The 150 air-mile short-haul exemptions: Widely used and widely misused

The importance of CPR and early defibrillation

For every minute a patient is in cardiac arrest, their chances of survival decrease dramatically. When a patient doesn’t have a pulse and isn’t breathing, CPR should be performed until an AED is available. It’s important to note that CPR alone does not restart the heart. CPR is an oxygen circulation procedure. AEDs, on the other hand, are meant for lifesaving intervention.

CPR and early defibrillation are vital components of the emergency medical services (EMS) chain of survival that increases the odds of cardiac patient survival. However, according to the American Heart Association (AHA), even the best CPR can’t provide enough circulation of oxygen to the brain and heart for more than a few minutes. In fact, a patient whose brain is deprived of oxygen for 10 minutes or more seldom recovers.

Signs and symptoms of cardiac compromise

Just like a reliable vehicle, the circulatory system is the human body’s blood transportation system, and the heart is the engine. Amazingly, the heart generates its own electrical impulses, pumping in a regular, rhythmic manner. As with any engine, the heart requires a certain amount of pressure to function and doesn’t work well when clogged with grease or debris. The most common causes of sudden cardiac arrest include a heart attack, electrocution, and asphyxiation — all of which could occur in the workplace. Common signs and symptoms include:

• Chest pain accompanied by a crushing or squeezing sensation,
• Pain that radiates to the jaw or arm,
• Irregular pulse and/or abnormal blood pressure,
• Shortness of breath,
• Cool and sweaty skin,
• Nausea and vomiting, and
• Anxiety or feeling of impending doom.

CPR provides the pressure for the body’s “engine” to oxygen circulating, while an AED provides the electrical impulses to keep the engine pumping.

OSHA requirements regarding CPR

OSHA 1910.151 requires first aid treatment be provided in the absence of an infirmary, clinic, or hospital in near proximity to the workplace used to treat injured employees. This may include assisting a victim of cardiac arrest using CPR or defibrillation.

OSHA requirements for CPR and defibrillation differ considerably. Standards requiring CPR include:

• 1910.146 Permit-required Confined Spaces
• 1910.266 Appendix B: Logging Operations – First Aid and CPR Training
• 1910.269 Electric Power Generation, Transmission, and Distribution
• 1910.410 Qualifications of Dive Team and
• 1926.950 Construction Subpart V, Power Transmission and Distribution

OSHA recommends basic adult CPR refresher training and retesting every year, and first aid training at least once every three years. CPR training include facilitated discussion along with ’hands-on’ skills training that uses mannequins and partner practice.

OSHA requirements regarding AEDs — you might need a prescription

Though OSHA recognizes AEDs as important lifesaving technology that plays a role in treating cardiac arrest, the agency doesn’t currently require their use in the workplace. Instead, OSHA wants employers to assess their own requirements for AEDs as part of their first aid response.

AEDs are considered Class III medical devices which means the Food and Drug Administration (FDA) has some oversight on their use. Almost all AEDs require the purchaser to obtain a prescription from a physician under FDA regulations. The prescription process is meant as a quality control mechanism to ensure AEDs are properly maintained, that all designated responders are properly trained, and assist employers with establishing an emergency response plan for their workplace AED program.

The AHA requires AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.” Though easy to use, each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. Additionally, AED users must be trained to understand the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.

AEDs are light, portable, easy to use, and inexpensive. They’re best placed near high-hazard areas such as confined spaces, near electrical energy, or in remote work areas. Response time to reach AEDs should be kept within 3–5-minutes.

Training requirements

Many states require or encourage CPR and AED training from nationally recognized organizations. Any AED training should include CPR training. OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as AHA, the American Red Cross, or National Safety Council is recommended.

Keys to Remember

While OSHA doesn’t currently require the use of AEDs in the workplace, they do expect employers to assess their own AED requirements as part of their first aid response. AED training is required by most states and should include CPR with a hands-on practical component.

Top 5 universal waste violations and how to avoid them

1. The container crime: Leaving it open - Leaving a Universal Waste container open is a common and costly mistake. When boxes or drums holding items like lamps and batteries are left unsealed or without a proper lid, the risk of contamination skyrockets. If a fluorescent tube breaks, mercury vapor escapes; if a battery leaks, corrosive material spills. An open container is considered a failure to prevent a release, which is a core hazardous waste violation. The fix is simple: close the container immediately. Train designated handlers to ensure containers remain sealed except when adding or removing waste, and use containers specifically designed for UW, such as fiber drums for lamps with secure, sealable lids. If it’s open, it’s a violation waiting to happen.
2. The ticking clock: Missing the accumulation date - Missing the accumulation date is a violation that can cost you. Every Universal Waste container must clearly show the date when the first item was placed inside, and both Small and Large Quantity Handlers have only one year (365 days) to store UW before it must be shipped off-site. Without a visible start date, inspectors will assume you have exceeded that limit. The solution is simple: mark it and track it. Use a permanent marker to write the “Start Date” directly on the container, and do not wait until day 364 to act. A digital spreadsheet or calendar reminder can help you stay ahead, and scheduling vendor pickups between the 9- and 11-month mark creates a critical 30-day buffer against delays or conflicts.
3. The DIY treatment disaster - Attempting to treat Universal Waste on-site is a recipe for violations. Crushing bulbs, mixing incompatible waste streams, or dismantling items to save space may seem efficient, but it is strictly prohibited under UW rules. These regulations are designed to simplify storage and not treatment. Breaking a fluorescent bulb outside of a permitted device not only risks mercury exposure but also constitutes hazardous waste mismanagement. The fix is simple is to train personnel that their role is to store and package waste correctly, not to alter or treat it. Keep fragile items in secure areas where they will not be crushed by forklifts or stacked boxes. Managing UW means preventing breakage, not creating it.
4. The identity crisis: Improper labeling - Improper labeling is a common Universal Waste mistake that can lead to serious compliance issues. Containers marked vaguely such as “Recycling” or simply “Hazardous Waste” fail to meet regulatory requirements and create confusion for inspectors and emergency responders who need instant clarity. The term “Hazardous Waste” applies only to RCRA hazardous waste, not UW, and mixing these labels signals that your team has not properly identified the waste stream. Be specific and clear. Every UW container must include the words “Universal Waste” followed by the exact type of material, such as:
   • “Universal Waste – Spent Lamps”
   • “Universal Waste – Used Batteries”
   • “Universal Waste – Mercury-Containing Equipment”
5. The knowledge gap: Training deficiencies - Training deficiencies are one of the most overlooked Universal Waste compliance gaps. Employees responsible for handling or managing UW must receive documented, recurring training on identification, accumulation limits, and handling protocols. Even the best-written program will fail if the staff placing items into containers do not understand the rules — especially dating and labeling requirements. Without proper training, an audit failure is almost guaranteed. The fix is straightforward — provide documented, annual training. Make sure every relevant staff member understands your facility’s specific UW streams key compliance practices. Maintain clear records of who was trained, when, and on what topics This paper trail is your strongest defense during an inspection.

Keys to remember: Universal waste compliance hinges on keeping containers closed, labeled, dated, and ensuring employees managing these materials are trained and documenting their actions. When your program is consistent, simple, and intentional, you eliminate preventable violations and turn UW management into a predictable, low-risk process.

Who’s affected?

The first thing to confirm is whether your facility is subject to the Acid Rain Program (40 CFR 72.6). The program regulates fossil fuel-fired power plants. It applies to:

• EGUs that serve generators with an output capacity of more than 25 megawatts, and
• All new EGUs.

Note that the NO_x program applies to a specific subset of coal-fired boilers.

SO2 reduction program

EPA operates the SO₂ reduction program through an allowance trading system (Part 73). The agency sets a cap on the total SO₂ emissions for the year and then allocates SO₂ allowances to regulated units. One allowance represents 1 ton of SO₂ emissions.

For each compliance year, a facility must show that it has enough allowances to cover its emissions of SO₂. It’s similar to EPA’s hydrofluorocarbon allowance program.

There are multiple compliance options. Facilities may:

• Sell extra allowances if they have more allowances than needed,
• Save extra allowances if they have more allowances than needed (and use them in the future), or
• Buy extra allowances if they can’t keep emissions below their allocated level.

Facilities can purchase allowances from or sell allowances to individuals, companies, groups, or brokers. Additionally, facilities may bid on allowances at EPA’s annual Acid Rain Program SO₂ Allowance Auction.

NOx reduction program

EPA sets annual emission limits for the NO_x reduction program (Part 76), which applies to these types of boilers:

• Dry bottom wall-fired boilers,
• Tangentially fired boilers,
• Cell burner boilers,
• Cyclone boilers,
• Vertically fired boilers, and
• Wet bottom boilers.

Like the SO₂ program, the NO_x program offers multiple compliance options. Facilities can:

• Meet the standard annual emission limitations,
• Average the emissions rates of two or more boilers, or
• Apply for an alternative emission limit (AEL) if they can’t meet the standard emission limit.

Additional requirements apply to facilities that use options other than complying with the limits:

• Facilities that want to average emissions rates must submit an averaging plan that’s approved by the permitting authorities (76.11).
• Facilities that apply for an AEL are required to use the NO_x emission control technology used as the basis for the emission limit and must demonstrate that the unit can’t comply using the technology (76.10).

It pays (or, at least, costs less) to comply!

Excess emissions penalties can add up quickly. That’s why it’s vital to ensure your facility understands how to comply with the SO₂ and NO_x reduction programs properly.

The adjustment rates that EPA set for compliance years 2025 and 2026 (2.5265 and 2.6001, respectively) are used to calculate the total penalties a facility must pay if it exceeds SO₂ or NO_x limits during these compliance years.

Here are the formulas:

• Penalty for excess SO₂ emissions = $2,000/ton x annual adjustment factor x tons of excess SO₂ emissions
• Penalty for excess NO_x emissions = $2,000/ton x annual adjustment factor x tons of excess NO_x emissions

Let’s run through a couple of examples of what noncompliance could cost.

As shown in the example above, excess emissions can cost facilities a lot in penalties. Just 1 ton of excess emissions will result in more than $5,000! Knowing your compliance options for the Acid Rain Program’s SO₂ and NO_x reduction programs can help your facility avoid steep fines.

Key to remember: The Acid Rain Program limits SO₂ and NO_x emissions from fossil fuel-fired power plants, but the compliance options for each type of emission differ. Understanding the distinct options can help facilities avoid penalties for excess emissions.

What do your drivers need?

The equipment requirements can vary slightly based on the type of vehicle, what it is hauling, and where it is operating. As a result, it can be confusing to find and understand minimum requirements. As a best practice, making sure the following emergency equipment is in your vehicles is a great start:

• Three bi-directional emergency reflective triangles;,
• Six flares capable of burning for 30 minutes or three liquid-burning flares that contain enough fuel to burn continuously for at least 60 minutes,
• A fire extinguisher,
• A first aid kit,
• A spare tire and jack,
• A flashlight and batteries, and
• Jumper cables.

Carriers that haul certain types of dangerous goods in Canada must also carry fire extinguishers in accordance with the Transportation of Dangerous Goods Regulations, so be sure to check these regulations for specific details.

It is highly recommended that you check with the jurisdiction where you operate your commercial motor vehicle for the specific requirements and regulations that apply to you.

When to take the necessary action

Whenever any commercial motor vehicle or trailer is disabled, stalled, broken down, or in a collision, the driver should quickly and calmly take the necessary actions to safeguard the vehicle and other motorists.

Having the vehicle equipped with the above-listed items will ensure that the driver can respond to the emergency efficiently and effectively. This is especially important on busy or high-speed roads. Ensure you also teach your drivers how to use the equipment. For example, if the truck breaks down – ensure they know where to put the emergency triangles, they know how to use the fire extinguisher properly and they have instructions on how to use jumper cables correctly.

It is recommended to use emergency warning devices for all emergencies, whether they occur during the day or night, or on-road or off the road, to ensure everyone’s safety.

What about south of the border?

Those of you that operate in the United States must meet U.S. regulations for emergency equipment in your vehicles. The minimum requirements can be found in section 393.95 of the Federal Motor Carrier Safety Regulations, which requires:

• A fire extinguisher (there are different types for whether the vehicle is carrying dangerous goods or not),
• Spare fuses, and
• Warning devices to use when stopped on a highway.

Other considerations

Ensure your commercial vehicles carry additional emergency equipment to protect the driver, other workers, and any passengers. For example, extra food and water should be carried along with weather-appropriate clothing to protect the driver in the event the vehicle breaks down and the driver is stranded until help can arrive. And, as always, make sure drivers have tire chains easily accessible. If they get hit by a sudden snowstorm, then they will be prepared. In fact, carrying tire chains is a requirement in some jurisdictions.

Dealing with on-road emergencies is no fun for drivers. Don’t make it more difficult for them in an already stressful situation. Be sure to properly equip your trucks with emergency-related safety equipment and ensure drivers know how to use the equipment.

If you don’t have the proper emergency equipment in your truck, it can result in a fine or penalty. Commercial motor vehicles and their drivers must meet strict safety standards and follow all commercial vehicle-related regulations. Police and transportation enforcement officers regularly inspect vehicles, and the penalties for not having the proper safety equipment can be severe.

Key to remember: Before your drivers get in your trucks and hit the road, make sure you’ve equipped them with all the essential emergency safety gear. Safety is the first priority, especially on the road.

What is cabotage?

Simply stated, cabotage refers to point-to-point transportation of goods or passengers within one country. In the U.S., cabotage rules prevent foreign nationals in the U.S. on B-1 business-visitor visas from competing with U.S. truckers moving loads or passengers from point to point in the U.S.

Practically speaking, this means that foreign national truck drivers on B-1 visas may be admitted to the U.S. to deliver or pick up cargo traveling in the stream of international commerce, i.e., cargo that is entering or leaving the U.S.

However, those drivers cannot haul cargo between two U.S. locations.

Know the limits

Let’s look at how the requirements shape every international shipment, and the critical compliance points carriers employing these drivers must keep in mind.

Cargo must remain in international commerce stream (entering or leaving the U.S.). Goods that “come to rest” assume a domestic character (even if they originated from a foreign source) if the continual delivery is stopped for any reason that is not considered a “necessary incident” of international commerce, such as loading and unloading international cargo. Some examples of “coming to rest” include:

• Parking goods at a drop lot, holding lot, or warehouse to be picked up later and delivered (overnight or the weekend), unless the goods are parked awaiting clearance by a government agency (CBP, USDA, FDA).
• Switching tractors in the U.S., unless the tractors belong to the same company and the replacement tractor makes entry from a foreign country for replacement purposes (i.e. medical emergency, tractor breaking down).

Drivers admitted under B-1 visas can only pick up and/or deliver international shipments. Additionally, the drivers must:

• Maintain foreign residence.
• Intend to leave U.S. after authorized stay.
• Have financial means and meet admissibility requirements.

Caution: Customs AND Immigration rules apply

It’s important to note that U.S. Customs and Immigration regulations must be followed, as there can be subtle differences:

• Customs rules focus on equipment and cargo.
• Immigration rules focus on the driver and work authorization.

To demonstrate compliance:

• Maintain records proving the shipment is international.
• Verify the driver’s visa status and compliance before dispatch.

Prohibited activities

Even with the correct paperwork, certain activities remain strictly off-limits under cabotage rules. The following examples describe movements that are not permitted for the foreign driver:

• Picking up and delivering shipments between two U.S. points.
• Repositioning empty trailers within U.S. (unless specific exceptions apply).
• “Topping up” international shipments with U.S. domestic freight.
• Soliciting domestic deliveries while in the U.S.

Consequences

Failing to follow these rules isn’t just a technicality. It can have serious consequences for carriers and drivers alike. Violations can lead to:

• Suspension or removal from the Customs Trade Partnership Against Terrorism (CTPAT) program.
• Revocation of Free and Secure Trade (FAST) ID cards for drivers.

Strict adherence to cabotage rules is essential for international drivers operating in the U.S. Non-compliance with these regulations — including requirements under both Customs and Immigration law — can result in severe penalties, including suspension from trusted programs and loss of credentials.

Key to remember: By consistently verifying visa status, maintaining accurate records, and ensuring all shipments remain in the stream of international commerce, drivers and carriers protect themselves and their business from costly enforcement actions.

To-do before October 1

Get ready for renewal by taking the following steps now:

• File all your highway use tax returns that are due.
• Pay your taxes. The state will not issue a new certificate of registration if you owe back taxes. Before you apply to renew, make sure that you’ve paid all taxes due under any of the programs administered by the New York State Tax Department, including:
  • HUT,
  • personal income tax,
  • International Fuel Tax Agreement (IFTA),
  • sales tax, and
  • withholding tax.
• Create an online account if you do not already have one and you want to renew your credentials and pay online (https://www.oscar.ny.gov/).
• Make sure your vehicle registration information is correct and accurate. Review and update your information as soon as possible. Incorrect information will delay the processing of your certificates and decals.

Beginning October 1

Once the renewal period opens, renew your credentials and pay your renewal fees online with One Stop Credentialing and Registration (OSCAR).

Submit your renewal application by November 30, 2024, to make sure you receive your decals in time to place them on your vehicles before January 1, 2025.

If you are already enrolled in OSCAR, use your current OSCAR password to renew online.

If you are not enrolled, visit OSCAR, and select Enroll Now. You must have a United States Department of Transportation (USDOT) number and an employer identification number (EIN).

To renew your registration:

1. Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
2. Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
3. If you have 300 or fewer vehicles, choose either:
   1. Renew all HUT/AFC Certificates of Registration to renew all your active current series permits, or
   2. Select HUT/AFC Certificates of Registration to renew specific permits.
4. If you have more than 300 vehicles, choose either:
   1. Renew all to renew all your active current series permits, or
   2. File renewal to renew select permits.

If you are unable to renew electronically, you may file Form TMT-1.2, Renewal Application for Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) Certificates of Registrations and Decals – 25th Series.

Key to remember: Take steps now to renew your NY HUT and ensure you receive your new decals before the current ones expire.

1. CDL medical certification integration

The FMCSA’s National Registry Integration Phase 2 (NRII) went live June 23, 2025, aiming to simplify medical certification updates and reduce fraud. Under NRII, CDL drivers no longer self-certify medical cards after exams, and carriers no longer verify examiners on the registry. However, eight states remain non-compliant, requiring old processes. The non-compliant states are:

• Alaska
• California
• Kentucky
• Louisiana
• New Hampshire
• New Jersey
• New York
• Oklahoma

Key watchouts:

• If a driver fails an exam, the motor vehicle record (MVR) immediately shows “Not Certified,” even if time remains on the old card.
• Non-NRII states don't auto-update MVRs, so drivers must self-certify each medical card and carriers must obtain MVR proof after every exam.
• Drivers may leave clinics without a card, creating risk if they fail and don’t report it.

Tip: Require drivers to report after every exam and provide a copy of their medical card — even if the licensing state is not NRII-compliant.

Common questions:

If a driver’s certification is expired on the MVR, can they operate?

Yes, if within FMCSA’s waiver period and carrying a valid medical card;

No, if outside the waiver or lacking required paperwork.

Will medical information transfer if a driver changes states?

Yes, provided the old state posted the certification before transfer.

How are medical exemptions handled?

Certification won’t transmit from the National Registry until the FMCSA issues the variance; drivers must carry the variance while operating.

2. ELP enforcement

FMCSA has long required drivers to read and speak English under §391.11(b)(2), but enforcement changed in June 2025. Following an executive order, Commercial Vehicle Safety Association (CVSA) made ELP violations an OOS condition. Drivers failing a two-step roadside assessment—interview and sign recognition—are immediately sidelined.

Impact: ELP violations now rank #18 among driver violations, with over 9,000 OOS orders in six months.

Key watchout:

• Apply the same assessment process to all applicants to avoid discrimination and maintain compliance.

Common questions:

If a driver is placed OOS for ELP, when can they return?

Only after demonstrating English proficiency. Carriers should document compliance, ideally via a mock roadside inspection.

Can another driver rescue the truck?

Yes, if the vehicle isn’t OOS and the rescue driver meets all requirements. The original driver may ride as a passenger but cannot drive.

How can carriers ensure new hires meet ELP standards?

Conduct interviews in English, avoid translation applications, and include a mock roadside inspection during the road test.

3. Non-domiciled CDL rule changes

FMCSA’s interim final rule (IFR), effective September 29, 2025, introduced stricter requirements for states and non-domiciled CDL holders. Although enforcement is paused due to a court injunction, carriers should prepare for compliance.

Key watchouts:

• Non-citizens (except lawful permanent residents) must present an unexpired foreign passport and employment-based visa (H2-A, H2-B, or E-2).
• The CDL term is limited to one year or visa expiration, whichever comes first.
• Renewals must occur in person; State driver licensing authorities (SDLAs) must verify immigration status.

Common Questions:

What documents are required?

An unexpired passport and Form I-94/94A with an eligible visa.

What should carriers do during the pause?

Monitor expiration dates, prevent drivers from operating with expired CDLs, and help them obtain required documents.

Keys to remember: Proof of medical certification delays, language proficiency enforcement, and immigration-related CDL rules can quickly sideline drivers, impacting Compliance, Safety, Accountability (CSA) scores and profitability. Carriers should adopt proactive practices to keep drivers safe and qualified.

Prohibiting methadone raises issues

Methadone is an opioid and can be abused, but it can also be used as a treatment for opioid addiction. A drug policy that fails to take those differences into account, and always treats methadone use the same way, opens the door to a disability discrimination claim.

The issue with the company’s policy was brought to light when a job applicant applied for a laborer position and the hiring manager asked him about medications he was taking. The applicant said he was taking methadone, and the hiring manager said the company would not hire him due to its policy prohibiting employment of people who took the drug.

The applicant then checked with the company’s head of HR who confirmed that this was the company’s policy.

No methadone = disability discrimination

The EEOC charged the company with violating federal law because a policy of barring applicants who used methadone violates the Americans with Disabilities Act (ADA).

Employers covered by the ADA cannot impose unlawful barriers to a job for people with disabilities, the agency noted, and this includes workers with records of opioid addiction who are taking methadone or other medication as part of their recovery.

In addition, the timing of the employer’s question about methadone use was problematic. The applicant was at the stage of applying for a job and had not yet been offered a position.

Before a job offer is made, the ADA does not allow employers to ask job applicants for information that may reveal the existence, nature, or severity of a disability. This includes questions about medication.

Even after a job offer is extended, a question like this must be carefully considered. Employers cannot have a job qualification standard that tends to screen out workers with disabilities (such as requiring applicants not to use methadone) unless it is job-related for the position and is also consistent with business necessity.

Treating methadone use the right way

When applicants ask about a job, questions about medications such as methadone should not be part of the conversation. The ADA prohibits employers from asking about prescription medications until after an offer of employment is made. While it’s fine to ask about medications or give a drug test after offering an applicant a job, it’s also risky at that stage to have a policy of turning an applicant away because of methadone use or a positive drug test for methadone.

Instead, the employer should give the applicant an opportunity to provide information about lawful medication use. An employer never needs to accommodate the illegal use of drugs, but an employee taking a lawfully prescribed medication should not be automatically disqualified from a job.

If there are concerns that the employee’s legal opioid use or treatment for opioid addiction would interfere with safe and effective job performance, an employer should consider whether there is a reasonable accommodation that resolves the concerns. The employee can check with their healthcare provider for risks the medication poses in light of job duties, and the employee and employer can discuss possible accommodations.

Moving too quickly to dismiss an employee using prescription medication, and skipping this step, risks a discrimination claim.

Key to remember: An employee legally using prescribed medication, including methadone, has ADA protections. Employers should not automatically disqualify an applicant because of methadone use.

6 steps

The interactive process has 6 general steps, but these steps can be more or less formal, depending on the situation.

1. Recognize an accommodation request: Employees don’t have to use any special words or complete any particular forms when asking for an accommodation. They simply need to ask for a workplace change because of a medical condition, either mental or physical.
2. Gather information: If the condition isn’t obvious and/or employers don’t already have enough information, employers may ask for reasonable documentation of the employee’s limitation and need for the change.
3. Explore accommodation options: Look at the employee’s limitations in relation to the job’s essential functions, identify any barriers between them, and find a solution that breaks down or eliminates the barriers. The employee might have ideas, and employers should consider them. This is the crux of the process.
4. Choose an accommodation: Employers may choose from effective options. They don’t necessarily need to give employees the requested accommodation. Leave, even beyond the 12 weeks of FMLA leave, can be a reasonable accommodation.
5. Implement the chosen accommodation: Put the accommodation in place. This may require getting new equipment and training on it, modifying employees’ work schedules, adjusting relevant policies, informing the appropriate personnel, coordinating services, reassigning the employee as needed, and offering support as required.
6. Monitor the accommodation: Watch for changes in performance or needs, check in regularly with open communication, and return to the interactive process if needed to explore alternative accommodation solutions and help ensure accommodations remain effective and appropriate over time.

Employers should not delay this process. Whether it takes 15 minutes or 5 days, employers should document it to help maintain consistency, demonstrate good-faith efforts, and ensure continuity when roles, needs, or personnel change. It also helps protect both the employer and employee by creating a transparent, verifiable record of the accommodation process.

Key to remember: To comply with the ADA, employers should follow 6 basic steps when employees ask for a workplace change because of a medical condition.

Some laws require Spanish postings

There is no overall national or state law that says employers always need to have Spanish posters. Each posting is required under a different law, and some mention posting in Spanish or a language other than English.

Most of these laws come with stipulations. For example, the federal FMLA poster, which must be posted by employers with 50 or more employees, must be displayed in a language other than English if a “significant” portion of workers are not literate in English. The federal government does not define “significant,” so that determination is up to the employer.

Some state laws also mention posting in Spanish. For example, the New Mexico Notice on Human Trafficking must be posted in English and Spanish. In Massachusetts, the Paid Family and Medical Leave poster must be posted in Spanish if an employer has five or more employees whose primary language is Spanish.

In addition, when a city or county has its own minimum wage law, the minimum wage poster must usually be posted in Spanish or other languages commonly spoken in the community.

Always a good idea when Spanish is the primary language

Even when a Spanish poster isn’t specifically required in a law, posting in Spanish is always a good idea if you have workers who primarily communicate in Spanish.

Employers have a responsibility to inform employees of their rights under employment laws. When a Spanish poster is the best way to do this, it makes sense to display it.

Key to remember: Some postings must be displayed in Spanish under certain circumstances. Posting in Spanish is always a good idea when employees usually communicate in that language.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

Slips, trips, and falls

Slips and trips can lead to falls, but the reason for either occurrence differs. Slips happen when there is a lack of friction between your feet and the surface you’re walking on, while trips occur when your foot hits an object and throws you off balance. Falls occur whenever you move too far off your center of balance. Falls from an elevated position present the greatest chance for injury or death, but same-level falls can also lead to serious injuries.

Slip hazards include:

• Water, ice, snow, grease, or any wet product on smooth floors;
• Dust, powders, or other dry products on smooth walking surfaces;
• Freshly waxed or highly polished surfaces;
• Muddy terrain; and
• Soles that are wet, muddy, or greasy.

Trip hazards include:

• Uncovered hoses, cables, wires, or cords across walking surfaces;
• Obstacles or clutter on walking surfaces;
• Unmarked steps or ramps;
• Rumpled carpets of mats; and
• Speed bumps and curb drops.

Additionally, other factors can contribute to slips, trips, and falls, including walking while distracted, fatigue, poor vision, and poor lighting. Ensure you perform a thorough hazard assessment. Don’t overlook the less-than-obvious hazards such as wet work surfaces or morning dew that workers may need to address before going to work.

OSHA’s Walking-working surfaces regulations

General industry requirements can be found under 1910 Subpart D, Walking-working surfaces. The regulations cover all walking and work surfaces, including floors, aisles, stairs, and ladders to name a few. Under OSHA’s Walking-working surfaces regulations, employers must ensure:

• All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, dry, orderly, and sanitary condition;
• Walking-working surfaces are kept free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice;
• Each walking-working surface can support the maximum intended load;
• Employees use the appropriate means of access and egress to and from walking-working surfaces;
• Walking-working surfaces are inspected regularly and maintained in a safe condition;
• Hazardous conditions are corrected or repaired before employees use the walking-working surfaces again; and
• A qualified person performs or supervises the correction or repair of any hazardous condition involving the structural integrity of the walking-working surface.

Slip, trip, and fall prevention measures

To mitigate slip, trip, and fall hazards, employers should provide:

• Handrails;
• Slip-resistant surfaces;
• Adequate lighting;
• Markings to indicate the edges of steps or elevation changes; and
• Training to workers that enables them to recognize slip, trip, and fall hazards.

Workers can also help prevent slip, trip, and fall accidents by:

• Wearing proper footwear;
• Applying safe work practices;
• Practicing good housekeeping (keeping walkways free of clutter); and
• Making note of slip or trip hazards.

When was the last time you checked your workers’ footwear? You may be surprised by what you find. Worn soles increase the risk of slipping over walking-working surfaces.

Key to remember

Employers should use guidance from OSHA’s Walking-working surfaces regulations to ensure workers’ protection from slip, trip, and fall hazards.

Employer responsibilities and worker exposure

OSHA emphasizes that, even without a specific “cold stress” standard, employers are obligated under the General Duty Clause (Section 5(a)(1)) to provide a workplace free from recognized hazards and must comply with PPE requirements in 29 CFR 1910.132. Workers commonly exposed to cold stress include:

• Food processing and warehouse personnel working in refrigerated or freezer environments;
• Dock and warehouse staff loading freight in unheated bays;
• Construction crews installing roofing, framing, or scaffolding;
• Utility workers repairing lines and equipment outdoors;
• Snow-removal teams operating plows and shoveling; and
• Emergency responders operating in severe, unpredictable conditions.

This list is not all inclusive; however, these jobs often involve long exposure to low temperatures, wind, wetness and physical exertion that test fine-motor tasks as dexterity drops in the cold.

Applying the hierarchy of controls to prevent cold stress

When the temperature drops, quick action matters. The hierarchy of controls gives employers a step-by-step plan to reduce cold stress risks before they turn into emergencies. Below are practical steps and examples for each level of the hierarchy from most protective to least:

Elimination/substitution - Remove or replace the hazard entirely.

• Reschedule non-essential outdoor work for milder days.
• Move tasks indoors when feasible (e.g., plan maintenance for warmer seasons).

Engineering controls - Modify the work environment to reduce exposure.

• Provide heated shelters or warming stations near work areas.
• Install windbreaks or temporary enclosures to reduce wind chill.
• Use enclosed or semi-enclosed equipment to minimize manual exposure during tasks like de-icing.

Administrative controls - Change how work is performed to limit risk.

• Implement work/rest cycles and enforce warming breaks.
• Train workers to recognize symptoms (shivering, confusion, numbness) and monitor each other.
• Rotate staff, limit time outdoors on extreme days, schedule fine motor tasks for the warmest part of the day, and
• Monitor forecasts/NOAA alerts for wind chill thresholds.

PPE - Provide gear when other controls can’t fully eliminate risk.

• Supply PPE at no cost per 29 CFR 1910.132;
• Layer clothing: moisture-wicking base, insulating mid-layer, windproof/waterproof outer shell;
• Choose insulated, dexterous gloves that preserve grip and function;
• Protect the head, face, and neck with balaclavas or thermal liners;
• Equip workers with waterproof, insulated boots and moisture-wicking socks;
• Use high-visibility outerwear per ANSI/ISEA 107 for low-light winter conditions; and
• Ensure PPE fits, stays dry, and is replaced when wet or worn; damp gear accelerates heat loss and increases cold stress risk.

Wind chill and why it matters

Wind chill is the temperature your body “feels” when wind speed and air temperature are combined. Wind strips away the thin layer of warm air next to the skin, accelerating convective heat loss. As wind speed rises, exposed skin cools faster, dramatically increasing frostbite and hypothermia risk.

OSHA and the National Oceanic and Atmospheric Organization (NOAA) use Wind Chill Advisories and Warnings to signal when conditions are hazardous or life-threatening. As an example, at 20 °F with a 20-mph wind, the wind chill is ~4 °F, meaning cold stress sets in much faster than the air temperature alone would suggest.

Key to remember: By integrating wind chill awareness with the hierarchy of controls, supervisors can drastically reduce cold-related injuries by keeping crews safe and productive throughout the winter season.

Propping open fire doors is a common violation

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

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

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

What happened?

An operator was overseeing a batch operation in a vessel (called a kettle) at a resin plant. While he left the room briefly, the kettle agitator unexpectedly shut down. He returned shortly but did not realize the agitator was off. Soon, the employee pushed a button to begin cooling the kettle contents. Normally, the agitator would be running, but it remained stopped.

A half hour later, the operator began adding a flammable solvent into the kettle to further cool the contents. Once the solvent was added, he waited. Meanwhile, the solvent and the hot resin did not mix, leaving the resin settled at the bottom and the solvent floating on top. After another half hour, the operator noticed that the contents were much hotter than expected. He investigated and noticed the agitator was not spinning. Immediately, he turned the agitator on.

With the agitator on, the solvent began to vaporize, increasing the pressure inside the kettle in seconds. When the pressure reached 9 pounds per square inch gauge (psig), a mixture of hot resin and flammable solvent vapor began spewing out through the seal of the manway at the top of the kettle.

The operator had trouble seeing and breathing. Closing his eyes, he tried to find the emergency-stop button but failed. He then evacuated the kettle room 20 seconds later and escaped the plant only 30 seconds before the vapor reached an ignition source and triggered an explosion. The explosion ignited flammable materials, causing a large fire.

Some employees evacuated by running through flames. Eight were transported to area hospitals with injuries like burns and fractures. One required a leg amputation. Firefighters found one employee fatally injured by thermal injuries and inhalation of products of combustion.

Safety issues

CSB’s investigation report identified numerous safety issues:

• Lack of mechanical integrity of the new manway installed on the kettle three months before the incident. The kettle was known to potentially build pressure up to 15 psig, but the plant only leak checked it up to 4 psig. In other words, it did not adequately pressure test equipment after alterations.
• No interlocks installed or configured to prevent the addition of solvent when the agitator was off.
• Not equipping computer panel indicators with alarms to communicate the agitator status.
• Poor emergency preparedness. Some gas monitors detected the release and sent an email to an offsite employee but did not sound an audible alarm to notify onsite employees of the need to evacuate. Employees were also not trained to recognize and respond to the presence of a flammable vapor cloud and its associated hazards. (An employee approached the release to investigate instead of evacuating.)
• Lack of flame-resistant personal protective equipment (PPE). Some resin plant operators were allowed to wear cotton short-sleeved shirts while working in proximity to flammable materials. (Proper PPE may have reduced or prevented the burn injuries, CSB argues.)

Cause

CSB determined the cause of the fatal explosion and fire was the release of flammable solvent through the seal of the closed manway that was not properly designed, constructed, or pressure tested to a design pressure appropriate for the process. The absence of engineering controls, but also inadequate emergency preparedness and a lack of flame-resistant uniforms, were contributing factors.

Lessons for the chemical industry

A lot of facilities deal with flammable and other hazardous chemicals. CSB urges facilities to consider these key lessons:

• Ensure equipment can safely operate within the safe operating limits.
• After equipment alterations, assure quality for normal as well as abnormal conditions.
• Consider both mechanical and chemical risks when designing equipment.
• Use the hierarchy of controls and prevention-through-design principles.
• Install lower explosive limit (LEL) detectors that trigger automatic shutdowns of process equipment with audible and visible alarms, if the facility handles flammable materials.
• Train employees in what actions to take when alarms are activated.
• Know the hazard characteristics (e.g., dense vapor cloud formation) of the chemicals present.
• Train employees in how to identify and react to hazardous situations.
• Provide employees with PPE that is protective against the hazards they may encounter in an emergency.

Key to remember

CSB issued a video highlighting the key safety issues of a real-life incident. The video urges the chemical industry to learn from it.

Major takeaways

Of all the industries, violations of 29 CFR 1926.501(b)(13) were hit most in fiscal year 2025, with 5,276 citations. That provision requires fall protection for residential construction. OSHA cited construction 14,322 times for the 10 most frequently cited serious violations for that industry. This is up 1 percent from FY 2024. It appears OSHA inspectors are keenly focused on construction enforcement.

In contrast, the agency cited general industry “just” 5,537 times in its top 10 for FY 2025. This was a decrease of 6.6 percent from the previous year. Shipyards, marine terminals, and longshoring received 31, 13, and 9 citations, respectively, in each of their top 5 lists for FY 2025. This reflected a 29 percent increase for shipyards, 50 percent free fall for marine terminals, and 44 percent slide for longshoring.

When comparing the data between FY 2025 and 2024, the top serious violation paragraphs stayed relatively unchanged for general industry and construction. Nine entries each reappeared in the general industry and construction dominant 10 lists. Maritime did not maintain their number ones year over year, however.

The subparagraph for lockout/tagout periodic inspections made its debut on the 10 most cited for general industry in FY 2025. The subparagraph for scaffolding fall protection above 10 feet was the new ranking on the construction top 10 list. The subparagraphs for types of machine guarding methods and residential fall protection remained the number one serious violations for general industry and construction, respectively.

Industry highlights

For general industry, the serious regulatory paragraphs with the highest number of citations included:

For maritime, you won’t find large numbers of violations, so the number one violation in each of the three maritime industries included the following:

For construction, OSHA tallies the following top 10 serious paragraphs as follows:

Key to remember

OSHA posted its Most Frequently Cited Serious Violations slide presentations for FY 2025. Knowing where your peers went wrong may help you prioritize your compliance efforts.

Total hours worked

Determining the total hours worked probably involves your Human Resources or payroll department. They key is to count only hours worked, not hours paid. Do not include vacation, sick leave, holidays, or other non-working time even if employees were paid for that time. If some employees are not paid the by the hour (such as salaried or commission employees) you can estimate their total hours.

The total hours are used to calculate the Total Recordable Incident Rate (TRIR), or incident rate, which is expressed as a ratio of injuries per 100 workers. For instance, a rate of 2.3 means that for every 100 employees, 2.3 employees had recordable injuries.

However, the incident rate is actually a ratio of injuries per 200,000 hours worked (representing 100 employees working 40 hours per week for 50 weeks). This allows OSHA to compare locations regardless of part-time staff, since the rate depends on hours worked, not on the number of people. This is also why employers don’t count vacation or holiday hours; employees cannot get work-related injuries during those hours.

Key to remember: Correctly calculating your workforce size and total hours worked ensures an accurate 300A summary and incident rate.