Debunking HR rules: 3 scenarios HR gets wrong

What’s a WCPP?

When specific uses of chemical substances (i.e., conditions of use) in an occupational setting may pose unreasonable risks of injury to employees or the environment, Section 6 of TSCA requires EPA to develop regulations that reduce or mitigate those risks. The agency implements WCPPs to address the risks.

A WCPP requires covered entities to take certain actions in the workplace that shield individuals who engage with the conditions of use from inhalation and/or dermal risk.

Who’s subject to a WCPP?

The requirements of a WCPP may apply to entities that manufacture (including import), process, distribute in commerce, use, or dispose of a TSCA-regulated chemical substance.

The WCPP program extends beyond those who directly handle a regulated chemical substance to anyone in the workplace who’s exposed or who could be exposed to it (e.g., employees, independent contractors, volunteers, etc.).

What are the components of a WCPP?

A WCPP generally consists of multiple elements:

• Exposure limits, such as Existing Chemical Exposure Limits (ECELs), set the amount or concentration of a chemical substance that can be in the air.
• ECEL action levels establish airborne concentration limits that, if exceeded, activate additional requirements (like more frequent monitoring).
• Exposure monitoring measures and compares air concentration levels to the exposure limits.
• Regulated areas establish where airborne concentrations of the chemical substance are above or have a reasonable possibility to go above exposure limits. Facilities limit access to these areas to control exposure.
• An Exposure Control Plan documents the selection and implementation of controls used to reduce exposure. It's developed according to the hierarchy of controls, which mandates that the most protective actions used to reduce hazardous exposures be considered first. The general order is elimination, substitution, engineering controls, administrative controls, and then personal protective equipment (PPE) use.
• Dermal and inhalation control measures may consist of direct dermal contact control measures (like removing the chemical substance at the source before a worker encounters it) and PPE use (such as requiring workers to wear chemical-resistant gloves or use respirators when handling the chemical substance).
• Training applies to workers who are or could be exposed to the chemical substance and typically covers multiple elements of the WCPP (work processes, proper PPE use, and exposure controls, for example).
• Recordkeeping demonstrates compliance with the WCPP. Facilities usually have to maintain records of monitoring results, Exposure Control Plans, regulated areas and those authorized to use them, training, and PPE programs.
• Downstream notifications alert others in the supply chain of WCPP requirements. Manufacturers, processors, and distributors generally provide the required information on a chemical substance’s Safety Data Sheet.

Know the chemical-specific requirements

If your facility is subject to a WCPP, it’s essential to know the regulations that apply to the specific chemical substance. The chemical’s rule will define the conditions of use to which the WCPP applies and may contain different or additional requirements. Also, state or local regulations may have stricter rules that dictate how (and if) your facility can use the chemical substance.

Key to remember: Facilities that use TSCA-regulated chemical substances may have to comply with EPA’s workplace chemical protection program to protect workers and other exposed individuals from unreasonable health risks.

Who will be affected?

The stricter PM2.5 rule will impact many industries, particularly those that emit a lot of fine particle pollution. Some of the most affected sectors include:

• Manufacturing & Heavy Industry – Factories making steel, cement, or chemicals may need stronger pollution controls.
• Power Generation – Coal and gas power plants may have tighter limits, requiring better filtration systems.
• Transportation & Logistics – Ports, rail yards, and trucking centers could have new rules reducing diesel pollution.
• Construction & Mining – Dust and particles from digging, moving materials, and using equipment may need stricter control.
• Agriculture – Large farms, especially those handling animals or grain, may need better dust control.
• Oil & Gas – Refineries and drilling sites may face tougher rules on pollution from burning fuel.

These industries may see higher costs, stricter permits, and changes to operations to meet the new standards.

Tougher pollution limits

Businesses in nonattainment areas must follow stricter PM2.5 rules. This may mean updating operations or investing in better pollution control technology. The goal is to reduce fine particle emissions that harm air quality and health.

New permit rules

Businesses expanding or changing operations that increase PM2.5 pollution may need new permits. These permits show compliance with tighter pollution limits.

State rules may change

States with nonattainment areas must update their air quality plans. This could mean new industry rules, such as lowering emissions, increasing monitoring, or changing reporting requirements.

Increased monitoring & reporting

Expect closer tracking of your business’ pollution levels, including real-time monitoring and more frequent reports. Compliance checks may be stricter in nonattainment areas.

Offsetting pollution

If a business increases PM2.5 pollution, it may need to offset that by reducing pollution somewhere else in the same area. This ensures the total pollution level does not rise.

Costs & economic effects

Businesses in nonattainment areas may see higher costs due to stricter rules. Local governments might offer rewards or fines to encourage pollution reductions. Companies may need to find cost-effective ways to lower their PM2.5 levels while staying efficient.

How to prepare

• Review your business’ pollution levels and find ways to lower them.
• Stay updated on new local and federal rules.
• Work with state agencies to understand new compliance expectations.
• Invest in cleaner technology to stay ahead of regulations.

Key to Remember: By having a plan for the possibility of nonattainment now, your business can adjust to the new PM2.5 rules while helping improve air quality and public health.

Starting destination: About the program

The RFS program (see 40 CFR Part 80 Subpart M) requires gasoline and diesel fuel (called transportation fuel) that’s sold in the U.S. to contain a specific volume of renewable fuel. There are four renewable fuel categories:

• Advanced biofuel,
• Biomass-based diesel (or BBD),
• Cellulosic biofuel, and
• Total renewable fuel.

The route to compliance for refiners and importers that produce, distribute, and sell transportation fuel consists of annual standards, volume requirements, and demonstration.

Stop 1: Discover the annual standards

EPA sets national annual volume requirements for renewable fuel that must be blended into the U.S. market’s total amount of transportation fuel. The agency establishes volumes for each renewable fuel category in addition to corresponding percentage standards.

For example, EPA’s waiver for cellulosic biofuel lowered the 2024 annual volume requirement to 1.01 billion gallons and the percentage standard to 0.59 percent, due to lower-than-expected production volume.

Stop 2: Calculate the volume requirements

Refiners and importers of transportation fuel (“obligated parties”) use the annual percentage standards to determine the number of gallons of gasoline or diesel fuel they must blend individually.

Obligated parties have to meet Renewable Volume Obligations (RVOs) for each type of renewable fuel. RVOs are based on the amount of fuel the parties produce or import (essentially, their share of total transportation fuel). They calculate individual RVOs using this formula:

• Gasoline and diesel production or import volume x Annual percentage standard + Any carryover deficit from the previous year

Consider an example using the amended 2024 requirements for cellulosic biofuel with these factors:

• A production/import volume of 500,000 gallons,
• An annual percentage standard of 0.59 percent, and
• A carryover deficit of 0.

• RVO = 500,000 x 0.59 percent + 0

In this example, the RVO for cellulosic biofuel in 2024 is 2,950 gallons.

Stop 3: Demonstrate compliance

Obligated parties must demonstrate compliance with their individualized RVOs annually. To do so, they need to obtain and retire enough Renewable Identification Numbers (RINs) to meet the RVO for each renewable fuel category (80.1434(a)(1)).

Obligated parties can get RINs by:

• Purchasing batches of renewable fuel and the RINs assigned to them, and/or
• Purchasing RINs that are no longer assigned to batches of renewable fuel.

Let’s look at a common path to obtaining RINs using a fuel blender:

• Fuel is generated.
  • RINs are generated and assigned to the renewable fuel a producer makes. (One RIN represents one ethanol-equivalent gallon of renewable fuel.)
  • An entity produces or imports nonrenewable fuel. The refiner or importer becomes an obligated party subject to RVOs.
• Fuel is blended.
  • A blender purchases renewable fuel with the assigned RINs from the renewable fuel producer and nonrenewable fuel from the obligated party.
  • The blender combines the renewable and nonrenewable fuels.
• RINs are separated.
  • Once the fuels are blended, the blender separates the RINs from the renewable fuel.
  • A service station purchases the blended fuel (without the RINs), and the blender sells/trades the RINs.
  • Obligated parties can purchase separated RINs to meet their RVOs.
• RIN transactions are recorded.
  • The obligated party records each purchase and sale of RINs it makes into the EPA Moderated Transaction System (EMTS). The EMTS tracks all RIN transactions.
• RINs are retired and/or carried over.
  • The obligated party retires the RINs needed to meet the RVO for all four renewable fuel categories (usually at the end of the compliance year).
  • If the obligated party has a surplus of RINs that didn’t have to be retired, the party can either:
    • Carry over the RINs into the next compliance year (after which they can’t be used for compliance), or
    • Sell the surplus RINs.

Final destination: Compliance

Obligated parties report the retired RINs in their annual compliance report (80.1451(a)(1)).

Key to remember: The route to successful compliance with the Renewable Fuel Standard program for gasoline and diesel refiners and importers consists of annual standards, volume requirements, and demonstration.

The EPA definition: “RCRA empty” explained

Under the Resource Conservation and Recovery Act (RCRA), a container that once held hazardous waste is only legally “empty” if it meets particular criteria outlined in 40 CFR 261.7. The first standard that must be satisfied is that all material has been removed from the container using normal means such as pouring, pumping, or aspirating. Secondly, no more than 2.5 centimeters or 1 inch of residue remains on the container's bottom or inner lining. Alternatively, if the container holds 119 gallons or less, it is empty if no more than 3 percent of the total weight exists, or, if the container holds more than 119 gallons, it is empty if no more than 0.3 percent of the total weight exists.

Of course, sometimes special circumstances require further evaluation. For example, a gas cylinder is not empty until the pressure has reduced to atmospheric levels, and acute hazardous waste containers must be triple rinsed with an appropriate solvent or cleaned by another approved method. If these conditions are not met, the container is still legally considered to contain hazardous waste, even if it feels empty.

The OSHA definition: “Empty” under the Hazard Communication Standard

While EPA focuses on environmental disposal and waste management, OSHA’s concern with empty containers centers on worker safety, particularly the potential for exposure to hazardous residues or vapors. Under OSHA’s Hazard Communication Standard (29 CFR 1910.1200), a container that previously held hazardous chemicals must retain its original hazard label until it is adequately cleaned or until the employer removes the label following proper decontamination procedures. For example, a drum labeled “Flammable” must keep this label even if it appears empty, as residual material or vapors may still pose a significant ignition or fire risk. Removing such labels prematurely could lead to workplace hazards and violations of OSHA regulations.

How to stay compliant

Employers must first clearly determine which rules apply to them: whether the container held hazardous materials governed by EPA regulations, hazardous chemicals subject to OSHA requirements, or both. Emptying procedures should be followed, including properly draining the container, performing triple-rinsing when required, and thoroughly documenting all decontamination activities. Original hazard labels must be maintained on containers until they are thoroughly cleaned or reconditioned, as removing labels prematurely violates OSHA’s Hazard Communication Standard. Additionally, employers should provide employees with training on the proper handling, labeling, and disposal of containers and ensure they fully understand what constitutes an empty container under federal standards. Finally, a detailed record of all rinsing, draining, and cleaning processes should be maintained to demonstrate compliance during EPA or state inspections.

Keys to remember: Employers should educate their teams, enforce proper cleaning procedures, and maintain compliance records to ensure they are staying compliant with “empty” container standards.

What is personal conveyance?

The personal conveyance exception allows a driver to use a CMV for personal reasons while off duty, essentially using a CMV for errands or travel. This would be something they would typically do with their personal vehicle, if it were available. When considering whether PC is appropriate for the movement of the vehicle, a driver must consider these four requirements. If the move does not meet all four requirements, it is not PC.

• Does the carrier have a policy authorizing PC?
• Is the driver legitimately off duty during the move?
• Is the destination purely personal?
• Is there any benefit to the carrier? This includes ending up in a better position as far as the current or next assignment.

When a driver is confident the move meets all four requirements, the driver can use PC for the move.

Proper use of personal conveyance

Drivers who are permitted to use PC must be relieved from duty before they can use this exception. Examples of proper usage are:

• Traveling from a truck stop to a restaurant or hotel.
• Commuting between home and the driver’s terminal.
• Driving to the nearest safe place to rest after loading or unloading.

There are many other examples of proper use. Each move should be assessed on a case-by-case basis.

Prohibited use of personal conveyance

Examples of movements that would not qualify as PC are:

• Bypassing an available rest location to get closer to a delivery or pick-up location.
• Time spent transporting a CMV to a maintenance facility.
• Time spent traveling to a carrier’s terminal after loading or unloading.

Common questions

Many drivers find themselves non-compliant because they do not fully understand these requirements. Below are some common questions.

• Can a driver stop at a restaurant for dinner and log off duty for the day, eat dinner, and drive to the truck stop at the same exit using PC?
  • Because the driver intends to end the workday at the truck stop, the driver cannot use PC to get there. The driver would be in compliance if they had gone to the truck stop, logged off duty, then used PC to travel to and from dinner.
• If a load is not available for a driver, can they use PC to travel several hundred miles home?
  • While there is no time or mileage limit on PC at this time, a driver cannot use PC to place the truck or driver in a better position for the next load. Most carriers would load a driver as close as possible to the current location. Since it is not likely that the driver would return to the location the PC began for the next load, PC is usually not appropriate for this move.
• Can a driver use PC to go to a store to get food and other personal items?
  • A driver is permitted to use a CMV to go anywhere they would go in a personal vehicle, as long as the move is strictly personal. The driver cannot be purchasing items for the carrier and must not move the CMV closer to the next pick up or delivery, unless they return to the starting location at the end of the personal move.

Key to remember: PC is a tool a driver can use to complete personal tasks, but care should be taken to ensure the move is purely personal to avoid fines and penalties.

What these permits do

Each of the following permit types serve a specific function, and understanding when and where they’re needed is important to stay compliant and avoid enforcement issues:

• Trip permits allow temporary travel in a state where the carrier isn’t registered under the International Registration Plan (IRP).
• Fuel permits provide temporary authorization to operate without International Fuel Tax Agreement (IFTA) credentials in jurisdictions where you don’t hold a fuel tax license.
• OS/OW permits are required when a load exceeds legal dimensions, axle limits, or total weight.

Why it matters

Obtaining the correct trip, fuel, and OS/OW permits is a critical factor in keeping your operation running legally, safely, and efficiently. When these permits are missing, inaccurate, or misused, the consequences can be significant. At a minimum, a driver may face citations, but more commonly, the vehicle may be placed out of service until proper documentation is obtained. This results in unplanned downtime, delays, and unhappy customers.

Non-compliance can also jeopardize relationships with shippers or brokers. Late or disrupted deliveries due to permit delays or routing problems can lead to lost business opportunities and reputational damage. Even something as simple as failing to carry or present a permit during a roadside inspection can cause an otherwise compliant operation to come to a standstill. In short, overlooking permitting requirements can create a chain reaction of problems that impact your bottom line, safety record, and long-term operational stability.

Common mistakes to avoid

Many carriers, especially those managing permits in-house, fall into the same traps when applying for or managing permits. Watch out for these frequent errors:

• Inaccurate or incomplete vehicle/load information. Wrong axle weights, vehicle specs, or routing details can cause delays or invalid permits.
• Waiting too long to apply. OS/OW permits often require extra processing time for route analysis or engineering reviews.
• Not understanding state-specific requirements. Every state has unique laws, including seasonal weight restrictions, travel curfews, and escort mandates.
• Failing to carry or display the permit as required. Some jurisdictions demand the permit be physically or digitally present and available on request.
• Using expired or misused permits. Permits are often only valid for certain dates, times, and routes. Deviating from that voids the permit.

Trip, fuel, and OS/OW permits are not optional paperwork. They are critical regulatory tools that protect your business, your drivers, and the public. 

Key to remember: By understanding permit requirements and avoiding common pitfalls, you can operate more confidently and efficiently across all jurisdictions.

Temporary Waiver

Because of delays in updating driver records, the Federal Motor Carrier Safety Administration (FMCSA) issued a waiver effective July 14 through October 12, 2025. This lets CDL/CLP drivers use a paper copy of their medical card for up to 15 days after their exam and allows:

1. CDL and CLP drivers to show proof of medical certification while driving, and
2. Carriers to keep the medical card in the driver’s file until the motor vehicle record (MVR) updates.

NRII state updates

As of July 28, 2025:

• 38 states have switched to NRII.
• 12 states have not.

States with transition target dates include:

• Florida – September 2025
• Iowa – October 19, 2025
• Kentucky – June 2026
• New York – February 2026
• Wyoming – Late 2025

Alaska, California, Louisiana, New Hampshire, New Jersey, Oklahoma, and Vermont don’t have transition target dates yet.

What to do if the MVR is not updated

If the medical exam information does not show up on the driving record within a couple of days:

• Ask the examiner to check for error messages in their Registry account and resubmit the information. Make sure they have the driver’s correct name, birth date, state, and license number.
• Contact the driver’s state driver licensing agency (SDLA) CDL Help Desk to confirm the update. Ask the SDLA to pull the information from the Registry if necessary.
• As a last resort, contact Registry support:
  • Email: fmctechsup@dot.gov
  • Phone: 617-494-3003
• Drivers should not operate a commercial motor vehicle if their MVR shows the driver as “not certified” and it is more than 15 days after the medical exam date. Enforcement could site the driver and place them out of service.

Some misinformation is going around. Here are the facts:

• Drivers do not need a new exam just because the certification information did not transfer—unless the exam was falsified or the examiner was not on the Registry.
• Changing the driving tier (like Interstate or Intrastate excepted or non-excepted) is the driver’s job, not the SDLA.
• Some examiners are charging extra to send the information to the state. This should not be due to the new process alone. They have been entering exam information in the Registry since 2015.

Key to remember: Monitor driver medical certification issues closely and take corrective action immediately to avoid CDL driver out of service violations.

Who's included?

In New Mexico, the weight-distance tax applies to owners, operators, and registrants of intrastate and interstate commercial vehicles with a declared gross vehicle weight more than 26,000 pounds.

What’s required?

If this program applies to your fleet, you must register and apply each year for a New Mexico Weight-Distance Tax Electronic Permit for each of your vehicles. Then you must file a return and pay the tax quarterly. Certain taxpayers may elect to pay the tax on an annual basis.

If a quarterly weight-distance tax report has not been submitted, the system will not allow the e-permit to be processed.

Computing the tax

The tax is based on vehicle weight and miles traveled on New Mexico roads, so you’ll need those records. The tax is computed by multiplying the miles traveled in New Mexico by the applicable tax rate.

The tax rate depends on:

• The weight class of the vehicle, and
• Whether it qualifies for the lower one-way haul rate for certain trucks that travel 45 percent or more miles for the registration year empty of all load.

Quarterly due dates

Weight distance tax is due by:

• April 30 for the quarter January 1 through March 31;
• July 31 for the quarter April 1 through June 30;
• October 31 for the quarter July 1 through September 30, and
• January 31 for the period October 1 through December 31 each year.

Even if your registered trucks have not traveled through New Mexico during a quarter, you must still file a return for that quarter.

Are there other options?

If your trucks operate on New Mexico highways, you do have options. You can:

• Register each vehicle and then report and pay weight-distance tax quarterly, or
• Pay the trip tax each time one of your trucks enters or exits the state.

Key to remember: If you operate in New Mexico, be sure to add the weight-distance tax to your list of quarterly payments.

Key changes

Updates to classifications and exceptions include:

• The term "metal powders" now aligns with the UN classification.
• List of Category A pathogens now include monkey pox virus as Category A when in culture form only. The World Health Organization now references monkey pox virus as "mpox".
• Exception for COVID-19 vaccines has been expanded to cover all pharmaceutical products packed in a form ready to be administered. This also applies to those items in clinical trials.

New entries to the List of Dangerous Goods include:

• UN0514, Fire suppressant dispersing devices, Division 1.4S.
• UN3559, Fire suppressant dispersing devices, Class 9.
• UN3554, Gallium contained in manufactured articles.
• UN355, Sodium ion batteries.
• UN3552, Sodium ion batteries contained in equipment.
• UN3552, Sodium ion batteries packed in equipment.
• UN3556, Vehicle, lithium ion battery powered,
• UN3557, Vehicle, lithium metal battery powered.
• UN3558, Vehicle, sodium ion battery powered.

Changes and additions to special provisions include:

• A40: Expands the application of liquid desensitized explosives in Class 3.
• A69: Includes reference to gallium.
• A144: Clarifies the appropriate aircraft limitation is "passenger and cargo aircraft" when the special provision is applied.
• A228: Added to clarify the classification differences between sodium ion cells and batteries with an organic electrolyte and those batteries with an aqueous alkali electrolyte.
• A232: Added to distinguish between the classification of fire suppressant dispersing devices between Division 1.4S and Class 9.

Packing instructions with changes include:

• 5.2.0.8: Amended to enhance the protection of valves on cylinders and closed cryogenic receptacles, including references to design standards for shrouds, permanent protective attachments, and valves for non-refillable cylinders.
• PI 961: Now includes UN 3559, Fire suppressant dispersing devices, ensuring they are packed safely for transport.

Finally, Appendix A includes several changes to the defined terms in the Glossary, ensuring clarity and up-to-date terminology.

The updates listed above are not the only changes to the 2025 IATA DGR. However, they do show IATA's commitment to enhancing safety and efficiency in the transport of dangerous goods. Staying informed and compliant with these regulations will ensure smooth and secure operations in 2025.

Key to remember: If you are shipping dangerous goods by air, make sure you are using the appropriate IATA DGR, so you can stay in compliance with changing requirements.

The intent of the standard

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

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

License and certification Q&A

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

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

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

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

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

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

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

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

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

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

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

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

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

Operator Impairments

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

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

Keys to Remember

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

Don’t do nothing

HR professionals should strive to resolve workplace problems quickly and restore a healthy environment for everyone. You can’t do that by ignoring complaints.

Doing nothing is also unwise because employers can be held liable for sexual harassment incidents they knew about or should have known about. Managers especially should be made aware they must report any off-the-record complaints to HR and not promise employees they’ll keep any information confidential.

Any details of a complaint, no matter how informally it’s received, should be documented. Even if the employee doesn’t want you to “do anything” or you don’t think there’s any substance to the claim, having it on record may be helpful in dealing with future incidents. It could show a pattern of behavior, for example.

Have a conversation

In the scenarios above, it may be wise to start informal, non-disciplinary conversations with both the supervisor and the executive. Frame these kinds of conversations around:

• Adhering to proper workplace expectations,
• Establishing professional boundaries, and
• Avoiding behavior that could be perceived as unwelcome.

Additionally, follow up with the reporting employee after a reasonable amount of time to show continued support and determine whether the issue has continued or escalated.

Anyone receiving a complaint whether it’s supervisor or someone in HR, should let the person know that it will be kept as confidential as possible, but they should never promise complete anonymity. Once you begin digging into a complaint, the identity of the complainant may be obvious based on the circumstances.

To foster an open culture in which employees feel that they can speak up without fear of reprisals, it’s important to have an anti-retaliation policy, and clear speak-up policies and procedures.

Time for training

If you’ve seen an uptick in complaints about inappropriate behavior, it may be an opportune time to require company-wide training for all employees on what is unprofessional workplace conduct and when it crosses the line and becomes illegal sexual harassment.

Key to remember: HR has a responsibility to investigate complaints, even when an employee says they don’t want anything done. An uptick in such complaints may call for anti-harassment training for everyone.

What triggers the ADA obligations?

Instead of jumping to job reassignment right away, employers should first look for accommodations that would enable employees to continue in their current position. Options vary, but could include something as simple as longer break times or a chair to sit on.

When employees ask for a workplace change because of a medical condition, employers’ ADA obligations are triggered, including what’s called the “interactive process.” In this process, employers should look at the employees’ limitations in relation to the job’s essential functions, identify the barriers in between, and look for an accommodation that would reduce or eliminate the barriers.

5 job reassignment considerations

Once employers go through the interactive process, if no other accommodations pan out, then employers may consider job reassignment.

Employers should keep these five thoughts in mind to remain ADA compliant:

1. Vacancy and qualifications. The reassignment position must be vacant, and employees must be qualified for the position. Employees are qualified if they meet the requirements of the position and can perform its essential functions.
2. Available roles. Generally, it’s the employers’ responsibility to look for a new position and notify employees of possible vacant positions.
3. No interviews. Employees don’t have to interview for the reassignment position. The Equal Employment Opportunity Commission indicates that if employers require interviews, reassignment is not an accommodation. When the accommodation is reassignment, employees who request the accommodation would receive the position without having to interview for it.
4. Managerial preferences. A manager’s preference to hire someone else to fill the reassignment position doesn’t matter; it doesn’t change the employer’s responsibility. If there’s a vacant position that employees are qualified for, employers must reassign them to the position, regardless of a manager’s hiring preference.
5. Job options. If no similar position is available in terms of pay or status, employers should look for lower-level positions that employees are qualified for, starting with positions that are as close in pay and seniority to the original position held. If employers are unsure if employees are qualified for a position, that should be discussed during the interactive process.

Key to remember: When job reassignment is the only form of effective accommodation, employers need to keep certain considerations in mind.

No particular form

Employees’ notice to employers may be either verbal or written. The notice may be informal and doesn’t need to follow any particular format.

Employers may not require employees to fill out a standardized leave request form for their military leave. They’re also prohibited from requiring employees to submit it to HR a certain number of days in advance of their military leave.

Employees don’t need to give their employers notice of their military leave when it’s scheduled for a time they’re not working (e.g., weekends). If, however, the uniformed service spans a period that overlaps with scheduled work, then employees must give notice of the military service that requires them to be absent from work.

How far in advance

Although the USERRA doesn’t specify how far in advance employees must give such notice, they should provide notice as far in advance as is reasonable under the circumstances. The Defense Department strongly recommends that employees give advance notice to their civilian employers at least 30 days before leaving for uniformed service when it’s feasible to do so.

Exceptions

Employees must give advance notice of pending military service unless giving such notice is prevented by military necessity, or is otherwise impossible or unreasonable under all circumstances. In those instances:

• Only a designated authority can determine “military necessity,” and such a determination isn’t subject to judicial review. In general, this includes situations where a mission, operation, exercise, or requirement is classified, or could be compromised or otherwise adversely affected by public knowledge. In certain cases, the Secretary of Homeland Security, in consultation with the Secretary of Defense, can decide that giving notice by intermittent disaster-response appointees of the National Disaster Medical System is precluded by “military necessity.”
• It may be impossible or unreasonable to give advance notice under certain circumstances. Such circumstances may include the unavailability of the employees’ employers or a requirement that the employees report for uniformed service in an extremely short time.

Other rules

Employees don’t have to ask for or get their employers’ permission to take military leave. Employees must only give their employers notice of pending service.

If employees tell their employers that they aren’t planning on coming back to work while they’re on military leave, employers may not terminate them.

Employees don’t waive the right to reemployment by telling their employers that they don’t intend to come back to work following the service. Service members are entitled to exercise their reemployment rights throughout the period in which they may report to work or apply for reemployment has passed.

Key to remember: Employers can expect employees to give them notice of military leave, but not in all cases.

Pay

Employees would be paid their regular pay rate during the paid time off. Tipped employees would be paid the higher of:

• The federal minimum wage,
• The applicable state minimum wage,
• The applicable local or municipal minimum wage,
• Any other wage required by law, or
• The employees’ regular wage.

Employers would need to pay out any unused paid time off upon separation, whether the employee resigns or is terminated.

No need to act now

This bill is in the first legislative stage and has been referred to the Committees on Education and Workforce, House Administration, Oversight and Government Reform, the Judiciary, and Transportation and Infrastructure. Despite having little chance of being passed, this bill is another reminder that members of Congress are interested in employee leave.

Key to remember: Should the “PTO Act” be signed into law, employers would need to give their employees two weeks of accrued paid time off annually.

OSHA’s on top of it!

OSHA has even recognized the unique challenges women face in the workplace, specifically with properly fitting PPE. In fact, on December 12, 2024, the new PPE rule for the construction industry was officially published in the Federal Register with a full compliance date set for January 13, 2025. The new rule requires employers to ensure that protective equipment fits properly for any construction worker who needs it.

Increased risk in certain industries

Many industries have hazards ranging from exposure to toxic chemicals and radiation, to stress and fatigue, and even physical injuries. Most hazards pose the same risks to either gender; however, despite the advancements in technology and safety measures, the rate of work-related incidents for females remains high.

Women may face higher risks at work compared to men due to a combination of biological and physical factors, workplace design, and societal assumptions. These contributing factors can result in quicker fatigue, workplace harassment and violence, and mental stress. Studies show that women are often subjected to higher instances of harassment, discrimination, and violence, particularly in male-dominated industries. For instance, the U.S. Equal Employment Opportunity Commission (EEOC) data reveals that from 2018 to 2021, nearly 78.2% of all sexual harassment allegations in the workplace were reported by women.

Industries with especially high risks for ladies include:

• Manufacturing
• Agriculture and farming
• Transportation and truck driving
• Law enforcement
• Welding
• Construction and roofing
• Electrical
• Sawmills, papermills, and logging
• Telecommunications

Additional industries often overlooked as dangerous for women include:

• Teaching
• Medical and healthcare
• Social work

Though these are the more hazardous industries, all employers have a duty to ensure their hazard assessments consider unique challenges for all work groups – men, women, young workers, temporary workers, and more.

Keys to remember: Employers must recognize that women in the workplace face unique risks like ill-fitting PPE, harassment, and violence. They must offer effective policies, safety protocols, and appropriate equipment to ensure equal protection for all workers.

A Wake-Up Call on a Demo Job

We were overseeing a large demolition project involving concrete cutting, welding, and debris removal. Workers wore dust masks, but complaints started surfacing: dry throats, coughing, fatigue. One worker even developed shortness of breath by the end of the week. I suspected silica exposure, so we initiated personal air sampling—attaching pumps to several workers’ vests and collecting full-shift breathing zone data.

The lab results were sobering. Crystalline silica levels were more than double the OSHA permissible exposure limit (PEL). That day, we issued half-face respirators with P100 filters and began installing wet cutting systems and ventilation on enclosed floors. If we hadn’t sampled, we wouldn’t have known. And if we hadn’t known, we wouldn’t have acted.

OSHA's Framework for Exposure Monitoring

In construction, OSHA’s primary guidance for respiratory protection starts with 1910.134, which outlines the requirements of a respiratory protection program. But all of it hinges on one critical step: exposure assessment. Without proper sampling, there’s no way to justify the use—or non-use—of respirators.

OSHA requires employers to assess whether workers are exposed to airborne contaminants at or above action levels. If so, the employer must measure those exposures using validated sampling methods, such as those published by NIOSH or detailed in OSHA’s Technical Manual. This step is crucial not only for compliance but for protecting lives.

Sampling Methods in the Field

In construction, conditions change by the hour. That’s why air sampling needs to be task-specific and representative of real exposure. Cutting concrete, applying sealants, and stripping paint—each process may release different airborne hazards.

Personal air sampling remains the gold standard. Pumps clipped to the worker’s belt draw air through a filter near the breathing zone, usually for a full work shift. This data is then compared to OSHA’s exposure limits for substances like silica, lead, carbon monoxide, and others commonly found on job sites.

Beyond Data: The Respiratory Protection Program

If results show that exposure exceeds the PEL, employers must implement controls. Engineering and administrative controls come first, but when those aren’t enough, a full respiratory protection program is required.

That means selecting the right respirator for the hazard, conducting medical evaluations, performing annual fit tests, training workers on use and maintenance, and documenting it all.

Protecting Workers Starts with Knowing the Air They Breathe

As a safety professional, I’ve seen firsthand how easy it is to overlook airborne hazards in the chaos of a construction site. But respiratory exposures can be as deadly as any fall or trench collapse—they just take longer to claim their toll.

Air sampling isn’t about paperwork or appeasing an inspector. It’s about ensuring that every worker goes home with the same lung capacity they showed up with. That’s a responsibility we can’t afford to take lightly.

Do you have a question for our Compliance Experts? We encourage you to use Compliance Network’s Expert Help tool if you have safety or compliance questions. Ray Qureshi-Chishti and our team of Compliance Experts will respond within 24 business hours.

#1 Start here

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

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

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

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

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

#2 Train on these topics

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

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

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

Truck-related topics include the following:

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

Workplace-related topics are examples like these:

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

#3 Determine success

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

#4 End here

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

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

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

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

Action item

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

Key to remember

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

COVID-19 R&R provisions

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

Proposed changes

OSHA specifically proposes to remove:

Why the changes?

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

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

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

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

Heads up on another rule

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

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

Key to remember

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

Other safety tips

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

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

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

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

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

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