DOT modes & testing: Different inputs, same result

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

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.

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.

Limited access phase

Beginning in December 2025, Motus will open with limited access for supporting companies. These organizations will be able to create user and business profiles, ensuring their systems are prepared to meet industry needs once the platform expands. This early phase is critical for testing functionality and building readiness before carriers join.

Motor carriers don’t need to re-register immediately. Existing USDOT registrations remain valid until the system fully transitions in 2026.

At that time, all carriers will be required to:

• Create Motus accounts,
• Verify their identity, and
• Update business information to maintain compliance.

FMCSA anticipates registration requirements will begin in mid to late 2026.

Listening to stakeholders

In response to industry feedback, FMCSA confirmed that Motus won’t initially introduce safety registration, eliminate docket numbers (MC/FF/MX), or alter BOC-3 filing processes. These proposals remain under consideration and will be subject to public comment.

FMCSA emphasized that stakeholder engagement will remain central throughout the Motus rollout. The agency plans to host informational webinars, industry roundtables, and training sessions to ensure registrants understand the new system and can provide feedback on its usability.

Motus is a step toward a safer, more efficient future for the transportation industry. By consolidating forms, improving verification, and reducing fraud, FMCSA is ensuring that carriers and support companies can navigate compliance with confidence.

The basics of logging exemptions

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

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

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

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

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

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

30-minute break exemption

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

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

Common myths

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

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

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

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

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

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

Managing the use

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

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

Verifying compliance is important

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

Video

Video is one of the more popular methods used to deliver training on a subject. As well as being cost effective and easy for the trainer to use, studies show that videos help students retain information presented.

When selecting a video for your training session, consideration should be given to:

• The type(s) of vehicle(s) your drivers operate,
• Your drivers’ level of experience, and
• The situations your drivers deal with on a regular basis.

The video should be well-produced, current, and retain the interest of your drivers.

Handouts

The use of handouts is one of the most cost effective, but often misused tools used by trainers. A handout should be able to be used by a driver as a quick and easy reference tool once the driver has left the training session. Effective handouts must be:

• Relevant and address the topic;
• Readable, brief, and to the point; and
• Used with discretion.

The number of handouts distributed should be kept to a minimum. Too many can clutter or confuse a presentation.

Demonstration

Demonstration can help a driver relate to a situation they may face on the job or a skill they may need to use at a later date.

When demonstrating a skill, encourage driver participation.

Guest speaker

A guest speaker can bring an authoritative atmosphere to your training session.

Credibility is important when using a guest speaker to enhance your training session. The speaker must have an expert understanding of the topic being presented.

Examples of guest speakers include a law enforcement officer to present information on roadside inspections or a firefighter to present a lesson on fire prevention.

Veteran drivers

Veteran drivers are considered credible by other drivers, as they speak from experience. A veteran driver who conducts training sessions should:

• Be well versed on the subject they will present,
• Be well-rehearsed, and
• Have a strong interest in the subject matter being presented.

Key to remember: Training isn’t a “one size fits all” proposition – not all students learn in the same way. Use of varied delivery methods will help you conduct meaningful and memorable training for all students.

Who pays?

As far as who posts and maintains the required labor law posters, that might be addressed in the contract between the employer and the shared workspace provider.

If up-to-date posters are displayed in a visible and conspicuous location, that will satisfy posting requirements. Each employer using the workspace would not need to display its own set of posters.

Physical posters typically required

In general, however, labor law posters must be conspicuously displayed when employees report to a worksite. This makes employees aware of their rights under employment laws.

Using this logic, if the shared workspace is the employee’s worksite, then physical posters would need to be displayed there.

What about electronic posters?

Electronic posters are a great option when a remote employee works from home. When an employee reports to a worksite, however, physical posters are generally required.

The U.S. Department of Labor provides some guidance on this in Field Assistance Bulletin 2020-7. It notes that electronic posters typically supplement, but do not replace, the hard-copy postings.

The guidance states that electronic posters fulfill posting requirements when “there is no physical establishment where employees are employed.”

In most cases, electronic postings are only an acceptable substitute for the hard copy posting if:

• All employees exclusively work remotely,
• All employees usually receive information electronically, and
• All employees have readily available access to an electronic posting at all times.

When employees report to a worksite to do their jobs, displaying a physical poster is the easiest way to be assured that an employer is in compliance with posting requirements.

A restart

The rescheduling proposal would move marijuana to the same drug class as prescription drugs such as Tylenol with codeine, ketamine, and steroids. It would also make it possible for medical marijuana to be prescribed to patients.

While the executive order revives the marijuana rescheduling issue, it will likely be 6-12 months before a final rule is issued.

Hearings will need to be scheduled, and comments from the hearings will need to be considered before a final rule is published.

DOT drug testing

A lot must happen before any changes will occur under the U.S. Department of Transportation (DOT) drug testing regulations. The DOT is required to follow U.S. Health and Human Services (HHS) guidelines for DOT drug testing, including the drug testing panel.

Until the federal Drug Enforcement Administration acts on rescheduling marijuana, neither the HHS nor DOT can move forward. Changes to the DOT drug testing panel can’t occur until:

• The HHS provides new guidelines, and
• Regulation 49 CFR Part 40 is revised through the rulemaking process.

At this time, it’s unknown whether there will be any stipulations built into the rescheduling allowing the HHS and DOT to continue testing for marijuana.

Stay the course for now

As the process plays out, employers not covered by federal drug and alcohol testing regulations should continue to follow state medical marijuana laws and watch for updates on workplace drug policy implications.

More will be known about how this executive order will influence workplace drug policies after hearings are completed and a final rule is issued. It’s likely that state laws will continue to make an impact on how employers handle marijuana in the workplace, however.

Key to remember: The federal government is once again looking at moving marijuana to a lower classification of drug. Until a final rule is issued, employers should continue to follow their current workplace drug policies. DOT testing panel may see changes, unless stipulations are built into rulemaking. Transportation industry anxiously waits to see how Executive Order will (or will not) impact DOT testing

Major takeaways

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

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

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

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

Industry highlights

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

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

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

Key to remember

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

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.

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.

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.