Cabotage: What foreign drivers cannot do

What’s changing and why it matters

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

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

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

Key areas of impact

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

Steps to take now

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

Looking ahead

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

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

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.

Data centers and air permitting

Data centers depend on backup power to stay online during outages. Most use natural gas or diesel generators. These units release pollutants such as nitrogen oxides (NOₓ) and particulate matter. When many generators operate together, their potential emissions can push regions close to or beyond National Ambient Air Quality Standards (NAAQS). This shift can threaten local attainment status and make it harder for nearby facilities to get new permits.

What EPA is doing

On December 11, 2025, the Environmental Protection Agency's (EPA’s) Office of Air and Radiation launched a “Clean Air Act Resource for Data Centers” webpage. It provides regulatory guidance, permitting tools, and technical letters. The goal is to make air permitting for data centers faster and more transparent while protecting air quality.

Why this matters for other regulated facilities

• Attainment status at risk

Large data centers add cumulative emissions from multiple generators. Even permitted emissions from nearby plants can combine and push an area into nonattainment. That change triggers stricter air permitting rules for everyone.

• Power demand competition

Data centers use large amounts of electricity. They often need on-site generators or new grid connections. This can strain local power supplies. In some cases, grid operators give data centers priority during peak demand, leaving other facilities with less reliable power.

• Stricter air quality modeling requirements

Some states now require detailed modeling for backup generators. For example, Illinois reviewed 34 generators for one data center before granting a permit. If modeling shows high emissions, regulators may limit operating hours or require extra controls.

Broader regulatory shifts

EPA recently updated its interpretation of New Source Review (NSR) rules. In September 2025, the agency said construction can start before full air permits are issued, as long as emission-related work waits for approval. This speeds up projects but makes it harder for neighboring facilities to predict cumulative emissions early.

What non-data center facilities should do

• Stay informed

Watch for new data center projects in your area. Their emissions could affect your permits.

• Engage early

Join public comment periods for data center permits. Push for full modeling of combined impacts.

• Plan for power

Work with grid operators. Understand how demand-response programs and EPA’s “50-hour rule” for emergency generators affect your reliability.

• Choose sites wisely

Consider locating new projects in areas with robust infrastructure and cleaner attainment status. Data centers might compete for the same grid upgrades or site approvals.

Key to remember: Data centers are more than tech hubs. They influence air permitting and power allocation. Their growth can affect your ability to expand, or even operate, under current compliance rules.

Video

Video is one of the more popular methods used to deliver training on a subject. As well as being cost effective and easy for the trainer to use, studies show that videos help students retain information presented.

When selecting a video for your training session, consideration should be given to:

• The type(s) of vehicle(s) your drivers operate,
• Your drivers’ level of experience, and
• The situations your drivers deal with on a regular basis.

The video should be well-produced, current, and retain the interest of your drivers.

Handouts

The use of handouts is one of the most cost effective, but often misused tools used by trainers. A handout should be able to be used by a driver as a quick and easy reference tool once the driver has left the training session. Effective handouts must be:

• Relevant and address the topic;
• Readable, brief, and to the point; and
• Used with discretion.

The number of handouts distributed should be kept to a minimum. Too many can clutter or confuse a presentation.

Demonstration

Demonstration can help a driver relate to a situation they may face on the job or a skill they may need to use at a later date.

When demonstrating a skill, encourage driver participation.

Guest speaker

A guest speaker can bring an authoritative atmosphere to your training session.

Credibility is important when using a guest speaker to enhance your training session. The speaker must have an expert understanding of the topic being presented.

Examples of guest speakers include a law enforcement officer to present information on roadside inspections or a firefighter to present a lesson on fire prevention.

Veteran drivers

Veteran drivers are considered credible by other drivers, as they speak from experience. A veteran driver who conducts training sessions should:

• Be well versed on the subject they will present,
• Be well-rehearsed, and
• Have a strong interest in the subject matter being presented.

Key to remember: Training isn’t a “one size fits all” proposition – not all students learn in the same way. Use of varied delivery methods will help you conduct meaningful and memorable training for all students.

Avoid negligent hiring

An injured party can use the concept of “negligent hiring” against you. Negligent hiring is based on the premise that you knew or should have known that the background of the person you hired indicated the person was dangerous or untrustworthy.

About half the states believe an employer is responsible for checking both backgrounds and references of job applicants. Red flags you should look for include:

• Misinformation on the job application,
• A failed drug test, if applicable, and
• Questionable finances.

To avoid negligent hiring, make sure you:

Perform an investigation on anyone you plan to hire. Call previous employers to verify employment.

• Contact all references.
• Check credit.
• Perform drug tests.
• Validate applicants’ credentials (confirm degrees, certifications).

Monitor existing employee behavior

Once an individual is hired, another legal concept comes into play: negligent entrustment. In this case, the claimant asserts that you gave someone a “dangerous instrumentality” which resulted in injury to another party. You can also be party to a negligent retention lawsuit — no matter how long someone has worked for you.

The basis of these types of suits is that the employer continued to employ someone they knew or should have known had the potential to be dangerous or unqualified for their job. To protect yourself from these types of lawsuits:

• Pay attention to patterns of behavior.
• Conduct random drug tests.
• Take seriously concerns of other colleagues about an employee’s behavior.
• Notice changes in “normal behavior.”
• Take appropriate, escalating, and documented disciplinary actions.

While it may be a bit more difficult to pinpoint problematic dispatcher and technician behavior — since they are not subject to the same inspections as drivers — there are some things you can look at.

Tell-tale signs of underperforming technicians

A common metric for your individual technicians is their maintenance and repair “come-backs.” Technicians with a higher percentage of come-backs than others may need a closer look.

Are the come-backs:

• Related to one particular type of work? In that case, you should provide additional training for the technician to improve their skill level.
• More varied in nature? It might be time for more extensive training or even letting the technician go.

In addition, technicians are supposed to inspect and repair anything noted on a driver’s daily vehicle inspection report. If drivers are complaining that issues are not being resolved, you need to investigate what is happening. Remind technicians of their responsibility to take drivers’ complaints seriously, and institute disciplinary actions for any technicians who continue to ignore this important safety practice.

Dispatcher-driver relationship

Dispatchers can also affect driver safety — especially as it relates to hours-of-service (HOS) compliance. The electronic logging device (ELD) mandate has specific provisions addressing driver harassment. It clearly defines harassment as: “Action by a motor carrier toward a driver (whether an employee or a contractor) that the carrier knew or should have known would result in an HOS violation.”

Make sure your dispatchers are not coercing or harassing drivers into violating HOS rules to make a delivery window. This requires taking driver harassment complaints seriously. Then you must follow through with disciplinary action against any dispatcher who you find harassing drivers to violate HOS rules.

Key to remember: Failing to monitor your technicians and dispatchers with an eye for safety could make you liable, and the final price of such negligence may be found on the inside of a courtroom.

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!

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.

What prompted this “crackdown”?

Beginning in 2022, truck driving schools are required to register with the Federal Motor Carrier Safety Administration (FMCSA) to offer CDL training. The schools are required to meet minimum training standards and self-certify that they will meet these standards when they register on the TPR to provide this training. All CDL trainees must complete training at a school registered on the TPR before they can take a skills test to obtain a CDL. Like a motor carrier audit, CDL schools are audited to confirm compliance, and an alarming number of providers on the registry were recently found to have serious violations.

Why are providers being removed?

The most common reason for removal is some form of documentation deficiency. If training is not documented, there is no evidence it was actually completed. The Entry Level Driver Training (ELDT) requirements include documenting and retaining documentation of all training. Other reasons for removal are:

• Falsifying records — Inaccurate information or back dated paperwork • Incomplete ELDT curriculum coverage — Failing to train to the federal standards due to state CDL testing requirements. Known as training to the test.
• Unqualified instructors — Using instructors without the proper experience or failing to collect evidence of that experience.
• Inadequate facilities — Classrooms, ranges, or training vehicles do not meet the minimum standards.

I received an audit notice, now what?

Pay attention to the details of the notice. Often it outlines the specific items the auditor will be inspecting. Gather this information and be sure it will be easily accessible on the day of the audit. Being prepared is a sign of competency. Prioritizing the arrival of the auditor can go a long way. You will need to provide:

• Any licensing or certifications required by the state or states you operate in. Not-for-hire schools, such as motor carriers who only train employees, are sometimes exempt from these requirements. In this case, you will need to show the state regulation that exempts your organization.
• A written lesson plan. This outlines the method of delivering your training. Demonstrate how you will provide theory training, the setting in which you will provide behind-the-wheel training, the vehicle types you will use, and the scoring requirements to gauge proficiency. • Documentation related to vehicles. Be prepared to show current registration, annual inspection, and proof of insurance for all units used in the training. If any of this information does not apply to the use of a particular vehicle, note that it is only used in specific training. As an example, an unregistered trailer could potentially be used to learn to inspect a vehicle, but would not be used on a public road.
• Documentation related to trainer qualifications. Trainer qualification files are similar to driver qualification files. They must include a current CDL, medical qualification, proper endorsements, and drug and alcohol testing. In addition, trainer files need to have verification of the trainer’s experience.
• Documentation of driver-training assessment. Records are required for all training. This should include scores and a timestamp. Documentation demonstrates progressive learning and total training time for each trainee.
• A list of all training applicants that training was provided for, a copy of each Commercial Learner Permit (CLP), and a self-certification for each applicant that they will comply with all federal and state regulations, including substance testing.

Key to remember: Complete, accurate training files that are readily accessible are paramount to success in an audit.

Limited access phase

Beginning in December 2025, Motus will open with limited access for supporting companies. These organizations will be able to create user and business profiles, ensuring their systems are prepared to meet industry needs once the platform expands. This early phase is critical for testing functionality and building readiness before carriers join.

Motor carriers don’t need to re-register immediately. Existing USDOT registrations remain valid until the system fully transitions in 2026.

At that time, all carriers will be required to:

• Create Motus accounts,
• Verify their identity, and
• Update business information to maintain compliance.

FMCSA anticipates registration requirements will begin in mid to late 2026.

Listening to stakeholders

In response to industry feedback, FMCSA confirmed that Motus won’t initially introduce safety registration, eliminate docket numbers (MC/FF/MX), or alter BOC-3 filing processes. These proposals remain under consideration and will be subject to public comment.

FMCSA emphasized that stakeholder engagement will remain central throughout the Motus rollout. The agency plans to host informational webinars, industry roundtables, and training sessions to ensure registrants understand the new system and can provide feedback on its usability.

Motus is a step toward a safer, more efficient future for the transportation industry. By consolidating forms, improving verification, and reducing fraud, FMCSA is ensuring that carriers and support companies can navigate compliance with confidence.

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.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

Counting the days

To determine how much FMLA leave an employee uses when holidays are involved, employers must look at whether employees are taking the leave in full weeks or not. If an employee is taking leave for one or more full weeks, the fact that a holiday occurs within the week of FMLA leave has no effect; the employer counts the whole week as FMLA leave.

When an employee is using FMLA leave in increments of less than one week, such as intermittent leave or working a reduced schedule, the employer doesn’t count the holiday as FMLA leave unless the employee was scheduled to work during the holiday, but didn’t because of an FMLA-qualifying reason.

If, for example, Jo Employee will be on FMLA leave for the last three weeks of December, and Jo’s employer gives employees time off on Christmas Day as a holiday, the employer would count the week of Christmas as a whole week of FMLA leave for Jo.

If, on the other hand, Jo took FMLA leave the Monday and Tuesday before Christmas Day, worked Wednesday, wasn’t scheduled to work Thursday because of the holiday, then worked Friday of that week, the employer would count only Monday and Tuesday as FMLA leave. If Jo also needed Friday off that week for an FMLA-qualifying reason and was scheduled to work on that day, the employer would also count Friday as FMLA leave.

Holiday pay

When it comes to holiday pay and FMLA leave, employers must apply their company policies. The FMLA doesn’t govern holiday pay. An employee’s entitlement to benefits other than group health care plan coverage is determined by the employer’s established policy for providing pay when the employee is on other forms of leave, paid or unpaid, as appropriate.

Employers might, for example, have a policy that requires employees to be at work the day before and after a holiday to receive holiday pay. The policy could have exceptions, such as when an employee is on paid time off on either of those days. In those situations, if an employee is using paid time off (like sick pay) while on FMLA leave for either of those days, they would be entitled to receive the holiday pay.

If a policy indicates that employees on unpaid leave the day before and/or after a holiday aren’t eligible to receive holiday pay, and an employee is on unpaid FMLA leave for either or both of those days, the employee wouldn’t be eligible to receive the holiday pay, per the policy.

Key to remember: Whether employers can count time off around a holiday as FMLA leave, or whether an employee will be entitled to holiday pay, will depend upon some specific facts, such as whether employees take leave in full weeks and what company policies indicate.

1. Start with inclusion

One of the most effective ways to build a safety culture is to involve front-line workers from the beginning. When workers participate in hazard assessments or help pilot new safety initiatives, they’re more likely to take ownership. This sense of ownership makes safety feel like something they control, not just something imposed from above.

For example, a manufacturing supervisor might invite experienced machine operators to help evaluate a new lockout/tagout procedure. Their insights can improve the process and ensure it’s realistic for daily use.

Actionable step:

• Invite workers to join hazard assessments and pilot programs.
• Ask for feedback on new procedures before rolling them out.

2. Define specific behaviors

Vague goals like “improve safety culture” don’t necessarily resonate with workers. Instead, break initiatives into specific, observable actions. If the goal is to reduce slips and falls, define behaviors such as “wipe up spills immediately” or “wear slip-resistant footwear in wet zones.” These clear expectations help workers know exactly what’s required.

Actionable step:

• List out specific behaviors for each safety goal.
• Communicate these behavioral expectations clearly to all team members.

3. Communicate simply and visually

Safety messages should be easy to understand and remember. Use plain language and visuals such as posters, infographics, and short videos to reinforce key points.

For instance, a warehouse might display a visual checklist near the loading dock showing proper lifting techniques and PPE requirements. This keeps safety top-of-mind without overwhelming workers with too much reading required.

Actionable step:

• Use posters and infographics, especially in high-traffic or high-hazard areas.
• Share short videos or visual guides during meetings.

4. Integrate safety into daily routines

Repetition builds habits. Supervisors should weave safety into daily routines through shift huddles, toolbox talks, and pre-task checklists.

As an example, a construction supervisor might start each morning with a five-minute safety briefing, highlighting potential hazards for the day and encouraging questions. These micro-interactions reinforce safety as a shared responsibility.

Actionable step:

• Begin each shift with a brief safety talk.
• Use checklists before starting tasks.

5. Recognize and reward safe behavior

Positive reinforcement is a powerful motivator. Recognize workers who consistently follow safety rules or report hazards. This could be as simple as a shout-out during a team meeting or a small reward like a gift card or company swag. When workers see that safety is valued, they’re more likely to prioritize it.

Actionable step:

• Publicly acknowledge safe behavior.
• Offer small rewards for safety milestones.

6. Provide hands-on training

People learn best by doing. Offer hands-on training that simulates real scenarios. For example, a manufacturing plant might run spill response drills where workers practice containment and cleanup procedures. This experience builds confidence and ensures workers are prepared when it counts.

Actionable step:

• Schedule regular drills and hands-on training sessions.
• Use realistic scenarios to reinforce learning.

7. Make reporting easy and safe

Workers won’t report hazards if the process is complicated or if they fear retaliation. Provide simple, anonymous reporting tools such as mobile apps, paper forms, or even an anonymous drop box. Most importantly, act on reports and communicate what’s been done or not done. Closing the loop shows workers that their voices matter.

Actionable step:

• Set up easy-to-use reporting systems.
• Follow up on reports and share outcomes with the team.

Key to remember: Make safety stick by turning it into something simple and actionable. Empower your team by listening, teaching, and rewarding safe choices. When people feel involved and valued, safety becomes a natural part of the job and a shared responsibility.

Mounting

Depending on the type and size, portable fire extinguishers should be mounted on brackets or in wall cabinets to prevent them from being moved or damaged. Those with a gross weight of 40 pounds or less should be mounted with their carrying handles no higher than 5 feet from the floor. Any fire extinguishers over 40 pounds need to be mounted with their carrying handles no more than 3 ½ feet from the floor. All portable fire extinguishers need to have at least 4 inches of clearance between their bottoms and the floor.

Locating

You can usually find portable fire extinguishers in offices, hallways, storage areas, meeting rooms, kitchens, mechanical/electrical rooms, and near exit doors. The fire extinguisher must be positioned based on the potential type and size of fire that can occur.

• Class A (combustible material fire) – OSHA requires access to an extinguisher within 75 feet of travel distance. NFPA recommends one extinguisher for every 3,000 square feet.
• Class B (flammable liquid fire) – OSHA requires access within 50 feet. NFPA identifies different sizes of extinguishers and variable spacing depending on the hazards present. This varies from low hazard requiring a 5-B extinguisher every 30 feet to a high hazard requiring an 80-B extinguisher every 50 feet.
• Class C (electronic equipment fire) – extinguisher size and spacing is based on its Class A or B hazard.
• Class D (combustible metal fire) – OSHA requires access within 75 feet from the hazard.
• Class K (cooking media fire) – OSHA requires access within 30 feet from the hazard.

Identifying

While not specified in the OSHA standard, NFPA does mention that in areas where fire extinguishers aren’t visible due to obstructions, signs or other means must be provided to indicate the extinguisher location. It is seen as a best practice, especially when extinguishers are stored in a cabinet, to mount a sign near the extinguisher to identify its location.

By looking further into the regulations and NFPA guidance, employers can assure that extinguishers are available in a way that is compliant with OSHA requirements, are available if a fire occurs and those extinguishers are needed immediately.

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.

Learning from others

In August 2022, OSHA responded to an allegation that the U.S. Postal Service (USPS) was not providing potable water to one of its facilities, nor was there an operating bathroom for workers.

OSHA inspectors discovered that the USPS had not paid water and sanitation bills dating back to February 2022. As a result, in July 2022, the water supply was shut off and was not returned to service until the day after OSHA’s inspection.

It was determined that an employee was required to work at the facility without running water or a usable bathroom for more than a month. The investigation resulted in $13,840 in proposed penalties and serves as a great reminder for others.

Regulatory requirements

OSHA’s sanitation standard applies to all places of employment and requires the following:

• All places of employment shall be kept clean to the extent that the nature of the work allows. 1910.141(a)(3)(i)
• Every workroom floor shall be maintained, as far as practicable, in a dry condition. Where practical, waterproof footgear shall be provided. 1910.141(a)(3)(ii)
• Every floor, working place, and passageway shall be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings. 1910.141(a)(3)(iii)
• Any receptacle used for putrescible solid or liquid waste or refuse shall be leak-proof and must be thoroughly cleaned and maintained in a sanitary condition. 1910.141(a)(4)(i)
• All sweepings, solid or liquid wastes, refuse, and garbage shall be removed in such a manner as to avoid creating a menace to health and as often as necessary to maintain a sanitary workplace. 1910.141(a)(4)(ii)
• Every enclosed workplace shall be constructed, equipped, and maintained, as far as reasonably practicable, as to prevent the entrance or harborage of rodents, insects, and other vermin. A continuing and effective extermination program shall be instituted where their presence is detected. 1910.141(a)(5)
• Potable water shall be provided in all places of employment, for drinking, washing of the person, cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, and personal service rooms. 1910.141(b)(1)(i)
• Portable drinking water dispensers shall be designed, constructed, and serviced so that sanitary conditions are maintained, shall be capable of being closed, and shall be equipped with a tap. 1910.141(b)(1)(iii)
• Except as otherwise indicated in 1910.141(c)(1)(i), toilet facilities, in toilet rooms separate for each sex, shall be provided in all places of employment in accordance with regulations. 1910.141(c)(1)(i) (NOTE: The toilet facility requirements of paragraph (c)(1)(i) do not apply to mobile crews or to normally unattended work locations so long as employees working at these locations have transportation immediately available to nearby toilet facilities which meet the other requirements of the regulation.)
• Lavatories shall be made available in all places of employment. They must also have hot and cold (or tepid) running water, hand soap, and hand towels or blowers provided. 1910.141(d)(2)

Keys to remember

OSHA’s sanitation standard, 1910.141, requires all employers to provide workers with access to clean drinking water, properly functioning restrooms, and sanitary working conditions.

Propping open fire doors is a common violation

Each year, the National Fire Protection Agency (NFPA) reminds employers not to prop open fire doors for convenience. Propping open doors has become a common violation of fire codes after the pandemic because workers didn’t want to become exposed to germs on common touchpoints.

I know firsthand this is an issue at construction jobsites and remember telling workers not to prop open fire doors in our clients’ facilities. Workers were doing this out of convenience because they carried things into and out of the existing facility. Propping open a fire door, or wedging it open, are serious fire and safety hazards. Keep fire doors closed to prevent smoke and fire from spreading into the fire evacuation route, like a stairwell. OSHA and NFPA don’t prohibit propping open a fire exit door but caution employers against doing this for safety and security reasons.

Fire doors must remain closed, although some may be designed to automatically close when fire and smoke are sensed by jobsite fire detection equipment. To reduce the need to disinfect frequently touched points, workers can push open fire doors using their sleeves by pushing against the push bar instead of using their hands. You can also increase housekeeping efforts and the frequency that doorknobs, handles, and push bars are cleaned throughout the shift.

OSHA’s announcement on helmets vs. hard hats

OSHA released a Safety and Health Bulletin (SHIB 11-22-2023) on November 22, 2023, detailing the key differences and benefits of using modern safety helmets over traditional hard hats.

And just a few weeks later, in the December 11, 2023 Trade Release, the Agency announced it would now require its inspectors to wear Type II head protection, which is also commonly referred to as safety helmets.

The two main benefits of Type II safety helmets

The November 22, 2023 SHIB discussed two main benefits of choosing modern safety helmets over traditional hard hats -- the construction of materials and the use of chinstraps.

And while OSHA has recognized the benefits of Type II safety helmets, and is actively taking steps to protect its own employees, it’s important to understand that there is not a new requirement for employers to make the switch to safety helmets.

That being said, a growing number of employers have recognized the benefits of added head protection and are choosing to use Type II helmets for their workers. In addition, some clients are starting to contractually require their construction contractors to make the switch as well.

Understanding the different types of head protection

Hard hats will have a Type I or Type II rating on the manufacturer’s sticker. These markings are based on ANSI Z89.1’s impact ratings.

Type I hard hats protect from objects or impacts from the top center area of the hard hat and are often used in work areas with no lateral head impact hazards.

Type II hard hats, on the other hand, offers protection from both top and lateral impacts and objects and is often found on construction job sites or complex general industry settings where workers face multiple head contact exposures.

Hard hats are classified based on their level of voltage protection. See the chart below.

Choosing the right head protection for your employees

Employers should conduct a job hazard analysis and/or a PPE assessment to determine which style hard hat is best for their workers. In general, OSHA recommends the use of Type II safety helmets at the following locations:

1. Construction Sites: For construction sites, especially those with high risks of falling objects and debris, impacts from equipment, or slips, trips, and falls, safety helmets have enhanced impact resistance and additional features that offer superior protection compared to the components and construction of traditional hard hats.

2. Oil and Gas Industry: In these sectors where workers face multiple hazards, including potential exposure to chemicals and severe impacts, safety helmets with additional features can provide comprehensive protection.

3. Working from Heights: For tasks or jobs that involve working from heights, safety helmets offer protection of the entire head and include features that prevent the safety helmet from falling off.

4. Electrical Work: For tasks involving electrical work or proximity to electrical hazards, safety helmets with non-conductive materials (Class G and Class E) provide protection to prevent electrical shocks. However, some traditional hard hats also offer electrical protection.

5. High-Temperature Environments: In high temperatures or where there is exposure to molten materials, safety helmets with advanced heat-resistant properties can provide additional protection to workers.

Key to remember: While there isn’t a new requirement for safety helmets, employers should review their workplace hazards to determine which style of hard hat will best protect their employees.