickly sideline drivers, impacting Compliance, Safety, Accountability (CSA) scores and profitability. Carriers should adopt proactive practices to keep drivers safe and qualified.

What is cabotage?

Simply stated, cabotage refers to point-to-point transportation of goods or passengers within one country. In the U.S., cabotage rules prevent foreign nationals in the U.S. on B-1 business-visitor visas from competing with U.S. truckers moving loads or passengers from point to point in the U.S.

Practically speaking, this means that foreign national truck drivers on B-1 visas may be admitted to the U.S. to deliver or pick up cargo traveling in the stream of international commerce, i.e., cargo that is entering or leaving the U.S.

However, those drivers cannot haul cargo between two U.S. locations.

Know the limits

Let’s look at how the requirements shape every international shipment, and the critical compliance points carriers employing these drivers must keep in mind.

Cargo must remain in international commerce stream (entering or leaving the U.S.). Goods that “come to rest” assume a domestic character (even if they originated from a foreign source) if the continual delivery is stopped for any reason that is not considered a “necessary incident” of international commerce, such as loading and unloading international cargo. Some examples of “coming to rest” include:

• Parking goods at a drop lot, holding lot, or warehouse to be picked up later and delivered (overnight or the weekend), unless the goods are parked awaiting clearance by a government agency (CBP, USDA, FDA).
• Switching tractors in the U.S., unless the tractors belong to the same company and the replacement tractor makes entry from a foreign country for replacement purposes (i.e. medical emergency, tractor breaking down).

Drivers admitted under B-1 visas can only pick up and/or deliver international shipments. Additionally, the drivers must:

• Maintain foreign residence.
• Intend to leave U.S. after authorized stay.
• Have financial means and meet admissibility requirements.

Caution: Customs AND Immigration rules apply

It’s important to note that U.S. Customs and Immigration regulations must be followed, as there can be subtle differences:

• Customs rules focus on equipment and cargo.
• Immigration rules focus on the driver and work authorization.

To demonstrate compliance:

• Maintain records proving the shipment is international.
• Verify the driver’s visa status and compliance before dispatch.

Prohibited activities

Even with the correct paperwork, certain activities remain strictly off-limits under cabotage rules. The following examples describe movements that are not permitted for the foreign driver:

• Picking up and delivering shipments between two U.S. points.
• Repositioning empty trailers within U.S. (unless specific exceptions apply).
• “Topping up” international shipments with U.S. domestic freight.
• Soliciting domestic deliveries while in the U.S.

Consequences

Failing to follow these rules isn’t just a technicality. It can have serious consequences for carriers and drivers alike. Violations can lead to:

• Suspension or removal from the Customs Trade Partnership Against Terrorism (CTPAT) program.
• Revocation of Free and Secure Trade (FAST) ID cards for drivers.

Strict adherence to cabotage rules is essential for international drivers operating in the U.S. Non-compliance with these regulations — including requirements under both Customs and Immigration law — can result in severe penalties, including suspension from trusted programs and loss of credentials.

Key to remember: By consistently verifying visa status, maintaining accurate records, and ensuring all shipments remain in the stream of international commerce, drivers and carriers protect themselves and their business from costly enforcement actions.

To-do before October 1

Get ready for renewal by taking the following steps now:

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

Beginning October 1

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

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

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

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

To renew your registration:

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

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

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

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
• Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

• The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
• The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
• Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
• A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
• Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
• Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
• Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
• The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
• If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

Prohibiting methadone raises issues

Methadone is an opioid and can be abused, but it can also be used as a treatment for opioid addiction. A drug policy that fails to take those differences into account, and always treats methadone use the same way, opens the door to a disability discrimination claim.

The issue with the company’s policy was brought to light when a job applicant applied for a laborer position and the hiring manager asked him about medications he was taking. The applicant said he was taking methadone, and the hiring manager said the company would not hire him due to its policy prohibiting employment of people who took the drug.

The applicant then checked with the company’s head of HR who confirmed that this was the company’s policy.

No methadone = disability discrimination

The EEOC charged the company with violating federal law because a policy of barring applicants who used methadone violates the Americans with Disabilities Act (ADA).

Employers covered by the ADA cannot impose unlawful barriers to a job for people with disabilities, the agency noted, and this includes workers with records of opioid addiction who are taking methadone or other medication as part of their recovery.

In addition, the timing of the employer’s question about methadone use was problematic. The applicant was at the stage of applying for a job and had not yet been offered a position.

Before a job offer is made, the ADA does not allow employers to ask job applicants for information that may reveal the existence, nature, or severity of a disability. This includes questions about medication.

Even after a job offer is extended, a question like this must be carefully considered. Employers cannot have a job qualification standard that tends to screen out workers with disabilities (such as requiring applicants not to use methadone) unless it is job-related for the position and is also consistent with business necessity.

Treating methadone use the right way

When applicants ask about a job, questions about medications such as methadone should not be part of the conversation. The ADA prohibits employers from asking about prescription medications until after an offer of employment is made. While it’s fine to ask about medications or give a drug test after offering an applicant a job, it’s also risky at that stage to have a policy of turning an applicant away because of methadone use or a positive drug test for methadone.

Instead, the employer should give the applicant an opportunity to provide information about lawful medication use. An employer never needs to accommodate the illegal use of drugs, but an employee taking a lawfully prescribed medication should not be automatically disqualified from a job.

If there are concerns that the employee’s legal opioid use or treatment for opioid addiction would interfere with safe and effective job performance, an employer should consider whether there is a reasonable accommodation that resolves the concerns. The employee can check with their healthcare provider for risks the medication poses in light of job duties, and the employee and employer can discuss possible accommodations.

Moving too quickly to dismiss an employee using prescription medication, and skipping this step, risks a discrimination claim.

Key to remember: An employee legally using prescribed medication, including methadone, has ADA protections. Employers should not automatically disqualify an applicant because of methadone use.

6 steps

The interactive process has 6 general steps, but these steps can be more or less formal, depending on the situation.

1. Recognize an accommodation request: Employees don’t have to use any special words or complete any particular forms when asking for an accommodation. They simply need to ask for a workplace change because of a medical condition, either mental or physical.
2. Gather information: If the condition isn’t obvious and/or employers don’t already have enough information, employers may ask for reasonable documentation of the employee’s limitation and need for the change.
3. Explore accommodation options: Look at the employee’s limitations in relation to the job’s essential functions, identify any barriers between them, and find a solution that breaks down or eliminates the barriers. The employee might have ideas, and employers should consider them. This is the crux of the process.
4. Choose an accommodation: Employers may choose from effective options. They don’t necessarily need to give employees the requested accommodation. Leave, even beyond the 12 weeks of FMLA leave, can be a reasonable accommodation.
5. Implement the chosen accommodation: Put the accommodation in place. This may require getting new equipment and training on it, modifying employees’ work schedules, adjusting relevant policies, informing the appropriate personnel, coordinating services, reassigning the employee as needed, and offering support as required.
6. Monitor the accommodation: Watch for changes in performance or needs, check in regularly with open communication, and return to the interactive process if needed to explore alternative accommodation solutions and help ensure accommodations remain effective and appropriate over time.

Employers should not delay this process. Whether it takes 15 minutes or 5 days, employers should document it to help maintain consistency, demonstrate good-faith efforts, and ensure continuity when roles, needs, or personnel change. It also helps protect both the employer and employee by creating a transparent, verifiable record of the accommodation process.

Key to remember: To comply with the ADA, employers should follow 6 basic steps when employees ask for a workplace change because of a medical condition.

Inpatient care explained

Inpatient care is an overnight stay in a health care facility. If the employee or family member had an overnight stay, it’s an FMLA serious health condition regardless of how many days of work the employee missed.

If the employee or family member did not have an overnight stay, employers move on to the continuing treatment part of the definition.

Continuing treatment defined

A serious health condition involving continuing treatment includes the following:

• A period of incapacity of more than three, consecutive, full calendar days, and any subsequent treatment that also involves:
  • Treatment two or more times within 30 days of the first day of incapacity by a health care provider, or
  • Treatment at least once, resulting in a regimen of continuing treatment.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity (or treatment for) a chronic serious health condition requiring treatments at least twice per year and continuing over an extended period of time. These may cause episodic rather than continuing periods of incapacity.
• A period of incapacity for a permanent or long-term condition in which treatment may not be effective.
• Any period of absence to receive multiple treatments (i.e., chemotherapy, radiation, physical therapy, dialysis), for restorative surgery, or for a condition that would likely result in a period of incapacity of more than three consecutive, full, calendar days if treatment isn’t received.

Not all parts of the definition above will apply to a particular situation. The only part of the continuing treatment segment that involves three days, for example, falls under the first bullet. For all the other parts, any period of incapacity would be FMLA leave. An employee doesn’t need to miss three days of work.

Focus on incapacity not absence when applying FMLA leave

The period of more than three days applies to how long the individual is incapacitated, not how many days of work the employee missed. If, for example, an employee who normally works Monday through Friday suffers a serious health condition on Friday evening and is incapacitated until Wednesday, the period of incapacity is more than three days. The employee missed only two days of work, but those two days would be FMLA leave.

Failure to designate an absence as FMLA leave when it is called for risks a claim that the employer interfered with the employee’s FMLA rights.

Key to remember: Employees don’t have to miss three days of work to trigger an employer’s FMLA obligations.

Major takeaways

Of all the industries, violations of 29 CFR 1926.501(b)(13) were hit most in fiscal year 2025, with 5,276 citations. That provision requires fall protection for residential construction. OSHA cited construction 14,322 times for the 10 most frequently cited serious violations for that industry. This is up 1 percent from FY 2024. It appears OSHA inspectors are keenly focused on construction enforcement.

In contrast, the agency cited general industry “just” 5,537 times in its top 10 for FY 2025. This was a decrease of 6.6 percent from the previous year. Shipyards, marine terminals, and longshoring received 31, 13, and 9 citations, respectively, in each of their top 5 lists for FY 2025. This reflected a 29 percent increase for shipyards, 50 percent free fall for marine terminals, and 44 percent slide for longshoring.

When comparing the data between FY 2025 and 2024, the top serious violation paragraphs stayed relatively unchanged for general industry and construction. Nine entries each reappeared in the general industry and construction dominant 10 lists. Maritime did not maintain their number ones year over year, however.

The subparagraph for lockout/tagout periodic inspections made its debut on the 10 most cited for general industry in FY 2025. The subparagraph for scaffolding fall protection above 10 feet was the new ranking on the construction top 10 list. The subparagraphs for types of machine guarding methods and residential fall protection remained the number one serious violations for general industry and construction, respectively.

Industry highlights

For general industry, the serious regulatory paragraphs with the highest number of citations included:

For maritime, you won’t find large numbers of violations, so the number one violation in each of the three maritime industries included the following:

For construction, OSHA tallies the following top 10 serious paragraphs as follows:

Key to remember

OSHA posted its Most Frequently Cited Serious Violations slide presentations for FY 2025. Knowing where your peers went wrong may help you prioritize your compliance efforts.

Employer responsibilities and worker exposure

OSHA emphasizes that, even without a specific “cold stress” standard, employers are obligated under the General Duty Clause (Section 5(a)(1)) to provide a workplace free from recognized hazards and must comply with PPE requirements in 29 CFR 1910.132. Workers commonly exposed to cold stress include:

• Food processing and warehouse personnel working in refrigerated or freezer environments;
• Dock and warehouse staff loading freight in unheated bays;
• Construction crews installing roofing, framing, or scaffolding;
• Utility workers repairing lines and equipment outdoors;
• Snow-removal teams operating plows and shoveling; and
• Emergency responders operating in severe, unpredictable conditions.

This list is not all inclusive; however, these jobs often involve long exposure to low temperatures, wind, wetness and physical exertion that test fine-motor tasks as dexterity drops in the cold.

Applying the hierarchy of controls to prevent cold stress

When the temperature drops, quick action matters. The hierarchy of controls gives employers a step-by-step plan to reduce cold stress risks before they turn into emergencies. Below are practical steps and examples for each level of the hierarchy from most protective to least:

Elimination/substitution - Remove or replace the hazard entirely.

• Reschedule non-essential outdoor work for milder days.
• Move tasks indoors when feasible (e.g., plan maintenance for warmer seasons).

Engineering controls - Modify the work environment to reduce exposure.

• Provide heated shelters or warming stations near work areas.
• Install windbreaks or temporary enclosures to reduce wind chill.
• Use enclosed or semi-enclosed equipment to minimize manual exposure during tasks like de-icing.

Administrative controls - Change how work is performed to limit risk.

• Implement work/rest cycles and enforce warming breaks.
• Train workers to recognize symptoms (shivering, confusion, numbness) and monitor each other.
• Rotate staff, limit time outdoors on extreme days, schedule fine motor tasks for the warmest part of the day, and
• Monitor forecasts/NOAA alerts for wind chill thresholds.

PPE - Provide gear when other controls can’t fully eliminate risk.

• Supply PPE at no cost per 29 CFR 1910.132;
• Layer clothing: moisture-wicking base, insulating mid-layer, windproof/waterproof outer shell;
• Choose insulated, dexterous gloves that preserve grip and function;
• Protect the head, face, and neck with balaclavas or thermal liners;
• Equip workers with waterproof, insulated boots and moisture-wicking socks;
• Use high-visibility outerwear per ANSI/ISEA 107 for low-light winter conditions; and
• Ensure PPE fits, stays dry, and is replaced when wet or worn; damp gear accelerates heat loss and increases cold stress risk.

Wind chill and why it matters

Wind chill is the temperature your body “feels” when wind speed and air temperature are combined. Wind strips away the thin layer of warm air next to the skin, accelerating convective heat loss. As wind speed rises, exposed skin cools faster, dramatically increasing frostbite and hypothermia risk.

OSHA and the National Oceanic and Atmospheric Organization (NOAA) use Wind Chill Advisories and Warnings to signal when conditions are hazardous or life-threatening. As an example, at 20 °F with a 20-mph wind, the wind chill is ~4 °F, meaning cold stress sets in much faster than the air temperature alone would suggest.

Key to remember: By integrating wind chill awareness with the hierarchy of controls, supervisors can drastically reduce cold-related injuries by keeping crews safe and productive throughout the winter season.

Slips, trips, and falls

Slips and trips can lead to falls, but the reason for either occurrence differs. Slips happen when there is a lack of friction between your feet and the surface you’re walking on, while trips occur when your foot hits an object and throws you off balance. Falls occur whenever you move too far off your center of balance. Falls from an elevated position present the greatest chance for injury or death, but same-level falls can also lead to serious injuries.

Slip hazards include:

• Water, ice, snow, grease, or any wet product on smooth floors;
• Dust, powders, or other dry products on smooth walking surfaces;
• Freshly waxed or highly polished surfaces;
• Muddy terrain; and
• Soles that are wet, muddy, or greasy.

Trip hazards include:

• Uncovered hoses, cables, wires, or cords across walking surfaces;
• Obstacles or clutter on walking surfaces;
• Unmarked steps or ramps;
• Rumpled carpets of mats; and
• Speed bumps and curb drops.

Additionally, other factors can contribute to slips, trips, and falls, including walking while distracted, fatigue, poor vision, and poor lighting. Ensure you perform a thorough hazard assessment. Don’t overlook the less-than-obvious hazards such as wet work surfaces or morning dew that workers may need to address before going to work.

OSHA’s Walking-working surfaces regulations

General industry requirements can be found under 1910 Subpart D, Walking-working surfaces. The regulations cover all walking and work surfaces, including floors, aisles, stairs, and ladders to name a few. Under OSHA’s Walking-working surfaces regulations, employers must ensure:

• All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, dry, orderly, and sanitary condition;
• Walking-working surfaces are kept free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice;
• Each walking-working surface can support the maximum intended load;
• Employees use the appropriate means of access and egress to and from walking-working surfaces;
• Walking-working surfaces are inspected regularly and maintained in a safe condition;
• Hazardous conditions are corrected or repaired before employees use the walking-working surfaces again; and
• A qualified person performs or supervises the correction or repair of any hazardous condition involving the structural integrity of the walking-working surface.

Slip, trip, and fall prevention measures

To mitigate slip, trip, and fall hazards, employers should provide:

• Handrails;
• Slip-resistant surfaces;
• Adequate lighting;
• Markings to indicate the edges of steps or elevation changes; and
• Training to workers that enables them to recognize slip, trip, and fall hazards.

Workers can also help prevent slip, trip, and fall accidents by:

• Wearing proper footwear;
• Applying safe work practices;
• Practicing good housekeeping (keeping walkways free of clutter); and
• Making note of slip or trip hazards.

When was the last time you checked your workers’ footwear? You may be surprised by what you find. Worn soles increase the risk of slipping over walking-working surfaces.

Key to remember

Employers should use guidance from OSHA’s Walking-working surfaces regulations to ensure workers’ protection from slip, trip, and fall hazards.

Limited exemption

First, many states run their own OSHA programs (state-plan states). Since the FMSCA jurisdiction agreement is with federal OSHA, states are not subject to the agreement could enforce chocking requirements in all cases, even for CMVs.

Second, OSHA expects employers to require chocking on CMVs if the employer’s workers (such as forklift drivers) will enter the trailer. Basically, OSHA stated that the FMCSA regulations (and jurisdiction issues) apply only to motor carrier employers that fall under FMCSA authority, not to other employers. To illustrate, if a CMV backs into the dock at a grocery store, and the store workers will unload the trailer, then OSHA has jurisdiction over the store workers.

OSHA addressed these issues in a letter of interpretation dated March 7, 2011, outlining the history of the agency’s agreement with the FMCSA. The letter clarifies that the FMSCA parking brake regulations “do not apply to companies which do not own, operate, or lease CMVs” and therefore OSHA can enforce chocking requirements against those employers.

If a manufacturing or retail employer is not subject to FMCSA regulations, but that employer has forklift operators unloading trailers, OSHA expects that employer to “take precautions to protect their workers ... from the movement of trailers.” Further, the letter clarifies that forklift operators “must be trained” not to enter a trailer “unless the trailer is properly secured or restricted from movement prior to boarding.”

For similar information, see our article, Five forklift facts that are not in the OSHA regulations.

Who’s responsible?

The above letter also asked who is responsible for confirming that no employees are injured when the truck driver attempts to move the trailer. OSHA responded that the employer must “ensure that forklift operators are not in the trailer or hostler when the driver attempts to remove the trailer from the loading dock.” Employers may adopt whatever procedures are necessary to ensure this.

The bottom line is that OSHA won’t enforce wheel chocking requirements on CMVs that are operated by a company under FMSCA jurisdiction. Other employers (like warehouses and manufacturing facilities) not under FMCSA jurisdiction must still take steps to protect workers from unexpected trailer movement — and OSHA will enforce those provisions.

Key to Remember: Although FMSCA regulations allow motor carriers to rely on parking brakes to secure trailers during loading and unloading operations, OSHA requires employers who are not motor carriers to secure trailers with chocks or similar means.

A restart

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

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

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

DOT drug testing

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

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

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

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

Stay the course for now

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

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

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

Total hours worked

Determining the total hours worked probably involves your Human Resources or payroll department. They key is to count only hours worked, not hours paid. Do not include vacation, sick leave, holidays, or other non-working time even if employees were paid for that time. If some employees are not paid the by the hour (such as salaried or commission employees) you can estimate their total hours.

The total hours are used to calculate the Total Recordable Incident Rate (TRIR), or incident rate, which is expressed as a ratio of injuries per 100 workers. For instance, a rate of 2.3 means that for every 100 employees, 2.3 employees had recordable injuries.

However, the incident rate is actually a ratio of injuries per 200,000 hours worked (representing 100 employees working 40 hours per week for 50 weeks). This allows OSHA to compare locations regardless of part-time staff, since the rate depends on hours worked, not on the number of people. This is also why employers don’t count vacation or holiday hours; employees cannot get work-related injuries during those hours.

Key to remember: Correctly calculating your workforce size and total hours worked ensures an accurate 300A summary and incident rate.