Avoiding compliance pitfalls: understanding the overlap between HAPs and VOCs

Spanish translations prompted by law

The Pesticide Registration Improvement Act (PRIA) has been enacted and reauthorized five times. The latest version (PRIA 5) was signed on December 29, 2022. It amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require Spanish language translation for sections of the end-use pesticide product labels. However, those translations are only required where translation is available in the EPA “Spanish Translation Guide for Pesticide Labeling.”

Those sections deal with the health and safety of the product. Specifically, the guide has Spanish translations of the:

• “Keep out of reach of children” statement,
• Restricted use pesticide (RUP) statement for restricted use products,
• Misuse statements,
• Signal word,
• First aid section,
• Precautionary statements,
• Personal protective equipment section,
• Engineering controls,
• Environmental hazards,
• Physical or chemical hazards, and
• Storage and disposal statements.

Methods of communicating translations

When a registered pesticide product is released for shipment, PRIA 5 requires translations or a link to translations on the product container. Any link would be via scannable technology or other accessible methods. Antimicrobial pesticide products and non-agricultural/non-RUP products have yet another option. They may provide a link to the Spanish safety data sheets instead of a link to label translations.

Deadlines for translations

PRIA 5 establishes a rolling schedule for the implementation of bilingual labeling. The schedule runs from December 2025 to 2030, with the translations for the most hazardous and toxic pesticide products required first. In fact, EPA is starting with RUPs and agricultural pesticides classified as acute toxicity category I. All end-use pesticide labels must have translations by 2030. 

The dates when bilingual labeling is due are based on pesticide product type:

EPA tracking required

PRIA 5 also requires EPA to develop, implement, and make publicly available a plan for keeping track of the adoption of bilingual labeling. The agency previously proposed and received comments on using the annual paper maintenance fee filing form to track adoption. It would have used a checkbox to indicate whether products included bilingual labeling.

However, EPA has scrapped that approach. It’s now proposing to track adoption through its electronic MyPeST app. In this case, registrants would electronically check a box next to each pesticide product indicating whether it includes the required bilingual labeling. MyPeST would display product information — such as product type and signal word — to help registrants determine their products’ compliance dates.

The agency wants to also add a checkbox to MyPeST to indicate that a pesticide product will not be released for shipment. This helps distinguish between noncompliance and nonapplicable circumstances.

For tracking purposes, registrants would not need to submit the labels to EPA.

EPA seeks comments

Comments on the proposed tracking method must be received on or before September 19, 2025. Send comments to docket ID EPA-HQ-OPP-2025-0049 at www.regulations.gov. Any comments are welcome, but EPA is particularly looking for examples of how it could reduce this tracking paperwork burden for businesses employing less than 25 workers.

The proposed method is anticipated to take 24 hours and cost just over $3,000 per covered entity per year. Entities potentially affected by the notice and comment request include:

• Pesticide importers,
• Pesticide manufacturers, and
• Government establishments responsible for agricultural pest/weed regulation.

Q&As available

EPA says it has also updated its Bilingual Labeling Questions & Answers webpage. Additional questions and answers touch on topics relating to, but not limited to:

• Enforcement,
• Supplemental distributor labels,
• QR codes and websites already on the label, and
• How to handle subsequent label changes. 

This living document now has over 50 Q&As. It will be updated as PRIA 5 requirements and deadlines are met, and new information is available.

Key to remember

EPA issued a notice requesting comments by September 19th on how it wants to track the adoption of bilingual labeling. Spanish language translation for sections of the end-use pesticide product labels has a rolling schedule from 2025 to 2030. The agency also updated its Bilingual Labeling Questions & Answers webpage.

What are PFAS?

PFAS, called “forever chemicals,” are long-lasting manufactured chemicals that may pose risks to human and environmental health. With thousands of PFAS chemicals, however, controlling their use to reduce the risks is no easy task.

Additionally, PFAS appear in nearly every sector. They’re used in a wide range of products (like food packaging, cleaning products, and textiles) and for commercial and industrial applications.

Current state PFAS actions

Multiple states already have PFAS rules on the books. Check out these examples:

• California bans selling or distributing in commerce any new juvenile product that contains regulated PFAS chemicals (CA HSC Section 108946), such as changing pads, motor vehicle child restraint systems, playpens, and strollers.
• Colorado requires manufacturers of cookware with intentionally added PFAS in the handle or any product surface that contacts food to, among other things, list the presence of PFAS on the product label (House Bill 22-1345).
• Hawaii prohibits manufacturing, selling, offering for sale, and distributing for sale or use food packaging — wraps, liners, plates, food boats, and pizza boxes — with intentionally added PFAS (Act 152 Relating to environmental protection).
• Maryland bans manufacturing, selling, and delivering cosmetic products that contain any of 13 specified PFAS (Md. Code, Health-Gen. Section 21-259.2).
• New York forbids selling or offering for sale new apparel with intentionally added PFAS (N.Y. Consolidated Laws Section 37-0121).

Many states also have proposed PFAS rules under consideration.

Stay alert to state PFAS actions

If your facility uses PFAS, it’s essential to know whether the state has regulations that apply to your operations. Plus, knowing the state’s potential future PFAS rules coming down the pipeline can help you better prepare to comply.

Consider these general tips to support your facility’s efforts to track state PFAS actions:

• EPA provides an online list of the state environmental agencies with links to their websites. Check the state environmental agency’s online news and press releases for policy updates.
• Search for a dedicated rulemaking webpage, as many states maintain a list of proposed and recently adopted regulations. Note that some state sites may be easier to navigate than others, and some state sites may not have a dedicated rulemaking webpage.
• Establish a contact at the state environmental agency. Each agency should list contact information, so don’t hesitate to reach out. You may be able to find someone at the agency who can answer questions about the state’s current and future PFAS rules.

Staying alert to state PFAS regulations can help your organization maintain compliance.

Key to remember: States across the country continue to consider and implement regulations related to PFAS. Staying alert to state PFAS actions is key for businesses to stay compliant.

Will my facility have to comply?

EPA’s risk evaluation determines whether an existing chemical substance presents an unreasonable risk to health or the environment under specific conditions of use (COUs). Risk management regulations only apply to the COUs that present an unreasonable risk. If your facility engages in any covered COU, it will have to comply with the applicable future restrictions.

Let’s revisit the 1,1-dichloroethane risk evaluation. One of the three COUs that endanger the health of workers through inhalation exposure is the processing of the chemical substance for recycling. If a facility doesn’t process 1,1-dichloroethane for recycling, it won’t have to comply with future regulations for that COU.

Who’s affected?

The final risk evaluation defines the categories of human and environmental populations covered by the assessment (such as consumers, the general population, workers, and aquatic species), and it identifies the COUs that apply to them.

Knowing the types of populations that a covered COU affects can help facilities narrow down the kinds of compliance requirements that may apply. For instance, a final risk management rule may require facilities to:

• Implement a workplace chemical protection program for exposed employees,
• Send downstream notifications to supply chain members, or
• Add warning labels to consumer products.

What’s the regulatory timeline?

TSCA grants EPA one year from the publication date of the final risk evaluation to propose a risk management rule and another year after that to finalize it. So, potentially covered facilities can expect regulations within two years of the final risk evaluation.

For example, EPA published the final risk evaluation for 1,1-dichloroethane in June 2025, so the agency should finalize a rule by June 2027.

Compliance obligations for a final rule likely won’t begin immediately; EPA usually gives facilities time to make any needed changes to things like operations, equipment, etc.

How can my facility prepare?

Keep these tips in mind:

• Search for safer alternative chemical substances to use. In addition to eliminating the potential for new or additional compliance requirements, using a safer alternative can offer your business a competitive advantage. EPA’s Safer Chemical Ingredients List may be a good place to start.
• Look for ways to reduce employee exposure to the chemical substance. Evaluate your facility’s existing operations for ways to lower worker exposure. Consider things like changing work processes or upgrading to equipment with more protective features.
• Participate in the rulemaking. EPA will open its proposed risk management rule for public comments. You can provide feedback on the compliance requirements the agency plans to impose on regulated facilities. EPA will consider the public comments it receives before finalizing a rule.

Key to remember: EPA’s final chemical risk evaluations give facilities a heads-up that compliance changes are likely within the next couple of years.

Real-time monitoring improves oversight and response

One of the most important advancements is the use of real-time sensors and Supervisory Control and Data Acquisition (SCADA) systems. These tools allow operators to monitor key factors like pH, flow rate, temperature, and contaminant levels around the clock. If something goes out of range, alerts are sent immediately – helping prevent violations and environmental damage.

Automated sampling and reporting also make it easier to meet regulatory requirements. By reducing manual work and improving accuracy, facilities can respond faster to changes in discharge conditions. This is especially helpful in industries where wastewater characteristics vary, such as food processing or chemical manufacturing.

Predictive analytics and AI support proactive management

Beyond monitoring, predictive analytics and artificial intelligence (AI) help facilities anticipate problems before they happen. By analyzing past data, these systems can predict equipment failures, detect changes in influent quality, and recommend better chemical dosing strategies.

Such a proactive approach reduces downtime, lowers maintenance costs, and improves treatment results. It also helps with long-term planning by identifying trends that may point to needed upgrades or process changes.

Digital twins enable safer, smarter optimization

Some facilities are using digital twins – virtual models of their pretreatment systems. These models simulate real-world operations, allowing engineers to test changes in flow, chemical use, or equipment without affecting actual processes.

Digital twins are also useful for training. New staff can explore how the system works and practice emergency responses in a safe, controlled environment.

Cybersecurity and data protection are growing priorities

As more systems become connected, cybersecurity is a growing concern. Facilities must protect their digital systems from unauthorized access and data breaches. This includes using secure networks, encrypted communication, and regular system checks to ensure data is safe and reliable.

Looking ahead: integration and interoperability

The future of smart pretreatment lies in system integration. Facilities are looking for platforms that combine data from sensors, lab tests, maintenance logs, and compliance reports. When digital tools work together, operators get a clearer view of system performance and can make better decisions.

Key to Remember: Digital tools are no longer optional—they’re essential for modern industrial wastewater pretreatment. By adopting smart technologies, facilities can improve compliance, reduce costs, and support environmental goals.

Assemble the team

The first step is assembling a team of “experts” to look at the vulnerabilities that exist in your organization. This brainstorming team should represent all departments, locations, and shifts.

During this tabletop exercise, participants take on the persona of a security threat and let their imaginations run wild. By putting themselves in the criminal’s shoes, participants look at how someone might gain entry, steal, vandalize, or cause physical harm based on their knowledge of the facility and organization.

Set objectives

A team cannot function properly unless it has specified objectives.

Members of the risk assessment team:

• Need to know what needs to be accomplished, even though creativity is being encouraged; and
• Should remain on task.

The objective of the group is simple: Find real-life vulnerabilities (and roadblocks) when considering fictitious security scenarios. The “enemy” in the scenario has an objective (e.g., stealing load information, workplace violence), and the group needs to think like the perpetrator to figure out how they might accomplish this goal.

Establish team rules

Meetings need a sense of order no matter how much you promote thinking outside the box. You will need to explain the parameters being set.

• Tailor the meeting style to fit your group. Consider the following possibilities:
• Require everyone to present at least one idea.
• Require no minimum contribution (removing pressure).
• Give individuals a specific amount of time to speak with no interruptions.
• Set aside time at the end, after everyone has presented ideas, to offer comments they were thinking as others spoke.
• Offer a casual environment.

Other important rules for the exercise include:

• Respect. No one should be allowed to criticize another person’s ideas, since this may stifle creativity.
• No distractions. Electronic devices (e.g., cell phones, laptops) should be turned off to eliminate distractions. Communication devices interrupt the conversation, break the flow of ideas, and result in lost momentum.

Take notes

Discussion should be timed, and someone should be designated to take notes on the ideas. No idea should be viewed as “crazy.” Sometimes what appears totally absurd has merit and could be a real threat against an individual or the organization.

The notetaker should write all ideas down on a dry erase board or flip chart. Documenting what has been said:

• Shows that all ideas are taken seriously,
• Prevents someone from repeating what has already been said, and
• Provides a visual of the ideas to work from.

Identify viable ideas

By the close of the tabletop exercise, you hopefully have a wide array of ideas to consider. The group should select those vulnerabilities that warrant a more detailed examination.

Consider the following when determining which ideas to pursue:

• How easy is the act to perform (e.g., break in, steal cargo, assault an employee, hack into the system, etc.); and
• The severity of the event (e.g., how much physical harm, financial loss, etc.).

The team’s decision should not be influenced by that of the leader/ facilitator. You do not want to experience groupthink. Whichever ideas receive the most votes should be investigated in greater detail.

Key to remember: A fun and engaging tabletop exercise that puts your staff in the shoes of a criminal might just reveal some overlooked vulnerabilities.

Pro: Familiarity with the motor carrier

Acclimating a new hire to a corporate culture and learning a new job takes time. For some new employees, the company and/or position isn’t what they expected, so they eventually leave. Invaluable time is lost when a new person doesn’t work out.

But a former employee who is reapplying knows what to expect from the company and what the job entails. Unless the company and/or the job description has gone through major changes since the past employment period, there should be minimal surprises for the returning employee. The onboarding process should take less time, allowing the company to place the former employee into the position sooner than others, resulting in cost savings.

Pro: Access to work records

Former immediate supervisors should be able to recall the boomerang employee’s previous work history, and recruiters should have access to the employee’s performance reviews, exit interview, and so forth. This information will assist in knowing whether this individual is eligible for rehire.

Con: Reasons for leaving

Motor carriers should look at why the employee left the organization.

Was it due to:

• Unresolved grievances?
• Conflicts with coworkers and/or supervisors?
• Greener pastures?

If the reason for leaving still exists or resurfaces, you may see this employee exit once again.

Pro or con: Length away

The longer a former employee has been away from the company, the less likely you can apply past performance to present or future behavior.

Ask yourself:

• When you remember the employee’s performance, is it accurate or tainted by time?
• Has the individual changed? For example, has the time away provided growth, additional experience, and maturity?

Other considerations include a change in:

• Expectations of the position (e.g., knowledge, equipment); and
• Corporate culture (e.g., management, policies, and procedures).

The individual may no longer be a fit — or might be a better fit than before — based on these new factors.

Rehire interviews

Recruiters should not assume that a former employee will pick up where they left off. Boomerang employees should be formally interviewed just like any other applicant. Motor carriers should:

• Examine their skillset, current disposition, and any additional experience during the time away (e.g., new certifications or skills);
• Look for red flags, such as multiple employers over a short period or a poor safety history during the absence; and
• Determine, if possible, why the boomerang employee wants to return. It may not be the enthusiastic return the company had hoped for. For instance, a recent employment may not have worked out, and the former employer is just one option under consideration.

If the employee is rehired, don’t assume they can skip refresher training, especially if the person has been gone a while.

Key to remember: Rehiring former employees can offer some benefits. But each candidate must be taken on a case-by-case basis to determine whether a return is right for both the carrier and employee.

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!

Details of the paper med card waiver

This waiver applies to both CDL and commercial learner’s permit (CLP) holders. Non-CDL drivers are not affected by this waiver since they already are required to be issued a paper medical card.

As a reminder, the two key impacts of this waiver include:

1. Commercial driver’s license (CDL) drivers can use paper medical cards as proof of medical certification for up to 60 days after the certificate has been issued (following the DOT exam) while operating a commercial motor vehicle (CMV).
2. Carriers can use the medical card in the DQ file to be replaced by the CDL motor vehicle record (MVR) with the latest medical certification within 60 days.

The waiver’s terms and conditions

The waiver does not apply to:

• A driver who doesn’t have a copy of their current, valid medical examiner’s certificate that was issued by a certified examiner 60 days prior; or
• A motor carrier that doesn’t have a copy of its driver’s current, valid medical examiner’s certificate that was issued 60 days prior.

Additionally, the FMCSA reserves the right to revoke the waiver if safety conditions are negatively impacted in terms of the goals and objectives of the original order.

Iowa OKs electronic notices

Iowa employers who conduct drug tests may now use electronic communication to notify employees about positive results when employees agree to this method of communication. They can also use an in-person exchange of written materials if that is what an employee would like to do.

These methods of communication can also be used when an applicant or parent of a minor agrees to receive notices this way.

Employers used to be required to send notifications by certified mail, return receipt requested. This method can still be used when it’s preferred by an employee, prospective employee, or parent of a minor.

In addition, the state has:

• Changed the definition of safety-sensitive position. It is now a position designated by the employer as one where an accident could cause loss of human life, serious bodily injury, or significant property or environmental damage. Previously, the employer did not have the power to designate a position as safety-sensitive. This definition comes into play when doing random testing as the testing pool may consist of employees in safety-sensitive positions.
• Modified attorney fees. An employer who violates the state’s drug testing law is subject to penalties, including the payment of reasonable attorney fees. The law previously did not use the term “reasonable.”
• Shifted the burden. An employee or applicant who believes their rights have been violated now has the burden of proving that a violation directly caused any damages.

Ohio turns three programs into one

Ohio has merged its Drug-Free Safety Program, Drug-Free Safety Program Grants, and Substance Use and Recovery and Workplace Safety Program into a new entity: The Substance Use and Prevention Recovery Program (SUPR).

The voluntary program is available to public employer taxing districts and private employers with state workers’ compensation insurance. Self-insured employers can enroll at the comparable level to be included on the list approved state construction contractors.

Under the new program:

• Enrollment is open year-round;

• Employers no longer need to file a Safety-Management Self-Assessment or a Safety Action plan;
• Most participants are automatically eligible for reimbursement grants that can be used to pay for policy development, training, drug and alcohol testing, and substance use assessments;
• Substance use assessments for employers with second chance programs are now eligible for reimbursement; and
• An online accident report is only required for lost-time claims.

Employers may enroll at a basic, advanced, or reimbursement-only level, or may enroll with a comparable program. The basic, advanced, and comparable levels require employers to train supervisors and employees, conduct drug and alcohol testing, and have a written policy.

Employers applying only for reimbursement must keep documentation to support the reimbursement request for three years.

The state is creating an online portal where employers will be able to report program completion and request reimbursement for eligible expenses.

Minnesota requires new notice

Minnesota employers must now comply with a notice requirement when taking certain negative actions against medical marijuana patients.

State law prohibits employers from discriminating against patients because of medical marijuana use or because of a positive drug test for marijuana. There are exceptions for employees who are impaired by marijuana at work, and when failing to act would cause an employer to:

• Violate a federal law,
• Lose a monetary benefit, or
• Lose a license-related benefit.

Employers who decide to take a negative action because not doing so would violate the law or result in the loss of benefits must now provide a written notice to employees at least 14 days before the action. The notice must:

• Cite the specific law or regulation that the employer believes would be violated if it did not take that action, or
• Specify the monetary or licensing-related benefit under federal law that the employer would lose if the action had not been taken.

A patient may bring legal action against an employer for violating the law, and an employer must not retaliate against a patient who asserts their rights.

Key to remember: Some states have detailed drug testing laws, and while they do not change often, employers need to stay on top of changes to remain in compliance.

Exposed employees

Employees who are exposed to someone with measles should contact their health care provider and report the exposure. Employers should encourage them to stay home to help avoid spreading it at work. Employers should also notify the local health department and follow its recommended actions. As with any other employee medical information, employers should keep the identity of infected employees private.

People carrying the virus are contagious from four days before they develop a rash through four days after it appears. Employers might want to give employees measles information on:

• Symptoms,
• Vaccinations or past-exposure status, and
• Exposure to pregnant employees or those who might be pregnant can be harmful or even fatal to an unborn child.

Symptoms of measles include:

• High fever;
• Cough;
• Runny nose;
• Red watery eyes;
• Tiny white spots on the inside of the mouth; and
• A rash that begins on the face and spreads down the neck, trunk, arms, legs, and feet.

Employers might also revisit their old COVID-19 procedures to help keep employees safe, such as cleaning, distancing, working from home, or providing leave. Exposure prevention measures are critical in workplaces located in communities experiencing a measles outbreak.

Key to remember: Parts of the U.S. are experiencing a measles outbreak. Employers need to know how to deal with potential issues.

The intent of the standard

OSHA’s powered industrial truck (PIT) standard (29 CFR 1910.178) is intended to ensure the safe use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The standard outlines requirements for operational permits and certification.

And, though not specified in the standard itself, PIT operators must be at least 18 years old per federal child labor regulations.

License and certification Q&A

The OSHA PIT standard clearly defines requirements for training and certification. However, some licensing and certification information isn’t as clear. Here are some clarifications:

Q: Who can train, evaluate, and certify PIT operators?

A: OSHA requires in 1910.178(l)(2)(iii) that, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.” The OSHA standard doesn’t further define this requirement or set any specific or additional certifications.

Q: Does OSHA require PIT operators to have a valid driver's license?

A: Federal OSHA has no requirement that a forklift operator has a valid motor vehicle driver's license. Some states are more stringent, so check your local and state requirements to confirm.

Q: Does OSHA have regulations that impact an employee’s ability to operate PITs if they’ve received a DUI or suspended license?

A: Because OSHA doesn't require a valid motor vehicle driver's license, the status of that license doesn’t impact PIT operator permitting. Individual states or the employer may have policies that dictate otherwise.

Q: Are PIT drivers required to have their license on them when they are working?

A: Federal OSHA doesn’t require PIT operators to have a license or permit. However, some states such as Michigan do require this. Typically, in states that require a permit or license, the license must be “readily available.” Companies have the option to require the permit or license be carried with the operator.

Q: Are operators required to be trained on each manufacture of PIT model?

A: A June 15, 1999, OSHA letter of interpretation (LOI) clarifies that operators are to be trained and evaluated in the safe operation for the type of truck they’ll be assigned. Operators wouldn’t need additional training for same truck types but would need additional training when truck- or workplace-related training topics are different.

Q: Do PIT operators need to be recertified if they move from one state to another with the same company?

A: In an LOI dated October 1, 1999, OSHA states, "As long as the employer has a reasonable basis to believe that the third-party trainer is qualified and has a program that meets the requirements of the standard, it can rely on that trainer to conduct the training and evaluation of employees and can certify that these employees have been trained. However, the employer may need to provide additional training on site-specific or truck-specific matters." This shouldn’t require retraining for the same type of forklift as already certified; however, workplace conditions or other factors of the new work location may require training for forklift operation in the other state(s).

Operator Impairments

In addition to being properly trained and evaluated, OSHA expects employers to ensure physical capabilities. OSHA references the American National Standards Institute (ANSI) Standard B56.1-1969. Section 6 clarifies that, “Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."

Employers should consider OSHA PIT regulations and the General Duty Clause, ANSI standards, and the Americans with Disabilities Act (ADA) requirements when evaluating physical qualifications. In short, if a worker demonstrates the visual, auditory, and mental ability to safely operate PITs, he or she is permitted to operate them.

Keys to Remember

OSHA requires employers ensure the safe use of forklifts and other powered industrial vehicles. Employers must ensure operators have the knowledge, skills, and physical ability to safely operate PITs.

Certifications and recertifications

How can employers stay on top of such changes? First, they may ask for an initial certification supporting the need for leave. The certification should give employers enough information to determine whether the employee needs FMLA leave for a qualifying reason.

For medical certifications, it should indicate which part of the FMLA’s definition of a serious health condition is involved. It should also include information on how much leave the employee needs.

Because things can change, employers may ask for recertifications now and then. They may ask for them no more often than every 30 days unless the certification indicates that the minimum duration of the condition is more than 30 days. In that situation, employers must wait until that minimum duration expires before requesting a recertification.

In all cases, employers may request a recertification of a medical condition in six months in conjunction with an employee’s absence (i.e., not just a random request).

Employers don’t have to wait the 30 days, the minimum duration, or six months to ask for a recertification in limited situations. This happens if:

• The employee requests an extension of leave,
• Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications), or
• Employers receive information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification.

Taking Jo’s example, if the initial certification indicated that she needed four weeks of continuous leave, but after three weeks, Jo said she could do some work, employers could ask for a recertification, as something had changed. If, after taking intermittent leave, Jo reinjured herself and went back to needing continuous weeks of FMLA leave, the employer could ask for a recertification.

Key to remember: Life situations seldom work on a straight trajectory. Things change, and so can an employee’s FMLA leave needs. What can start as a continuous leave can change to an intermittent leave, and vice versa. Employers can keep up with such changes using recertifications.

Step 1: Breathe

It starts with pausing and realizing that you can’t do it all, Dickens said.

“The first thing I want you to do is breathe!” she said. “You cannot handle all this alone.”

Step 2: Identify what you’re good at

HR professionals should focus on their strengths and the changes they are best able to address. For other issues, they should leverage the expertise of those in their network.

“Don’t give yourself whiplash” by looking at all the changes taking place every day, she said.

Instead, focus on two or three things that fall into your wheelhouse.

“Anything outside that box, find someone else who is an expert,” she said.

Step 3: Look for partners

Those experts might be inside or outside an organization. Within their own company, HR professionals can work with their company’s legal counsel, for example, to understand the impact of legislative and regulatory changes and steps that need to be taken.

“You can lead in saying what the strategy is and let people do the things that they are good at,” Dickens noted. “You don’t necessarily have to lead everything by doing the work and executing on the work.”

If a company does not have an outside counsel, she advises HR professionals to champion for one to be added to the budget. She also suggests that HR professionals get to know the people in their company who specialize in government affairs.

“Take them out to lunch, go walk, have some or coffee,” she said. “Start talking to them about what your concerns are so that gets on their radar.”

When hiring for HR roles, she suggests looking for individuals who have expertise in areas that are not current strengths for team members. “Every HR generalist has an area they are really, really good at,” she noted.

While these strategies can’t stem the tide of change, they can make it a little easier to manage. As Dickens said, “These are practical things that can help you make your way through this.”

Key to remember: HR professionals and others with HR duties shouldn’t work in isolation when dealing with change. They should pause, consider what they are best at, and tap into their network for support.

1. How high can materials be stacked on pallets for storage?

OSHA doesn’t have a specific regulation that sets a height for materials stacked on pallets or shelving. However, the Agency does require in 1910.176(b) that:

“Storage of material shall not create a hazard. Bags, containers, bundles, etc., stored in tiers shall be stacked, blocked, interlocked and limited in height so that they are stable and secure against sliding or collapse.”

Additionally, OSHA does have a requirement in 1910.159(c)(10) regarding sprinkler clearance. A minimum 18” vertical clearance must be maintained between the sprinkler heads and stored materials to ensure effective sprinkler operation.

It’s important to also remember there could be height limitations based on the type of materials and potential fire load (for example, empty pallets can pose a hazard from fast developing fire and intense heat released from pallet stacks. Due to this, there are height limitations based on type of material, sprinkler system, and whether storage is indoor/outdoor, etc. Employers should always check with their local fire authority for additional guidance.

2. How long do we have to keep the daily inspection records for material handling equipment, such as forklifts and pickers?

Under 1910.178, OSHA doesn't set any specific retention periods for this material handling equipment's daily inspection. Technically, the regulation doesn’t even require documentation, but they do require the inspections to be completed.

As a best practice, employers should determine how long inspection records should be retained and document the retention period in the company policy/program. Additionally, some employers also keep inspection records that identify issues or maintenance needs for a longer period as a systematic process focused on keeping machinery and equipment in optimal working condition.

3. Is there a specific OSHA regulation that requires all stored workplace containers with liquid to be securely sealed and labeled?

OSHA’s materials handling and storage standard at 1910.176(b) states that “storage of material shall not create a hazard.” From an OSHA standpoint, employers must assess how chemicals are stored and managed to minimize hazard potential to workers. Additionally, OSHA’s HazCom standard at 1910.1200 requires that containers of hazardous chemicals be specifically labeled.

The agency expects employers to:

• Develop and maintain a written hazard communication program for the workplace, including a list or inventory of hazardous chemicals;
• Label chemical containers, as well as containers of chemicals being stored for shipment;
• Prepare and/or provide safety data sheets (SDSs) to employees and downstream employers; and
• Develop and implement employee training programs regarding hazards of chemicals and associated protective measures.

4. Do storage racks have to be labeled with the load capacities?

OSHA regulations also don’t specifically specify that capacity ratings or load limits be placed on storage racks; however, the agency has used the General Duty Clause (GDC) to cite for this in cases where a rack collapsed from overloading. To justify a GDC citation, OSHA may refer to the rack manufacturer’s recommendations or to the American National Standards Institute consensus standard ANSI/MH 16.1. 

5. I know that storage racks must be set so they don’t tip or fall, but does OSHA or ANSI have any guidance to how many bolts are required for material handling storage racks?

Though the Material Handling and Storage standard at 1910.176(b) tells us, “Storage of material shall not create a hazard,” OSHA does not give exact details on HOW one would ensure their storage systems don’t create hazards. In these cases, the situation would likely fall under the General Duty Clause.

As an example, OSHA issued a citation in 2015 to a facility in which pallet racks were not anchored and bolted to the ground. As part of this citation, OSHA mentions that “one feasible and acceptable method to correct the hazards noted are to follow the manufacturer installation instructions and/or conform with installation and assembly instructions and the American National Standards Institute (ANSI) standard MH16.1-2012 (a revision of MH16.1-2008): Specifications for the Design, Testing and Utilization of Industrial Steel Storage Racks...”

Key to remember: OSHA material handling and storage regulations require, “Storage of material shall not create a hazard” which includes securing materials and shelving, ensuring adequate clearances for sprinkler systems, and maintaining clear exit routes.

#1 Start here

First, OSHA requires that all operators must be trained prior to being allowed to operate forklifts. And the same thing goes for pallet trucks, order pickers, and stand-up units…. Any powered type of material handling equipment requires training.

But what does training entail? Well, the OSHA regulations are very specific. All operators must receive a combination of training. Training must consist of formal training, which is a lecture, discussion, interactive computer learning, video tape, written material, and so on.

They must also receive practical training, which means demonstrations performed by the trainer and practical exercises performed by the trainee.

And the third component is that operators must receive a performance evaluation. So, they must operate the equipment and be observed and evaluated before being considered trained per the OSHA standard.

Usually, you’ll introduce the concepts during the classroom portion of training, the more informational aspects, such as the OSHA requirements. Then you’ll use the practical part of training to familiarize trainees with controls, talk about load handling, and so on. With the practical part, it’s usually best to ramp up the training, meaning start with simple skills and then build on those.

#2 Train on these topics

Aside from requirements for how to do the training, OSHA gives us a detailed list of topics to cover during the training.

The main categories are truck-related and workplace-related topics. And remember that OSHA does require you to include information on OSHA’s forklift standard as part of the training program. This requirement can be easy to overlook, but a good way to approach it is in the classroom portion of the program.

Keep in mind that if a topic doesn’t apply to your trucks or workplace, you don’t have to train on it. For example, if you don’t have any ramps or hazardous (classified) locations in your facility, your forklift operators don’t need training on these topics.

Truck-related topics include the following:

• Operation instruction, warnings
• Differences between forklift and automobile
• Controls, instrumentation
• Engine, motor operation
• Steering
• Visibility, restrictions
• Fork, attachment operation
• Capacity
• Stability
• Inspection, maintenance
• Refueling, recharging
• Operating limitations
• Operator’s manual instructions, precautions

Workplace-related topics are examples like these:

• Surfaces
• Load composition
• Load handling
• Pedestrians
• Narrow, restricted areas
• Hazardous (classified) locations
• Ramps
• Poor ventilation
• Other hazards

#3 Determine success

The trainees must successfully complete the formal and practical instruction, but how you determine success is up to you. For the classroom portion, you could give a written or oral test or otherwise evaluate the trainees’ knowledge. For the practical training, the trainee must be able to safely perform all the operations used on the job.

#4 End here

An evaluation of the operator’s performance in the workplace must be conducted at the time of initial training. And an evaluation is required to determine the effectiveness of any refresher training.

Also, you must conduct an evaluation at least every three years. This means that at least once every three years every operator must be observed while they operate in the workplace under actual workplace conditions. During the evaluation, the operator must also be able to answer pertinent questions to demonstrate they have the knowledge to operate the forklift safely.

A key point to note here, this evaluation must be more than just a written or verbal test. The employer must observe the operator in action performing all typical tasks related to running the forklift. And, going back to where we started, the evaluation must be conducted by someone who has the knowledge, training, and experience to evaluate the truck operator’s competence.

Document the evaluation — this means placing a record in your training file that includes the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.

Action item

This may be a good time for you to review your options for training forklift operators to ensure they’re meeting these guidelines. And, it’s always a great idea to have all your training procedures in written format for consistency.

Key to remember

Training forklift operators is an OSHA requirement. Follow this step-by-step guide and you can do it in-house.

General industry guidance

When OSHA updated the walking/working surface regulations in 2016, the Preamble noted that providing fall protection for workers on rolling stock would be technologically feasible. However, economic feasibility was not addressed. That final rule didn’t address fall protection on rolling stock because OSHA had not covered the issue in the proposed rule. OSHA could not add requirements that had not been proposed for public comment. The agency simply stated that its enforcement policy was not changing.

That policy comes from a memo dated October 18, 1996. It outlines a settlement with grain handling facilities, but OSHA applies the same concepts to all employers. The memo states that OSHA won’t cite fall hazards from rolling stock under Subpart D (the walking-working surface standards). However, it could cite under 1910.132 for personal protective equipment or under the General Duty Clause if using fall protection would be feasible. Specifically, the memo says that OSHA would not cite for fall hazards “unless employees are working atop stock that is positioned inside of or contiguous to a building or other structure where the installation of fall protection is feasible.”

At first glance, this sounds simple: if fall protection is available or could be implemented (like inside a building), then employers must provide it. A significant challenge, however, is that trailers are commonly loaded and unloaded outdoors. In addition, even if an employer installed outdoor fall protection systems at its facilities, a driver visiting customer locations may not have access to suitable anchor points. For related information, see our article Fall protection training for drivers is required, but it's not what you think.

Employers should evaluate all possible measures to help employees protect themselves from falls. Those measures might include training on proper techniques or procedures, warnings against particular hazards like working in snow, or using equipment such as ladders when possible.

Key to remember: When fall protection isn’t feasible for employees working on trailers, employers should evaluate other possible options to maximize employee protection.

COVID-19 R&R provisions

The COVID-19 R&R provisions currently found in the Code of Federal Regulations (CFRs) call for over 562,000 covered healthcare employers to:

Proposed changes

OSHA specifically proposes to remove:

Why the changes?

OSHA offers 12 reasons for removing the R&R provisions that are in subpart U:

• When OSHA stopped enforcing the bulk of subpart U in 2021, the R&R provisions were no longer part of an integrated regulatory scheme;
• The R&R provisions are of lesser utility since COVID-19 vaccines are widely available and the public health emergency has ended;
• The Centers for Disease Control and Prevention (CDC) and medical professionals now treat COVID-19 cases and reporting more like flu and respiratory illnesses;
• Most COVID-19 testing is now through self-administered tests at home, and there’s no expectation to report positive test results;
• The accuracy of data collected by employers under the COVID-19 log provision has eroded;
• The importance of an additional recordkeeping tool solely for COVID-19 is questionable;
• Clearing out the recordkeeping provisions would relieve employers from recording work-related cases on two separate sets of forms (injury/illness forms and the COVID-19 log);
• Discarding the reporting provisions does not eliminate the obligation to report to OSHA any work-related cases of COVID-19;
• The lengthy incubation time for COVID-19 would make it uncommon to cause hospitalization within 24 hours of exposure (and mandatory reporting), but the same is true of other respiratory illnesses;
• Since employers’ knowledge about COVID-19 cases among their employees is limited, reporting hospitalizations/fatalities to OSHA would be similarly constrained;
• Given CDC’s phase out of many COVID-19-related recommendations for healthcare, the need for COVID-19 reporting to trigger an immediate OSHA inspection has waned; and
• OSHA has no new evidence that the R&R provisions in subpart U provide meaningful assistance to employers at this point.

Therefore, OSHA says it’s no longer appropriate to apply R&R regulations to COVID-19 that are more burdensome than those already prescribed under 29 CFR 1904 for other infectious diseases. Part 1904 is the Recording and Reporting Occupational Injuries and Illnesses standard. The agency argues that 1910.502(q)(2)(ii), (q)(3)(ii) - (iv), and (r) should be removed from the CFRs.

Also, Part 1915, 1917, 1918, 1926, and 1928 references to 29 CFR 1910 subpart U are outdated, contends OSHA, because they refer to provisions in the CFR that no longer exist. Omitting these references would be purely administrative.

Heads up on another rule

Given the new administration, it’s unknown whether OSHA would withdraw its Infectious Diseases rulemaking from the agenda. Yet, a statement in the latest COVID-19 proposal teases stakeholders about the possibility of an Infectious Diseases proposal.

The preamble text states, “On January 15, 2025, OSHA terminated the [permanent COVID-19 for Healthcare rulemaking] on the basis that the COVID-19 public health emergency was over and any ongoing COVID-19 hazards would be better addressed in a rulemaking focusing on the broader hazard of infectious diseases … To the extent additional [R&R] tools are necessary and appropriate, they could be considered as part of a broader rulemaking that would facilitate employer adoption of more cohesive and consistent [R&R] policies to address workplace-transmissible diseases.”

Key to remember

OSHA proposed to discard the R&R provisions of its COVID-19 regulations in 29 CFR 1910 subpart U. These regulations are more burdensome than R&R requirements for other infectious diseases, argues OSHA. Comments are due September 2nd.

Other safety tips

Tornado safety involves three phases: Preparing in advance, Staying safe during the storm, and Staying safe after the storm.

Employees should prepare a plan and an emergency kit, monitor weather conditions during thunderstorms, and know the best places to shelter wherever they work.

Employers should prepare a business continuity plan for dealing with the aftermath, from cleaning up the site to resuming business operations.

During a tornado warning, employees should remain in a shelter until given an all-clear signal. At a fixed worksite, this may come from an employer announcement. At other locations, employees may need to monitor conditions on their phone or radio.

After the storm, employees may need a way to communicate if they are trapped or injured. They should also watch for hazards such as downed power lines, gas leaks, building damage, or debris.

Key to remember: Tornadoes can happen at any time, but Spring is most active, and employers should prepare to protect workers.