Did you post your OSHA 300A?

What’s changing and why it matters

Although EPA has been deregulating or loosening some requirements, there are still some standards being tightened across multiple fronts in the coming year:

• Renewable fuel standards (RFS): The EPA proposed higher volume requirements for 2026, including 24.02 billion renewable identification numbers (RINs), up nearly 8% from 2025. This increase pushes stricter expectations on fuel producers and organizations purchasing renewable fuels.
• Stormwater multi-sector general permit (MSGP): A new MSGP set to take effect by February 2026 will require quarterly PFAS indicator monitoring, expanded benchmark sampling, and resiliency measures in stormwater control designs.
• PFAS Reporting under the Toxic Substances Control Act (TSCA): TSCA Section 8(a)(7) mandates PFAS manufacturing and import data collection beginning in April 2026, through October 2026, with extended deadlines for certain small manufacturers.

Failure to prepare could lead to fines, reputational damage, supply chain disruptions, and permit delays. Companies that weave compliance planning into their 2026 strategy will be positioned not just to meet legal deadlines but to sustain operations smoothly.

Key areas of impact

• Renewable fuel standards (RFS) and air emissions The proposed increase in 2026 Renewable Identification Numbers (RIN) volumes, from 24.02 billion to 24.46 billion for 2027, signals tightening air and fuels policy that affects fuel use and emissions accounting.
• Stormwater management The upcoming 2026 MSGP requires expanded quarterly PFAS monitoring, new benchmark triggers, corrective action plans, and integration of climate resilience in design standards.
• PFAS disclosure (TSCA Section 8(a)(7)) Manufacturers and importers of PFAS must submit electronic reporting of usage, volumes, disposal, and exposure data between April and October 2026, with extensions available for smaller operations.

Steps to take now

• Audit compliance programs: Cross-check operations against RIN inventory, stormwater permits, and TSCA reporting duties.
• Upgrade monitoring and recordkeeping: Implement robust electronic systems to track PFAS, stormwater quality, fuel volumes, and emissions.
• Staff training: Educate teams on PFAS obligations, new stormwater protocols, and RFS structures.
• Engage regulators early: Comment on proposed rules, consult during permit drafting, and flag issues during the notice-and-comment period.

Looking ahead

The EPA’s 2026 updates reflect a trend toward increased transparency and environmental accountability. Companies that treat compliance as strategic will not only avoid enforcement but also gain resilience and stakeholder trust.

Key to remember: Start planning now. Early action on EPA rule changes will save time, money, and headaches when enforcement begins.

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.

What prevents workers from reporting?

The Centers for Disease Control and Prevention (CDC) completed a study that revealed several reasons employees are reluctant to report a bloodborne pathogen exposure. These include:

• Being unsure of what constitutes a bloodborne pathogen, an exposure, or a potential exposure;
• Worrying reporting may result in a negative performance review;
• Knowing they weren’t wearing the proper personal protection equipment (PPE);
• Fearing discipline, retaliation, or loss of their job;
• Having concerns about confidentiality;
• Feeling guilty that the exposure may have been their fault;
• Believing that wiping blood or other body fluids off their clothes or skin prevents exposure; and
• Wanting to avoid taking time away from work to report an exposure.

Protecting the workforce

Protecting workers is as simple as 1-2-3. Employers should ensure workers follow these guidelines:

1. Avoid close, skin-to-skin contact and contact with sharp objects when caring for an injured person.
2. Avoid contact with objects and materials that may contain blood or OPIMs.
3. Practice effective personal hygiene and workplace sanitation by cleaning and disinfecting immediately after treating an injured person.

Employers can ensure worker protection by:

• Training workers on the hazards of bloodborne pathogen exposures, the health consequences if left untreated, proper hygiene and sanitation protocols, and how to report exposures;
• Ensuring workers are familiar with existing emergency protocols and the locations of emergency eyewash stations or showers and first aid stations;
• Instituting and communicating a post-exposure evaluation process;
• Assuring employees that reports will not adversely affect their employment or performance evaluations and that reports are handled confidentially;
• Establishing a mandatory policy to immediately report all exposures or potential exposures;
• Providing appropriate protective equipment and supplies, such as gloves, masks, sharps containers, and disinfection and hazardous material disposal supplies;
• Implementing a system for reporting that is efficient to use and maintains confidentiality;
• Issuing regular reminders to workers to report all exposures to blood and other body fluids; and
• Cultivating a positive safety culture that promotes trust, care, and protection for everyone.

Keys to Remember

Employers must protect workers from the risk of exposure to bloodborne pathogens. This includes protecting responders from illness or hospitalization resulting from unreported exposures. Protecting workers requires continual communication of hazards, proper training and supplies, assurance of accountability, and a positive safety culture.

How the NRII process works (and why delays happen)

Under the NRII, medical examiners must enter a driver’s exam result into the National Registry no later than the end of the next calendar day. The FMCSA then sends these results to the appropriate SDLA so the information can be posted to the CDL MVR.

The most frequent source of delays is data-entry errors in the examiner’s electronic medical card (MCSA5850). Mistakes in key identifying information — such as name, date of birth, CDL number, or state of licensure — prevent the SDLA from validating the submission. When this happens, examiners receive an email alert but must correct the error before the SDLA can receive and post the record.

The FMCSA recognized early that MVR update delays were widespread, which led to several waivers. The current waiver, effective January 11 through April 10, 2026, allows carriers and drivers to rely on paper medical cards for up to 60 days after the exam.

Best practices for drivers and carriers

Proactive steps can significantly reduce both delays and compliance disruptions. Consider implementing the following:

1. Schedule exams early.

Encourage drivers to complete their exams at least two weeks before their certification expires. Maintain internal reminders to ensure drivers promptly report exam results and share a copy of their medical card.

2. Verify license information at the end of the exam.

Ask drivers to confirm that their personal information — name, date of birth, CDL number, and licensing state — matches what appears on the medical examination report (MCSA5876). Incorrect CDL formatting continues to be one of the most common causes of the NRII upload failures.

3. Request and retain a paper medical card.

Even though examiners aren’t required to issue a paper medical card, the FMCSA recommends that they do so during the NRII transition. Drivers should receive a paper card as these are legal proof of certification for up to 60 days under the current waiver and help prevent them from being placed out of service. A copy should go in the driver qualification file to be replaced by the updated MVR within 60 days.

4. Check MVRs within 2–5 days after each exam.

Early monitoring helps identify issues while examiners may be more receptive and able to quickly correct errors.

How to troubleshoot delayed MVR updates

The FMCSA recommends following a structured, three step troubleshooting process:

Step 1: Contact the medical examiner.

Confirm that they addressed any National Registry validation errors and resubmitted the MCSA5850. This is the most common issue that’s easily resolved.

Step 2: Reach out to the SDLA’s CDL help desk.

If issues pop up, carriers and drivers should contact the CDL help desk, not the general help line. Ideally, the call should include both a knowledgeable carrier representative and the driver. Begin by explaining that the examiner has already corrected any errors. Then request that the SDLA’s medicalcertification team “pull” the record directly from the National Registry.

Step 3: Contact the FMCSA Registry Support team if needed.

If steps 1 and 2 don’t resolve the issue, carriers and drivers should contact the FMCSA Registry Support team:

Phone: (617) 4943003

Email: fmctechsup@dot.gov

If the problem still isn’t resolved, carriers and drivers should document the steps taken to show good-faith efforts were made. If the driver’s MVR doesn’t update within the waiver period, to reduce the risk of having a disqualified driver citation, carriers should consider removing them from CMV driving until the MVR updates.

Key to remember: When carriers and drivers proactively manage medical exam timing and closely track MVR updates, they are less likely to face disqualification surprises or other compliance issues.

What’s changing

Motor carriers should review the changes now to determine how they might impact their operations. Except as noted, the new rules take effect on March 23, 2026:

• Bumper labels: Motor carriers will no longer need to ensure that their vehicles’ rear-impact guards have a permanent certification label from the manufacturer. These labels often fall off or become unreadable over time, resulting in citations even when guards meet the safety standard.
• License-plate lamps: Tractors will no longer need a working rear license-plate lamp while pulling a trailer. If there’s no trailer, the light will need to be operational.
• Spare fuses (effective April 20, 2026): Drivers will no longer be required to carry spare fuses for powering required equipment. The FMCSA says today’s vehicles don’t commonly suffer from blown fuses, making the requirement unnecessary.
• eDVIRs: Though already allowed under 49 CFR 390.32, the vehicle inspection rules in Part 396 will explicitly allow drivers and motor carriers to use electronic drivers’ vehicle inspection reports (DVIRs).
• Auxiliary fuel pumps: Motor carriers will be able to use gravity- or siphon-fed auxiliary fuel pumps with tanks up to 5 gallons, mounted on the trailer and used only when the vehicle is not in motion. The rule revises 393.65(d) to reflect modern small-capacity auxiliary systems used for trailer-mounted equipment. capacity auxiliary systems used for trailer-mounted equipment.
• Fuel tank fill limit: It will no longer be a violation to use fuel tanks that can be filled beyond 95 percent of their capacity. Modern liquid-fuel tanks have vented caps that can safely accommodate a 100-percent fill, the FMCSA says.
• Liquid-burning flares: The FMCSA has removed the option to use liquid-burning flares as emergency warning devices. Drivers must use reflective triangles or solid-fuel flares instead.
• CDLs for military techs: Dual-status military technicians (as defined in 10 U.S.C. 10216) are now explicitly included in the commercial driver’s license (CDL) exemption for military vehicle operations. Previously, only National Guard technicians qualified; Air Force Reserve and Army Reserve technicians were excluded.
• Portable conveyors: Portable conveyors used in the aggregate industry and manufactured before 2010 are now exempt from the “brakes on all wheels” requirement, provided certain weight and speed limits are met.
• Tire markings: The FMCSA has clarified that its rules do not require tire load-rating markings on sidewalls. That requirement falls to manufacturers only, not motor carriers.
• Vision waivers: An obsolete grandfathering provision related to an old vision waiver study program has been removed from the regulations (391.64) in favor of today’s alternative vision standard in 391.44.
• Water carriers: The FMCSA has removed outdated references to “water carriers,” updating parts 365, 370, 379, 386, and 390 to reflect the agency’s lack of jurisdiction over maritime carriers.

More rules on the way?

Additional deregulatory actions proposed last May are still in process but are expected to be finalized soon. This includes rules to:

• Remove the need to carry a user manual for electronic logging devices (ELDs).
• Remove the requirement for drivers to self-report moving violations.
• End the requirement that carriers return completed roadside inspection reports unless requested by the issuing agency.
• Exempt certain buses and hazmat drivers from stopping at railroad crossings equipped with active warning devices (unless the devices are activated).
• Record information about accidents where medical treatment consisted only of imaging or a prescription without actual treatment.
• Delete the outdated requirement to retrofit older trailers with retroreflective tape.

Key to remember: The FMCSA has finalized 12 deregulatory actions among 18 proposed in May 2025. The changes could save time and money for both motor carriers and drivers.

What this means for California/CARB

The California Air Resources Board (CARB) may continue state-level enforcement of CTC for all in-state, out-of-state, and foreign-registered vehicles. However, they cannot claim SIP credit for emissions reductions from vehicles not registered in California.

What this means for trucking companies

Trucks not registered in California may still be subject to California enforcement, but EPA will not enforce those requirements federally. California cannot use those inspections or emissions reductions for SIP compliance.

Compliance options for testing

To comply with CARB’s CTC requirements, trucking companies can choose from multiple emissions testing options. Those options include:

• A telematics-based approach: The telematics option is a “set-it-and-forget-it” onboard diagnostics (OBD) test option. With this option, once the telematics device is set up on the vehicle, required data is automatically submitted to CARB.
• Hiring a credentialed tester to perform compliance testing: There are more than 30,000 credentialed testers, 15,000 of which are for hire. The “Credentialed Tester List - CTC-VIS” website features real-time updates to the list.
• Checking out a testing device from specified locations: Anyone can become a credentialed tester by taking the Tester Training Course and passing the exam in the Clean Truck Check-Vehicle Inspection System (CTC-VIS). Fleets can then perform the testing in-house without the need to hire third-party testers.
• Permit option: Finally, for vehicles that rarely operate in California, the HD I/M Regulation includes a five-day pass provision that allows any vehicle in the fleet to be operated in California for up to five consecutive days once per year without meeting the requirements of the rule.

FAQ: Does this regulation apply to my truck or fleet?

CTC applies to almost all diesel, alternative fuel, and hybrid vehicles, with a gross vehicle weight rating over 14,000 pounds, operating on public roads and highways in California — even if they are not registered in California. This includes:

• Government vehicles;
• Motorcoaches;
• Transit, shuttle, and school buses;
• Hybrid vehicles;
• Commercial and personal use vehicles;
• California registered motorhomes; and
• Single-vehicle fleets.

Freight contractors and brokers must:

• Only contract with compliant vehicles or fleets, and
• Comply with the record keeping requirements.

Ports and railyards also have requirements regarding CTC compliance status of vehicles and access to their facility.

Key to remember: EPA’s recent action does not end California’s CTC program. CARB enforcement continues, and trucks operating in the state are still required to comply with all program requirements.

For-hire vs. private

For-hire carriers use vehicles to transport people or property and are paid for their service. The fee could be a direct fee like a fare or a rate but could also be other indirect forms of compensation. Examples of for-hire operations include a trucking company that hauls other people’s property for a fee (direct compensation) or a hotel that includes in its service the transportation to and from the airport to the hotel (indirect compensation).

Private carriers, on the other hand, transport only their own goods or people. Examples include a manufacturer that uses its own commercial vehicles to transport its product, a construction or landscaping company that uses commercial vehicles to transport equipment and employees to job sites, or a utility company that operates commercial vehicles in support of its operations.

For-hire operating authority

While private carriers are not required to obtain operating authority from the FMCSA, for-hire carriers are required to get authority to move property or people that belong to somebody else and get paid for their service. Having authority is often referred to as having an MC Number.

The most common types of authority are:

• Property for-hire
• Passenger for-hire
• Household goods
• Broker
• Freight forwarder

If a company never operates a commercial motor vehicle (CMV), it is possible to have authority, but not have a USDOT number. For example, straight brokers or freight forwarders.

As part of obtaining for-hire authority, carriers must designate process agents and demonstrate financial responsibility (have proper insurance coverage).

One size does not fit all

Authorities are not all-inclusive. Separate authority is needed for each type of service offered. For instance, a for-hire, over-the-road carrier that also wants to be able to resell its extra demand will need both for-hire and brokerage authorities. A company is required to pay a $300 one-time fee for each type of authority needed.

Permanent authority required

There are no temporary permits available to substitute for authority. For-hire operations may not be performed until the proper authority has been granted. It’s not uncommon for otherwise private carriers to become for-hire carriers to generate revenue on back-hauls or help balance capacity and demand during slow periods or seasons.

Getting it right

Carriers need to get it right when it comes to authority. Carriers required to have authority — but don’t and operate anyway — can get themselves into trouble. Penalties for operating without proper authority can get expensive and can result in out-of-service orders.

You’re not hands off

The HMR clearly assigns responsibilities. Shippers are responsible for properly classifying, packaging, marking, labeling, and documenting hazmat. Carriers are responsible for transporting those materials safely and in compliance with DOT requirements.

That division matters, but it doesn’t mean carriers can accept anything placed in front of them. In fact, the HMR specifically states, “No person may accept for transportation or transport by motor vehicle a forbidden material or hazardous material that is not prepared in accordance with the requirements of this subchapter.” If it’s not compliant, don’t accept it.

Verifying the load

Shipping papers are often the first place a carrier can spot an issue, and they’re also the easiest way to confirm whether a hazmat shipment “adds up.” Before accepting a load, carriers should review the paperwork for basic completeness. At a minimum, the shipping paper should clearly identify the material as hazardous and include the:

• UN or NA identification number,
• Proper shipping name,
• Hazard class,
• Packing group,
• Number/type of package,
• Emergency response information, and
• Shipper certification (if required).

Carriers aren’t expected to verify the technical accuracy of a classification, but missing information, incomplete descriptions, or paperwork that clearly doesn’t match the shipment being offered should raise questions. A quick check at this stage can prevent bigger problems later.

Just as important, the information on the shipping papers should match what’s on the packages. DOT expects carriers to notice marking and labeling problems during normal handling, especially when there’s an obvious mismatch. The UN or NA number and proper shipping name on the shipping papers should match the package markings, and the hazard class listed should make sense with the hazard labels applied to the package.

Carriers don’t need to open packages or inspect inner packagings. But if labels are missing, damaged, obscured, or clearly inconsistent with the shipping papers, that’s a reasonably apparent issue. If the paperwork and the packages aren’t telling the same story at the dock, they won’t hold up any better during an inspection.

Package condition

Once the paperwork and markings pass a basic consistency check, the next step is assessing the condition of the packages themselves. One of the most common carrier-side violations has nothing to do with classification or documentation; it involves accepting packages that are clearly compromised. Carriers should be alert for:

• Leaking,
• Stained,
• Bulging,
• Crushed, or
• Otherwise, damaged packages.

Carriers should also be aware of loads that don’t appear to be properly secured for transport.

Refusing the load

Refusing a load is never convenient, but sometimes it’s the most compliant option. Carriers should seriously consider refusing a hazmat shipment when shipping papers are incomplete or clearly incorrect, packages are leaking or visibly damaged, required labels or markings are missing, or the driver is not trained or qualified for the material being offered.

Key to remember: Accepting a hazmat load isn’t about catching every possible mistake. It’s about exercising reasonable care before a shipment enters the transportation system. Sometimes, compliance starts with one simple question at the dock, “Does this shipment look right?”

Case in point

In April, Toby, an employee, applied for FMLA leave for his chronic kidney stones. The certification indicated that he would need intermittent leave up to 3 times per month for 1 day per episode.

Things went fine until August 23, when Toby asked for time off. The conversation went something like this:

• Toby: Can I have a personal day tomorrow because my kids are starting a new school?
• Employer: Let me see if one’s available. It’s not available for tomorrow.
• Toby: Well, okay. I guess you’ll have to put me on FMLA leave then.
• Employer: OK, so FMLA for your kids’ school event.
• Toby: Thank you.

Toby ended up taking 4 days of medical leave.

Based on the phone conversation, the employer charged Toby with FMLA misuse and removed him from work pending an investigatory hearing.

At the hearing, Jolanda, the company’s FMLA manager, said it was clear, based on the conversation, that Toby “….marked off FMLA for an unapproved reason”—so clear that “[t]here wasn’t a need” for the company to “determine if the leave that [Toby] requested was actually used for FMLA protection or for purposes of the FMLA.”

Toby said that he needed to be off both because his kids were starting a new school and because his medical condition had started to flare up. He explained that he initially asked for a personal day, rather than FMLA leave, so he would be paid for the day and could avoid using up his FMLA time.

Toby said he saw a doctor for his flare-up and provided a doctor’s note dated August 24. The note said that Toby had been under a doctor’s care from August 24 to 27.

After the hearing (and despite the doctor’s note), the employer concluded that Toby had misused FMLA leave and fired him.

Toby sued, and the court sided with him, disagreeing with the employer’s argument that Toby had misused FMLA leave. Toby had enough evidence to establish that the employer’s decision to fire him wasn’t “reasonably informed and considered….”

The employer’s only basis for believing Toby misused FMLA leave was his phone call. The call didn’t conclusively establish that Toby engaged in misconduct, especially given his testimony that he needed to deal with both medical needs and family obligations. The doctor’s note also provided evidence that Toby’s request for leave was legitimate.

Pack v. CSX Transportation, Inc.; Southern District of West Virginia; No. 3:24-0688; January 14, 2026.

Key to remember: Employers should look at all the facts of a situation before concluding that an employee abused FMLA leave.

Balancing safety concerns and limits

When employers have safety concerns about an employee, they may ask the employee medical questions, but there are limits.

According to the Equal Employment Opportunity Commission, which enforces the employment provisions of the ADA:

• Employers must limit the scope of the inquiry to what is necessary to determine the employee’s ability to perform essential job functions or to assess the need for a reasonable accommodation.
• The employee must authorize any direct communication with their health care provider (think HIPAA).

What is a direct threat?

A direct threat is something that poses a significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation. To determine whether an employee poses a direct threat in the workplace, employers should consider the following factors:

• The duration of the risk,
• The nature and severity of the potential harm,
• The likelihood that potential harm will occur, and
• The imminence of the potential harm.

If, for example, an employee operating a forklift appears sleepy, the employer may tell the employee to get off the forklift and discuss the situation. The employer could discover that the employee is sleepy because:

• They had a late night out with friends,
• A colicky baby kept them up, or
• A drug or medication (legal or not) made them sleepy.

Employers shouldn’t jump to conclusions, but rather, document all related discussions and actions taken.

No hiding under a blanket

Blanket policies that require all employees to disclose all the medications they’re taking risk violating the ADA, because policies like that don’t focus on a particular employee, as required.

Employers with blanket policies should review them to make sure they aren’t adding risk.

If another federal law, such as the Federal Motor Carrier Safety Act and its regulations, requires such medical questions, the ADA doesn’t stand in the way. If the laws don’t require the questions, the ADA steps in.

Key to remember: Unless required by another federal law, asking all employees to disclose the medications they take would risk violating the ADA.

Submitting employees to drug tests

Can motor carriers drug test their drivers? The short answer is no. Canada does not have a federal regulation that requires drug testing for drivers. However, this does not mean that Canadian motor carriers cannot implement and enforce a drug and alcohol policy for their drivers. In fact, many carriers have developed successful policies that minimize the risk of getting in trouble with the law and ensure the safety of their drivers and the public.

For the most part, drug testing not only violates the Human Rights Code, but it is also a gross infringement on an individual’s reasonable right to protection of privacy. Motor carriers operating in Canada need to make sure they consider the human rights and privacy rights of their drivers when implementing any type of drug testing program and policy.

Motor carriers have the right to expect their drivers to arrive at work fit for duty and remain that way throughout the duration of their shift. Communicating this expectation to them is important and, at a minimum, should be communicated by implementing a ”fit-for-work” policy that makes your expectations around impairment of any kind clear.

When drug testing may be permissible

There are some circumstances in which drug testing is allowed, though they are rare and very specific.

1. Safety-sensitive positions: Universal random drug testing would be acceptable in workplaces that can be shown to be extremely dangerous and where a worker’s impairment would likely result in catastrophe. Based on this definition commercial truck drivers would be considered to be in a safety-sensitive position.

2. Reasonable suspicion of impairment: If an employee appears to be obviously impaired, drug testing may be permissible, especially if they’re involved in a collision and there is reasonable suspicion that they are under the influence of drugs.

3. As part of a rehabilitation/return-to-work program: A driver with substance abuse disorder may be subject to unannounced drug testing to be carried out as part of a rehabilitation program and return-to-work program.

Unlike in the United States, pre-employment drug testing is generally not permitted in Canada, except in limited circumstances. Each Canadian province has its own legislation regarding testing for drugs. In Alberta, the courts have been less protective of individual privacy rights and have allowed drug testing in the oil and gas sector. Most companies in Ontario and British Columbia opt not to test for drugs, adhering to human rights legislation and privacy concerns.

Policies must be clear

Motor carriers must inform their drivers about the drug and alcohol policy and unlike U.S. testing programs, are required to obtain their consent before conducting any test. By working together, motor carriers and drivers can create a safe and healthy work environment for everyone involved.

Carriers should update their policies addressing drug and alcohol use at least once per year. Carriers must pay close attention to:

• Permissible testing for the jurisdictions they operate in, including if they cross the border into the United States;
• Frequent reminders for drivers on their obligations under the policies; and
• Training for managers and supervisors on detecting impairment through physical symptoms.

Key to remember: Drug testing in Canada is legal but not regulated, so carriers must exercise caution when implementing a drug testing policy. There’s a fine line between allowable testing and human rights/employee privacy violations.

Why guidance is needed

On January 20, the White House announced that the heads of all departments and agencies in the executive branch of the federal government must “take all necessary steps to terminate remote work arrangements and require employees to return to work in-person at their respective duty stations on a full-time basis,” with few exceptions.

In response, on February 12, the EEOC and the OPM released guidance for agencies to help them stay consistent with the Rehabilitation Act of 1973 (the “Act”).

The Act, which mirrors the standards under the Americans with Disabilities Act, provides equal employment opportunities for covered federal employees with disabilities, including reasonable accommodations, such as remote work.

What about private employers?

Although this directive specifically applies to federal employees, the FAQs illustrate the steps private employers should take with their employees when it comes to remote work accommodations. For example, as with federal employers, private employers must assess requests for remote work due to a disability on a case-by-case basis. In other words, a blanket “no remote work” policy won’t work.

Also, for both federal and private employers, retaliating against an employee who seeks an accommodation — even a remote work one — risks a violation. This means employers should train their frontline leaders to avoid making disparaging remarks or straight-up denying someone who asks to work from home because of a disability. This doesn’t mean employers must always agree to a remote work accommodation; there might be other options that are just as effective.

Key to remember: Federal employees must return to in-person work. Although this doesn’t impact private employers, recent FAQs published by the EEOC help provide guidance on the use of remote work as a workplace accommodation.

Inspection failure

If the operator skips or rushes through the pre-shift inspection, safety concerns could get overlooked. Problems with systems like hydraulics, brakes, or steering can obviously contribute to accidents. However, even things like a non-functioning horn or lights could increase the likelihood of collisions.

Also, operators must report any problems that arise during the shift. If a pre-shift inspection identifies failures, the problem likely occurred during the previous shift and perhaps could have been reported. Equipment failures more likely occur during operation, not during idle time between shifts. If something goes wrong mid-shift, the operator must remove the truck from service. Make sure operators know how to report problems, send the truck for service, and obtain an alternate vehicle for the remainder of the shift.

Carrying loads too high

Operators should carry loads as low as possible. During inspections, OSHA compliance officers commonly see loads carried too high. This limits both visibility and stability. When the load size restricts visibility and the truck cannot travel in reverse (like going up a ramp), the operator should use a spotter.

Similarly, operators must never raise or lower a load while moving or turning. Doing so increases the risk of accidents from falling loads. Also, driving while watching the load (not the road) can increase the risk of striking pedestrians or objects.

Driving too fast

Employers might communicate speed limits, but most forklifts don’t have speedometers. Therefore, operators should understand what constitutes safe (and unsafe) speeds under various conditions. In locations with pedestrians or limited visibility, this might mean at walking speed, which can seem painfully slow.

OSHA compliance officers can issue citations for excessive speed. Excessive speed increases the risk of spilling a load, striking a pedestrian, and rollover potential.

Not certified for truck type

Forklift operators must receive training that covers the types of vehicles used. An operator trained on a sit-down counterbalanced forklift needs additional training to operate a stand-up model or even a powered pallet jack. A supervisor might be able to explain the controls for a different vehicle type, but that does not constitute “training” and certainly not certification. OSHA commonly issues citations for lacking operator certification.

In addition, employers must evaluate each operator’s performance every three years. Typically, this involves questioning the operator on safety rules and observing the operator performing typical duties. If the evaluation identifies problems, the employer must provide refresher training. Skipping this evaluation could result in a failure to identify violations that contribute to accidents.

An operator who is not certified for the vehicle type may lack understanding of critical handling characteristics or safety precautions, which increases the risk of accidents.

Key to Remember: When forklift operators feel under time pressure, they might focus on speed over safety. Skipping the inspection, driving too fast, raising loads while moving, and other behaviors put the operator and other employees at risk.

Starting the year in the wrong direction

On January 10, 2026, a Michigan tow truck helper who was standing at the rear of their truck cab became pinned between the rollback flatbed carriage and the cab, suffering a fatal head injury. Preliminary findings show that after unloading a vehicle, the flatbed was being returned to its original position when unexpected resistance was encountered. Later, the helper was found on the ground and was pronounced deceased at the scene.

Six short days later in New Hampshire, a pickup truck operator struck a worker while reversing their vehicle on a worksite. Life-saving measures were attempted by emergency responders; however, the struck worker died because of injuries suffered in the incident.

While investigations into both fatalities are still underway, they serve as sobering reminders that workplace tragedies can occur regardless of vehicle direction or speed, underscoring the importance of maintaining rigorous work zone safety practices.

Reversing fatal facts

According to the National Work Zone Safety Information Clearinghouse, fatal highway worker injuries involving workers on foot struck by vehicles have increased by 10.7 percent since 2021. From 2021 to 2023, these incidents accounted for an average of 53.5 percent of all fatal highway worker deaths. In 2023 alone, more than 800 people were killed in work zone crashes, and over 37,000 were injured.

The data drives home the concept that work zone safety is moving in the wrong direction, making it critical for organizations to strengthen controls, improve visibility, and reinforce safe work practices. While work zone incidents remain a serious challenge, employers can reduce risk by applying data‑driven practices, proven countermeasures, and structured hierarchical control strategies, including:

• Prioritizing worker participation in identifying hazards and evaluating/implementing control options;
• Analyzing crash and trend data to target safety strategies and guide interventions;
• Addressing commonly cited OSHA violations to close work zone safety gaps before injuries or fatalities occur;
• Implementing safety countermeasures such as speed management tools, enhanced roadway delineation, improved lighting, pedestrian protections, and median barriers;
• Coordinating with engineers, traffic control companies, equipment manufacturers, and law enforcement to establish effective communication and staging strategies;
• Maintaining a written hazard control plan that includes emergency and non-routine operations;
• Evaluating the effectiveness of controls and adjusting when needed.

Key to remember: Work zone injuries are increasing; therefore, every vehicle movement, no matter the direction, must be controlled using engineering controls, data-informed decisions, worker participation, and consistent hazard management.

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.

Topics and worker types covered

Topics addressed by these bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence. Federal OSHA does not have comprehensive standards for any of those hazards. Some existing standards are related — sanitation, first aid, personal protective equipment, and injury/illness recordkeeping and reporting.

Without comprehensive standards, OSHA may turn to enforce these hazards under the General Duty Clause (GDC), Section 5(a)(1) of the Occupational Safety and Health Act. Yet, the GDC poses a high bar for inspectors. OSHA can only cite under Section 5(a)(1) if the alleged hazard: exists, is recognized, is serious, and has a feasible means to reduce that hazard.

If any one of the four criteria is missing, a GDC citation will not hold. On the other hand, putting a standard in place both mandates protections and makes it much easier for OSHA to cite employers for the hazards.

Worth noting, some of the bills specifically cover domestic workers, firefighters, warehouse workers, public sector workers, and healthcare and social service workers.

Nine bills to watch

Below are the nine Congressional bills (and companions) currently under consideration:

• LET’S Protect Workers Act, H.R. 6597 — Introduced 12/10/2025. This bill would raise civil monetary penalties for employers that violate occupational safety and health requirements. Willful and repeat violations would jump to $800,000 each. The bill would also direct OSHA to close a loophole that prevents citations for failing to maintain required injury and illness records if the violation is not discovered within six months. Instead, every day an employer fails to make or maintain a record during the five-year record retention period would be a violation.
• Domestic Workers Bill of Rights Act, S. 3396 and H.R. 3971 — Introduced 12/9/2025 and 6/12/2025, respectively. This bill would require a board to make recommendations to OSHA for standards that affect the well-being of domestic employees, including infectious diseases protections.
• Healthy Lungs for Heroes Act, S. 3183 — Introduced 11/18/2025. This bill would require OSHA to develop an appropriate exposure limit for wildfire smoke for wildland firefighters and supporting staff where current PELs are not a good fit for wildfire situations. The bill would also require the incorporation by reference of a National Fire Protection Association standard on respirators for wildland fire-fighting operations.
• Warehouse Worker Protection Act, H.R. 4896 and S. 2613 — Introduced 8/5/2025 and 7/31/2025, respectively. This bill would require OSHA to publish a standard for ergonomic program management with elements including hazard identification, job evaluations, hazard control, training, and medical management. The bill also calls for OSHA to publish a standard on first aid and employer-provided occupational medicine consultation services. Finally, it would update the Occupational Safety and Health Act (OSH Act) so a contest notice would not stay abatement of a violation.
• Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act, H.R. 4443 and S. 2298 — Both introduced 7/16/2025. These bills would require OSHA to promulgate a standard to protect workers from heat-related injuries and illnesses. Such a standard may have measures like engineering controls, administrative controls, personal protective equipment, medical and emergency protocols, training, and a written plan.
• Recognizing that climate change poses a growing threat to public health and necessitates coordinated action to mitigate its impacts and safeguard the health and well-being of all people in the United States, H.Res. 568 and S.Res. 318 — Both introduced 7/10/2025. These bills say that OSHA “should” promulgate a worker heat protection standard that, in accordance with the best available evidence, establishes the highest degree of health and safety protection feasible.
• Protecting America’s Workers Act, H.R. 3036 — Introduced 4/28/2025. This bill would require OSHA to update its incorporations by reference of national consensus standards, with some exceptions. The bill makes other changes to the OSH Act to expand coverage to public sector workers, increase protections, and raise penalties.
• Safe Workplaces Act, H.R. 2647 — Introduced 4/3/2025. This bill taps OSHA to issue nonmandatory guidance on activities and work practice controls that can be implemented at work to reduce workplace violence.
• Workplace Violence Prevention for Health Care and Social Service Workers, H.R. 2531 and S. 1232 — Both introduced 4/1/2025. These bills mandate OSHA to issue a standard that requires covered employers within the healthcare and social service industries to develop and implement a comprehensive workplace violence prevention plan. The plan must include procedures and methods for risk assessment and identification of risks, hazard prevention and controls, reporting and investigation, emergency response, and training.

Key to remember

Several bills in Congress would modernize the OSH Act and mandate OSHA rulemaking to strengthen or increase worker protections.