CSA update includes new violations, ELP alignment

OSHA HazCom

HazCom applies to “any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.” The OSHA regulation has requirements for hazardous chemical manufacturers, importers, distributors, and employers.

HazCom-covered employers must ensure containers of non-exempt hazardous chemicals are labeled, SDSs are readily accessible to employees in their work areas, and effective information/training is provided for exposed employees. They must also prepare and implement a written HazCom program (which includes a chemical inventory), unless they only have exempted operations under 1910.1200(b)(3) and/or (b)(4).

Covered employees have a right to understand the chemical hazards in their workplace. Training is key to ensuring employees have that understanding. Employees must be trained prior to initial assignment with hazardous chemicals and whenever a new chemical hazard is introduced. Employers must cover the elements in 1910.1200(h).

DOT Hazmat

The hazmat regulations apply to those involved in three primary types of activities: pre-transportation functions, transportation functions, and hazmat packaging. Pre-transportation functions include activities performed by the hazmat shipper and deal largely with paperwork. Transportation functions, on the other hand, include activities performed by those directly involved in transporting hazmat, including drivers.

“Hazmat employees” must be trained per 49 CFR 172.704 within 90 days of employment or job function assignment, and refresher training is mandated at least once every three years. Employees are considered hazmat employees if they directly affect hazmat transportation safety. See 49 CFR 171.8 for a detailed definition of hazmat employee.

The DOT says, “Training conducted by OSHA, EPA, and other Federal or international agencies may be used to satisfy the training requirements in 172.704(a) to the extent that such training addresses the components specified in paragraph (a) of this section (general awareness/familiarization; function-specific; safety; security awareness; in-depth security training, if a security plan is required; and driver training for each hazmat employee who will operate a motor vehicle).”

EPA HazWaste

Every business deals with waste and must know how to properly dispose of it. Most states are authorized to run their own HazWaste programs, so a facility needs to be aware of state (and often local) HazWaste regulations. When waste is generated, the facility must identify the waste and determine if it is HazWaste by definition.

EPA’s HazWaste generator regulations at 40 CFR 262 apply differently depending upon the “generator category” (large quantity (LQG), small quantity (SQG), and very small quantity (VSQG)), which is determined by how much HazWaste a facility generates each month. Therefore, under Part 262, employee training requirements too are based on the generator category.

SQGs must train employees according to 40 CFR 262.16. SQGs have basic training requirements. They must ensure employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. LQG personnel training requirements are found at 40 CFR 262.17. Being large, these generators are required to meet much more extensive training requirements. It’s a best practice for VSQGs to train employees to safely handle HazWaste, but it’s not specifically called out in EPA’s HazWaste generator regulations. However, other training regulations, such as those for OSHA and DOT may come into play.

Key to remember: No matter what you call them, hazardous chemicals are regulated by OSHA, DOT, and EPA depending what you’re doing with those chemicals. Employers must understand what regulations apply to their situation and train employees accordingly.

Federal Motor Carrier Safety Administration (FMCSA)

It’s generally business as usual for the FMCSA. Roadside inspections are considered an essential safety function. Both federal and state enforcement partners perform these inspections, and most weigh stations are run by state Department of Transportation (DOT) agencies, which aren’t directly affected by a federal shutdown.

Drivers should assume inspections will continue as normal. Violations will still result in citations, out-of-service orders, and compliance reviews.

While the day-to-day enforcement likely won’t change, some aspects of the FMCSA and DOT operations may slow down, such as:

• Rulemaking and new initiatives: Any changes to federal regulations will pause.
• Audits and investigations: Compliance reviews and safety audits may take longer, although the enforcement of violations will continue.
• Administrative support: Processing non-urgent matters, permits, or correspondence may be slower.

New registrations and filings, such as new USDOT numbers, new authority, and Unified Carrier Registration filings, will likely experience delays until the shutdown is resolved.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

The picture is more complex at PHMSA. The DOT plan says about one-third of the agency's 580 employees are expected to be furloughed. Inspections of hazardous materials shippers, carriers, and other entities will continue, as will enforcement of the hazardous materials safety regulations. However, a variety of administrative functions are expected to be impacted, including non-emergency approvals and permits, rulemaking activities, research, grants, outreach, and the hazmat registration and fee-collection program.

Occupational Safety and Health Administration (OSHA)

OSHA will continue only its essential functions, including:

• Inspections for imminent danger situations, workplace fatalities, and catastrophes;
• Review and referral of whistleblower complaints tied to imminent threats;
• Follow-up inspections of serious violations without abatement; and
• Enforcement actions needed to meet statutory deadlines on high-risk cases.

All other agency activities such as rulemaking, programmed inspections, compliance assistance, website updates, and outreach programs are suspended. Only employees designated as essential may continue working, and the Occupational Safety and Health Review Commission halts all operations for the duration of the shutdown.

Environmental Protection Agency (EPA)

EPA has implemented its contingency plan, resulting in a significant reduction in operations. Approximately 90 percent of EPA staff have been furloughed, leaving around 1,700 personnel to continue essential functions, including emergency response operations, law enforcement, criminal investigations, maintenance of critical laboratory assets, and Superfund site work only if halting it poses an imminent threat to human life.

Most routine EPA functions have been suspended (like issuing permits and regulations). The agency has also paused work on climate-related regulations and restructuring efforts unless deemed essential or funded through exempted sources (e.g., Infrastructure Investment and Jobs Act or specific fee-based programs).

Equal Employment Opportunity Commission (EEOC)

The EEOC, which investigates discrimination claims, is closed during the shutdown. The agency won’t be responding to inquiries during this time, but a limited number of services will still be available. If employees want to file a discrimination charge, they should be aware that time limits for filing a charge won’t be extended due to the shutdown.

Additional information on filing new charges, the status of pending charges, or other existing business with the EEOC, etc., will likely be delayed. During the shutdown, information on the EEOC website won’t be updated. In addition, transactions submitted via the website won’t be processed, and EEOC staff won’t be able to respond to requests or questions submitted to the EEOC, including those submitted by email or through its website, until the shutdown is over. 

Members of the public who call the EEOC during the government shutdown will be able to access the pre-recorded information available on the EEOC's Interactive Voice Response System, but EEOC staff will not be available to assist them. Email inquiries sent to the agency will be monitored for urgent matters but generally not addressed during the shutdown.

National Labor Relations Board (NLRB)

NLRB offices are closed during the shutdown, and hearings are postponed. Because documents may not be filed on the NLRB website during the shutdown, due dates for filing documents will be extended.

As the 6-month statute of limitations for filing unfair labor practice charges remains in effect, the agency recommends mailing or faxing a copy of the charge to the regional office during the shutdown.

Department of Labor (DOL)

The DOL is also shut down, except for activities such as those needed to protect life and property. All regulatory work has ceased, including the final rules on independent contractors and joint employers.

The Wage and Hour Division (WHD), which enforces laws such as the Fair Labor Standards Act and the Family and Medical Leave Act, dropped from 1,270 employees to 7. Employees won’t be able to file claims under such laws.

The agency will monitor and respond to child labor investigations and will pursue and address legal cases or investigations in jeopardy of being lost due to a statute of limitations or as otherwise ordered by the court. It will also continue to process certain benefits payments and support federal and state unemployment programs.

The Employee Benefits Security Administration (EBSA) generally stopped its research activities, audits, compliance assistance, and IT support.

The Veterans’ Employment and Training Service (VETS) stopped conducting investigations of the Uniformed Services Employment and Reemployment Rights Act.

U.S. Citizenship and Immigration Services (USCIS)

Employers must continue to use the Form I-9 during the shutdown to verify that an employee is eligible to work in the United States. The form must be completed within 3 business days after the employee’s first day of employment.

The form may be downloaded from the USCIS website. The agency expects to retain the majority of its employees during the shutdown.

Employers who use the online E-Verify system to confirm an employee’s eligibility to work in the United States may experience a system shutdown, however. In the event of an E-Verify shutdown, employers won’t be able to create E-Verify cases, run reports, or resolve tentative non-confirmations.

E-Verify employers should continue to complete a Form I-9 for each new employee. After the shutdown ends and the E-Verify system is operational, employers should create E-Verify cases for employees who were hired when the website was not available.

In the event of an E-Verify system shutdown, it’s likely that the USCIS will extend deadlines for creating E-Verify cases and resolving tentative non-confirmations. The agency is expected to provide further guidance.

Federal contractors and government employees

Federal contractors and government employees from shut-down agencies are either furloughed — prohibited from work and unpaid — or required to work without pay if their roles are deemed essential to public safety.

Payments to companies with a federal contract may be delayed, and they may receive a stop-work order. Contracts will not be issued or extended during the shutdown.

The Office of Federal Contract Compliance Programs website is not being updated during the shutdown.

What are the types of pretreatment standards?

IUs must obtain permits or comply with other control mechanisms to discharge wastewater to a POTW. Let’s look at the three kinds of pretreatment standards that may apply.

Prohibited discharge standards are national standards consisting of general and specific prohibitions that forbid facilities from discharging certain pollutants.

• The general prohibitions ban IUs from discharging any pollutants to a POTW that can cause pass through or interference (defined at 40 CFR 403.3).
• The specific prohibitions ban IUs from discharging eight kinds of pollutants (defined at 403.5(b)), such as those that pose a fire or explosion hazard to the POTW.

Categorical pretreatment standards are national limits that apply to wastewater discharged by facilities in specific industrial categories.

EPA sets effluent limitations guidelines and standards (ELGs) for the covered industrial categories to prevent discharges from IUs that can pass through or interfere with the works or otherwise disrupt POTW operations. ELGs give numerical, technology-based limits for the quantity, concentration, or properties of a pollutant that IUs can discharge to a POTW.

Local limits are established by POTWs and are specific to each site, so requirements vary across different POTW pretreatment programs. Local limits prevent pollutant discharges from IUs that can pass through or interfere with the works, contaminate sludge, and/or endanger worker health and safety.

POTWs set effluent discharge limits, which can be numerical or narrative (for example, no discharging toxics in toxic amounts). Standards may also include best management practices, such as taking actions to control plant site runoff.

Who enforces the pretreatment standards?

Generally, POTWs implement the NPDES National Pretreatment Program at the local level. EPA requires large POTWs and smaller POTWs with significant industrial discharges to develop local pretreatment programs. Through EPA-approved local programs, POTWs enforce the national standards and requirements in addition to any stricter local regulations that apply.

Where EPA hasn’t approved a POTW’s local pretreatment program, it's administered by the state (if approved to do so) or EPA regional office.

Where does my facility start?

If your facility is subject to the NPDES National Pretreatment Program, first identify the kind of IU your facility is: an IU, a significant IU, or a categorical IU. The category determines the requirements that may apply.

Keep in mind that all IUs must comply with the applicable federal pretreatment program requirements:

• Regardless of whether the POTW has an approved pretreatment program, and
• Regardless of whether the IUs have been issued a permit or control mechanism.

Significant IUs (defined at 403.3(v)) and categorical IUs (i.e., facilities subject to one of the categorical standards in Parts 405–471) have additional federal requirements. Generally, these facilities must also meet local limits.

Key to remember: Industrial and commercial facilities must comply with the National Pretreatment Program before discharging pollutant-containing wastewater to a publicly owned treatment works facility.

Why compliance still matters, even without enforcement

Environmental compliance isn’t just about avoiding fines. It’s about protecting worker health, community trust, and long-term operational stability. During a government shutdown, the temptation to defer environmental investments or relax internal standards can grow. But doing so risks more than future penalties; it undermines the credibility of your environmental program and can lead to reputational damage.

It’s also important to note that state programs are still typically operational and active during federal shutdowns, so inspections and compliance activities for state-authorized programs continue.

Making the business case for continued investment

To convince management and stakeholders, frame environmental excellence as a strategic asset:

• Risk management: Environmental lapses can still be discovered post-shutdown, and penalties may be retroactive.
• Operational efficiency: Many environmental controls improve process reliability, reduce waste, and lower energy costs.
• Brand and stakeholder trust: Investors, customers, and communities increasingly expect companies to go beyond compliance.
• Permit renewals and expansions: Agencies may scrutinize historical performance when reviewing future applications.

Use real-world examples or internal metrics to show how environmental investments have paid off — even when enforcement wasn’t the driver.

Strategies for promoting excellence during a shutdown

Environmental professionals can lead by example and keep the momentum going:

• Maintain internal audits and inspections: Show that oversight continues, even if external reviews pause.
• Communicate proactively: Share updates with leadership about ongoing compliance efforts and environmental performance.
• Highlight cost savings: Quantify how environmental initiatives reduce resource use, waste disposal costs, or downtime.
• Engage employees: Reinforce the company’s environmental values through training, recognition, and involvement.

Turning downtime into opportunity

A shutdown can be a chance to strengthen internal systems:

• Review and update environmental management plans.
• Conduct training or tabletop exercises.
• Evaluate historical data to identify trends and areas of improvement.
• Prepare for future inspections with mock audits or gap analyses.

These efforts demonstrate commitment and prepare your team for when oversight resumes.

Key to remember: Environmental excellence isn’t just about avoiding fines. It’s about building a resilient, responsible, and respected operation. Even when enforcement pauses, your commitment shouldn’t.

Single-use plastics: New bans and restrictions

Several states have enacted new bans on polystyrene foam containers, plastic straws, and produce bags:

• California SB 54, as of January 1, 2025, bans expanded polystyrene (EPS) food containers unless they meet a 25 percent recycling rate. Precheckout bags must be compostable or made of recycled paper (SB 1046).
• Delaware SB 51 bans foam containers and plastic stirrers unless requested by the customer.
• Oregon SB 543 bans EPS containers and food packaging with intentionally added PFAS.
• Virginia bans food vendors from using EPS as of July 1, 2025.

Compliance tip: Audit your packaging inventory and supplier certifications. Ensure alternatives meet compostability or recyclability standards.

Extended Producer Responsibility (EPR): Expanding nationwide

EPR laws now apply in several states. These laws require companies to help pay for recycling and report packaging data:

• Maryland SB 901 allows multiple Producer Responsibility Organizations (PROs) and mandates cost-sharing for recycling.
• Washington SB 5284 targets consumer packaging with compliance deadlines starting in 2028.
• Colorado bans unregistered producers from selling covered products as of July 1, 2025.
• California's SB 54 revised draft rules released in May 2025 include new compliance dates and exemptions.

Compliance tip: Register with your state’s PRO, submit packaging data, and prepare for fee schedules. Track deadlines and exemptions closely.

Chemical recycling: Regulatory reclassification and impacts

States like Texas and Pennsylvania now classify chemical recycling as manufacturing, not waste management. This shift encourages investment but also changes permitting and emissions reporting obligations.

Compliance tip: If your facility uses or contracts chemical recycling, review air and water permits. Ensure alignment with manufacturing regulations.

Per and polyfluoroalkyl substances (PFAS): Phaseouts and hazardous waste updates

More states are banning PFAS in packaging, cookware, and more:

• Minnesota, Oregon, Rhode Island, and New Mexico have banned or phased out PFAS in consumer products.
• Illinois SB 727 aligns PFAS limits in drinking water with the Environmental Protection Agency standards.

Compliance tip: Update product Safety Data Sheets and conduct PFAS audits. Prepare for new reporting under TSCA Section 8(a)(7), including data on manufacture, use, and disposal.

Circular economy and composting: Recent mandates

States are setting zero-waste goals and requiring composting:

• Hawaii HB 750 launches a statewide recycling needs assessment.
• Maine LD 1065 requires large food waste generators to compost by 2030.

Compliance tip: Evaluate organics diversion programs and infrastructure. Consider partnerships with composting facilities.

EHS teams: What to do now

• Map your regulatory exposure: Identify which state laws apply to your operations.
• Engage with PROs: Register, report, and participate in rulemaking.
• Train staff: Ensure procurement, operations, and legal teams understand new requirements.
• Audit packaging and waste streams: Replace banned materials and optimize recycling.
• Monitor emerging legislation: Stay ahead of new bills and compliance deadlines.

Key to remember: Staying compliant in 2025 means more than avoiding fines. EHS teams must lead efforts to meet new waste laws and support sustainability goals.

Do canceled tests count toward my annual testing numbers?

No. Even though a canceled test is of no fault of the employer, it’s neither positive nor negative. And DOT regulations state that canceled drug and alcohol tests can’t be applied toward the number of tests needed to meet the employer’s minimum random testing rates.

In addition, the employer can’t direct the employee to take a recollection for a canceled random test. A recollection only applies when you need a result (pre-employment, return-to-duty, and follow-up tests).

If a drug test performed on December 31st doesn’t have a medical review officer (MRO) result until January 2nd, does it count toward the previous year?

Yes. Guidance provided by FMCSA states that a test that was performed during the last testing cycle counts towards the total results for the year during which the specimen was collected, and not when the test was verified by the MRO.

How do we calculate how many drivers to select in our last draw of the year?

The DOT uses your average number of driving positions to calculate the number of tests you need.

Motor carriers must evenly divide the year using a testing cycle that fits their operations. The minimum is quarterly.

Using a quarterly testing cycle as an example, you must look at your driver rosters that were used in the first three quarters, plus the current number of drivers. Suppose they were 105, 135, 95, and 110. The average number of driving positions for year is 112 (you always round up). The FMCSA expects to see at least 56 drug tests and 12 alcohol tests by the end of the year.

The formula used each quarter is:

.5 x number of drivers ÷ number of testing cycles

.1 x number of drivers ÷ number of testing cycles

In the sample, this is how it played during the first quarter:

.5 x 105 ÷ 4 = 14 names for drug testing

.1 x 105 ÷ 4 = 3 names for alcohol testing

If you want to test at a higher rate, just multiply by the percentage you want (e.g., .6 for drugs, .3 for alcohol).

Using the example, suppose between missed and canceled tests, you only completed 40 drug and 8 alcohol tests by the end of the third quarter. You’re a little behind, since you should have completed 75 percent of your tests by now. This means you must select 16 names for drug testing and 4 for alcohol to meet the minimum annual testing rate. If you go with the minimum rate, you must make sure that everyone is tested and no tests are canceled.

Many carriers select at a higher rate throughout the year to compensate for incomplete tests. Others may elect to select additional names during the last draw to compensate for incomplete tests or the chance that some tests won’t be completed. However, when selecting at a higher rate, you must send everyone. You can’t hold back names just in case. They all must be sent by the end of the testing cycle.

Key to remember: FMCSA’s random testing rates are not suggested benchmarks that you can hopefully make. The number of completed tests is black and white and you either pass or fail during an FMCSA audit.

What's still required?

Even though limited quantity shipments get a break from some of the paperwork and labeling regulations, they still need to meet several important hazmat requirements:

Training: Anyone involved in preparing, handling, or transporting limited quantity shipments must be trained in accordance with the HMR. That includes general awareness, function-specific, safety, security, and driver training.

Packaging: Limited quantity materials must be shipped in combination packaging, which means inner containers (like bottles, cans, or vials) placed inside a strong outer package. In most cases, the gross weight of the outer package cannot exceed 66 pounds.

Marking: Limited quantity packages must be marked with the limited quantity marking, which is a black and white square-on-point symbol. This helps carriers and emergency responders quickly identify the nature of the shipment.

If you’re shipping by air or vessel, the rules get stricter. You’ll need to follow additional requirements, including documentation and labeling, because the risks and regulations differ from ground transport.

Why the exception exists

The limited quantity exception is designed for smaller amounts of hazardous materials that pose a lower risk during transport. By reducing the regulatory burden on these shipments, the DOT allows businesses to move goods more efficiently without compromising safety.

However, it’s not a free pass. Shippers and transporters still need to understand the rules, train their employees, and package and mark their shipments correctly. Otherwise, they risk violations, fines, and potentially unsafe conditions.

Common misunderstanding

One of the most frequent mistakes shippers and transporters make is assuming that limited quantity means “non-hazmat.” It doesn’t. These materials still meet the definition of a hazardous material, they’re just eligible for certain exceptions. That misunderstanding can lead to skipped training, improper packaging, or missing markings, all of which can result in regulatory penalties or safety risks. If your team handles limited quantity shipments, it’s worth reviewing your procedures to make sure you’re not overlooking the requirements that still apply.

Key to remember: If you’re shipping hazardous materials in small quantities, the limited quantity exception can be a helpful tool, if you use it correctly. Remember, limited quantity is still hazmat, and that means the responsibility to ship safely and compliantly still applies.

How should drivers prepare to minimize the impact of the time change?

Encourage your drivers to begin adjusting their sleep schedule by going to sleep and waking up slightly later each day in the week leading up to the time change, so long as their schedules allow it. This will make the adjustment easier once the clocks do change.

Remind drivers to maintain good sleep hygiene by:

• Creating a restful environment by limiting light exposure and excess noise;
• Avoiding caffeine and alcohol in the hours before their bedtime;
• Staying consistent with their sleep schedules when possible; and
• Striving to sleep 7-9 hours each night.

How does the end of DST impact logging for drivers who will be on duty during the change?

The most important thing to remember is that drivers must still comply with the 11-, 14- (or 10-, 15-), and 60/70-hour rules. It is essential that drivers properly log their on-duty time and make note of the time change on their logs to be sure they are staying compliant. There is not an “official” way drivers are required to log time during the time change, but the most common way is to drop a line down (on a paper log) or add an annotation (on an ELD) noting the time change, such as by writing “Daylight Saving.”

While ELDs should handle the time change automatically, drivers using paper logs will need to:

• Leave one hour (2:00 a.m. – 3:00 a.m.) blank on the log when they “lose” the hour in the spring, and
• Add a remark to explain their duty status for the hour they “gain” in the fall (when they repeat the hour from 1:00 a.m. – 2:00 a.m.).

Drivers who are taking a mandatory break when clocks jump ahead in the fall must still get the minimum amount of consecutive off-duty time (8 or 10 hours), even with the change.

What should drivers do during the days following the time change?

Remember that whether they worked through the time change or slept through it, your drivers’ schedules were impacted. They may be feeling tired earlier in the day, and they are dealing with decreased sunlight in the evening.

When communicating with your drivers, stress the importance of staying aware of their fatigue levels, and give them tips on fighting fatigue, such as:

• Continued good sleep hygiene,
• Sleeping a little extra if needed,
• Staying active,
• Eating nutritious foods, and
• Staying properly hydrated.

Encourage your drivers to listen to their bodies and prioritize their safety, and the safety of those they share the roadways with. If they are feeling fatigued, encourage them to rest.

Don’t forget that if they choose to rest, they can utilize the split-sleeper provision and spend 2+ hours resting in their sleeper berth. Once the driver feels more rested, they can drive a bit later into the day without putting themselves or others at risk.

Key to remember: Daylight saving time is coming to an end, and it’s important to prepare your drivers for the change.

Operation Safe Driver Week results

During the July event, officers across North America issued warnings and tickets to 5,069 unsafe drivers, targeting commercial and passenger vehicles alike (both CMV and non-CMV drivers).

Of the 8,739 vehicles inspected, this year’s officers issued CMV drivers:

• 3,230 warnings, and
• 1,839 tickets/citations.

Non-CMV drivers received:

• 345 warnings, and
• 665 tickets/citations.

Citation stats

The top infractions of Operation Safe Driver Week 2025 were speeding, failure to wear a seatbelt, texting or using a handheld device, reckless/careless/inattentive driving, and possession/use/under the influence of drugs/alcohol.

Details of the paper med card waiver

This waiver applies to both CDL and CLP holders. Non-CDL drivers aren't affected by this waiver since they're already required to be issued and to carry a paper medical card.

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

1. 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 MEC 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 MEC 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.

The utility exemption explained

This exemption applies to drivers of vehicles that qualify as “utility service vehicles” as defined in 395.2.

Here is a critical point: The vehicle/driver must meet all three requirements listed in the definition of a utility service vehicle provided in 395.2 to be able to use this exemption. The three requirements are:

• The driver/vehicle must be repairing, maintaining, or operating structures or other physical facilities necessary for the delivery of public utility services,
• The driver/vehicle must be involved in activities related to the ultimate delivery of utility services to the consumers, and
• Except for any occasional emergency use, the driver/vehicle must operate primarily within the service area of a utility’s subscribers or consumers.

Drivers involved in building new utility structures in general are not eligible for this exception. However, if the driver is going back and forth from new construction to repairing, maintaining, or operating utility infrastructure, the driver will be covered by the exemption when involved in these activities, but not covered while involved in new construction.

When involved in new construction and covered by the hours-of service requirements, the driver would have to follow the limits in the hours-of-service regulations and maintain a log (or a time record if the 150 air-mile exemption applies). If the driver had to complete a log more than 8 days in the previous 30 days, the driver would have to use an electronic log on the days the driver is required to log.

Why you need an AI policy

5 reasons an employer should have an AI policy are:

1. Risk management. To reduce legal, ethical, and reputational risks associated with AI use, including bias, illegal discrimination, and data privacy violations.
2. Compliance. To ensure evolving laws and regulations governing AI are being followed.
3. Acceptable use in your organization. To provide clear guidelines for employees on AI use, reducing confusion and inconsistent practices across departments.
4. Security and privacy. To safeguard sensitive company and employee data from misuse or exposure through AI tools.
5. Transparency and ethics. To build trust among employees, customers, and stakeholders by demonstrating responsible use of AI.

Key elements in an AI policy

To encourage responsible AI use that enhances productivity while maintaining oversight and control, include the following in an AI policy:

Definitions: Spell out who may use AI, what company information and company resources are involved, and which AI tools the company has vetted and approved for employees to use.

Guiding principles: Provide a clear framework for ethical AI use. Address when and how AI may be used for enhancing the workforce while protecting the company's reputation. Clearly explain how:

• AI can “hallucinate,” which results in incorrect information being given. Note that all sources should be confirmed before using any responses from AI.
• AI-produced results may also reflect biased or incomplete data sets on which they were trained. Employees shouldn’t use AI tools blindly for decision making and/or creating content and should never rely upon AI for important inquiries.
• Publication of the output of AI tools could result in the violation of the intellectual property rights of third parties. Before publishing or distributing content generated by AI tools, employees must receive approval.

Responsibilities: Users of an approved AI tool should, for example, know not to paste any information in an AI prompt they don’t want to share with the world, including content they want to copyright, company secrets, etc. AI users might be required to provide a disclaimer or otherwise state that the output was generated by AI. Also, users of an approved AI tool might be required to immediately contact their leader if they become aware of a possible breach of data privacy, confidentiality, or integrity, or a circumstance where an AI tool is generating erroneous, incomplete, misleading, offensive, harassing, or discriminatory output.

Policy violations: Like other policies, an AI policy should include any repercussions for violating it. This might include repercussions for using AI tools that aren’t vetted and approved by the employer.

Review it carefully

Once a policy is written, it should be reviewed. Stakeholders involved in its creation should be included in the review process. This is when employers can resolve any questions and make the required adjustments.

Be sure the policy is clear and easy to read. Employers can make policies readable through formatting and using simple language.

As with any new policy, having knowledgeable counsel familiar with the organization can be helpful.

Tell employees about it and audit often

If employees aren’t aware of a new policy, holding them to it can be challenging. Therefore, employers should let employees know of the policy. Simply sending a mass email about the policy might not be enough. Include a link to the policy along with where to send any questions.

Managers and supervisors can help introduce and explain a policy and help funnel any related questions to the appropriate people.

Try to anticipate potential questions to be prepared to address them. Explain the reason behind the policy and why it’s beneficial. This can help earn respect and buy-in from the workforce. Employees might need training on the policy, which should be provided before or shortly after the policy is shared.

Also keep in mind that while most policies are audited annually or when changes occur, given the rapid pace of AI development, this policy may call for more frequent review.

Key to remember: As AI becomes ubiquitous, employers can benefit from having a strong AI policy that’s shared with employees and reviewed regularly.

Undue hardship

Employers, however, may not deny eligible employees leave under the federal Family and Medical Leave Act (FMLA), even if it creates a burden on the company. The FMLA is a leave entitlement law, which means employees who meet the eligibility criteria and have a qualifying event get the leave regardless of its effect on employers. How the work gets done is up to the employers. The FMLA doesn’t have an “undue hardship” defense, like some other leave laws do.

Contingency plans can help

Like planning for any potential business setback (e.g., natural disaster), employers should consider creating a leave contingency plan as part of their absence management strategy.

Much like a business continuity plan, a leave contingency plan identifies what steps employers must take if multiple employees are on leave at the same time. Employers should factor in how the work gets done, such as:

• Maintaining production schedules,
• Managing customer service lines, or
• Leveraging sales teams.

Make it your own

Contingency plans will vary based on industry, market, headcount, and other factors.

Just like there is no one template for business plans, there isn’t one for leave plans. A plan might address the following areas, such as:

• Identifying departments that could be at risk,
• Creating a clear communication strategy for all stakeholders,
• Having regular leader check-ins to help spot issues,
• Providing tools and resources to support or prevent employee burnout, and
• Finding ways to boost employee engagement.

Reviewing contingency leave plans regularly can help ensure they continue to be current and cover all areas. Such reviews could occur after each event or annually.

Without an effective leave contingency plan, businesses can risk not meeting their organization’s goals, which can negatively affect the bottom line.

Key to remember: Just like having a business continuity plan for disasters such as fires, employers benefit from having a contingency plan for getting the work done when employees take leave.

What does an FFD form look like?

Simple. It just needs to say the employee can return to work. That’s it.

No need for a novel. No need for a second opinion. No need to ask for more.

Suppose an employer wants the health care provider to confirm that the employee can perform essential job functions. In that case, they must have given the provider a list of those functions at the same time they gave the employee the designation notice.

Doctor calls? Tread carefully

Knowing when to call (or not) employees’ doctors with FFD-type questions gets confusing. Here’s the scoop:

• Employers may call to clarify or authenticate FFD forms.
• Employers may not delay returning employees to work while they make such calls.
• Employers may not demand second or third opinions on FFD forms.

If employers take all the right steps, they may hold off returning employees to work until they provide an FFD form.

Key to remember: Before employers require an FFD form after FMLA leave, they must make sure they’ve taken the right steps. Otherwise, their return-to-work plan might be on shaky ground.

Certifications

The FMLA allows employers to ask for a certification supporting an employee’s need for leave. In general, certifications give employers the necessary information to verify that an employee (or family member) has a serious health condition and when to expect the employee to be absent. Employers may not require that a certification include a diagnosis.

If a workers’ compensation document gives enough information for an employer to determine whether the employee has an FMLA serious health condition and how much leave is involved, employers shouldn’t ask for a separate FMLA certification.

Under the ADA, employers may also ask for reasonable medical documentation to support the need for accommodation. If the FMLA certification does this, employers shouldn’t ask for additional documentation.

Employers must keep employee (and applicant) medical information confidential, including FMLA certifications.

Key to remember: When it comes to employee leave, employers need to look at all the laws that apply to a particular situation and act in a way that gives employees the greatest benefits and rights.

The survey findings

The 2025 Small Business Employee Voice on Workplace Safety Report from Pie Insurance revealed a mix of confidence and concern among employees. Most respondents said their workplaces look safe on paper — there are rules, equipment, and training — but not everyone feels those safety measures translate into day-to-day action.

The survey polled over 1,000 employees from small businesses across a variety of industries that employ between 2-500 employees.

Here are some of the key takeaways from the survey:

• Employees notice leadership’s actions. Many workers said management talks about safety, but they want to see leaders walk the floor, take interest, and follow through when concerns come up.
• Speaking up feels risky. A noticeable number of employees said they hesitate to raise safety concerns because they don’t want to be seen as complainers or cause tension.
• Mental health matters too. Beyond physical hazards, people want to feel respected, heard, and supported when something doesn’t feel right.
• Workload plays a big role. Even with the right gear and training, employees say safety slips when they are short-handed or when deadlines push people to rush.
• Safety equals morale. Workers who feel unsafe or ignored tend to be less engaged and more stressed.

Some additional findings from the survey include:

• 67% of employees currently have safety concerns
• 32% cite mental health as their #1 safety worry
• 36% report workplace stress impacts their personal life
• 58% have witnessed workplace injuries in the past year
• 28% have never received formal workplace safety training

What employers can do

For employers, this study sends a clear message: safety isn’t just a compliance issue — it’s a culture issue. Here’s how companies can turn these insights into action:

• Lead by example. Employees notice when managers stop to check on a concern or thank someone for reporting an issue. Those moments build trust.
• Make it easy to speak up. Create open channels where workers can share feedback without fear of being brushed off. Reward honesty, not silence.
• Bring safety to life every day. Reinforce safety values through small, consistent actions that show employees you mean it. This builds trust and respect.
• Follow up and close the loop. When employees report something, tell them what’s being done about it. Even small updates show their voices matter.
• Prioritize safety even among pressures and deadlines. Make sure teams have enough time and resources to do the job right. A rushed worker is always at risk.

Why it matters

At the end of the day, remember that safety is personal. Employees want to know their company genuinely cares about their wellbeing — not just about meeting OSHA requirements. When workers feel protected and heard, they show up with more focus, more pride, and more energy.

Workplace safety isn’t just about avoiding accidents; it’s about building a culture where everyone feels valued. And according to this study, that’s what employees really want.

Key to remember: Visit Pie Insurance to review the full report on how employees truly feel about workplace safety and whether or not they believe their voice matters.

Understanding the risk

Employers, supervisors, and workers should understand lightning risk and precautions to minimize hazards. Lightning is highly unpredictable and can even strike outside the heaviest rainfall areas, up to 10 miles from any rainfall.

While OSHA does not have a specific lightning standard, employers are required under the General Duty Clause (Section 5(a)(1)) to provide a workplace free from recognized hazards likely to cause death or serious harm. Lightning clearly qualifies.

Best practices

A proactive lightning safety plan can be a lifesaver. Consider adding the following to any safety plan:

• Check weather alerts and reports - Before beginning any work outdoors, employers or supervisors should always check weather reports and plan accordingly. Most weather apps are now programmed to send weather and lightning alerts, making it much easier to stay up to date.
• Seek shelter in buildings - When hearing thunder or lightning, employers and supervisors should know and tell workers which buildings to go to after an alert. Seek out fully enclosed buildings and remain in the shelter for at least 30 minutes after hearing the last sound or thunder. Employers should guide workers to hard-topped metal vehicles with rolled-up windows if safe building structures are inaccessible.
• Emergency action plan - Employers should have a written Emergency Action Plan (EAP), as outlined in 29 CFR 1910.38 or 29 CFR 1926.35. The EAP should include a written lightning safety protocol for outdoor workers and should:
  • Inform supervisors of actions and expectations when receiving an alert.
  • Explain how workers will be notified.
  • Identify locations and requirements for shelter in place.
  • Determine a plan for when outdoor work should be suspended or resumed.
  • Account for the amount of time required to evacuate customers or visitors.
  • Post this information at all outdoor work-sites.
• Lightning safety training - Training should be provided for each outdoor worksite so that supervisors and workers know in advance where the worksite’s safe shelters are and how long it takes to reach them. Employers should train supervisors and workers to provide lightning safety warnings in sufficient time for everyone to reach a worksite’s safe shelters and take other appropriate precautions.
• Lightning warning systems - Any emergency action plan should include lightning warning or detection systems, which can provide warning. However, no system can detect the first strike, all lightning strikes, or predict future strikes. Because of this, lightning warning systems should not be a replacement for weather alerts or apps but should be used as an additional tool.

If caught in a thunderstorm

If you find yourself caught outside during a thunderstorm, there may be nothing you can do to prevent being struck by lightning. There is no safe place outside in a thunderstorm. Because of this, it is critical to get to a safe place at the first sight of a thunderstorm. If you are stuck outside, follow these recommendations to prevent being struck:

• Lightning is most likely to strike the tallest object, so you should go to a place where you would not be the tallest. However, you must avoid isolated tall trees, utility poles, and large equipment. Instead, retreat to dense areas of smaller trees surrounded by taller trees or low-lying areas such as valleys or ditches.
• Avoid water and bodies of water. Most people assume water attracts lightning, but it is an excellent conductor of electricity.
• Do not shelter in sheds, pavilions, or covered porches.

Keys to remember: Incorporate a lightning safety policy into your written safety program, assign responsibilities, and rehearse responses like any other emergency plan.

Cold weather doesn’t mean you’re not losing water

It’s easy to associate dehydration with hot, sweaty summer days, but cold weather can be just as dehydrating. In low temperatures, the body’s thirst response is lowered, meaning you may not feel thirsty even when you're losing fluids. By the time you feel thirsty, you may already be mildly dehydrated.

Your body still loses fluids through perspiration—especially when wearing heavy gear or performing strenuous work. Combined with moisture that may be lost through respiration (like when you see your breath in the cold air), and you’ve got a recipe for dehydration.

Hydration matters in cold conditions

Hydration matters in the comfort, safety, and performance of workers. Dehydration can increase fatigue and reduce mental clarity leading to slips, falls, or incidents behind the wheel.. Here’s why hydration matters, even in the cold:

• Maintains core temperature: Water helps regulate body temperature. Dehydration can impair your ability to stay warm, increasing the risk of hypothermia.
• Supports circulation: Proper hydration keeps blood flowing efficiently, which is crucial for keeping extremities warm and preventing frostbite.
• Boosts energy and focus: Dehydrated workers may experience fatigue, dizziness, and reduced concentration—hazardous conditions in any work environment.
• Improves physical performance: Cold weather already stiffens muscles and joints. Dehydration compounds this, making movement more difficult and increasing injury risk.

Integrating hydration into your cold weather safety plan

OSHA may not have a regulation specific to cold weather safety; however, employers still must provide a workplace free of recognized hazards, including cold stress. Besides, it’s the right thing to do!

Hydration strategies to include in your winter preparedness initiatives should be:

• Providing warm, hydrating beverages (hot water, tea, broth) on-site;
• Educating workers on cold-weather dehydration risks, such as not drinking enough fluids or drinking caffeinated beverages;
• Ensuring access to clean, unfrozen water sources;
• Adjust work schedules to warmer parts of the day;
• Encouraging regular hydration breaks, especially during physically demanding tasks.

Key to remember: While thermal gear and wind protection are essential, don’t underestimate the power of hydration as part of your cold weather work preparation.

Key differences

One primary difference is that OSHA and workers’ compensation differ in their definition of “work-related.” OSHA defines work-related as an occurrence or exposure in the work environment that either caused or contributed to the condition or significantly aggravated a pre-existing injury or illness.

On the other hand, workers’ compensation generally considers an incident “work-related” when it was caused by or related to the job duties or occurred during work hours and while the employee is engaged in work-related activities.

Though these definitions seem the same on the surface, there is a key difference. OSHA presumes work-relatedness for injuries occurring in the work environment (unless exceptions apply), while workers’ compensation requires proof that the injury both arose from and occurred during employment.

Severity and treatment also play a role in how incidents are handled. OSHA requires injuries that require medical treatment beyond first aid to be recorded. Workers' compensation typically covers a much broader range of injuries including coverage of the administration of first aid. For example, a worker who suffered a back injury while playing in their weekend softball championship has the injury exacerbated at work to where they need medical treatment beyond first aid. This would be a recordable injury according to OSHA but may not be compensable by workers’ compensation rules since the injury didn’t occur in the work environment.

Pre-existing conditions can make a difference as well. If an injury is a significant aggravation of a pre-existing condition, it may be recordable under OSHA but not paid for under workers' compensation.

Personal and recreational activities are also key differences in how incidents are handled. For example, injuries that occur during personal activities on an off-site lunch break are typically not considered work-related under OSHA but could still be recordable under workers' compensation. Additionally, certain incidents, such as those involving voluntary participation in wellness programs or recreational activities, are not required to be recorded under OSHA but may still be compensable under workers' compensation.

The state where the incident occurs can also play a role in how OSHA and workers’ compensation pan out. Workers’ compensation is purely a state-owned program and differs for each state. From the OSHA lens, even if a state has their own OSHA-approved plan, each state must still comply with federal regulations at 29 CFR 1904.

A visual comparison

Understanding the differences between the two systems ensures that all relevant injuries are accurately recorded on the OSHA log and reported to workers’ compensation. Each serve distinct purposes and follow specific criteria.

Key reporting criteria for each include:

Knowing how each system defines and handles injuries helps employers:

• Avoid misreporting,
• Ensure timely and accurate claim processing,
• Maintain compliance,
• Manage risks effectively, and
• Support the fair treatment of injured workers.

This clarity also improves communication between interdepartmental teams (specifically safety, HR, and legal), reduces the risk of audits or penalties, and fosters a culture of transparency and trust in workplace safety practices.

Keys to remember: Understanding the differences between OSHA recordable incidents and workers’ compensation claims are essential for ensuring regulatory compliance, protecting workers, and avoiding potential legal disputes.

What is “chip guarding”?

“Effective chip guarding” means any method or equipment which will prevent a chip or particle (of whatever size) from being blown into the eyes or unbroken skin of the operator or other workers.

Effective chip guarding may be separate from the air nozzle as in the case where screens or barriers are used. The use of protective cone air nozzles are acceptable in general for protection of the operator, but barriers, baffles or screens may be required to protect other workers if they are exposed to flying chips or particles.

What about the psi requirement?

The regulation requires the psi at the nozzle to be less than 30 when using compressed air for cleaning.

However, OSHA has said in interpretive guidance that the use of compressed air for cleaning purposes at pressures at or greater than 30 psi is permissible if the outlet or source is fitted with a relief device or air ports that drop the pressure to less than 30 psi if the flow is dead-ended.

What about cleaning clothing/bodies?

While the regulation does not specifically address the issue, in a letter of interpretation OSHA said that employers should not allow employees to use compressed air for cleaning themselves or their clothing in general industry situations. The eyes and other body parts, such as the respiratory system, may be damaged as the result of inadequate personal protective equipment, lack of chip guards, and/or uncontrolled release of compressed air.

The dangers

There are numerous dangers of improperly using compressed air:

• Embolism: If compressed air enters the bloodstream through a body opening or skin break, it can create an embolism (air bubble) that can be life threatening.
• Eye damage: Particles that are being blown can “blow back” and strike the eyes. The air itself can also cause injury if it is pointed toward the eyes.
• Hearing loss: Some compressed air equipment can be loud enough to damage hearing. Always wear proper PPE.
• Combustible dust: If compressed air is used to blow certain dusts, it can create a suspension in the air that could ignite if there is an ignition source.
• Respiratory: Particles or air can enter the respiratory system, posing deadly hazards.
• Whips: If not properly secured, hoses can whip and cause severe injury.

Workers must be trained that even extremely low pressures, such as 5 or 10 psi, can still cause severe damage if pointed toward the body, particularly the mouth, eyes, ears, or open areas in the skin.

Employers should train employees on the dangers of compressed air, and ensure the equipment is equipped with the necessary safety features and is properly maintained.

Supervisors should watch for improper use, particularly horseplay, and initiate corrective action. In addition, for many applications, a broom or shop vacuum may be just as effective at cleaning, and much safer. Compressed air may seem harmless, but if strict safeguards and practices are not utilized it can be deadly.

Stools are working surfaces

The regulation at 1910.21 defines a walking-working surface as “any horizontal or vertical surface on or through which an employee walks, works, or gains access to a work area or workplace location.” This broad definition likely covers all plastic or aluminum stools that employees climb on and work from.

Having employees conduct pre-use inspections would fulfill the regular inspection obligation. Employees would need training on what defects require removing the stool from service. Defects might include damaged or missing non-slip feet, loose or missing treads, cracks in a plastic stool, loose bolts or damaged rivets on metal stools, or bent legs on metal stools.

Employees don’t need to document these inspections, but if OSHA asks them to demonstrate the process, employees should be able to describe what defects they look for and how they deal with a problem, such as tagging and removing the stool from service. Employers might want inspection documentation for various reasons, but employees who can demonstrate how they perform inspections should be able to convince an OSHA inspector that they do so regularly.

Training should also cover when to perform an “as necessary” inspection. After all, damage to a stool typically occurs during use, not while the stool is sitting unused overnight. Employees should perform another inspection if they hear a crack when stepping up, see a rubber foot come off, or notice something else that doesn’t look or sound right.

For more information on ladder safety, see our article, Portable ladder users must comply with OSHA and the law of gravity.

Attention to safety

Make sure employees know how to remove a damaged stool from service and how to get a replacement quickly. Employees should not use a damaged or unsafe stool because they “just needed one quick thing” and couldn’t find another stool.

If an OSHA inspector sees a damaged stool in use, the inspector could potentially cite 1910.22(d)(1) for a working surface that was not “maintained in a safe condition.” Moreover, if the inspector asks whether someone regularly inspects all walking-working surfaces, including stepstools, the employer should be able to answer affirmatively. In addition to avoiding a possible OSHA citation, these procedures help improve worker safety by ensuring that employees do not attempt to climb on damaged stools.

Key to remember: Train employees to regularly inspect stepstools, including stools that do not meet OSHA’s definition for portable ladders, since those devices are still walking-working surfaces.