Can your ELD handle the new IRP mileage rules?

The rule overview

The STHAF rule is found in 21 Code of Federal Regulations Part 1 and applies to vehicles, transportation equipment, operations, training, and records involved in food transportation.

STHAF high-level requirements include:

• Vehicles and equipment used to haul food must be suitable, sanitary, and cleanable.

• Equipment must be always kept clean and sanitary.

• Trailers, totes, tanks, pallets, hoses, and pumps must be designed and maintained to prevent contamination.

• For temperature - controlled foods, equipment must maintain required temperatures throughout transport.

• Vehicles must be maintained to prevent pest harborage (e.g., rodents, insects), and contamination from damage (e.g., exposed insulation).

Shipper responsibilities

Shippers have the ultimate responsibility for the sanitary transportation of their food but may assign duties to carriers through written agreements. This means that carriers should be prepared to follow shipper requirements for:

• Cleaning and sanitation,

• Temperature control and reporting in-transit, and

• Inspection procedures at origin and destination.

Carriers may also be delegated responsibility for ensuring:

• Vehicles meet shipper specifications;

• Required cleaning and sanitizing is done;

• Vehicles are properly precooled before loading;

• Food segregation from raw food or non-food items;

• Temperature is monitored and documented during transit; and

• Proof of prior cargo and most recent cleaning is provided for bulk vehicles, if requested.

Loader and receiver responsibilities

Loading and receiving facilities have a responsibility for maintaining temperature-sensitive food safety, as well.

Loaders must:

• Inspect vehicles, trailers, and containers for sanitary conditions, and

• Verify trailers are adequately precooled.

Receiver must:

• Check for in‑transit temperature abuse,

• Verify food and vehicle temperatures, and

• Inspect for unusual odors.

Carrier policies and procedures

The rule doesn’t prescribe how cleanliness and sanitary conditions must be maintained. That depends on carrier policies and procedures along with following express requirements set forth in shipper contracts.

Basic carrier policies and procedures should cover areas, such as:

• A mandate to repair interior damage immediately;
• Prohibitions against using wooden floors and walls due to sanitation and splinters, as well as using contaminated dunnage;
• Trailer and container sanitation procedures after every haul;
• The proper separation to prevent cross-contamination;
• Precooling and temperature monitoring and reporting;
• No reuse of contaminated packaging or securement material (dunnage);
• Good hygiene by loaders and drivers, like clean clothing, handwashing, or beard nets (if required).

Training and recordkeeping

Unless assigned to the carrier by agreement, shippers must ensure drivers are trained at-hire and on a recurring basis on the following topics:

• Awareness of food safety risks during transport,

• Sanitary transportation practices, and

• Applicable food safety regulations.

Carriers must maintain records for:

• Written agreements with shippers,

• Required procedures, and

• Driver training.

Record retention guidance:

• Keep records while effective, plus 12 months;

• Records may be electronic or paper;

• Must be available within 24 hours upon request; and

• Cleaning and inspection procedures must be available onsite.

Notification of unsafe food

If a failure (e.g., temperature deviation or contamination) renders food unsafe:

• The party responsible must notify all others involved, and

• The food cannot be sold or distributed.

The only exception is if a qualified individual determines the food is still safe for consumers.

Keys to remember: Shipper, receiver and carrier adherence to sanitation procedures, is key to keeping food safe for consumption. The STHAF rule makes food safety a shared responsibility every mile of the trip.

Motor carrier responsibilities

Under DOT drug and alcohol testing rules, “actual knowledge” occurs when an employer learns of drug or alcohol use based on specific scenarios, including a traffic citation for DUI in a CDL commercial motor vehicle (CMV). A traffic citation includes a ticket, complaint, or other document charging a driver.

An employer’s actual knowledge of a Part 382 violation is treated the same as any other drug or alcohol violation (e.g., failed test, refusal to test). The motor carrier must:

• Pull the driver from all safety-sensitive functions (SSFs),
• Provide the driver with a list of substance abuse professionals, and
• Report the actual knowledge to the Drug and Alcohol Clearinghouse.

The driver’s Clearinghouse status is changed to Prohibited at this point.

Even if the driver wants to fight the charges in court, the driver can’t resume SSFs. Instead, the driver must complete the return-to-duty (RTD) process, get the citation dismissed, or be adjudicated not guilty.

Drivers who are convicted of DUI in a CDL CMV must comply with the RTD requirements and follow-up testing.

DUIs that result in ‘non-convictions’

Suppose your driver wins in court. The Federal Motor Carrier Safety Administration (FMCSA) won’t enforce the RTD process for the DUI when the citation results in a non-conviction.

The term “non-conviction” means that the charge of DUI in a CMV is dismissed without the imposition of fines, court costs, or other punitive actions, or there is an unvacated adjudicated finding of not guilty. Terms that states may use to indicate a dismissal include:

• Nolle Prosequi (Nolle Pros’d or Nolle Prossed),
• Withdrawn, or
• Discontinued.

The term “non-conviction” does not include pleading guilty to a lesser charge (e.g., reckless driving).

Petitioning FMCSA

Does FMCSA automatically update the driver’s record following a non-conviction? No, the court system doesn’t notify FMCSA of the case’s final disposition. The driver must notify FMCSA of the non-conviction by submitting a petition along with documentation. Documentation may include:

• A certificate of disposition from the court,
• A letter from a prosecutor stating that the charge has been dropped, or
• A screenshot from a court online docket system that displays the disposition.

A statement from the driver, even if provided in the form of an affidavit, will not be considered unless accompanied by documentary evidence.

The driver may resume safety-sensitive functions when FMCSA accepts the evidence and changes the Clearinghouse status from Prohibited to Not Prohibited.

The driver whose charges resulted in a non-conviction is no longer required to pursue the RTD program and follow-up testing.

Key to remember: An employer who learns of a DUI in a CDL CMV must report it as actual knowledge, even if the driver plans on challenging it in court. The driver can’t return to SSFs unless there is proof of a non-conviction or successful completion of the RTD process.

Impact on the workplace

The order doesn’t address how the rescheduling of medical marijuana impacts compliance with other federal laws, but to avoid the risk of a discrimination claim under the federal Americans with Disabilities Act, employers in states where medical marijuana is legal should treat individuals using medical marijuana as they would treat any individual using a prescription medication.

This includes having a discussion with the employee about accommodations, which may include off-duty use of medical marijuana.

In states where medical marijuana isn’t legal, employers would only need to consider accommodations for use of marijuana products approved by the FDA.

Recreational marijuana considerations

The order doesn’t legalize recreational marijuana, but does announce a June 29 hearing to evaluate broader changes to marijuana’s status under federal law.

The order notes that it doesn’t apply to synthetically derived THC, such as Delta-10 products. The final order notes that synthetically derived THC is outside of the definition of marijuana.

The order also establishes a federal licensing system for state medical marijuana manufacturers and dispensaries. It notes that states where medical marijuana is legal have established systems to regulate the sale and use of medical marijuana.

How does this affect safety-sensitive jobs?

The Drug Enforcement Administration’s reclassification order doesn’t address the impact the change would have on federal drug testing regulations. Specifically, it doesn’t offer insights into Department of Transportation (DOT) drug testing of truck drivers, airline pilots, pipeline operators, and others in safety-sensitive positions.

Before any changes can be implemented by the DOT, drug testing procedures in 49 CFR Part 40 must go through the rulemaking process.

Key to remember: The federal government has moved medical marijuana to a lower classification of drug. To reduce the risk of a discrimination claim, employers in states where medical marijuana is legal should treat it as a prescription medication to lower the risk of a discrimination claim. Employers in all states should consider accommodations for FDA-approved marijuana products.

Where documentation breaks down

Shipping papers are one of the most frequent sources of trouble. They’re essential, but they’re also complex, repetitive, and easy to get slightly wrong. A missing piece of information, an outdated description, or a mode-specific requirement that isn’t accounted for can quickly turn into a compliance issue.

Problems usually happen when something changes. A shipment moves from ground to air, an international leg is added, or a different carrier gets involved. Each change brings new requirements, and if paperwork isn’t rechecked carefully it can fall out of compliance fast.

Time pressure plays a role, too. When employees are focused on keeping freight moving, documentation can become a routine task instead of a true verification step. Small details like emergency response information or proper descriptions can be overlooked, even by experienced staff.

Labeling and placarding are familiar, but still vulnerable

Marking, labeling, and placarding issues are just as common. Missing labels, incorrect hazard classes, outdated markings, or placards that don’t match the paperwork continue to appear during inspections.

These errors often happen late in the process. Quantities change, packaging is adjusted, or materials are substituted, but labels and placards don’t always get updated to reflect those changes. When things look similar to past shipments, it’s easy to assume the markings are still correct without rechecking them.

Most of the time, this isn’t about a lack of knowledge. It’s about execution under pressure. Employees know labels and placards matter, but they still have to be current for that specific shipment, every time.

Simple checks that catch the problems early

Preventing these issues usually doesn’t require complicated processes or extra approvals. It comes down to building simple verification steps into daily workflows.

A second set of eyes on shipping papers can quickly catch missing or mismatched information. Taking a brief pause to confirm that labels and placards match the documentation usually prevents much bigger problems later. Short, consistent checks are far more effective than long, infrequent reviews.

Technology can help reinforce those checks as well. Shipping software and digital documentation tools can flag missing fields or inconsistencies before paperwork is finalized. When systems support decisions at the moment they’re made, accuracy improves and stress goes down.

Getting the basics right every time

When hazmat shipments go wrong, it’s usually because the basics didn’t line up. Documentation, labels, and placards all have to tell the same story. When one piece is off, everything else is at risk.

Hazmat shipping is inherently complex, but getting the fundamentals right doesn’t require perfection. It requires consistent attention to the details that matter most. When teams slow down just enough to verify the basics before a shipment moves, errors drop, inspections go more smoothly, and confidence goes up.

Key to remember: Most hazmat shipment issues come from small execution errors, not complex rules. Taking time to recheck paperwork and ensure labels and placards match the shipment can prevent most compliance issues.

DOT considerations

Any changes to marijuana classification on the Drug Enforcement Administration’s (DEA) scheduling won’t have an immediate impact on DOT testing procedures, even when updated in DEA’s regulations.

Changes to DOT lab procedures and instructions to medical review officers (MROs) can only occur when the U.S. DOT revises 49 CFR Part 40, Procedures For Transportation Workplace Drug And Alcohol Testing Programs. Part 40 applies to highway, air, rail, transit, maritime, and pipeline employers.

However, U.S. DOT can only initiate rulemaking changes to Part 40 after a chain of events occurs.

First, the Health and Human Services (HHS) must propose changes and then revise its Mandatory Guidelines for Federal Workplace Drug Testing Programs. This document defines analytes, cutoffs, specimen validity criteria, laboratory, and MRO processes. By watching HHS activity, you can anticipate DOT changes.

Once HHS finalizes its document, DOT has the green light to publish proposed changes to Part 40 to align with the Mandatory Guidelines. The DOT must adopt the HHS scientific standards and procedures into 49 CFR Part 40 to be used by DOT employers. DOT does not create its own scientific testing standards.

Lastly, before any implementation can occur, DOT must publish a final rule amending the DOT testing panel, lab procedures, and MRO instructions relating to marijuana.

Key to remember: Even though DEA is moving forward with its proposed reclassification of marijuana, how or even if it will impact DOT drug testing is yet to be determined.

The potted plant test

Researchers tested their theory by going into an office at night and placing potted plants by the desks of some employees. They placed office supplies on other employees’ desks.

The employees who were exposed to this small dose of nature displayed higher job performance, an increased desire to help, and enhanced creativity. No one was negatively impacted.

Bringing nature indoors

Live plants can’t be part of every work setting, but they’re not the only way to bring the benefits of nature indoors.

Nature-related elements can include:

• Windows with views of nature
• Indoor water features
• Murals of natural scenes
• Artificial plants or flowers
• Fish aquariums

Design features related to nature can also be more significant and included in building plans. For example, investing in landscaping designs outside office windows or having an indoor garden are ways to positively impact employees.

These options don’t have to break the bank or require a pot of gold, however. Simply allowing employees to place potted plants by their desks is an inexpensive way to enhance the workplace.

With a little luck, everyone will reap the benefits for having a little more green nearby.

Key to remember: Bringing natural touches to the workplace can have a positive impact on job performance, cooperation, and creativity.

Months and hours worked

For the criteria regarding whether employees have worked 12 months and 1,250 hours, employers make that determination based on when the leave will begin, not when employees put employers on notice of the need for leave.

When employees first ask for leave, they might not meet those thresholds. But when the leave is to begin, they might.

Take, for example, a pregnant employee who has worked for the company for 9 months. She tells her manager that she’s due in 6 months. At the time she told her manager about the need for leave, she hadn’t worked for the company long enough to be eligible for FMLA leave. But by the time she has the baby, she will have worked for the company for 15 months. If the employee meets the other two criteria, she’ll be eligible to take up to 12 weeks of FMLA leave for the birth of the child and for bonding time.

Location

For the last criterion, employers must take a different approach than the first two criteria. Employers determine whether employees work at a location with at least 50 company employees within 75 miles as of the date leave notice is given, NOT when leave is to begin.

Therefore, employers have to look at two different dates to determine an employee’s eligibility:

Shared versus individual handbooks

Nearly 60 percent of survey respondents bought one handbook (or a few) and shared them among employees, while 42 percent provided individual handbooks for each employee. Of those who purchased one or a few, they typically kept the handbooks in central or safety-related locations, such as:

• Main offices
• Safety or compliance offices
• EHS departments
• Classroom or training spaces
• Shared libraries near Safety Data Sheet binders or training areas
• Shop floors near work areas

Use in training programs

As mentioned, the majority of those surveyed said they use safety handbooks as part of new hire, ongoing, and refresher training. This includes the following uses:

• Building or supporting existing training programs
• Creating quizzes or review questions
• Supporting skills testing (e.g., forklift, ladder, PPE)
• Providing supplementary materials for:
  • Toolbox talks
  • OSHA 30 courses
  • Job-specific trainings (e.g., load securement, bloodborne pathogens, Federal Motor Carrier Safety Regulations)

Additional survey feedback

Open-ended survey responses highlighted that some companies prefer visual presentations or digital formats over print publications, with some expressing concern that hard copy materials may quickly become outdated. Others said they use handbooks only as background reference for the EHS team and see a need to increase handbook use in their company.

Key to remember: Safety handbooks can serve as a core part of safety and health programs by giving employees and supervisors a shared reference for training conversations and expectations.

What’s happening to the body?

No one is immune from extreme heat when controls are lacking. While some workers are more vulnerable (e.g., older workers, seasonal workers, or those not acclimatized to the heat), the human body still reacts to heat when temperatures soar.

As temperatures rise, the heart pumps harder to maintain core body temperature. Blood helps millions of sweat glands in the body to send moisture to the skin’s surface, allowing heat to evaporate into the air. This process is meant to cool the body. However, when it’s extremely hot and humid, the sweat glands just can’t keep up, and cooling becomes impossible without the additional help of cooling aids.

Humidity, or moisture in the air, prevents sweat from evaporating off the skin. This keeps the body from cooling effectively which can create overheating. As the body continues to overheat, it sweats more, which results in reduced blood volume and dehydration. This can quickly lead to two additional negative consequences:

1. Blood pressure drops. The heart is required to pump more to maintain pressure so blood can reach vital organs. When blood can’t effectively reach the lungs or brain, the body begins to shut down quickly and cognitive abilities can decrease rapidly or cease altogether.
2. Dehydration ensues. Typically, by the time you feel thirsty, you are already dehydrated. Continued fluid loss means the body has nothing to create sweat with to send to the skins surface.

A lack of blood flow to vital organs, along with dehydration, lead to poor decision-making and impaired judgment, which can result in serious workplace incidents; some of which can be fatal.

What are the warning signs?

The body will tell you when it’s in trouble. Heat exhaustion warning signs begin with symptoms such as:

• Excessive sweating;
• Cool, pale, or clammy skin;
• Light-headedness from a weak pulse;
• Nausea or vomiting;
• Muscle cramps; and /or
• Unusual irritability.

These are tell-tale signs that your body is dehydrated and starting to lose the ability to self-cool. If protective measures like hydration, rest, and external cooling aren’t taken right away, heat exhaustion can quickly become heat stroke. This can happen within minutes, creating a quick downward spiral to disorientation, unconsciousness, organ shutdown, and heart failure.

How can killer heat be stopped?

Heat can be deadly, but it doesn’t have to be. By applying these simple controls and safe work practices, you can help protect workers from life-threatening heat exposure:

• Water: Ensure workers consume at least 1 quart of suitably cool water per hour (or 8 oz every 15 minutes) during excessive heat. Avoiding caffeinated or sugary drinks will also help ward off dehydration.
• Rest: Encourage workers to take frequent breaks from the heat in artificially or naturally shaded areas, where there is air movement, or in an air-conditioned area.. Ensure break areas are as close as possible to the work area and are sufficient enough to hydrate, remove PPE, and cool down.
• Shade: Provide shade areas (e.g., tents), fans, air-conditioning, or cooling stations.
• Acclimatization: Gradually increase employee exposure over time so the body isn’t more stressed in the heat, then monitor workers closely during this time.
• Administrative controls: Plan more intensive work activities for cooler parts of the day, implement a buddy system for monitoring workers, and rotate workers so frequent breaks are possible. Monitor weather conditions so work can be adjusted accordingly.
• Clothing and PPE: Provide hats and cooling gear for workers and encourage them to wear lightweight, loose-fitting, and light-colored clothing.
• Training: Train workers to understand dangerous temperatures and how to recognize and respond to symptoms of heat stress.
• Be prepared! Implement a heat injury and illness prevention plan that includes quick medical access and care.

Keys to remember: Heat becomes lethal when the body’s cooling mechanisms fail, allowing core temperature to rise beyond control. Prevention methods are essential for halting heat stress that can trigger widespread cellular damage, inflammation, and organ failure.

Ladders feel safe, until they’re not

Ladders don’t usually trigger a sense of risk because they’re seen as a part of everyday work. When tasks feel quick and familiar, people don’t always stop reassessing the setup. That’s how unsafe ladder habits with big consequences can develop, including:

• standing on the top step “just for a second;”
• reaching too far instead of climbing down;
• using whatever ladder is closest, not the right one; and
• skipping ladder inspections because “it worked last time.”

Ladder safety isn’t going away, and that’s not a bad thing

If ladder safety feels like a repeat conversation, that’s because the same risks keep showing up. New employees are hired; facilities and equipment changes, and old habits stick around longer than they should. Even experienced workers fall into this trap. Familiar tasks start to invite rushing. Rushing leads to shortcuts, and shortcuts are where ladder injuries happen.

Emphasis must be placed on recognizing the risk before the climb starts. This means knowing when a ladder is the wrong choice, repositioning is safer than reaching, and when a quick task deserves the same setup as a longer one.

Most incidents don’t start with bad intentions. They start with “just this once” decisions, one more rung, one quick reach, one skipped check. Effective ladder safety training is about breaking routines and refocusing attention on the decisions that make ladder work safer.

Routine work, repeat injuries

Ladder injuries follow a familiar pattern. They don’t usually come from unusual jobs or unexpected hazards, and they happen during everyday tasks that feel common. Injury reports often look the same, such as short tasks, quick setups, and decisions made under time pressure. The ladder didn’t fail. The setup and the decisions around it did.

Injury data from OSHA and the Bureau of Labor Statistics (BLS) consistently point to the same causes. That’s why the same types of ladder injuries keep occurring repeatedly, not because the hazards are unknown, but because routine work makes those hazards easier to overlook. These reasons include:

• people underestimate the risk because ladders feel familiar;
• jobs feel “too small” to stop and reset the ladder;
• time pressure encourages leaning, rushing, and overreaching; and
• experience leads to comfort, and comfort leads to shortcuts.

The rules are written in injuries

OSHA ladder requirements are built around real injury trends and are based on decades of injury data. Falls from ladders remain one of the leading causes of workplace injuries, which is why OSHA keeps ladders near the top of its enforcement priorities year after year:

OSHA 29 CFR 1910.23 defines how ladders are intended to be used, specifically prohibiting practices such as standing on the top step of a stepladder, using ladders for purposes they were not designed for, and climbing ladders that have not been inspected. These requirements exist because improper use, poor setup, and skipped inspections consistently show up in ladder fall investigations.

OSHA 29 CFR 1910.30 reinforces that preventing ladder injuries depends on training employees to recognize hazards before they climb, understand proper ladder selection and positioning, and know when a ladder is not the right tool for the task. Together, these standards emphasize that ladder injuries are not random events, they are predictable outcomes of routine decisions made during everyday work.

Small choices make a big difference

Ladder safety isn’t only about compliance. Incidents develop from a series of small, moment to moment decisions made during routine work. These choices made daily either reduce risk or quietly add to it. Ladder injuries can be avoided by taking the time to make simple improvements including:

• inspecting and securing the ladder,
• climbing down and repositioning,
• selecting the proper ladder for the task, and
• stopping when the ladder no longer feels stable or safe.

Key to remember: Take the time to choose safer setups, stay alert, and prevent routine decisions from turning into preventable injuries. When employees choose the correct ladder, reposition instead of reaching, and inspect before use, the risk of ladder injuries falls, not your employees.

Letters of Interpretation

As clarified in an OSHA Letter of Interpretation (LOI) dated October 18, 1995, “When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred and a permit is required, regardless of whether there is an intent to fully enter the space.”

This definition of “entry” might seem to be too strict. Still, OSHA’s letter clarifies that there are situations where a partial entry would be hazardous: “Examples of situations where entry by only part of the body into a PRCS can expose an entrant to the possibility of injury or illness are as follows:

1. An entrant can possibly suffer a burn while reaching into a PRCS, which is so classified because it contains a thermal hazard.
2. An entrant can possibly fall into a below-grade PRCS while standing on a vertical ladder in the opening of the space, which is so classified because it contains an oxygen-deficient atmosphere.
3. An entrant can possibly become unconscious as result of his head accidentally entering a PRCS while they are reaching into a PRCS, which is so classified because it contains an oxygen deficient atmosphere.”

As another example, if the space contains a flammable or oxygen-enriched atmosphere, and if the activities during a partial entry could produce a spark or other ignition source, then a fire in the space could flash out of the opening and cause serious injuries to the employee.

OSHA’s guidance continues

This doesn’t necessarily mean you’d be fined if a permit wasn’t followed when someone reached a tank. OSHA’s guidance continues: “However, if entry by only part of the body does not expose the entrant to the possibility of injury or illness, then the violation may be considered a ‘de minimis’ violation.”

A de minimis violation is one in which a standard is violated, but the violation has no direct or immediate relationship to employee safety or health. These violations are documented but no citations are issued.

OSHA says examples of situations where entry by only part of the body into a PRCS would not expose an entrant to the possibility of injury or illness are as follows:

1. An entrant reaches through the opening of a horizontal PRCS, which is so classified only because it contains exposed live electrical parts ten feet from the opening.
2. An entrant puts his head through the opening of an overhead PRCS, which is so classified only because it contains unguarded rotating parts ten feet from the opening.

Also, consider a situation such as a worker reaching through a small grate to take a sample from a permitted space. The LOI further states, “If a part of the body were placed in an opening through which the worker could not pass into the permit-required confined space, no PRCS entry will have occurred.”

Keep in mind, however, that the employee would still need protection from any hazards involved in the task, but a permit would not be needed.

Key to remember

When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred, and a permit is required.