Canada’s ELD enforcement patchwork creates carrier confusion

What is used oil?

The EPA defines used oil as any petroleum-based or synthetic oil that has been used and is contaminated by physical or chemical impurities. Common sources of used oil in industrial operations include:

• Motor oil and lubricants from vehicle maintenance
• Hydraulic fluids used in heavy machinery
• Metalworking fluids and coolants
• Compressor oils used in air compression systems

According to EPA regulations (40 CFR Part 279), used oil is presumed to be managed under the less stringent used oil management standards unless it meets hazardous waste criteria.

Used oil becomes hazardous waste if:

• It is mixed with hazardous waste (e.g., solvents or heavy metals)
• It contains more than 1,000 parts per million (ppm) of total halogens, unless proven otherwise, or
• It is disposed of improperly, leading to environmental contamination.

If used oil is classified as hazardous waste, it must be managed in accordance with the applicable solid and hazardous waste requirements.

EPA requirements for used oil disposal

The EPA requirements for used oil consist of three different aspects, as outlined below.

1. Storage Requirements

Use leak-proof tanks and containers made of durable, non-earthen materials (e.g., steel, plastic, or concrete). Label all used oil containers with the words "Used Oil" to prevent misidentification. Prevent leaks and spills by using secondary containment systems and regularly inspecting tanks. Never mix used oil with hazardous waste unless authorized.

2. Transportation and Disposal

Used oil generators may transport up to 55 gallons of used oil to a registered collection center without an EPA ID number. If contracting a used oil transporter, ensure they have an EPA Identification Number.

Used oil must be:

• Recycled or re-refined into new oil.
• Burned for energy recovery in approved furnaces or boilers.
• Disposed of at an authorized hazardous waste facility if deemed hazardous.

3. Spill Prevention and Cleanup

Facilities storing large amounts of used oil must have a Spill Prevention, Control, and Countermeasure (SPCC) Plan. SPCC plans establish procedures, methods, and equipment requirements to prevent oil from reaching waterways, and to contain discharges of oil.

Any spills must be cleaned up immediately, and absorbent materials must be disposed of properly. Rags and shop towels contaminated with hazardous materials may be classified as hazardous waste.

OSHA regulations for handling used oil

While the EPA focuses on environmental compliance, OSHA (29 CFR Part 1910) regulates worker safety when handling used oil. Key OSHA requirements include:

1. Personal Protective Equipment (PPE)

Workers handling used oil must wear gloves and protective clothing to prevent skin exposure. Safety goggles or face shields are also important to avoid eye contact.

2. Hazard communication (HazCom) program

Employers must label all used oil containers with appropriate hazard information and train employees on safe handling procedures and emergency response.

3. Fire and Explosion Safety

Always store used oil away from ignition sources to prevent fire hazards. Ensure storage areas are ventilated to avoid vapor buildup.

State-Specific used oil disposal regulations

Many states have stricter used oil regulations than federal laws. For example:

• California classifies used oil as hazardous waste unless it meets specific recycling criteria.
• Texas requires additional storage permits for large generators.
• New York mandates annual reporting on used oil disposal activities.

To ensure compliance, check with your state’s environmental agency for state-specific used oil disposal rules and whether used oil is considered hazardous. Additional permits for transporting or processing used oil may be necessary.

Staying compliant with used oil disposal requirements

Ensuring compliance with EPA, OSHA, and state laws is essential for safety managers and shop supervisors handling used oil. By following proper storage, transportation, and disposal practices, businesses can reduce environmental risks, improve workplace safety, and avoid costly fines.

Key to remember: By staying informed and proactive, your facility can maintain safe, sustainable, and compliant used oil management practices.

Proposed legislation

Bipartisan legislation has recently been introduced in the House that would require businesses to provide restroom access to truckers who are loading or delivering cargo at their warehouses, manufacturers, distribution centers, retailers, and ports.

Supported by leading organizations in the trucking industry, the Trucker Bathroom Access Act (H.R. 9592) was introduced on Dec. 15, 2022. The bill requires retailers, warehouses, and other establishments with existing restrooms to provide access to drivers who are loading or delivering cargo. Additionally, operators of ports and marine terminals must provide access for drayage and parking while accessing such restrooms.

This amendment to Title 49 would exempt some employers from the bill including filling and service stations, and restaurants 800-square feet or smaller with restrooms intended for employee use only. The bill doesn’t require employers to construct new restrooms but to give truck drivers the same access as employees or customers.

Your restroom availability affects their health

Commercial truckers and delivery drivers are the lifeline of our supply chain of supplies, products, and consumables. Working tirelessly all hours, during holidays and weekends, and throughout the pandemic, they continue to deliver critical food and emergency supplies to companies everywhere. Employers have the privilege of demonstrating gratitude to truckers and delivery drivers with a positive work environment.

The benefits of allowing truckers and delivery drivers the convenience and safety of readily available, sanitary restroom facilities are plenty. They’re able to rest and reset when necessary, which keeps them and others safer on the roads. Equally important, restroom availability prevents drivers from having to search for available facilities elsewhere, allowing them to keep a timely delivery schedule, limit supply chain delays, and ultimately lower costs for employers and customers.

Keys to remember

The proposed Trucker Bathroom Access Act will require retailers, warehouses, and other establishments with existing restrooms to provide access to truckers and delivery drivers who are loading or delivering cargo. Access to restrooms keeps them refreshed and ready to deliver essential supplies to companies across the country.

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.

Case details

An investigation identified the facility’s clinker cooler and raw mill operations as primary sources of excess PM. Monitoring data revealed the facility consistently exceeded permitted emission limits, suggesting systemic deficiencies in pollution control systems. Further inspection pointed to potential inadequate maintenance and operation of existing baghouse filters, a critical technology for capturing airborne particles. The facility also appeared to struggle with fugitive dust emissions from material handling and storage areas, indicating a need for improved dust suppression measures.

Proactive management

The case clarifies the importance of rigorous, proactive environmental management within heavy industrial operations. To prevent similar violations, facilities should prioritize comprehensive monitoring and reporting. Continuous emission monitoring systems provide real-time data, enabling early detection of deviations from permitted limits. Regular inspections and preventative maintenance of pollution control equipment are essential. This includes ensuring baghouse filters operate within their design parameters and promptly replacing damaged or worn components.

Additionally, robust fugitive dust control plans are vital. They should address all potential sources of fugitive dust, encompassing material handling, storage, and transport. Implementing strategies such as water spraying, enclosure of conveyors, and optimized material stockpiling can significantly reduce emissions.

Beyond technology

Beyond technology, a strong environmental compliance culture is crucial. It involves employee training on environmental regulations, operational procedures, and the importance of adhering to pollution control measures. Regular audits and internal assessments can help identify potential weaknesses and ensure ongoing compliance.

Industrial facilities can minimize their environmental impact and avoid costly enforcement actions by focusing on:

• Proactive monitoring,
• Rigorous maintenance, and
• A strong compliance culture.

What does the standard require?

The OSHA First Aid standard (29 CFR 1910.151) requires trained first aid providers at all workplaces of any size if there is no “infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees.”

In addition to first aid requirements, several OSHA standards also require training in cardiopulmonary resuscitation (CPR) because sudden cardiac arrest from asphyxiation, electrocution, or exertion may occur. These standards include permit-required confined spaces; logging; diving; and electrical power generation, transmission, and distribution.

First aid trained or first responder?

OSHA requires prompt first aid treatment for injured employees, either by providing for the availability of a trained first aid provider at the worksite, or by ensuring that emergency services are within reasonable proximity of the worksite. Whether the first aid provider is a first responder or is first aid trained is up to you and your risk assessment.

Employees considered first aid trained can provide initial treatment to an injured person until more qualified personnel arrive. First aid trained individuals can triage injuries, control the scene to keep others safe, and call for emergency services when needed. Not all first aid trained employees will feel comfortable performing CPR, using an automated external defibrillator (AED), or splinting a broken bone, however.

First responders, though similar in their role, typically have a higher degree of training than first aid trained individuals. Generally speaking, first responders are those that beat the ambulance to the scene such as firefighters or police officers. These responders can perform rescue services or escalate emergency care as needed, such as performing cardiopulmonary resuscitation (CPR) or controlling severe bleeding.

Who is more vital for handling an emergency at your facility? Both! First aid trained employees have process and facility training that first responders may not. For example, they may be more familiar with chemicals on site or process operations. Therefore, they can navigate facilities to reach injured employees quicker to begin initial treatment. First responders, on the other hand, will have a higher level of training for first aid treatment of more complicated injuries.

What’s considered “near proximity”?

OSHA clarifies in a letter of interpretation (LOI) from March 23, 2007, that, “While the first aid standards do not prescribe a number of minutes, OSHA has long interpreted the term ’near proximity’ to mean that emergency care must be available within no more than 3-4 minutes from the workplace. Medical literature establishes that, for serious injuries such as those involving stopped breathing, cardiac arrest, or uncontrolled bleeding, first aid treatment must be provided within the first few minutes to avoid permanent medical impairment or death. Accordingly, in workplaces where serious accidents such as those involving falls, suffocation, electrocution, or amputation are possible, emergency medical services must be available within 3-4 minutes, if there is no employee on the site who is trained to render first aid.”

Regarding work areas, such as offices, where the possibility of such serious work-related injuries is less likely, a longer response time of up to 15 minutes may be reasonable. OSHA gives employers discretion in determining higher risk areas that may need sooner response times.

Employers choosing to rely on assistance from outside emergency responders as an alternative to providing trained responders must ascertain that emergency medical assistance will be promptly available when an injury occurs.

Training requirements

OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as the American Heart Association or the American Red Cross is recommended. Successful completion of any first aid training program should include instructor observation of acquired hands-on skills and written performance assessments.

Keys to remember

OSHA 1910.151 requires employers to ensure prompt first aid treatment for injured employees, either by providing for the availability of a trained first aid provider at the worksite, or by ensuring that emergency services are within reasonable proximity of the worksite. Employers should consider the workplace, hazards, workforce, and location when determining whether to have first aid trained employees or first responders for medical aid.

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
• Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

• The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
• The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
• Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
• A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
• Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
• Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
• Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
• The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
• If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

‘State and local laws’

A violation of 392.2 is a violation of a local or state law, regulation, or ordinance. These must be obeyed due to 392.2, which reads, “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”

The confusion is that there are no paragraphs in 392.2, so there technically should be no letters following that section. However, to inform the driver, carrier, and the Federal Motor Carrier Safety Administration (FMCSA) what particular state or local law or regulation was involved, FMCSA has developed a system of suffix codes. The letters following “392.2” – the “suffix” — show which state or local law or regulation was involved.

When one of these codes is used, the officer should include a description of the specific violation in the “violation details” area on the actual inspection report. FYI: Summary roadside inspection reports (such as the ones visible in CSA’s SMS) do not show these details.

Not all 392.2 violations are used in CSA

Not all of these state and local law or regulation violations are used by the FMCSA for scoring purposes. The Compliance, Safety, Accountability (CSA) Safety Measurement System (SMS) does not use the 392.2 violations that cannot be tied to crash causation. Here are a couple of examples: 392.2UCR Failure to pay UCR fee and 392.2W Size and weight are not used.

Most common 392.2 violations

Below are the top 10392.2violations written during 2021. All of these violations are safety-related, and therefore used in the CSA SMS for scoring. The BASIC within the SMS the violation is scored in is shown following the violation description.

1. 392.2SLLS2 Speeding 6-10 miles per hour over the speed limit (Unsafe Driving)
2. 392.2C Failure to obey traffic control device (Unsafe Driving)
3. 392.2LV Lane Restriction violation (Unsafe Driving)
4. 392.2SLLS3 Speeding 11-14 miles per hour over the speed limit (Unsafe Driving)
5. 392.2WC Wheel (Mud) flaps missing or defective (Vehicle Maintenance)
6. 392.2SLLS4 Speeding 15 or more miles per hour over the speed limit (Unsafe Driving)
7. 392.2ML Failure to maintain lane (Unsafe Driving)
8. 392.2SLLSWZ Speeding work/construction zone (Unsafe Driving)
9. 392.2PK Unlawfully parking and/or leaving vehicle in the roadway (Unsafe Driving)
10. 392.2FC Following too close (Unsafe Driving)

Key to remember

In general, FMCSA does not write traffic codes. They rely on local and state agencies to do that. When state or local traffic codes are violated, it appears on a roadside inspection report as a violation of 392.2, with a suffix indicating which traffic code was involved.

1. Fire extinguisher

Every power unit must have at least one properly maintained fire extinguisher. An extinguisher can be critical for controlling a small fire while emergency services are en route. To comply with DOT regulations, the extinguisher must:

• Have the proper rating. The weight of the extinguisher is not as important as the Underwriters’ Laboratories (UL) rating. If the vehicle is not transporting hazardous materials in an amount requiring placarding, the extinguisher must be rated at 5 B:C or more, or there can be two extinguishers rated at 4 B:C or more. For placarded loads, there must be at least one extinguisher rated at 10 B:C or more.
• Be properly marked. Each extinguisher must be labeled or marked by the manufacturer with its UL rating.
• Have a charge indicator showing “full.” Each extinguisher must have a visual indicator of whether it’s fully charged, and must be full enough to be useful for a fire.
• Be properly mounted. Extinguishers must be securely mounted so they cannot slide, roll, or bounce (vertically).
• Be readily available. The fire extinguisher must be located in a spot that is readily accessible for use. If inside a cabinet, the driver must be able to access it rapidly.

Though not required by the DOT, an annual inspection by qualified personnel is highly recommended. Replace extinguishers once they have reached the manufacturer’s recommended lifespan. In addition, train drivers on when and how to properly use an extinguisher.

2. Reflective triangles or flares

Every CMV must be equipped with devices that can be placed around the vehicle when stopped on the roadway or shoulder, such as due to a crash or disablement, to warn other motorists to steer clear. Ensure that drivers carry at least:

• Three DOT-compliant reflective triangles,
• Six solid-fuel flares (also known as fusees), or
• Three liquid-burning flares.

These devices must be placed within 10 minutes of a stop, and in the locations specified in 49 CFR 392.22.

Make sure drivers know how to inspect and condition these devices, where to place them, and when they need to be replaced.

Are LED lights an option instead? The Federal Motor Carrier Safety Administration (FMCSA) currently allows one specific brand of LED-based flare: “Pi-Lit” flares from Pi Variables. This is based on a temporary exemption currently in place until June 2028, as published in the Federal Register on June 22, 2023. No other LED-based warning devices may be used in place of the required triangles or flares at this time.

3. Spare fuses

Fuses play a critical role in safeguarding a vehicle’s electrical system from overloads or short circuits. To ensure that FMCSA-required electrical equipment remains operational, drivers must carry at least one spare fuse for each type or size of fuse needed for that equipment.

In other words, if any component on a power unit relies on a fuse to operate and that component is required by the FMCSA (such as lights required under 393.11), then the driver must carry at least one spare fuse of the same type. If the fuse blows and the component stops working, then the driver is expected to replace the fuse before driving further.

Don’t add to the statistics

Violations of the emergency-equipment rules in 49 CFR 393.95 rank high on the list of common roadside violations (see below). Failing to carry any of the required items — or allowing CMV operations with them — can carry a hefty fine. More important, however, are the potential consequences of having an en-route emergency without having the required equipment. Those consequences include unnecessary downtime, equipment destruction by fire, or even injuries or fatalities.

Key to remember: All CMVs must be equipped with three key pieces of emergency equipment: fire extinguishers, triangles or flares, and spare fuses. Make sure they are in place and ready for use at all times.

Looking out for distracted drivers

No matter how vigilant or how well trained a commercial driver is, their own behavior isn’t the only thing to worry about. Other drivers on the road may be one of the biggest risks good defensive drivers face. An effective way to counter this risk is to know how to identify a distracted driver.

Distracted drivers may:

• Linger at intersections,
• Make sudden stops,
• Change speed erratically,
• Make sudden moves,
• Tailgate,
• Brake suddenly,
• Drift between lanes, and/or
• Use a cell phone.

Defense against distracted drivers

The best offense is a good defense, right?

The four basic elements of defensive driving that drivers can use against distracted driving are:

1. Good vision,
2. Heightened awareness,
3. Proper speed and space management, and
4. The right attitude.

A defensive driver should keep a constant visual scan, recognize potential hazards, decide on an appropriate response, and carry out the appropriate response. These are all tasks a driver is personally responsible for.

The best way to stay safe is to recognize and react appropriately to distracted drivers. Using the four basic elements of defensive driving will allow drivers to:

1. See the distracted driver,
2. Take note of others’ driving patterns without getting distracted themselves,
3. Slow down and allow enough space between them and the distracted driver, and
4. Focus on their own safety and getting out of the situation.

Second opinions

If employers doubt the validity of an initial certification, they may require the employee to get a second opinion. If, for example, an employee added a medical condition that the doctor didn’t list or altered the certification details provided by the doctor, that could warrant a second opinion.

Employers should document the reasons they’re questioning an initial certification before asking for a second opinion, which employers must pay for.

Second opinion requests are restricted to situations involving an employee’s or a family member’s serious health condition. Employers may not ask for second opinions when employees take leave for:

• Qualifying military exigencies
• Military caregiver

Employers also may not ask for second or third opinions on a fitness-for-duty certification. Employers use these to ensure employees are physically and mentally able to return to their job tasks.

When employees request leave for the first time in a new 12-month leave year period, employers may request a new initial certification, which resets the option of asking for a second opinion.

Recertifications

Employers may request recertifications now and then, but there are limits. Similar to second opinions, employers may not ask for recertifications when employees take leave for:

• Qualifying military exigencies
• Military caregiver

They also may not ask for a recertification on second and third opinions.

Key to remember: Employers may not ask for second opinions or recertifications in all situations.

HR’s concerns

Connie, the company’s HR VP put Larry on leave under the Family and Medical Leave Act (FMLA). Given the two incidents within months of each other, Connie worried that Larry’s seizures could cause a catastrophic event and get someone killed. Connie asked a private physician who served as the company’s medical review officer, to evaluate Larry. Larry’s doctor also completed the paperwork that took him out of work for the short term.

The doctors released Larry to work, but with limited hours. He also couldn’t operate a vehicle or powered equipment for at least five months. Later, the doctors removed the driving restriction but didn’t remove the limited hours.

Connie decided that a bucket foreperson’s ability to work extended hours on short notice was essential to the job. So, she investigated whether the company could transfer Larry to a different role. Larry, however, didn’t qualify for any open positions. The company told Larry that they couldn’t accommodate his condition and that he could retire or be let go. He chose retirement, but sued, claiming that the company discriminated against him because of his condition and that he didn’t pose a direct threat.

Employer wins direct threat argument

Because of the hours and hazards of a bucket foreperson, along with the doctors’ input, the court found in favor of the employer and agreed that Larry qualified as a direct threat of harm to himself and others.

Smith v. Newport Utilities, Sixth Circuit Court of Appeals, No. 24-5502, February 27, 2025.

ADA’s direct threat

The federal Americans with Disabilities Act (ADA) protects employees who are qualified individuals; if they can perform, with or without reasonable accommodation, the job’s essential functions.

Because employees who are considered a direct threat of harm to themselves or others aren’t “qualified individuals” under this definition, the ADA does not protect them.

The ADA defines a “direct threat” as “a significant risk to the health or safety of others that can’t be eliminated by reasonable accommodation.” Employers must consider four factors when deciding whether a significant risk exists:

1. The duration of the risk,
2. The nature and severity of the potential harm,
3. The likelihood that this harm will arise, and
4. The imminence of the harm.

Employers also should engage in an individualized direct-threat assessment and base their conclusions on reasonable medical judgment, the best available objective evidence, or both.

Key to remember: Employers can take action against an employee who poses a direct threat, but they must be able to show the direct threat.

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.

What are appropriate lockout devices?

The standard defines a “lockout device” as “a device that utilizes a positive means such as a lock, either key or combination type, to hold an energy isolating device in a safe position and prevent the energizing of a machine or equipment. Included are blank flanges and bolted slip blinds.” Key factors in this definition are “positive” and “hold” meaning there must be a sure way to keep energy from be restored and reactivated until a device is removed.

Simply turning off a machine or using an interlock does not ensure that the machine can’t be turned back on or that potential hazardous energy is fully isolated. Energy isolating devices (EIDs) are mechanical devices that physically prevent energy release or transmission and include:

• Manually operated electrical circuit breakers;
• Disconnect switches;
• Line valves or blocks;
• Manually operated switches where circuit conductors can be disconnected from all ungrounded supply conductors AND in which no pole can be operated independently; and
• Any similar devices used to block or isolate energy.

The standard clarifies that push buttons, selector switches, and similar control devices are not considered EIDs by OSHA. Interlock devices cannot replace a formal LOTO program and procedures using an energy-isolating device, lock, or tags. While interlocks can be tied to lockout/tagout (LOTO) to enhance its safety, they can’t be used in place of an EID.

Are there any exceptions to the LOTO rule?

OSHA’s minor servicing exception (1910.147(a)(2)(i)) allows for alternative measures of effective protection from hazardous energy, which can include an interlocked safety switch, provided that when the interlock is opened or removed, the tripping mechanism and/or power automatically shuts off or disengages, and the machine cannot cycle or be started until the switch/guard is back in place. Replacing the switch/guard should not automatically restart the machine.

The ONLY time minor servicing is permitted is when activities are routine, repetitive, integral to using the equipment, AND when there are alternative measures in place that are equally protective as LOTO. Key components of the exception include:

• Minor servicing— tasks of short duration which take place during normal production operations that are necessary for the equipment to perform its intended functions.
• Alternative measures — procedures that provide equally effective protection from hazardous energy such as remote devices, local disconnects, or specially designed tools.
• Routine — tasks required to be performed as a part of a regular course of procedure.
• Repetitive — tasks required to be repeated regularly as part of the production process or cycle.
• Integral — tasks required as part of the production process or essential to operations.

Examples of minor servicing activities include clearing jams, minor cleaning or adjustments, and lubrication, provided they can be performed safely while the machine is running. Regardless of the types of LOTO, alternative measures, or interlocks, employees (and their body parts) must be protected from harm.

Keys to remember: OSHA requires EIDs for LOTO and doesn’t permit the use of interlocks for energy isolation. The minor servicing exception to the LOTO standard is only permitted when activities are routine, repetitive and integral to equipment use and alternative measures are in place that are as protective as LOTO .

What does OSHA mean by “clearly visible ?”

Despite popular belief that exit signs must be self-illuminated, this is not an OSHA requirement. As long as ambient light, direct light, or emergency lighting can ensure that the exit signs remain visible at all times, then they don’t need to be electronically lighted.

Basic metal or plastic signs can be used; however, they must remain visible even if there is a loss of power. When non-illuminated exit signs are used, employers must still ensure they can be easily seen. This challenge is why many employers opt for electrically wired or battery-operated exit signs with an emergency backup power source. The other option is electroluminescent signage.

What does “illuminated” mean?

OSHA requires in 1910.37(b)(6) that, “Each exit sign must be illuminated to a surface value of at least five foot-candles (54 lux) by a reliable light source and be distinctive in color. Self-luminous or electroluminescent signs that have a minimum luminance surface value of at least .06 footlamberts (0.21 cd/m2) are permitted."

OSHA defines these terms in 1910.34 as:

• Self-luminous — a light source that is illuminated by a self-contained power source (e.g., tritium) and that operates independently from external power sources. Batteries are not acceptable self-contained power sources. The light source is typically contained inside the device.
• Electroluminescent — a light-emitting capacitor with alternating currents that excite phosphor atoms when placed between the electrically conductive surfaces to produce light. This light source is typically contained inside the device.

Here are more definitions to help shed light on OSHA’s requirement:

• Foot-candle — a unit of measurement that lighting professionals used to describe the amount of light that covers a one square-foot surface.
• Lumen — The amount of visible light given off by a specific source.
• Lux — The amount of light output over a given area.

OSHA’s 5 foot-candle requirement is not as bright as one might think. It is relatively dim, providing enough light to move around but not enough to perform detailed or concentrated activities. This would be similar to what you might see in a parking garage.

Key to remember: To ensure employee safety, OSHA requires exit signs to be sufficiently illuminated and visible to workers at all times.

Poll question

A March 2025 report from J. J. Keller and Associates, Inc., tapped 74 professionals. Respondents did not need to be in the “warehousing and storage industry” (or NAICS 493) to participate.

The poll asked, “Which of the following is your biggest warehouse safety/health challenge?” To frame the question, the poll offered options:

• Ergonomics hazards
• Slips, trips, and falls (STFs)
• Exit routes
• Fire protection
• Materials storage hazards
• Powered industrial trucks (PITs)
• Motor vehicle hazards (not PITs)
• Electrical hazards
• Other
• We don’t have a warehouse

Poll results

Seventeen respondents said that their organizations don’t have a warehouse. That left 57 with a warehouse challenge. The results shook out as follows:

Remarkably, no one selected “Fire protection,” even though the Portable Fire Extinguishers standard ranked sixth in OSHA violations for the warehousing industry last fiscal year (FY).

For “other,” the respondents mentioned personal protective equipment and safety data sheets. Some raised topics associated with ergonomics and PITs. That reveals that these two issues may be greater challenges than indicated.

Boiling it down, two safety/health topics dog over half of the warehouses in the poll — STFs and PITs.

Other data sources

To get perspective, consider Bureau of Labor Statistics (BLS) and OSHA data for NAICS 493. For example, according to BLS, for 2021 to 2022, the top “exposures” that led to days away from work were:

1. Overexertion
2. Contact with an object, including struck by
3. Hazardous substances
4. STFs
5. Transportation incidents

BLS fatality statistics for 2023 show these leading exposures:

1. Transportation incidents
2. Violent acts
3. Falls to a lower level
4. Harmful substances
5. Contact incidents

Similarly, BLS explains that five “sources” of injury/illness with days away for 2021 to 2022 dominate the pack:

1. Containers
2. Vehicles
3. Persons
4. Floors, walkways, and ground surfaces
5. Parts and materials

The most-violated OSHA standards for NAICS 493 in FY 2024 were 29 CFR:

1. 1910.178, PITs
2. 1910.37, Exit routes
3. 1910.303, Electrical – General
4. 1910.1200, Hazard communication
5. 1910.305, Electrical wiring

Also, last year, OSHA revealed the top citations under its warehousing National Emphasis Program:

1. PITs
2. Exit routes
3. Electrical hazards

Results are a little surprising

Given uppermost BLS and OSHA warehouse-related data that points at PITs, ergonomics, and motor vehicles, you might not have anticipated STFs to overwhelmingly command the lead. Possible explanations might be that:

• OSHA has a regulation for walking-working surfaces (WWS) but none for ergonomics.
• OSHA has a fall prevention campaign and National Emphasis Program.
• STF events/hazards are more visible than ergonomics injuries/hazards.
• Many STF events may not reach BLS because they’re less than recordable and don’t involve days away.
• BLS data reflects the injury/illness data received from employers. If that data is underreported, it’s flawed.
• OSHA inspectors “might” focus more attention on warehouse PIT, exit route, and electrical violations because those violations rank high every year.

Whatever the explanation, there’s a disconnect between what our respondents’ challenge areas are and what BLS and OSHA see for major causes of injuries/illnesses and violations, respectively. Yet, there’s value in combating the biggest challenges that turned up in our poll.

STFs

OSHA mandates that WWS be inspected regularly. Once you determine an inspection frequency that will keep surfaces safe, stick to it. The agency also calls for WWS inspections when conditions warrant an additional check.

To prevent falling off the dock edge, the dock doors must be closed when not in use, or a guardrail system must be in place. “Dock jumping” is prohibited. If workers need to go down at the dock area, make sure they use the stairs provided.

PITs

Chief compliance issues involving PITs are training and maintenance. Before operating a PIT, your workers must successfully complete training and be evaluated on their operating skills. OSHA also requires PITs to be examined at least daily before being placed into service. In addition, you need to have authorized personnel perform routine checks and preventive maintenance to keep PITs in safe operating condition.

Key to remember

Two safety and health topics, STFs and PITs, bubbled up as the toughest in a recent poll of warehouse operations. The top challenge was unpredicted.

OSHA’s announcement on helmets vs. hard hats

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

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

The two main benefits of Type II safety helmets

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

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

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

Understanding the different types of head protection

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

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

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

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

Choosing the right head protection for your employees

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

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

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

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

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

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

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

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.

The significance of LOTO

OSHA estimates that 120 workers are killed and another 50,000 suffer injuries each year from failure to comply with LOTO requirements. During the servicing and maintenance of machines and equipment, workers can be seriously injured or killed if hazardous energy is not properly controlled. Regrettably, unexpected startup and the release of stored energy continues to result in preventable injuries such as lacerations, amputations, fractures, burns, and fatalities every year.

However, proper LOTO programs can prevent these unfortunate incidents when workers understand the intent, procedures, and equipment used to control hazardous energy. Going beyond just locks; prevention starts with a thorough understanding of the equipment used for LOTO.

Types of LOTO devices

Some LOTO devices, like locks and tags, are common workplace features. However, some devices may be unfamiliar to workers, thus creating confusion as to how these devices are used. And all too often, confusion can lead to non-compliance. Let’s clear up some confusion on some of these devices!

• Plug locking devices – box or cylinders that wrap around a plug and lock it, accessible only with a key. These are commonly used for cord and plug machines where the only energy source is electrical.
• Valve locking devices – designed to prevent valved from being turned or operated during maintenance or repairs. These come in varying shapes for different types of valves, such as gate, ball, plug, or butterfly valves. Like plug locks, they wrap around the valve and lock, preventing access without a key.
• Cable locking devices – adjustable cables, typically made of steel with plastic coatings, which are used for locking multiple points of a machine that are in close proximity to one another, or for securing large valve handles. The cable loops through lockout points of a machine and back through the cable device so it can be locked until maintenance in complete.
• Circuit breaker locking devices – plastic devices that fit snugly inside circuit breakers to prevent them from being turned on. Once placed in the circuit breaker, a lock is applied to the device until service or maintenance is completed.
• Flange locking devices – adjustable plastic devices with a connecting rod used to cover flange bolts, preventing access to the blind flange on pipelines until service or maintenance work is complete.
• Gas cylinder locking devices – plastic caps of varying sizes used to prevent access to valve handles on cylinders.
• Steering wheel locking devices – covers placed over steering wheels to deter workers from operating the vehicle or equipment. While often used with padlocks, they’re not designed to prevent the operation of a steering wheel, but as a warning that the vehicle is not operational.

This list isn’t all encompassing, but hopefully clarifies some specialized LOTO devices. Regardless of the devices chosen, the main goal must always be to use the LOTO devices that will prevent energization during the entire maintenance and repair processes. Lives depend on it!

Key to remember: Adding an understanding of LOTO devices to employee training is crucial for compliance and worker safety during service and maintenance activities.