Don’t bandage your first aid program

Don’t bandage your first aid program

2021-12-13T06:00:00Z

Superglue and duct tape weren’t always just stored in jobsite gang boxes. Back in the day, many first-aid kits were stocked with them too. It was how recordable injuries were prevented. If a worker had a deep cut, it was washed, pinched shut, glued, and wrapped in duct tape. Three weeks later, the worker would either end up in the hospital with an infection or, by some miracle, the cut healed.

OSHA 1926.23, First aid and medical attention, generally requires the employer to ensure first aid, medical treatment, and medical facilities to manage employee injuries are readily available. OSHA 1926.50 also covers first aid and provides details about what each of these things must include. A common question that OSHA clarified in a letter of interpretation dated January 6, 2007, is what “readily available” means. It explained that this means within 3-5 minutes. The Agency clarifies the reasoning behind this, saying, “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.”

The most recent trending about first aid and medical attention has been stocking an EpiPen™ in a first-aid kit and using an automatic external defibrillator (AED) onsite. OSHA does discuss recordkeeping requirements when an EpiPen™ is used and encourages using an AED as a best practice, but it doesn’t have standards about these two things. Instead, state laws provide specific standards and guidance about them. This can be a challenge in the construction industry because the laws can vary significantly from state to state. Some states now allow certain entities to stock an EpiPen™ in their first-aid kit and regulate training, use, handling, and placement. State AED laws generally provide the same information but also discuss the state’s Good Samaritan Law. We recommend researching your local and state laws if you plan to use an EpiPen™ or AED at your jobsite.

Key to remember: Remember, your jobsite first aid supplies need to be “readily available.” This means that they should be accessible within 3-5 minutes.

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Most Recent Highlights In Environmental

2025-12-30T06:00:00Z

Aboveground storage tanks: SPCC integrity test FAQs

Integrity matters, especially when it’s the one factor standing between your aboveground storage container and the accidental release of thousands of gallons of oil. Consistently checking the structural soundness of aboveground storage tanks (ASTs) is vital to preventing spills and the potential related consequences.

Facilities covered by the Environmental Protection Agency’s (EPA’s) Spill Prevention, Control, and Countermeasure (SPCC) rule must inspect and test ASTs for integrity regularly. By comparing the test results, facilities can monitor changes in the condition of ASTs and determine whether it’s safe to keep using them.

Consider these FAQs about inspections and tests to help ensure your facility’s aboveground tanks are structurally sound.

What do industry standards have to do with integrity testing?

The answer in one word is everything. EPA’s SPCC rule requires facilities to regularly inspect and test ASTs in accordance with industry standards (40 CFR 112.8(c)(6)). The standards are technical guidelines that serve as the minimum practices accepted for inspections and tests.

The regulations require facilities to develop and implement an SPCC Plan to prevent, prepare for, and respond to oil spills. In the plan, facilities establish how they’ll conduct integrity inspections and tests for ASTs (referred to as bulk storage containers in the regulations). If your SPCC Plan states that the facility will use a specific industry standard for integrity inspections and tests, it must comply with all relevant parts of that standard.

In EPA’s Spill Prevention, Control and Countermeasure Plan (SPCC) Program Bulk Storage Container Inspection Fact Sheet, the agency references two industry standards frequently used for integrity inspections and tests:

American Petroleum Institute (API) Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction; and
Steel Tank Institute (STI) SP001, Standard for the Inspection of Aboveground Storage Tanks.

When should facilities conduct integrity tests?

EPA requires facilities to inspect or test ASTs for integrity:

On a regular schedule, and
Whenever you make material repairs.

Your facility must use industry standards to determine the types and frequency of inspections and tests needed. These considerations have to be based on the AST’s size, configuration, and design.

Who can conduct integrity tests?

Generally, industry standards mandate that certified individuals conduct integrity inspections and tests. The standards should describe the qualifications an individual must have to be considered certified. This may involve certifying individuals in your facility or hiring certified personnel.

What are the types of integrity inspections and testing?

The proper type of integrity inspection or test (which must be nondestructive) depends on the specific container and its configuration. Industry standards identify the type of inspection or test needed and may require using a combination of methods. Examples include:

Acoustic emissions testing,
Helium leak testing,
Hydrostatic testing,
Inert gas leak testing,
Liquid penetrant examinations,
Magnetic flux leakage scanning,
Magnetic particle examinations,
Radiographic testing,
Ultrasonic testing,
Ultrasonic thickness measurements,
Vacuum box testing,
Visual inspections, and
Weld inspections.

Industry standards may require your facility to establish baseline conditions for ASTs that haven’t undergone integrity testing or where such information isn’t available (e.g., when a business purchases a facility with ASTs). The baseline evaluation determines the container’s metal thickness, corrosion rates, and likely remaining service. Facilities then compare the results of subsequent integrity inspections and tests with the baseline data.

What are the recordkeeping requirements?

The SPCC rule requires facilities to maintain integrity inspection and test records (namely, comparison records) for at least 3 years. These records must be signed by the supervisor or inspector and kept with the SPCC Plan. Consider maintaining these records for the life of the AST, especially since many industry standards recommend it.

What’s a hybrid inspection program?

Sometimes, an alternative inspection program may be more appropriate than using an industry standard. If your facility and a certified Professional Engineer (PE) determine this to be the case, you can implement an environmentally equivalent inspection program. The SPCC rule also allows some facilities to replace certain parts of an industry standard with environmentally equivalent approaches.

However, these hybrid (site-specific) programs have additional regulatory requirements. A facility with a hybrid inspection program must include in the SPCC Plan:

A certification by the PE of the alternative program,
An explanation of why the facility isn’t using industry standards,
A comprehensive description of the alternative program, and
A description of how the alternative provides the same environmental protection as the relevant industry standard.

What about state requirements?

State and local AST regulations must be at least as stringent as EPA’s requirements. However, some may require additional or stricter compliance obligations. Verify AST rules with the state environmental agency.

Key to remember: Industry standards determine how a facility conducts integrity inspections and tests on aboveground storage tanks.

2025-12-19T06:00:00Z

Lamps, batteries, and fines: Fixing the 5 biggest universal waste mistakes

Let’s be honest, managing compliance is tough. But when it comes to Universal Waste (UW), items like fluorescent bulbs, used batteries, aerosol cans, and old thermostats can expose employers to fines without them even realizing it. Why? Because Universal Waste is the ultimate regulatory paradox. These items are still classified as hazardous waste, but the EPA created a streamlined rule set (40 CFR Part 273) to make recycling easier. The problem is that many employers assume "streamlined" means "ignorable." Fixing these problems is incredibly straightforward. By tackling the most common UW mistakes, you don’t just avoid penalties; you build a predictable, efficient, and cost-effective waste program.

Top 5 universal waste violations and how to avoid them

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

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

2025-12-17T06:00:00Z

Ripple effect: How data centers influence compliance strategies

The rapid growth of data centers creates new challenges for other regulated facilities. Expansion driven by artificial intelligence (AI) and cloud computing increases their impact on environmental compliance. Key areas include air permitting, attainment status, and regional power supply.

Data centers and air permitting

Data centers depend on backup power to stay online during outages. Most use natural gas or diesel generators. These units release pollutants such as nitrogen oxides and particulate matter. When many generators operate together, their potential emissions can push regions close to or beyond National Ambient Air Quality Standards (NAAQS). This shift can threaten local attainment status and make it harder for nearby facilities to get new permits.

What EPA is doing

On December 11, 2025, the Environmental Protection Agency's (EPA’s) Office of Air and Radiation launched the “Clean Air Act Resources for Data Centers” webpage. It provides regulatory guidance, permitting tools, and technical letters. The goal is to make air permitting for data centers faster and more transparent while protecting air quality.

Why this matters for other regulated facilities

Attainment status at risk

Large data centers add cumulative emissions from multiple generators. Even permitted emissions from nearby plants can combine and push an area into nonattainment. That change triggers stricter air permitting rules for everyone.

Power demand competition

Data centers use large amounts of electricity. They often need on-site generators or new grid connections. This can strain local power supplies. In some cases, grid operators give data centers priority during peak demand, leaving other facilities with less reliable power.

Stricter air quality modeling requirements

Some states now require detailed modeling for backup generators. For example, Illinois reviewed 34 generators for one data center before granting a permit. If modeling shows high emissions, regulators may limit operating hours or require extra controls.

Broader regulatory shifts

EPA recently updated its interpretation of New Source Review (NSR) rules. In September 2025, the agency said construction can start before full air permits are issued, as long as emission-related work waits for approval. This speeds up projects but makes it harder for neighboring facilities to predict cumulative emissions early.

What non-data center facilities should do

Stay informed

Watch for new data center projects in your area. Their emissions could affect your permits.

Engage early

Join public comment periods for data center permits. Push for full modeling of combined impacts.

Plan for power

Work with grid operators. Understand how demand-response programs and EPA’s “50-hour rule” for emergency generators affect your reliability.

Choose sites wisely

Consider locating new projects in areas with robust infrastructure and cleaner attainment status. Data centers might compete for the same grid upgrades or site approvals.

Key to remember: Data centers are more than tech hubs. They influence air permitting and power allocation. Their growth can affect your ability to expand, or even operate, under current compliance rules.

2025-12-11T06:00:00Z

Acid Rain Program compliance: SO2 vs. NOx

Did you know that the federal government regulates the power sector’s impact on rain? The Acid Rain Program limits the amount of sulfur dioxide (SO₂) and nitrogen oxides (NO_x) — the main causes of acid rain — that fossil fuel-fired electric generating units (EGUs) may emit. However, the SO₂ and NO_x reduction programs operate differently, and the ways that facilities can meet the SO₂ and NO_x limits are distinct.

It's essential to know the compliance options because facilities that don’t meet the SO₂ and NO_x standards must pay penalties for their excess emissions. And in November 2025, the Environmental Protection Agency (EPA) set higher penalties for the next two compliance years.

So, what are the differences?

Who’s affected?

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

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

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

SO2 reduction program

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

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

There are multiple compliance options. Facilities may:

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

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

NOx reduction program

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

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

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

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

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

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

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

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

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

Here are the formulas:

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

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

Factors	Penalty Per Ton	Total Penalties
Tons of excess SO₂ emissions: 10 Compliance year: 2025 Annual adjustment factor: 2.5265	$2,000 x 2.5265 = $5,053	$5,053 x 10 = $50,530
Tons of excess NO_x emissions: 5 Compliance year: 2026 Annual adjustment factor: 2.6001	$2,000 x 2.6001 = $5,200.20	$5,200.20 x 5 = $26,001

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

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

2025-12-05T06:00:00Z

EPA’s 2026 regulatory shift: How environmental managers can stay ahead

The clock is ticking for environmental teams. By 2026, several new EPA regulations will reshape compliance obligations for U.S. companies. Organizations that act now will avoid costly penalties and operational disruptions.

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.

Most Recent Highlights In Transportation

2025-12-05T06:00:00Z

EPA confirms oil, gas emissions compliance extensions

The Environmental Protection Agency (EPA) issued a rule on December 3, 2025, that finalizes compliance deadline extensions for certain emissions standards applicable to crude oil and natural gas facilities. The final rule also further delays compliance timelines for two requirements.

EPA’s delays affect:

The New Source Performance Standards for crude oil and natural gas facilities (40 CFR 60 Subpart OOOOb), and
The emissions guidelines (EGs) for crude oil and natural gas facilities (60 Subpart OOOOc).

EPA’s December 2025 final rule is a direct response to the interim final rule (IFR) it issued in July 2025.

The July 2025 IFR extended the compliance deadline for net heating value (NHV) monitoring of flares and enclosed combustion devices (ECDs) to November 28, 2025. The IFR moved the rest of the compliance deadlines to January 22, 2027, for:

ECD performance tests;
Cover and closed vent system requirements for no identifiable emissions (NIEs), including:
- Design and operation standards,
- Test methods and procedures, and
- Inspections.
Equipment leak repair requirements;
Phase two of zero-emission standards for process controllers;
Storage vessel requirements, including:
- Using potential emissions limits that qualify as legally and practicably enforceable,
- Triggering throughput-based modifications, and
- Using a 30-day period of production to calculate potential emissions.
Flare and ECD pilot flame rules, including:
- Ensuring the devices operate with a continuous pilot flame, and
- Installing and operating a system to send an alarm to the nearest control room when a pilot flame is unlit.
Implementation of the Super Emitter Program, and
Submission of state plans for implementing the updated EGs.

What’s the same?

EPA’s December 2025 final rule maintains the same compliance deadlines for all requirements delayed to January 22, 2027.

What’s different?

The agency’s December 2025 final rule sets a new compliance date of June 1, 2026, for the NHV monitoring requirements. This includes an alternative performance test (sampling demonstration) option for flares and ECDs.

Additionally, the rule moves the compliance date for annual reporting, establishing that no annual report is due before November 30, 2026. It gives owners and operators until November 30, 2026, to submit any reports that were originally due before this date. Note that the final rule specifies that annual reports due after November 30, 2026, must be submitted within 90 days of the end of each annual compliance period.

Key to remember: EPA’s final rule confirms deadline extensions for certain emissions standards that apply to crude oil and natural gas facilities. It also further delays a couple of the requirements.

2025-12-02T06:00:00Z

Minnesota requires air toxics emissions reporting in 7 counties

Effective date: October 6, 2025

This applies to: Facilities with air permits in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington

Description of change: The Minnesota Pollution Control Agency adopted new rules mandating that facilities with air permits (except for Option B registration permits) in the Minnesota counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington submit annual air toxics emissions reports. The covered toxics include certain hazardous air pollutants (HAPs), per- and polyfluoroalkyl substances (PFAS), and other pollutants of concern. Annual emissions reports on HAPs, PFAS, and other covered pollutants are due by April 1.

View related state info: Clean air operating permits — Minnesota

2025-12-02T06:00:00Z

Maine designates currently unavoidable uses of PFAS

Effective date: October 7, 2025

This applies to: All nonexempt new and unused products sold, offered for sale, or distributed for sale in Maine that contain intentionally added PFAS

Description of change: The Maine Department of Environmental Protection established designations for currently unavoidable uses of intentionally added per- and polyfluoroalkyl substances (PFAS) in products subject to sales prohibitions that start on January 1, 2026.

2025-12-02T06:00:00Z

Vermont updates drinking water rules

Effective date: January 1, 2026

This applies to: Public water systems

Description of change: The Vermont Department of Environmental Conservation made multiple changes to the Water Supply Rule. Some of the major amendments include:

Changes to the per- and polyfluoroalkyl substances (PFAS) regulations,
Additions to the contaminants covered by the rule, and
A new method to calculate the impact of PFAS mixtures.

2025-12-02T06:00:00Z

Utah adds emission units, source categories to air permit exemptions

Effective date: November 5, 2025

This applies to: Emission units and source categories that qualify for an air permit by rule

Description of change: The Utah Department of Environmental Quality added new emission units and source categories that qualify for air permits by rule that are exempt from the requirement to obtain an Approval Order (per R307-401-8).

New emission units added include:

Fuel storage tanks,
Abrasive blasting operations,
Degreasing operations,
Municipal solid waste landfills, and
Emergency engines.

New source categories added include:

Dry cleaners, and
Automotive refinishing sources.

View related state info: Clean air operating permits — Utah

Most Recent Highlights In Safety & Health

2025-12-02T06:00:00Z

Ohio amends composting requirements

Effective date: December 1, 2025

This applies to: Owners and operators of composting facilities

Description of changes: The Ohio Environmental Protection Agency amended the regulations that apply to composting facilities. Major changes include:

Registering the facility annually with the annual report (no fees associated),
Submitting the most recent plan view drawing with the annual report, and
Maintaining an operator in compliance with the new certification program requirements at the facility.

2025-12-02T06:00:00Z

Washington amends Clean Vehicles Program

Effective date: November 16, 2025

This applies to: Medium- and heavy-duty engine and vehicle manufacturers as well as heavy-duty internal combustion engine manufacturers

Description of change: The Washington State Department of Ecology amended the Clean Vehicles Program rules to incorporate changes made to the California Air Resources Board’s Advanced Clean Trucks and Heavy-Duty Vehicle and Engine Omnibus Low NO_x regulations. The changes ease compliance requirements for the heaviest vehicles.

2025-12-02T06:00:00Z

Indiana adopts permanent underground carbon sequestration regulations

Effective date: October 1, 2025

This applies to: Entities participating in permanent underground carbon dioxide storage projects

Description of the change: The rule establishes carbon sequestration project applicability and establishes regulations for:

Obtaining a carbon dioxide transmission pipeline certificate of authority,
Obtaining a carbon sequestration project permit,
Administrative and procedural processes for carbon sequestration projects and carbon dioxide transmission pipelines,
The ongoing responsibilities of storage operators, and
Records of a storage operator.

2025-12-02T06:00:00Z

Louisiana requires state forms for Title V permittees

Effective date: November 20, 2025

This applies to: Title V permit holders

Description of change: The Louisiana Department of Environmental Quality requires all Title V operating permittees to use standard department-approved forms to submit the:

Title V Semiannual Monitoring Report, and
Title V Annual Compliance Certification.

View related state info: Clean air operating permits — Louisiana

2025-12-02T06:00:00Z

California adopts emergency vehicle emissions regulations

Effective date: October 2, 2025

This applies to: Entities subject to CARB’s vehicle emissions regulations

Description of change: Congressional resolutions disapproved the waivers for the California Air Resources Board’s (CARB’s) Advanced Clean Cars II and Heavy-Duty Vehicle and Engine Omnibus Low NO_x (Omnibus) regulations.

Through an emergency rulemaking, CARB adopted the Emergency Vehicle Emissions Regulations, reinstating at a minimum earlier-adopted regulations displaced by Advanced Clean Cars II and Omnibus:

The Low-Emission Vehicle Regulation (LEV) III regulation and associated on-board diagnostic requirements, and
Medium- and heavy-duty regulations.

The regulation applies until litigation is resolved.

Regulated entities may follow either:

The LEV IV (part of Advanced Clean Cars II) or Omnibus standards, or
The LEV III and pre-Omnibus standards.

View related state info: Air programs — California Air Resources Board (CARB)

Most Recent Highlights In Human Resources

2025-12-02T06:00:00Z

Ohio extends expiration of Permit to Install

Effective date: November 13, 2025

This applies to: Owners and operators of wastewater treatment systems and businesses that install sanitary sewers

Description of changes: The Ohio Environmental Protection Agency amended the Permit to Install (PTI) program rules, which regulate the design and installation of wastewater conveyance and treatment systems. Most notably, the department extended the expiration date of PTIs from 18 months to start construction to 60 months to start construction. The amendments also exempt boat wash marinas and force mains serving one structure from PTIs.

View related state info: Industrial water permitting — Ohio

2025-12-02T06:00:00Z

Florida allows reciprocity for water system operator licensing

Effective date: November 6, 2025

This rule applies to: Out-of-state licensed treatment plant operators and distribution system operators

Description of change: The Florida Department of Environmental Protection adopted rules to:

Implement licensure reciprocity, allowing the department to issue licenses by reciprocity to water treatment, domestic water treatment, and water distribution system operators with out-of-state licenses; and
Allow the department to issue temporary operator licenses during a declared state of emergency to out-of-state licensed treatment plant and distribution system operators during a declared state of emergency.

2025-12-02T06:00:00Z

Louisiana adds aerosol cans to universal waste program

Effective date: November 20, 2025

This applies to: Owners and operators of all facilities that generate, transport, treat, store, or dispose of hazardous waste

Description of change: The Louisiana Department of Environmental Quality added hazardous waste aerosol cans to the universal waste program. The program streamlines hazardous waste management requirements and is identical to the federal universal waste requirements for aerosol cans.

View related state info: Universal waste — Louisiana

2025-12-02T06:00:00Z

Pennsylvania reissues NPDES General Permit for mining

Effective date: March 28, 2026

This applies to: Mining operations with stormwater discharges

Description of change: The Pennsylvania Department of Environmental Protection reissued the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Associated with Mining Activities (BMP GP-104). Mining operation sites must obtain an NPDES permit to discharge stormwater if the site has expected or potential stormwater runoff discharges.

The new permit made one substantial change to clarify that entities covered under this general permit must meet the 2-year, 24-hour event design standards at 25 Pa. Code Chapter 102. The BMP GP-104 takes effect on March 28, 2026, and expires on March 27, 2031.

View related state info: Industrial water permitting — Pennsylvania

2025-11-25T06:00:00Z

Annual HFC report: First submissions due March 2026

What do the manufacturers of hairspray cans, foam wall insulation, and ice cream machines have in common? If their products contain hydrofluorocarbons (HFCs), they have to report annually on the HFCs they use, and the first report due date is quickly approaching! Through the Technology Transitions Program, the Environmental Protection Agency (EPA) regulates HFCs used for new products and equipment in three sectors: aerosols, foams, and refrigeration, air conditioning, and heat pumps (RACHP). Among other compliance requirements of the 2023 Technology Transitions Rule, manufacturers and importers of HFC-containing products and equipment must submit annual reports.

Note: EPA’s October 2025 proposed rule to amend the 2023 Technology Transitions Rule doesn’t impact annual reporting requirements.

Use this overview to help you determine whether your business needs to report and, if so, what’s required.

Who reports?

Annual reporting applies to manufacturers and importers of products and equipment that use HFCs. An organization has to submit an annual report if:

It manufactures or imports a product or component within a regulated sector or subsector (see 40 CFR 84.54), and
The product or component uses or will use a regulated HFC or HFC blend.

Reporting requirements apply to manufacturers and importers in all sectors and subsectors, and they start with data from calendar year 2025. The first annual report is due to EPA by March 31, 2026.

Note that the annual reporting requirements don’t apply to entities that only:

Sell or distribute equipment, or
Install or operate new RACHP systems.

What’s reported?

In each annual report, covered manufacturers and importers must provide:

The entity’s name and address;
The entity’s contact person, the contact's email address, and the contact's phone number;
The calendar year covered by the report and the submission date;
All applicable North American Industry Classification System (NAICS) codes; and
A statement certifying that the data is accurate and that the products use HFCs or HFC blends in compliance with the use restrictions and labeling requirements.

Entities in all three sectors also have to report the total mass in metric tons of each HFC or HFC blend contained in all products and components manufactured, imported, and exported annually.

Further, sector-specific standards apply.

Sector	Requires additional information for:	See 40 CFR:
Aerosol	Sets of products with the same HFC combination and quantity	84.60(a)(5)
Foam	Sets of products (excluding foam-blowing containers) with the same HFC density and identity Containers or foam-blowing products with foam-blowing agents	84.60(a)(4)
RACHP	Sets of products or components with the same charge size and HFC combination Products or components with HFC-containing closed-cell foam	84.60(a)(3)

How’s the report submitted?

According to the latest information shared by EPA in the “Technology Transitions Program: What You Need to Know for January 1, 2025” webinar presentation, the agency is still designing the electronic platform for submitting annual reports. EPA plans to provide reporting instructions and forms before the upcoming deadline.

About the 2023 Technology Transitions Rule

HFCs are greenhouse gases that were developed to replace ozone-depleting substances for use in various products and equipment (primarily refrigeration and air-conditioning systems). The American Innovation and Manufacturing Act of 2020 gives EPA the authority to address HFCs by:

Phasing down production and consumption through the HFC Allowance Allocation Program,
Implementing restrictions on HFC use in specific sectors, and
Developing regulations to maximize the reclamation and minimize the release of HFCs from equipment.

The 2023 Technology Transition Rule established the Technology Transitions Program to restrict HFC uses in sectors and subsectors where lower global warming potential (GWP) technologies are or will soon be available. The regulations apply to manufacturers (including importers), exporters, sellers, distributors, and installers of systems or products in covered sectors that use HFCs.

What about the proposed changes to the 2023 Technology Transitions Rule?

On October 3, 2025, EPA proposed a rule to amend the existing 2023 Technology Transition Rule. However, the proposed changes don’t affect the annual reporting requirements for manufacturers and importers. All covered manufacturers and importers must submit the annual report by March 31, 2026.

The proposed rule impacts specific subsectors, including refrigerated transport, industrial process refrigeration, chillers, retail food (for supermarkets and remote condensing units), cold storage warehouses, and stationary residential and light commercial air conditioning and heat pumps. EPA proposes to:

Exempt certain intermodal containers transporting cargo at very cold temperatures;
Extend compliance dates for industrial process refrigeration used in semiconductor manufacturing;
Raise global warming potential thresholds for remote condensing units, supermarket systems, and cold storage warehouses;
Extend compliance dates for refrigerated centrifuges and laboratory shakers; and
Allow existing residential and light commercial air-conditioning and heat pump equipment (i.e., manufactured or imported before January 1, 2025) to continue to be installed.

Key to remember: The first annual reports required by the Technology Transitions Program for manufacturers and importers of HFC-containing products and equipment are due by March 31, 2026.

Most Popular Highlights In Environmental

2025-03-19T05:00:00Z

EPA announces major regulatory reviews, overhauls

The Environmental Protection Agency (EPA) announced on March 12, 2025, that it’s taking 31 actions to advance President Trump’s Day One executive orders and the recently announced “Powering the Great American Comeback” Initiative. The agency’s actions will likely impact environmental regulations across various industries.

Rules under review

EPA will reconsider an assortment of rulemakings, including:

The Clean Power Plan 2.0 (which sets carbon dioxide emission limits on new gas-fired combustion turbines and emissions guidelines for existing coal, oil, and gas-fired steam generating units),
Oil and gas emission limits for new and existing sources (40 CFR Part 60 Subparts OOOOb and OOOOc),
The Greenhouse Gas (GHG) Reporting Program (GHGRP) for petroleum and natural gas systems (Part 98 Subpart W),
The GHGRP overall (Part 98),
Mercury Air Toxics Standards for coal- and oil-fired power plants (Part 63 Subpart UUUUU),
Effluent limitation guidelines (ELGs) for the steam electric power generating industry (Part 423),
Treated wastewater use and discharge for coal-fired power plants (Part 435 Subpart E),
The Risk Management Program rule (Part 68),
Vehicle GHG rules (including the light-, medium-, and heavy-duty vehicle regulations),
The 2009 Endangerment Finding (relied on for seven federal vehicle rules) and related regulations and actions (Chapter I),
The Technology Transition Rule for refrigerant systems (Part 84 Subpart B),
The National Ambient Air Quality Standards for fine particulate matter, or PM_2.5 (Parts 50, 53, and 58),
The National Emission Standards for Hazardous Air Pollutants (Part 63) for:
- Iron and steel manufacturing,
- Rubber tire manufacturing,
- Synthetic organic chemical manufacturing,
- Commercial sterilizers for medical devices and spices,
- Lime manufacturing,
- Coke ovens,
- Copper smelting, and
- Taconite ore processing.
The Exceptional Events rulemaking related to allowing prescribed fires within State Implementation Plans, or SIPs (Parts 50–51),
The Regional Haze Program implementing regulations (51.308), and
The Good Neighbor Plan (Parts 52, 75, 78, and 97).

The agency will also take other actions, such as:

Working with the U.S. Army Corps of Engineers to finalize the definition of “waters of the United States” related to Clean Water Act permits,
Updating enforcement discretion by revising the National Enforcement and Compliance Initiatives, and
Prioritizing the coal ash program to expedite state permit reviews and update the coal ash regulations (including amending the Legacy Coal Combustion Residuals Surface Impoundments and CCR Management Units rule).

About EPA’s new initiative

In February 2025, the agency announced the Powering the Great American Comeback Initiative, which outlines EPA’s priorities. The initiative consists of five pillars:

Clean air, land, and water;
Restore energy dominance;
Permitting reforms, cooperative federalism, and cross-agency partnership;
Make the U.S. the artificial intelligence capital of the world; and
Protect and bring back American auto jobs.

EPA’s 31 actions will primarily address the first three pillars.

Key to remember: EPA will reconsider major rulemakings that may impact a variety of industries.

EHS Monthly Round Up - March 2025

In this March 2025 roundup video, we'll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s get started!

Ladders were the cause of over 22,000 workplace injuries and 161 deaths in 2020. Each March, the American Ladder Institute promotes ladder safety awareness with the goal of reducing ladder-related injuries and fatalities. Every Step Matters was the theme of this year’s National Ladder Safety Month.

Stand Up 4 Grain Safety Week kicked off on March 24. This annual event brings attention to preventable grain handling hazards and promotes safety in this high-hazard industry.

Federal agencies must review their regulations and report back to the White House by April 20. The priority is on “significant” rules, generally considered to be those with an annual effect on the economy of 100 million dollars or more. Once the regulations have been identified, the Office of Management and Budget and the Department of Government Efficiency will work with agency leaders to create a plan for rescinding or modifying the regulations and begin winding down their enforcement.

A highwall fatality at a surface mine prompted the Mine Safety and Health Administration to issue a safety alert. It outlines what miners should do to prevent similar incidents, including looking for hazards such as loose rocks and overhangs before beginning work.

The American Society of Safety Professionals revised its construction training standard. It outlines training requirements for new hires in construction and demolition operations, site procedures, regulatory compliance, and more.

And finally, turning to environmental news, EPA will reconsider a number of major rulemakings that may impact a variety of industries. This is in response to an executive order that federal agencies review their regulations. Among the rules under consideration include those related to clean power, oil and gas emission limits, greenhouse gas reporting, and risk management.

EPA’s Waste Emissions Charge on petroleum and natural gas facilities with high methane emissions is no longer in effect. The rule initially took effect in January and was then disapproved by Congress on March 14.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

2025-01-30T06:00:00Z

California readopts conditional undeployed airbag waste exemption

Effective date: December 5, 2024

This applies to: Airbag waste handlers and collection facilities

Description of change: This emergency readoption adds definitions for “airbag waste,” “airbag waste collection facility,” and “airbag waste handler.” It also gives airbag waste handlers a conditional exemption for transporting airbag waste to the waste collection facility.

View related state info: Solid and hazardous waste - California

2025-01-22T06:00:00Z

EPA updates TSCA Chemical Substances Inventory

The Environmental Protection Agency (EPA) released the biannual update of the nonconfidential Toxic Substances Control Act (TSCA) Chemical Substance Inventory (TSCA Inventory) on January 17, 2025. It includes all nonexempt chemical substances manufactured, processed, and imported in the U.S. that TSCA regulates.

Please note that the nonconfidential TSCA Inventory contains no chemical identities claimed as confidential business information, so it’s not a comprehensive list. The TSCA Master Inventory File is the only complete list.

How does this impact my facility?

The TSCA Inventory helps facilities determine TSCA’s regulatory requirements for the chemicals they use or plan to use. Chemicals on the list (i.e., “existing chemicals”) may be subject to rules such as reporting requirements and manufacturing limits. Chemicals not on the list (i.e., “new chemicals”) have specific notification and review requirements before they can be used.

About the updated TSCA Inventory

The TSCA Inventory has 86,847 chemicals, and 42,495 of these chemicals are active (i.e., in use). EPA also updated commercial activity data as well as regulatory flags that indicate:

A chemical is subject to a rule or order restricting manufacturing or use, and/or
A chemical has a partial or full exemption from TSCA reporting rules.

EPA plans to release the next updated TSCA Inventory by Summer 2025.

How to access the TSCA Inventory

You can download the nonconfidential TSCA Inventory from EPA’s website or view it online via the agency’s Substance Registry Services (search by list).

Key to remember: EPA updated the nonconfidential TSCA Inventory, including regulatory flags that indicate certain regulatory restrictions and/or reporting exemptions.

2023-06-09T05:00:00Z

Safety compliance is just an app away!

According to OSHA, “If you focus on achieving goals, monitoring performance, and evaluating outcomes, your workplace can progress along the path to higher levels of safety and health achievement.” Workplace safety apps can help.

Mobile safety apps are great resources for both employers and workers. They can help track hazards and perform inspections, identify exposures, and report incidents fast and efficiently. Many apps are available for any kind of mobile device, are free to download, and are applicable to a variety of industries.

OSHA/NIOSH Heat Safety Tool

The OSHA/NIOSH Heat Safety Tool automatically calculates the real-time Heat Index based on the worker’s current location and displays temperature and humidity percentage. The app provides protective measures for the risk level and can track hourly temperatures to prevent heat stress. The Heat Safety Tool also provides symptoms of heat-related illnesses and first aid steps, including hydration and reminders to take rest breaks.

Need more information on the Heat safety? See our ezExplanation on Heat Stress.

NIOSH PPE tracker

The NIOSH PPE tracker helps employers seamlessly track and log personal protective equipment (PPE) information. It allows for the recording and analysis of facility types where PPE is used as well as daily inventories. Reports generated from the app help with the management and procurement of PPE.

NIOSH Pocket Guide to Chemical Hazards

The NIOSH Pocket Guide to Chemical Hazards app allows worksite chemicals to be searched to better identify properties, storage and use requirements, and required PPE. Information provided by the app clarifies industrial hygiene information and recommendations for respirator use, symptoms of exposure, and first aid.

NIOSH Sound Level Meter app

The NIOSH Sound Level Meter (SLM) app was developed by acoustics engineers and hearing loss experts to help workers better understand their noise environment and hearing health. The SLM measures sound levels in the workplace and uses a built-in microphone to identify noise levels that are considered hazardous. Information can be shared as HTML or PDF reports that help determine proper protective equipment and implement controls to combat hearing loss.

NIOSH Ladder Safety

The NIOSH Ladder Safety app guides workers through important safety information when selecting and using a straight/extension or step ladder. From ladder setup, inspection, and safe use, workers are provided with the information they need to safely use ladders on the job.

NIOSH Lifting Equation Calculator (NLE Calc)

The NIOSH Lifting Equation Calculator (NLE Calc) provides quick and easy calculation of Lifting Index (LI) and Composite Lifting Index (CLI). These indexes are based on information the user provides about the job such as hand location, load weight, and frequency and duration of the lift. The app gives recommendations for safe lifting before the lift is even started.

NIOSH Mast Climbing Work Platform Safety Tool

The NIOSH Mast Climbing Work Platform (MCWP) safety tool is an inspection app that assists construction workers to safely use elevating equipment when working at heights. The app helps workers identify hazards and helps employers and safety professionals with training and compliance.

American Red Cross Workplace First Aid Safety App

The American Red Cross First Aid app provides instant access to lifesaving information from experts. Employees can use the app as a reminder of how to handle common first aid situations and stay prepared for various emergencies using videos and interactive quizzes. The ARC Workplace Safety app also allows calls to 911 directly from the app to summon emergency assistance.

ErgoMine Audit Tool

The ErgoMine ergonomics audit tool is designed specifically for mining hazards such as slip, trip, and fall hazards; musculoskeletal disorder (MSD) risks, and management of identified safety deficiencies. Audits are available for bagging, haul truck, and maintenance and repair operations at surface mining and processing facilities. Based on audit entries and checklists responses, the tool provides recommendations for remediating hazards and making ergonomic improvements.

Keys to remember

Ensuring workplace safety is a never-ending endeavor. Employers can benefit from workplace safety apps designed to monitor and evaluate hazards in the workplace. Check out the free apps mentioned above to see how it can benefit your workplace.

2025-03-25T05:00:00Z

Congress disapproves EPA's excess methane fees on oil, gas facilities

A joint Congressional resolution disapproved the 2024 Final Waste Emissions Charge (WEC) Rule on oil and gas facilities with high methane emissions. The Environmental Protection Agency (EPA) announced that the regulation, which initially took effect on January 17, 2025, is now no longer in effect.

Who’s impacted?

The WEC rule applied to facilities in the Petroleum and Natural Gas Systems category that:

Report emitting more than 25,000 metric tons of carbon dioxide equivalent per year to the Greenhouse Gas Reporting Program (or GHGRP),
Exceed specific waste emissions thresholds, and
Qualify for no exemptions.

Facilities that were subject to the rule are no longer required to comply (i.e., submit WEC filings by September 2, 2025).

What’s next?

EPA stated it’s “currently evaluating options and obligations for implementing Clean Air Act Section 136(c–g) and will provide additional information to the regulated community at an appropriate time."

Section 136, added by the Inflation Reduction Act of 2022, mandates that EPA implement a methane reduction incentive program for petroleum and natural gas systems, including imposing and collecting a WEC on methane emissions above waste emissions limits.

The disapproval occurred on March 14, 2025, just two days after the agency announced 31 deregulatory actions it plans to take.

Key to remember: EPA’s Waste Emissions Charge on petroleum and natural gas facilities for excess methane is no longer in effect.

Most Popular Highlights In Transportation

2023-07-18T05:00:00Z

What emergency equipment do Canadian carriers need in the vehicle?

Driving a truck can be a dangerous profession at times, so it’s crucial to prepare for emergencies. Emergency equipment will help keep your drivers safe on the road. But what’s required to be in the vehicle? According to Transport Canada, there are no federal regulations relating to the emergency equipment required for your standard, everyday commercial motor vehicles in Canada. However, the National Safety Code (NSC), requires carriers to ensure that their vehicles meet maintenance and performance standards as prescribed in the standards. Carriers also have a duty to comply with jurisdictional health and safety legislation pertaining to the workplace. Even though there may not be detailed federal regulations in place, and the requirements can vary among Canadian jurisdictions, you still need to ensure your drivers have what they need in an emergency. Plus, if your drivers are operating across the U.S.-Canadian border, they may need additional equipment while in the United States.

What do your drivers need?

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

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

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

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

When to take the necessary action

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

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

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

What about south of the border?

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

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

Other considerations

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

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

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

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

2025-12-19T06:00:00Z

3 hot FMCSA DQ topics for 2026: Watchouts and common questions

The Federal Motor Carrier Safety Administration (FMCSA) continues to tighten driver qualification (DQ) standards for carriers and drivers. Three areas stand out for 2026:

Commercial driver’s license (CDL) medical certification integration,
English language proficiency (ELP) enforcement, and
Non-domiciled CDL rule changes.

Each area brings challenges and questions for carriers striving to keep drivers qualified and avoid costly out-of-service (OOS) violations.

1. CDL medical certification integration

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

Alaska
California
Kentucky
Louisiana
New Hampshire
New Jersey
New York
Oklahoma

Key watchouts:

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

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

Common questions:

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

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

No, if outside the waiver or lacking required paperwork.

Will medical information transfer if a driver changes states?

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

How are medical exemptions handled?

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

2. ELP enforcement

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

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

Key watchout:

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

Common questions:

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

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

Can another driver rescue the truck?

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

How can carriers ensure new hires meet ELP standards?

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

3. Non-domiciled CDL rule changes

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

Key watchouts:

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

Common Questions:

What documents are required?

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

What should carriers do during the pause?

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

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

2025-12-23T06:00:00Z

2025 FMCSA year in review

As expected under the new Trump administration — and despite having an extensive wish-list — the Federal Motor Carrier Safety Administration (FMCSA) took few significant rulemaking actions in 2025.

Nevertheless, the year brought a crackdown on noncompliance, at least one significant compliance deadline, several policy changes, and numerous rulemaking proposals that are still in the works.

Here’s a recap of the biggest news of the year related to motor carrier safety regulations. Note that many changes had merely been proposed and were not yet finalized as of late December.

Jan. 8: The FMCSA announced plans to launch a study of the effectiveness of warning devices for stopped vehicles, particularly in light of advances in automated driving systems.
Jan. 16: The FMCSA granted a five-year exemption allowing an alternative path for individuals to become qualified to perform brake and annual vehicle inspections, if they have completed a training course using a curriculum consistent with one developed by the American Trucking Associations' Technology and Maintenance Council.
March 31: New medical certification forms went into effect, with an “expiration” date of 3/31/2028 in the upper corner. Medical examiners were allowed to use up their existing stock of older forms.
April 3: As part of the Trump administration’s push to roll back regulations, the DOT asked for public input on regulations that may be ripe for removal.
May 9: Driver files could become a little lighter at the three-year anniversary of the removal (on May 9, 2022) of a requirement that drivers provide an annual list of their traffic violations. Since the lists only needed to be kept for three years, there’s no longer a need for any files to include them.
May 20: A new enforcement policy directed that all roadside inspections include a two-part English proficiency test and that drivers be placed out of service starting June 25 if they fail the test.
May 30: In response to a presidential directive to cut regulations, the FMCSA published a whopping 18 proposals taking aim at a broad range of requirements, albeit with minimal impact. As of late December, none of the proposals had been finalized.
June 23: About a dozen states failed to meet the June 23 deadline to process medical certification information electronically, leading the FMCSA to issue a waiver that extended into January 2026, allowing drivers and motor carriers to rely on paper medical cards for up to 60 days.
June 25: The May 20 enforcement policy on English proficiency went into effect, directing that drivers be placed out of service if they cannot meet the English proficiency standard. Thousands of drivers were impacted by year’s end.
June 27: The FMCSA announced plans to launch two new pilot programs to study potential changes to the hours-of-service rules, including changes to the split-sleeper option and allowing drivers to pause the 14-hour limit with a short break.
June 27: A nationwide audit of states issuing non-domiciled commercial licenses was launched. By year’s end, California, Colorado, New York, and Pennsylvania were highlighted as being out of compliance.
July 1: The FMCSA announced that it was working on a DataQs appeals process and sought public input through the end of August. By year's end, no changes had been finalized.
July 24: The FMCSA officially withdrew an effort to require speed limiters on heavy trucks, citing policy, safety, and data concerns.
July 27: The Compliance, Safety, Accountability (CSA) program was updated with 38 new violations and changes to the way English proficiency violations are recorded.
Sept. 2: The DOT proposed several changes to its drug testing rules in Part 40, including the addition of fentanyl to the testing panel. The changes have not yet been finalized.
Sept. 29: A new rule placed restrictions on who is eligible to obtain a non-domiciled commercial driver’s license (but see Nov. 13).
Sept. 30: As of October, the FMCSA announced that it is no longer accepting checks or cash payments for any fines or fees.
Nov. 13: A federal appeals court placed an indefinite “stay” on the Sept. 29 licensing rule. In response, the FMCSA said it would revisit the rule in 2026. On Dec. 3, the court required the FMCSA to provide it with updates every 90 days beginning March 3, 2026.
Nov. 17: The FMCSA renewed an exemption that allows the installation of auxiliary pulsating brake lamps on dry-van trailers and box trucks.
Dec. 1: The FMCSA announced the launch of Motus, its new unified registration system. All customers will be granted access to the system in early 2026.
Dec. 1: The FMCSA launched a new vetting process for electronic logging device (ELD) applications in an effort to keep noncompliant devices off the Registered ELD list.
Dec. 1: The FMCSA announced the removal of nearly 3,000 entry-level driver training providers from its Training Provider Registry. Another 4,500 were notified of potential noncompliance.
Dec. 8: Another three ELDs were added to the “revoked” list, bringing the year’s total to 28 revoked devices, the most in any one year since ELDs were first required.

Key to remember: Though light on regulation changes, 2025 nevertheless brought several impactful actions from the FMCSA and U.S. DOT.

2025-12-17T06:00:00Z

Cabotage: What foreign drivers cannot do

For transportation professionals employing drivers with B-1 visas, understanding where international commerce ends and domestic restrictions begin isn’t just smart business, it’s essential to avoid costly penalties and keep operations on the road.

What is cabotage?

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

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

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

Know the limits

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

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

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

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

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

Caution: Customs AND Immigration rules apply

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

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

To demonstrate compliance:

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

Prohibited activities

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

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

Consequences

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

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

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

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

2024-09-19T05:00:00Z

Your HUT decals are expiring: Registration open Oct. 1

For carriers operating in New York, registration and decals expire December 31, 2024, for the Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) programs. Take steps now to make sure you receive your new decals before the current ones expire. You need a new certificate of registration and decal for each vehicle. And you must place the new decals on your vehicles before January 1, 2025.

The period to renew your 24th series HUT and AFC certificates of registration begins October 1, 2024. Act now to avoid delays and keep your highway use tax credentials active.

To-do before October 1

Get ready for renewal by taking the following steps now:

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

Beginning October 1

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

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

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

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

To renew your registration:

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

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

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

2022-08-29T05:00:00Z

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

The 150 air-mile exemptions, which are in the regulations at 395.1(e)(1) and (2), allow a driver to use a time record in place of a log, provided that certain conditions are met. While this is possibly the most widely used hours-of-service exemption, it may be the most commonly misused exemption, as well.

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.

Need more info? View our ezExplanation on the 150 air-mile exception.

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!

Most Popular Highlights In Human Resources

2025-12-16T06:00:00Z

Blanket drug policies and methadone questions can get employers into trouble

A blanket policy against drug use might sound like a simple way to keep abuse out of the workplace, but doing it the wrong way can land a company in trouble.

A concrete and construction company recently learned about the problems these policies can cause when its practice of refusing to hire applicants who used methadone brought a lawsuit from the Equal Employment Opportunity Commission (EEOC).

Prohibiting methadone raises issues

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

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

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

No methadone = disability discrimination

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

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

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

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

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

Treating methadone use the right way

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

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

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

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

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

2025-12-23T06:00:00Z

Be ready to welcome 2026 with state labor law poster updates

When the new year arrives, so do updated state labor law posters. To comply with posting regulations, display these revised postings on January 1:

Arizona: Minimum Wage
California: Minimum Wage
Colorado: Minimum Wage
Connecticut: Minimum Wage
Maine: Minimum Wage
Massachusetts: Paid Family and Medical Leave
Minnesota: Minimum Wage, Paid Leave
Missouri: Minimum Wage
Montana: Minimum Wage
New Jersey: Minimum Wage
New York: Minimum Wage
Ohio: Minimum Wage
Pennsylvania: Veteran Benefits and Services
Rhode Island: Minimum Wage
South Dakota: Minimum Wage
Vermont: Minimum Wage
Virginia: Minimum Wage
Washington: Minimum Wage, Paid Family Leave

In addition, the District of Columbia also has a New Year’s Day update. Employers there must post the latest version of the Paid Family Leave posting.

Employers in Montana, South Dakota, Virginia, and Washington should note that a minimum wage poster isn’t required under the law. However, the states make a posting available, and it’s a good idea to inform employees of the rate currently in effect.

Other changes on the way

Mandatory posting changes take place throughout the year. Here are a few more to watch for in early 2026:

Alaska: Safety and Health Protection on the Job (effective February 1)
Colorado: FAMLI (expected to be released in January)
Nevada: Safety and Health Protection on the Job (effective January 15)
New Jersey: Captive Audience Meetings (effective December 2; not yet available)
Oregon: Paid Leave (effective January 1; may be updated in January or with the state’s mid-year posting revisions)

Key to remember: Minimum wage updates and other regulatory changes require employers to display updated state labor law posters in January.

2024-08-28T05:00:00Z

When to skip a PIP and move to terminate an employee

The U.S. Bureau of Labor statistics reported in July 2024 that there are 8.2 million job openings in the U.S., but only 7.2 million unemployed workers.

With that in mind, employers might choose to hang onto employees even if they’re under performing. But what about when complaints are rolling in from different angles? Take, for example, a lackluster supervisor who’s annoying employees and disappointing customers.

An employer could be hesitant to let the supervisor go, especially if there’s no documentation backing up claims of misconduct. The employer must weigh their options to decide if putting the supervisor on a performance improvement plan (PIP) or moving right to termination is the ideal choice.

At-will employment

For starters, in most states employers may terminate an employee at-will, meaning they can fire employees for pretty much any reason as long as it doesn’t discriminate against someone in a protected class based on sex, age, race, religion, etc. Employers also cannot terminate in retaliation for an employee making a claim of harassment, discrimination, or safety concerns.

Aside from these limits, employers can terminate employees for good cause, bad cause, or no cause at all.

PIP or terminate

Deciding whether to put an employee on a PIP or terminate must be decided on a case-by-case basis.

A PIP is usually for job performance issues (hence, performance improvement plan). This could mean anything from not making enough sales to being inept at the job’s essential functions. If job performance doesn’t improve under the PIP, termination may be the end result depending on company policies and practices.

Even if an employee has job performance issues, the employer can terminate without going through the PIP process first, unless the usual process is to implement a PIP with employees who have had similar problems. In that case, not doing a PIP could be seen as discrimination against an employee, especially if the person falls into a protected class.

Workplace misconduct, however, is another situation altogether. This could be anything from a one-off poor joke to pervasive harassment. Snapping at customers or coworkers (or worse), for example, is a conduct issue. An employer could issue a warning or move right to termination if the behavior is clearly illegal or a serious threat to workplace safety.

Read more: ezExplanation on discharging employees

Termination tips

If an employer decides to terminate, they should treat the employee as respectfully as possible during the termination process. Also, an employer should carefully and clearly communicate the job-related reasons for the termination to avoid any hint of discrimination. Lastly, an employer should document the reasons and reiterate the steps taken leading up to the termination and keep those records handy in case the employee files a wrongful termination lawsuit.

Key to remember: Employers sometimes struggle when making termination decisions. Having a process in place and documenting steps along the way can help if a case lands in court.

2023-10-25T05:00:00Z

California enacts reproductive loss leave law

Effective January 1, 2024, California employers with five or more employees will need to provide leave for another reason — reproductive loss. California is the second state to enact a law for this reason, following Illinois.

Employees are eligible to take the leave if they have worked for the employer for at least 30 days before leave begins. Employees may take up to five days, which can be intermittent, of reproductive loss leave.

What qualifies for leave?

Employees may take the leave for “a reproductive loss event,” which means the day, or for a multiple-day event, the final day of:

A failed adoption (the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that isn’t finalized because another party contested it. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed).
A failed surrogacy (the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy).
A miscarriage (by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy).
A stillbirth (resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth).
An unsuccessful assisted reproduction (an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy).

What are the leave terms?

Signed into law on October 10, the law requires that employees take the leave within three months of the event, with some exceptions, and pursuant to any existing company leave policy.

If an employee experiences more than one reproductive loss event within a 12-month period, employers don’t have to grant a total amount of reproductive loss leave time in excess of 20 days within a 12-month period.

If employers don’t have an existing policy, the reproductive loss leave may be unpaid. Employees may, however, choose to use certain other leave balances otherwise available, including accrued and available paid sick leave.

Employers may not retaliate against employees for taking the leave, giving information about the leave, or making a formal statement regarding the leave.

Employers must maintain employee confidentiality relating to reproductive loss leave.

Key to remember: The state employee leave law trend continues, and for more diverse leave reasons. Employers with employees in California must be aware of this new leave law that is effective January 1, 2024.

2022-11-18T06:00:00Z

FMLA — What does (and doesn’t) count toward 1,250 hours worked?

Employers sometimes get tripped up on how to calculate the 1,250 hours worked eligibility criterion when employees need leave under the Family and Medical Leave Act (FMLA).

Does working overtime count toward the 1,250?

Recently, someone asked if overtime hours counted toward the 1,250 hours worked requirement (it does).

All hours actually worked apply to the 1,250, whether overtime or regular time, even if the overtime is not mandatory.

The 1,250 hours is calculated in relation to when the leave will begin, not when the employee puts an employer on notice of the need for leave.

Whether an employee is allowed to work overtime, however, is generally up to company policy. As far as pay goes, remember, if the employee is nonexempt (“hourly”) and works any overtime (mandatory or voluntary) the employee must be paid time and one-half for all hours worked over 40 within the workweek.

More about FMLA leave requirements

To be eligible to take FMLA leave, employees must:

Have worked at least 1,250 hours in the 12 months before leave is to begin,
Have worked for their employer at least 12 months, and
Work at a location with at least 50 company employees within 75 miles.

Whether an employee has worked the minimum 1,250 hours is calculated based on determining compensable hours or work under the Fair Labor Standards Act (FLSA).

Calculating the 1,250 hours worked

When it comes to figuring out if an employee has worked at least 1,250 hours, it can get tricky. As was mentioned above, all hours worked, regular and overtime, must be counted.

Hours not worked should not be counted. The “not worked hours” include such time off as vacation time, sick leave, paid or unpaid holidays, or any other time in which an employee isn’t actually working — which can include disability, bereavement, FMLA and other forms of leave.

Once an employee meets the three eligibility criteria, including the 1,250 hours worked, for a particular leave reason, the employee remains eligible for the duration of the 12-month leave year period.

If the employee needs leave for another, different reason, eligibility would be recalculated.

Key to remember: All hours worked must be included in the 1,250 hours criterion when determining whether an employee is eligible for FMLA leave. Hours that aren’t worked (like vacation) are not included.

2025-12-22T06:00:00Z

6 steps of the ADA’s Interactive Process26

The Family and Medical Leave Act (FMLA) isn’t the only federal law employers must consider if an employee needs time off for their own condition. They might have to think about how the Americans with Disabilities Act (ADA) applies to situations.

Under the ADA, when an employee asks for a workplace change because of a medical condition, employers’ ADA obligations are generally triggered, including engaging in what’s known as an interactive process with the employee. Employers must include the employee in this process.

The objective of this discussion is to identify a reasonable and effective accommodation that enables the employee to perform the essential functions of their job.

6 steps

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

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

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

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

Most Popular Highlights In Safety & Health

2025-12-18T06:00:00Z

Cold weather, wind chill, and PPE…Oh My!

Cold environments brings hazards ranging from slips and falls to cold stress injuries like hypothermia, frostbite, and trench foot. Working in cold conditions can be uncomfortable and potentially very dangerous. The most effective way to protect workers is by following the hierarchy of controls, starting with strategies that eliminate or reduce exposure before relying on personal protective equipment (PPE).

Employer responsibilities and worker exposure

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

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

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

Applying the hierarchy of controls to prevent cold stress

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

Elimination/substitution - Remove or replace the hazard entirely.

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

Engineering controls - Modify the work environment to reduce exposure.

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

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

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

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

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

Wind chill and why it matters

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

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

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

2025-12-23T06:00:00Z

Avoid $50K in ‘serious’ OSHA fines: Learn where others slipped up in FY 2025

OSHA just posted its most frequently cited serious violations for general industry, maritime, and construction for fiscal year (FY) 2025. The agency highlights the violations in three slide presentations with 44 bar charts. You might call them a gold mine of data!

Five of the charts offer either the top 10 or top 5 lists for 29 CFR 1910, 1915, 1917, 1918, and 1926. The remaining charts examine the top 5 lists for each subpart of 29 CFR 1910 and 1926. Explore all 44 bar charts in the three presentations found here.

If death or serious physical harm can result from a work hazard and the employer knew or should have known the hazard exists, OSHA calls it a “serious” violation, as explained in section 666 of Title 29 of the U.S. Code.

OSHA can stick an employer with a $16,550 penalty for EACH serious violation. The thing is, on average, inspectors spot about three violations per visit. That could multiply to almost $50,000 after one visit! Knowing where your peers went wrong may help YOU prioritize your compliance efforts.

Note that the maximum penalty amount is specified at 29 CFR 1903.15. That maximum is expected to be adjusted each January! Why? OSHA is required by law to hike civil penalties annually for inflation.

Major takeaways

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

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

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

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

Industry highlights

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

General industry
	FY 2024			FY 2025
Rank	29 CFR 1910	Description	Violations	29 CFR 1910	Description	Violations
1	.212(a)(1)	Machine guarding — Types of guarding methods	1,099	.212(a)(1)	Machine guarding — Types of guarding methods	1,049
2	.1200(e)(1)	HazCom — Written program	988	.1200(e)(1)	HazCom — Written program	977
3	.1200(h)(1)	HazCom — Info & training	820	.1200(h)(1)	HazCom — Info & training	769
4	.134(e)(1)	Respirators — Medical evaluations	557	.147(c)(4)(i)	Lockout/tagout — Develop procedures	532
5	.147(c)(4)(i)	Lockout/tagout — Develop procedures	540	.134(e)(1)	Respirators — Medical evaluations	481
6	.178(l)(1)(i)	Powered industrial trucks — Competency training	441	.178(l)(1)(i)	Powered industrial trucks — Competency training	388
7	.151(c)	Eye & body flushing facilities	385	.1200(g)(8)	HazCom — Readily accessible SDSs	377
8	.212(a)(3)(ii)	Machine guarding — Point of operation	375	.147(c)(6)(i)	Lockout/tagout — Periodic inspection	330
9	.134(c)(1)	Respirators — Written program	374	.134(c)(1)	Respirators — Written program	323
10	.1200(g)(8)	HazCom — Readily accessible SDSs	350	.151(c)	Eye & body flushing facilities	311
Total	5,929			5,537

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

Maritime
	FY 2024			FY 2025
Industry	29 CFR	Description	Violations	29 CFR	Description	Violations
Shipyards	1915.73(d)	Guarding of deck opening/edges	8	1915.152(b)	Assess work area	7
Marine terminals	1917.26(f)	USCG-approved life ring available	6	1917.43(c)(5)	Powered industrial trucks maintained in safe working order	4
Longshoring	1918.22(e)	Fall protection for gangways over water	6	1918.35	Open weather deck hatches	2
Total	20			13

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

Construction
	FY 2024			FY 2025
Rank	29 CFR 1926	Description	Violations	29 CFR 1926	Description	Violations
1	.501(b)(13)	Fall protection — Residential construction	5,110	.501(b)(13)	Fall protection — Residential construction	5,276
2	.1053(b)(1)	Ladders — Extend 3 ft above landing	1,927	.1053(b)(1)	Ladders — Extend 3 ft above landing	1,967
3	.102(a)(1)	Eye & face protection — Use appropriate protection	1,917	.102(a)(1)	Eye & face protection — Use appropriate protection	1,955
4	.503(a)(1)	Fall protection — Training	1,466	.503(a)(1)	Fall protection — Training	1,386
5	.100(a)	Head protection — Use of protection	804	.100(a)	Head protection — Use of protection	885
6	.501(b)(1)	Fall protection — Unprotected sides/edges	750	.20(b)(2)	General safety & health — Inspection by competent person	673
7	.20(b)(2)	General safety & health — Inspection by competent person	734	.501(b)(1)	Fall protection — Unprotected sides/edges	669
8	.503(b)(1)	Fall protection — Written certification record of training	555	.503(b)(1)	Fall protection — Written certification record of training	555
9	.453(b)(2)(v)	Aerial lifts — Fall protection while in basket	517	.453(b)(2)(v)	Aerial lifts — Fall protection while in basket	511
10	.21(b)(2)	General safety and health – Unsafe hazards recognition/avoidance	396	.451(g)(1)	Scaffolding — Fall protection above 10 ft	445
Total	14,176			14,322

Key to remember

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

2024-03-21T05:00:00Z

Don’t let slips, trips, and falls get you down

Did you know that to prevent accidents and ensure worker safety, employers must proactively identify and address hazards in accordance with OSHA's Walking-Working Surfaces rule? From regular inspections to implementing fall protection measures, staying vigilant is crucial in maintaining a safe working environment.

Slips, trips, and falls account for most general industry workplace accidents, with nearly 700 of these accidents resulting in death each year. The U.S. Bureau of Labor Statistics reports that there were 450,540 days away from work due to slips, trips, and falls that were reported in 2021 – 2022. Slips, trips, and falls are preventable and following OSHA’s walking-working surfaces standards and safe work practices can ensure workers are protected from these types of injuries.

Slips, trips, and falls

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

Slip hazards include:

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

Trip hazards include:

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

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

OSHA’s Walking-working surfaces regulations

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

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

Slip, trip, and fall prevention measures

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

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

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

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

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

Key to remember

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

2022-08-29T05:00:00Z

Don’t prop open fire doors on your jobsite

Propping open fire doors is a common violation

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

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

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

2025-12-16T06:00:00Z

Chock full of confusion on securing trailers

Most employers know that OSHA requires chocking or similarly securing trailers for loading and unloading, but many also know about an exemption for commercial motor vehicles (CMVs). In short, that exemption is narrow and applies only to employers that are motor carriers.

Several OSHA regulations require using chocks or similar measures (such as dock locks) during loading or unloading operations. To avoid conflicts, federal OSHA created an agreement with the Federal Motor Carrier Safety Administration (FMCSA) for that agency to retain jurisdiction over CMVs. That means OSHA cannot (in theory) enforce chocking requirements on CMVs.

There is a catch to OSHA’s enforcement limitation, however. In fact, there are several issues that employers should know.

Limited exemption

First, many states run their own OSHA programs (state-plan states). Since the FMSCA jurisdiction agreement is with federal OSHA, states are not subject to the agreement could enforce chocking requirements in all cases, even for CMVs.

Second, OSHA expects employers to require chocking on CMVs if the employer’s workers (such as forklift drivers) will enter the trailer. Basically, OSHA stated that the FMCSA regulations (and jurisdiction issues) apply only to motor carrier employers that fall under FMCSA authority, not to other employers. To illustrate, if a CMV backs into the dock at a grocery store, and the store workers will unload the trailer, then OSHA has jurisdiction over the store workers.

OSHA addressed these issues in a letter of interpretation dated March 7, 2011, outlining the history of the agency’s agreement with the FMCSA. The letter clarifies that the FMSCA parking brake regulations “do not apply to companies which do not own, operate, or lease CMVs” and therefore OSHA can enforce chocking requirements against those employers.

If a manufacturing or retail employer is not subject to FMCSA regulations, but that employer has forklift operators unloading trailers, OSHA expects that employer to “take precautions to protect their workers ... from the movement of trailers.” Further, the letter clarifies that forklift operators “must be trained” not to enter a trailer “unless the trailer is properly secured or restricted from movement prior to boarding.”

For similar information, see our article, Five forklift facts that are not in the OSHA regulations.

Who’s responsible?

The above letter also asked who is responsible for confirming that no employees are injured when the truck driver attempts to move the trailer. OSHA responded that the employer must “ensure that forklift operators are not in the trailer or hostler when the driver attempts to remove the trailer from the loading dock.” Employers may adopt whatever procedures are necessary to ensure this.

The bottom line is that OSHA won’t enforce wheel chocking requirements on CMVs that are operated by a company under FMSCA jurisdiction. Other employers (like warehouses and manufacturing facilities) not under FMCSA jurisdiction must still take steps to protect workers from unexpected trailer movement — and OSHA will enforce those provisions.

Key to Remember: Although FMSCA regulations allow motor carriers to rely on parking brakes to secure trailers during loading and unloading operations, OSHA requires employers who are not motor carriers to secure trailers with chocks or similar means.

2023-12-19T06:00:00Z

Completing the 300A: Tips for the mathematically challenged

To create the 300A Annual Summary, you must calculate the average annual employees and total hours worked. Are you confident on doing the math?

Determining the annual average number of employees might not require any math. OSHA says that if you pay about the same number of employees every pay period, you can use that as your annual average. For example, if you had roughly 50 employees all year, you could simply use 50 as the annual average. Remember to include temps from a staffing agency if you supervise their daily activities.

Some locations might have significant staffing changes due to growth, layoffs, or seasonal workers. These locations may need to calculate the average workforce. OSHA provides a four-step process:

Add up the number of employees paid IN EACH PAY PERIOD during the year.
Determine the number of pay periods. For example, if you pay every two weeks, you have 26 pay periods.
Divide the number of employees by the number of pay periods.
Round the result up to the next highest whole number.

To illustrate, suppose a department store (NAICS 452210) has 17 employees for most of the year, but hires 6 part-time workers during the holiday shopping season, increasing to 23 employees. The location pays them every two weeks and has 26 pay periods.

For simplicity, assume that during each of the first 21 pay periods of the year, the store had exactly 17 employees. They get counted every pay period, so 17 employees times 21 pay periods equals 357 employees.

During the last five pay periods, the location had 23 employees. They also get counted during those five pay periods, so 23 employees times five pay periods equals 115 employees.

Adding them up (357 plus 115) gives a total of 472 employees. When divided by the 26 pay periods, the average number of employees for the year is 19 (actually 18.15 rounded up to 19).

Certain employers (including department stores) must electronically file the 300A by March 2nd if the establishment had 20 or more employees at any time during the year. This department store must therefore file through OSHA’s Injury Tracking Application website because it reached 20 or more employees for at least one pay period.

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.

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