Driving smarter with a cargo tank

Who’s covered by TRI reporting?

Generally, TRI reporting applies if the facility:

• Is in a covered industry sector (40 CFR 372.23);
• Employs 10 or more full-time-equivalent employees; and
• Manufactures, processes, or otherwise uses a covered chemical or chemical category (372.65) in quantities above the threshold levels (372.25, .27, and .28) in a given year.

TRI tip: The TRI reporting year (RY) reflects the calendar year covered by the report, not the year in which you submit the report. For example, TRI reports for RY 2025 are due by July 1, 2026.

What’s covered by TRI reporting?

Facilities must submit the TRI Form R (or the streamlined Form A Certification Statement if eligible) for each TRI-listed chemical manufactured, processed, or used during the previous calendar year. The data covers chemical waste management activities (including releases to the environment) and any actions taken to reduce or prevent chemical waste.

Facilities usually report for each chemical:

• The quantities of releases (routine and accidental),
• Any releases caused by catastrophic or other one-time events,
• The maximum amount on-site during the year, and
• The amount contained in wastes managed on-site or transferred off-site.

What’s new for RY 2025?

The TRI reports for RY 2025 contain three differences from previous years:

• The de minimis level for anthracene was lowered from 1.0 percent to 0.1 percent. Anthracene’s Chemical Abstracts Service Registry Number (CASRN) is 120-12-7.
• More activity sub-use codes were added to the sub-use codes for “processing” and “otherwise use” activities.
• Nine per- and polyfluoroalkyl substances (PFAS) were added to the TRI chemical list:

How are TRI reports submitted?

Facilities must submit TRI reports electronically to the TRI-MEweb application on EPA’s Central Data Exchange (CDX). Even if a facility uses its own software to prepare TRI forms, it must upload and submit the forms to TRI-MEweb.

TRI tip: To complete the submission process on TRI-MEweb, you need to assign one user the Preparer role and another user the Certifying Official role. Ensure both users have added TRI-MEweb to their CDX user accounts.

TRI reports must be submitted to both EPA and the state. If your facility’s state participates in the TRI Data Exchange (TDX), TRI-MEweb will automatically send your report to the state. If your facility’s state doesn’t participate, you must send a hard copy of the report to the TRI state contact.

TRI tip: Use EPA’s “TRI Data Exchange” webpage to determine whether your facility’s state participates in TDX. As of March 2026, all 50 states participate in TDX. The District of Columbia doesn’t participate.

More TRI tips

Keep these things in mind when preparing your TRI reports:

• You must submit a Form R (or Form A if eligible) for each TRI-listed chemical your facility manufactured, processed, or otherwise used above the threshold quantity.
• TRI data is publicized. If a chemical’s identity needs to be protected, you have to submit substantiation forms to claim the chemical identity as a trade secret. EPA must approve the claims. Further, for each chemical with a trade secret claim, you have to mail hard copies of the substantiation forms and the corresponding Form R (or Form A if eligible) to EPA and the state.
• EPA’s online GuideME platform offers comprehensive guidance for TRI reporting, including reporting forms and instructions, the TRI chemical list, and Q&As.
• Contact the state environmental agency directly to confirm the submission method. EPA’s “TRI State Contacts” webpage contains state contact information.
• Register your facility on CDX or ensure your facility’s CDX account is updated as soon as possible to avoid delays caused by technical issues.

Start preparing for TRI reporting now to give your facility plenty of time to gather data, complete the forms, and respond to unexpected issues that could arise. That way, your facility can breathe easily throughout the whole reporting season.

Key to remember: The submission deadline for TRI reporting is July 1, 2026. Make sure your facility is ready to report.

Compliance considerations

Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.

Air permits

• State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.
  
• In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.
  
• Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: New Source Review (NSR).

(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)

• Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.
  
• The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.
  
• Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.
  
• After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits

EPA emission standards

The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.

These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.

Other regulations

Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:

• Aboveground Storage Tank (AST) Requirements
  
• Spill Prevention Control and Countermeasure (SPCC) Plans
  
• EPCRA Tier II Reporting

Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.

1. Rear-impact guard labels

The Federal Motor Carrier Safety Administration (FMCSA) is removing the requirement that rear-impact guards be permanently labeled. Under current rules, trailers are required to have a label certifying that the rear underride guard met federal manufacturing standards at the time it was built.

Though the label is applied by the manufacturer, motor carriers and drivers were expected to ensure it remained in place, a sometimes-frustrating task stretching over the lifetime of the vehicle.

Why the change? The bumper label requirement has been controversial for years. Enforcement agencies and industry groups repeatedly pointed out that the labels frequently fade, wear off, or are removed during repairs, even though the guard itself remains structurally compliant.

Compounding the problem, most manufacturers will not issue replacement certification labels or “re-certify” guards once they leave the factory. As a result, carriers were often cited for a condition they had no practical way to correct.

Although FMCSA previously issued guidance instructing inspectors not to cite missing or illegible labels, confusion persisted at the roadside. Eliminating the requirement altogether resolves that enforcement disconnect without altering the underlying safety standards for rear-impact guards.

What should carriers do?

• Continue inspecting rear-impact guards for structural integrity, mounting, height, and width as required under 49 CFR 393.86 and the annual inspection standards in Appendix A to Part 396.
• Don’t remove existing labels, but understand that their presence (or absence) will no longer determine compliance.
• Update inspection checklists and training materials to remove label verification as a compliance item.

2. Tractor license-plate lamps

Truck tractors will no longer be required to have a functioning rear license-plate lamp while towing a trailer. The lamp will still be required when the tractor is operating without a trailer, however.

Why the change? When a tractor is coupled to a trailer, the rear license plate and its lamp are typically obscured and serve no practical enforcement or safety purpose. The FMCSA concluded that requiring carriers to maintain a lamp that isn’t visible or relevant during normal operations added unnecessary maintenance costs without a safety benefit.

What should carriers do?

• Review maintenance policies to ensure tractors still have operational license-plate lamps when operated bobtail.
• Ensure drivers and maintenance personnel understand when a functioning license-plate lamp is required.

3. Emergency equipment

Drivers will no longer be required to carry spare fuses starting April 20, and they will no longer have the option to use liquid-burning flares as warning devices after March 23. Reflective triangles and/or solid-fuel flares will still be required, as will fire extinguishers.

The rule change for fuses is significant because over 10,000 drivers were cited in 2025 for failing to have them.

Why the change? The spare‑fuse requirement has remained in the regulations for decades, even as vehicle electrical systems have improved. The FMCSA concluded that:

• Blown fuses rarely occur during normal operation and, when they do, the repair is typically handled by maintenance personnel rather than drivers. Nevertheless, spare fuses are widely available at truck stops.
• Other regulations already prohibit operation of a vehicle when required electrical equipment isn’t functioning properly, regardless of whether spare parts are carried.

Similarly, liquid-burning flares are widely considered obsolete and are rarely used in modern fleet operations. Their continued presence in the regulations caused confusion.

What should carriers do?

• Verify that emergency-equipment kits contain at least three compliant reflective triangles or six flares, as appropriate.
• Update driver inspection checklists to remove spare fuses as required items and liquid-burning flares as an option. Motor carriers are free to continue having their drivers carry spare fuses, however.
• Remind drivers that vehicles may not be operated if required electrical systems are inoperative, regardless of whether a spare fuse is available.

What if you’re cited?

Roadside enforcement practices don’t always change overnight. In addition, states that enforce the FMCSA regulations may adopt different effective dates for rule changes. Motor carriers and drivers should be vigilant about reviewing roadside inspection reports and challenging any citations that were issued improperly.

Bearing in mind that state requirements may vary, motor carriers should use the online DataQs system to challenge any erroneous bumper label or license-plate lamp violations cited after March 20, and any spare-fuse violations cited after April 20.

Key to remember: On March 23 and April 20, 2026, three important rule changes go into effect. Be sure your drivers, maintenance personnel, and others know the impact.

Driver OOS Criteria

• ELD tampering: With electronic logging device (ELD) tampering becoming a growing concern, the criteria for placing drivers OOS for log falsification have been clarified to address situations where a record is falsified so much that the officer cannot determine when the driver was driving and/or resting. Drivers will continue to be placed OOS “until such time as eligibility to drive is re-established” if a required log is false due to inaccurate entries and the officer is able to determine when driving and rest breaks occurred. A new criterion was added to place drivers OOS for 10 hours (or 8 hours for passenger carriers) for ELD tampering that makes the entire record suspect and the inspector is unable to verify when driving and resting occurred. Officers will cite 49 CFR 395.8(e)(2) for ELD tampering where the truth cannot be ascertained, and paragraph (e)(1) for false logs when the officer can determine rest periods and drive time.
• ELP violations: A new violation was added to place drivers OOS if the driver cannot satisfy the ELP requirements of 391.11(b)(2), per enforcement guidance issued by the Federal Motor Carrier Safety Administration (FMCSA) in May 2025.
• License-restriction violations: Officers will begin using new citation codes for license-restriction violations, to distinguish them from endorsement-related violations. Drivers without a commercial driver’s license (CDL) will be cited for “392.2NCDLR” (instead of 391.11(b)(5)) if violating a restriction, while CDL holders will be cited for “392.2LCDLR” (instead of 383.23).
• In-state-restricted drivers: The CVSA has clarified the standard for enforcing the “K” (in-state only) restriction, which is intended to keep the driver in their home state. Such drivers will only be placed OOS if they are actually operating in another state at the time of the inspection.
• Alcohol content threshold: The OOS Criteria will now specify the alcohol concentration at which drivers will be placed OOS when in possession of wine or beer, making it easier for officers to apply the existing standard. Drivers will be placed OOS if they possess wine or beer that contains 0.5% or more alcohol by volume or distilled spirits in any dilution.

Vehicle OOS Criteria

• Air connections: The criteria for air-brake hose/tubing were revised to change the term “gladhands” to the more inclusive “service air connections.” In addition, the criteria were changed to clarify the conditions for placing vehicles OOS when the air system is disconnected but still functional.
• Brake pad thickness: The standard for front-axle hydraulic brake pad thickness was updated to say “less than 1/16 inch” instead of “1/16 inch or less” to reflect a thinner measurement than found in 49 CFR 393.47(d)(1).
• Parking brakes: “Parking Brake” was changed to “Parking/Emergency Brake” in the section on parking brake systems due to confusion about whether an automatic transmission placed into Park was considered to have a parking brake control.
• Log securement: New criteria were added to address the use of the “ExTe Com90” hydraulic load securement system for logs.
• Wire rope: A new wire-rope damage chart was added to help inspectors determine when a wire rope is damaged to the point that it’s OOS.
• Upper couplers: A new OOS criterion was added for broken or loose countersunk screws in an upper coupler. Previously, the criteria only addressed bolts, not countersunk screws.
• Rims: A new OOS criterion was added for a broken wheel/rim that has “any missing piece exceeding 3 inches (76.2 mm) in length.”
• Wheel hub lubricant: The criterion for placing vehicles OOS when there is “no visible or measurable amount of lubricant showing in hub” was removed. The CVSA concluded that there is no good way for inspectors to know if there is oil in a hub that requires oil, or grease in hubs requiring grease, due to the many varieties of hubs and hub caps/covers in the marketplace.
• Emergency exit markings: A new criterion was added for emergency exits that are “not properly marked with operating instructions.” The instructions are needed whether the exit is a required exit or a marked exit.
• Placarding: The prior criteria placed vehicles OOS if “50% or more of the required placards for a hazard class are missing.” This was clarified to read “50% or more of the required placards for a category of material (hazard class or division) are missing.”

Key to remember: A variety of changes to the North American Standard Out-of-Service Criteria take effect on April 1, 2026. Reviewing the changes can help avoid being placed out of service.

Why a list of reminders for SAPs?

The USDOT has previously provided reminders to SAPs as issues came to light, so this recent action isn’t unique. This newest March 2026 notification is the result of the USDOT learning of recent issues related to SAPs’ roles and responsibilities, including:

• Employers having trouble in getting the follow-up testing plans from SAPs;
• SAPs referring employees solely to online programs as opposed to in-person programs, as appropriate;
• SAPs prescribing the minimum number of follow-up tests in response to pressure from consortium/third-party administrators (C/TPA) or risk being removed from the C/TPA's list of recommended SAPs;
• SAPs administering follow-up tests;
• SAPs not holding an appropriate credential to act as a DOT-qualified SAP;
• SAPs performing the RTD process in a very short timeframe to get the employee back to work quicker;
• SAPs going outside their credential's geographical limit to perform remote evaluations; and
• SAPs performing remote evaluations without real time two-way audio and visual communication with the employee.

Key points for SAPs

The USDOT provided several key points for SAPs to take action on in the Federal Register notice, including the following:

• SAPs must hold and maintain required qualification requirements, including ongoing professional development credits.
• SAP evaluations must:
  • Be done face-to-face (whether in-person or remote);
  • Delve into the employee's emotional and mental health and history of drug and alcohol use;
  • Provide a diagnosis, treatment recommendations, and a treatment plan that the employee must complete before becoming eligible for the required follow-up evaluation and subsequent return to safety-sensitive functions;
  • Result in a recommended course of education or treatment unique to each employee;
  • Never result in promises to “fast track” the process; and
  • Never provide employees with an estimated RTD timeline before conducting an initial SAP evaluation and assessment.
• SAP reports:
  • Must include all required elements;
  • Must be securely retained for at least 5 years from the date of the second report;
  • Must be provided to the employer or subsequent employer when requested; and
  • Can be provided to the employee upon request if the follow-up testing plan is redacted.

When are the RTD steps required?

The RTD process applies to employees who test positive, refuse a test, or violate other DOT agency testing rules. The covered employee is removed from safety-sensitive functions (SSFs) and must successfully complete the program prior to resuming SSFs.

SAPs play an important role as “gatekeepers” for DOT's RTD process, taking on the roles of evaluation, referral, and treatment of employees. The SAP’s decisions determine whether an employee returns to operating a commercial motor vehicle, plane, oil tanker, train, subway, or controls the valves of a natural gas pipeline. The SAP also decides on the number of follow-up drug and/or alcohol tests over what duration of time after returning to duty.

Thunderstorms

Severe thunderstorms can develop quickly. The following actions can help ensure safety if approaching or already in a storm.

• Turn on the vehicle’s headlights, slow down, and allow extra braking distance.
• Pull off the road and find a safe area to park, avoiding trees, poles, or any other items that could fall on the vehicle.
• Stay in the vehicle as it provides better protection against lightning than being in the open.
• If able to safely park before the storm strikes, seek shelter in a sturdy building, staying away from windows.

Once the storm has let up and travel has continued, watch for downed power lines, trees, and other debris that may have blown onto the road.

Tornados

Tornados are considered nature’s most violent storms. A tornado’s winds can reach 300 miles per hour and can create a path of damage in excess of one mile wide and 50 miles long.

If in an area where a tornado warning is issued, safely park and seek shelter immediately, preferably a basement or the interior of the lowest floor of a sturdy building or storm shelter.

If outside with no shelter, lie flat in a nearby ditch or depression and cover your head with your hands. Also be aware of the potential for flooding, as heavy rain can cause low spots to quickly flood. Do not seek shelter under a highway overpass. Winds blow stronger under an overpass due to the wind-tunnel effect.

Watch for flying debris. Most tornado-related deaths and injuries are caused by flying debris. And never try to outrun a tornado.

Watches and warnings

The National Weather Service issues severe weather watches and warnings. Understanding the following terms can assist in identifying weather hazards.

Watch. A watch is issued when the risk of hazardous weather has increased significantly, but its occurrence, location, and/or timing is uncertain. Watches are normally issued well in advance of the occurrence of severe weather to provide lead time so the public can be prepared.

A severe thunderstorm watch is issued when conditions are favorable for the development of severe thunderstorms in and close to the watch area.

A tornado watch is issued when conditions are favorable for the development of tornados in and close to the watch area.

Warning. A warning is issued when hazardous weather is occurring, imminent, or has a high probability of occurring. Warnings are used for conditions posing a threat to life or property.

A severe thunderstorm warning is issued when a severe thunderstorm is indicated by radar or spotter reports. A severe thunderstorm includes hail that is one inch in diameter or larger and/or winds of at least 58 miles per hour.

A tornado warning is issued when a tornado is indicated by radar or sighted by spotters. The warning will include where the tornado is located and what communities are in its path.

Key to remember: Spring weather can be unpredictable, but informed drivers who remain alert and take appropriate precautions are far better equipped to handle what Mother Nature delivers.

What is the NSC?

In 1987, the federal, provincial, and territorial Ministers responsible for Transportation and Highway Safety recognized that due to the deregulation of transportation, there was a need for harmonization and reciprocity in the management of commercial vehicles across Canada. The ministers then signed a memorandum of understanding to develop and implement the NSC to encourage road safety, promote efficiency in the motor carrier industry, and achieve consistent safety standards. The National Safety Code standards remain important instruments of public policy in promoting public safety and the safe and efficient movement of people and goods on Canadian roads.

What are the 16 standards?

The NSC is a set of minimum performance standards, applying to all persons responsible for the safe operation of commercial vehicles. There are 16 NSC standards made up of the following:

• Standard 1 Single Driver Licence Concept
• Standard 2 Knowledge and Performance Tests (Drivers)
• Standard 3 Driver Examiner Training Program
• Standard 4 Driver Licencing Classification
• Standard 5 Self-Certification Standards and Procedures
• Standard 6 Determining Driver Fitness in Canada
• Standard 7 Carrier and Driver Profiles
• Standard 8 Short-Term Suspension
• Standard 9 Commercial Vehicle Drivers Hours of Service
• Standard 10 Cargo Securement
• Standard 11 Maintenance and Periodic Inspection
• Standard 12 CVSA On-Road Inspection
• Standard 13 Trip Inspection
• Standard 14 Safety Rating
• Standard 15 Facility Audits
• Standard 16 Entry Level Training (Class 1)

Now that we have a better understanding of what the NSC represents and what the 16 standards are, let’s take a deeper dive into the standards that apply, starting with Motor Carriers.

NSC Standard 14 — Safety Rating

You might be wondering why we are starting with Standard 14. All provinces in Canada are required to issue an NSC number to all commercial carriers in their governing jurisdiction. A Safety Fitness Certificate (SFC) contains the NSC number, which is the unique identifier for each commercial operator. Ontario calls this number a Commercial Vehicle Operator’s Registration or CVOR.

If you have registered a vehicle that is regulated under the National Safety Code program in Canada, you are required to apply for a SFC or CVOR (Ontario). The SFC or CVOR gives you permission to operate a commercial vehicle.

There have been many new changes recently to the process of not only applying for an SFC but also in maintaining the required certificate. For example, in Alberta, it includes completing an NSC knowledge test online or NSC in a registry office, completing an NSC audit within 12 months of obtaining your SFC, and renewing your certificate every three years.

A provincial authority may not issue a safety fitness certificate to an extra-provincial motor carrier undertaking unless the provincial authority has determined that the undertaking has a “satisfactory”, “satisfactory unaudited” or “conditional” safety rating, as set out in section 5 of Part C of NSC Standard #14.

Safety Rating Categories

Responsibility for motor carrier safety resides, first and foremost, with motor carrier management. The Safety Rating Standard (Standard 14) establishes the motor carrier safety rating framework by which each jurisdiction shall assess the safety performance of motor carriers. There are four safety rating categories as follows:

• Using the information in the motor carrier profile;
• Assigning a value to each of the data listed in the motor carrier profile taking into account its severity and potential safety impact, in accordance with the National Safety Code Standard 7, Carrier Profile:
  • For the 24 months preceding the determination; or
  • In the case of a motor carrier whose motor carrier profile was established less than 24 months prior to the determination, for the period since its establishment;
• Normalizing the weighted data using the motor carrier’s fleet size to reflect the motor carrier’s exposure to risk; and
• Assigning a safety rating to the motor carrier in accordance with the safety rating categories.

The NSC’s safety fitness rests on three building blocks:

• NSC Standard 7: Carrier and Driver Profiles
• NSC Standard 14: Safety Rating
• NSC Standard 15: Facility Audit

Together, these standards provide the safety rating and management framework by which each jurisdiction assesses the safety performance of motor carriers. In part 3, we’ll cover Standards 7 and 15 in greater detail.

Key to remember: We have just touched the surface of the NSC standards and covered likely one of the most important when it comes to maintaining a safe rating and compliance with Jurisdictional regulations.

Sometimes, employers have a choice

While only the new version of the poster is available on the OSHA website, employers don’t need to rush to display it. The Department of Labor notes that it’s fine for employers to have an older version of the poster on the wall.

In general, a new poster is required when it’s updated due to a change in a law. In this case, there has been no regulatory update to require a mandatory posting change and the rights on the listed on the poster remain consistent with the current law.

What’s different?

The updated version of the OSHA poster, released in late February, uses a new heading: “OSHA Cares.” The words “That You Go Home Safe” appear on the bottom of the poster after a bulleted list of employee rights, including the right to:

• A safe workplace
• Speak up about safety and health concerns without retaliation
• Report an injury or illness
• Training in a manner you understand

The list of employer requirements has been removed from the poster, but it includes a QR code that goes to OSHA’s website. It also has a more streamlined look that includes crescent-shaped accents rather than graphics.

The agency still refers to the poster as the “Job Safety and Health Workplace Poster,” but those words no longer appear on the poster.

Requirements still apply

Employers in a state with an OSHA-approved state plan may use the state version of the poster to meet the OSHA posting requirement.

To be compliant, the OSHA poster must be at least 8.5 x 14 inches and needs to have 10-point type. The posting regulation at 1903.2 in the Code of Federal Regulations also stipulates that the heading needs to be in large type, generally not less than 36-point type.

Key to remember: OSHA has released an updated workplace poster with a new design. Employers can either display the new version or continue to display previous versions to comply with the agency’s posting requirement.

Reassess the need for accommodation

After employers grant an accommodation, they may assess whether there continues to be a need for the accommodation based on individualized circumstances, including whether alternative accommodations might meet the employee’s needs.

Employers have the discretion to choose between effective accommodations. This means employees aren’t necessarily entitled to their preferred accommodation forever. Employers may, therefore, reevaluate a previously granted remote work accommodation and replace it with an effective, reasonable one. When there are several reasonable and effective options, employers may choose an accommodation other than remote work.

Don’t hide under a blanket

Employers shouldn’t take a blanket approach to rescind and deny all remote work accommodations. In some cases, employees will continue to need remote work as an accommodation. Employers need to look at each situation individually, based on its own merits.

When to reassess the type of accommodation

Employers should occasionally reevaluate accommodations in response to changes, such as changes to:

• An employee’s condition,
• Job requirements,
• Operational needs, and
• A related law.

Employers might also, for example, find it helpful to reevaluate a remote work accommodation once a year to confirm the accommodation remains effective and manageable.

After reassessment

If supported by an individualized assessment, employers may allow the employee to continue to work remotely if doing so is necessary to ensure continued compliance with the ADA.

If, however, reevaluation and individualized assessment demonstrate that an employee no longer needs remote work as an accommodation, employers may replace it with a reasonable and effective in-office option (or combination of options). This can include, but isn’t limited to, assistive devices, modified equipment, environmental modifications (sound, smell, light, etc.), job restructuring, modified or flexible work scheduling, etc. It can also include reducing remote work, combined with in-office accommodations, provided the result is still reasonable and effective.

Key to remember: Employers may review whether employees continue to need remote work accommodations. Employers may rescind remote work accommodations if they no longer suit employee or company needs, but they might have to provide an alternative solution.

Violations can be costly

The Department of Labor’s Veterans’ Employment and Training (VETS) recently released its annual report which stated that the agency reviewed 950 complaints in 2019 related to the Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA prohibits employers from discriminating against employees or applicants based on their military status or obligations. It also protects the reemployment rights of individuals who leave their jobs (whether voluntarily or involuntarily) to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia, and territory (e.g., Guam) National Guards.

Employees have the right to return to the job they would have attained if they had not taken military leave. Employees may take a cumulative total of up to five years of military leave. Failure to comply can have costs. One company settled a USERRA claim, resulting in an employee being promoted and paid $96,000 in lost wages.

While 950 complaint cases might not seem like much, employers often have misconceptions of USERRA, and these can lead to claims. To avoid missteps, consider the following facts:

• Reasons: Military leave may be for reasons such as active or inactive duty, training, fitness exams, and funeral honors.
• Documentation: Employees need not provide documentation before taking military leave; notice of leave may be verbal.
• PTO: You may not mandate that employees use accrued paid time off for military leave, but employees may choose to do so.
• Timing: Employees need not accommodate the company regarding timing, frequency, or duration of military service. You may, however, bring any related concerns to the appropriate military authority.
• Reinstatement: Upon reemployment after leave of more than 30 days, you may ask for documentation establishing certain criteria, such as whether the separation from service was not disqualifying.
• Insurance: During leave, employees may choose to continue group health care coverage.
• Accommodations: Disabled military members are also entitled to reemployment, and you may need to make efforts to help an employee become qualified to perform the job.

Key to remember: While you might not have employees take military leave often, you should know that employees have the right to time off to pursue military service, perform military service, and return to their civilian jobs.

Look for systemic patterns

A pattern of incidents at one battery construction site is a great example of how individual decisions and company safety systems intertwine to determine the outcome of daily events. OSHA’s report on the March 2025 death of a company CEO showed that while individual decisions played a role, the fatality occurred within a broader pattern of systemic safety failures at the construction site.

According to Agency findings, the employee chose to cross a roadway while wearing a black vest instead of the required high visibility vest, which drastically reduced the employee’s visibility. At the same time, a site forklift driver was reportedly talking on the phone while operating the vehicle which also contributed to the result of the incident.

OSHA’s conclusions made clear that organizational systems and controls, not just the individuals’ choices, were the primary shortcomings. Multiple companies on site failed to enforce safety rules, maintain traffic controls, or ensure proper operator behavior. For example, the forklift driver’s employer received the largest fine for exposing workers to struck-by hazards and failing to ensure operators followed basic safety practices such as speed limits, phone use, use of spotters, and horn use when visibility was obstructed.

The report reflected an even larger pattern, finding that the employee’s death was one of many safety incidents at the construction mega site, which had recorded dozens of previous traumatic injuries, multiple fatalities, and at least 15 OSHA investigations. Previous incidents included falls, other forklift injuries, a conveyor entrapment, a pipe explosion, and a fatal crushing incident earlier in 2025. This track record should have been an early warning that system-level safety gaps and inconsistent safety management were key contributors, far outweighing any single person’s decisions.

Stomp out systemic failures

While individual decisions like walking into a traffic zone or operating equipment while distracted may influence an incident, they rarely tell the whole story. Root causes usually reflect deeper underlying weaknesses in the organization’s safety systems, such as:

• Fragmented safety oversight that leads to inconsistent enforcement of safety rules, policies, PPE requirements, and behavioral expectations;
• Inadequate traffic and equipment controls that invite a mingling of vehicles with pedestrians or dangerous forklift operational habits;
• Breakdowns in communication between workers including unreported injuries, language barriers, or inadequate signage that results in workers missing warnings or misunderstanding proper procedures; and
• Normalized incidents or near misses, which eventually become serious incidents and fatalities and result in a reactive rather than proactive safety culture.

These conditions can quickly create an environment where ordinary human mistakes are far more likely to lead to severe or fatal outcomes. Employers need to look beyond the individual employee decisions and investigate which systemic failures allowed the decision to become deadly. This is where OSHA regulations help.

Leverage OSHA regulations

You’ve likely heard the saying, “OSHA regulations have been written in blood” meaning someone (or many someones) have been seriously injured in the workplace which resulted in regulations aimed at protecting others from a repeat of similar situations.

Since OSHA was established nearly 55 years ago, its standards and enforcement efforts have helped save more than 712,000 workers’ lives. Even so, employers must continue to identify and strengthen gaps in their safety programs and systems to shield workers from the consequences of inevitable human decisions.

Employers shouldn’t just use OSHA regulations as a means for compliance but to actively protect workers by controlling hazards and setting clear expectations for safe work. Standards such as 1910.147 (Lockout/Tagout), 1910.1200 (Hazard Communication), 1926.501 (Fall Protection), and 1910.178 (Powered Industrial Trucks) give employers concrete requirements for preventing injuries and keeping employees safe on the job. Filling systemic safety gaps by using these standards can prevent thousands of serious injuries and fatalities every year. As demonstrated with this forklift struck-by fatality, most workplace deaths stem from hazards that OSHA rules are designed to control.

Key to remember: Serious incidents and fatalities are rarely caused by individual decisions but by broader system failures like insufficient safety oversight, inconsistent rule enforcement, and poor worksite communication. Employers can prevent these incidents by leveraging regulatory compliance to identify and correct weaknesses in their safety systems.

Choose interviewers

Conduct interviews privately with no more than two interviewers present. By keeping the interviews small and away from others, you have a much better chance of having a factual and productive conversation. The person conducting the interview should be neutral and trusted by employees.

It may be tempting to let management sit in, but a supervisor’s presence may cause an employee to clam up. Keeping this conversation informal can help employees relax and talk more freely. Simply ask what happened and let the witnesses tell the story in their own words. Remind them that the goal of this conversation is to identify hazards, not to get anyone in trouble.

Asking questions

Ask open-ended questions like “describe what happened leading up to the incident” and “what happened next?” Avoid leading questions that might cause someone to make things up in an attempt to answer. Along the same lines, avoid questions that suggest an accusation, such as “do you think he wasn't paying attention?”

Witnesses might give their opinions, and you can make notes, but distinguish between the facts and their opinions. Repeat their conclusions back to them to confirm your understanding.

Keep in mind that memories or viewpoints might differ. Statements from multiple witnesses might be contradictory such that both statements cannot possibly be factual. This doesn't mean either worker is lying. It could just be how they remember the events, or they saw things from a different angle. Of course, some witnesses might describe an incident with the goal of avoiding blame.

As necessary, go back to previously interviewed witnesses for additional information or clarification.

Example situation

Suppose a near-miss incident involved a forklift operator who stopped suddenly, causing the load he was carrying to slide off the tines, nearly striking a pedestrian. You might hear statements like, “I didn't see the forklift” or “the pedestrian came out of nowhere.” Now, that may be how witnesses remember things. But there's probably something else going on.

Follow-up questions might be along the lines of, “what were you focused on at the time of the accident?” Maybe the pedestrian was reading a document or computer pad and didn't see or hear the forklift approaching. Or perhaps the forklift operator was going too fast or failed to stop and sound the horn at an intersection. There could be several contributing factors, and you'll want to identify all of them.

Witness interviews provide valuable information in determining what happened before, during, and after an incident. As an interviewer, your goal is to gather key information while keeping the witnesses comfortable. Remind them the goal of investigating is to help prevent future incidents and injuries, not to blame employees.

Key to remember: Conducting effective interviews requires skill and consideration that goes beyond simply asking, “Tell me what happened.”

How to find legitimate OSHA Outreach trainers and classes

There’s been an increase in fraudulent activity related to these courses over the past several years. The following points can help workers and employers avoid fraudulent trainers and courses.

1. Only OSHA-authorized trainers may teach 10- and 30-hour safety courses and issue OSHA student course completion cards. OSHA-authorized Outreach trainers – that is, trainers that deliver OSHA 10- and 30-hour training - are not OSHA personnel. Trainers are authorized (not certified) through the Outreach program to deliver OSHA 10- and 30-hour classes. All authorized trainers must possess a trainer card which includes an expiration date along with the name of the authorizing OSHA Training Institute (OTI) Education Center.
   Trainers are independent service providers, and their schedules and fees may vary. OSHA recommends contacting multiple trainers to find one that best meets the student’s needs. Students may verify the status of an authorized Outreach trainer.
2. Qualified individuals can become authorized OSHA Outreach trainers through OTI Education Centers. Individuals must meet industry safety experience requirements and complete a training course in the applicable OSHA standards and a trainer course to become authorized. Trainers must attend an update course, available through OTI Education Centers, every four years.
3. On its website, OSHA provides a list of authorized trainers to find instructors for the 10- and 30-hour safety courses. The list provides trainer names and contact information and denotes which course each trainer is authorized to teach (i.e., construction, general industry, maritime, disaster site worker). Courses are also available in Spanish and online from the appropriate authorized trainer.
   A trainer “watch list” contains a list of individuals whose status as authorized OSHA Outreach trainers has been suspended or revoked as a result of failing to comply with the Outreach training program requirements.
4. OSHA’s website also contains a program overview, FAQs, and resources for finding an OTI center, replacing a card, avoiding card fraud, and searching for classes.
5. Taking a 10- or 30-hour course does not guarantee employment. While OSHA believes this training is an important first step towards workplace safety, beware of advertisements “guaranteeing” jobs after taking the course.

Key to Remember: If a trainer’s offer sounds too good to be true, it probably is. To find a legitimate OSHA Outreach trainer and classes, start at osha.gov and look for Outreach Training Program under Help and Resources.

Guidance from OSHA

In the LOI above, OSHA states head protection must meet testing requirements in American National Standards Institute (ANSI) Z89.1-1969. But it only provides testing requirements for facing the bill forward.

The bill helps to deflect small falling objects from overhead. Without the bill, a worker’s face could get struck by a falling object. When I worked in the electrical transmission industry, small bolts, grit, and other things would fall from above during steel erection activities. In the LOI, OSHA states that employers can allow workers to face their bill to the rear if the manufacturer certifies that this practice meets ANSI Z89.1-1969 requirements.

In later versions, ANSI includes testing guidance to manufacturers for facing the bill to the rear. ANSI now provides manufacturers with a reverse-donning test to certify hard hats are safe for reverse wear. If the hard hat is safe to face backward, the manufacturer will place a symbol (two arrows curving to form a circle) on the hard hat.

Best practice tips

I’ve been a safety professional for almost two decades now. I’m telling you from experience that your workers will come up with unique reasons why they should face their bills to the rear. Some explanations will be completely legitimate. But OSHA’s personal protective equipment (PPE) standard requires employers to assess their workplace for hazards and determine when PPE is necessary to protect workers.

A competent person must decide when it’s safe to allow workers to face their bills backward. Manufacturers may certify their hard hat is safe to reverse wear, but employers must figure out if it’s safe to do in the workplace based on the hazards workers are exposed to.

Have a consistent policy in place for how you’ll handle requests. If you have many workers, it’ll be difficult managing individual approvals on a case-by-case basis. I recommend using work activities and work areas to determine whether workers can wear their bills to the rear. For instance, I’d allow workers to reverse-wear their hard hats if they were rigging and material handling loads from a crane’s hook or working in laydown yards without overhead falling object hazards.

In summary, you can allow your workers to turn their hard hats backward, but you’ll need to follow the guidance above to ensure it’s safe.

Key to remember

Workers can reverse-wear hard hats if the hard hat is certified by the manufacturer for reverse donning. The hard hat will have two arrows curving to form a circle if it is.

Engineered or not?

An engineered point is designed as an anchor. Although employers probably don’t test them after installation, they should meet OSHA’s requirements when properly installed, like a ring that bolts in place or a portable system with weights. Engineers design these systems to meet the strength requirements.

More often, employers use non-engineered or field-expedient anchors. Determining whether a proposed anchor point is strong enough usually requires an estimation. For example, many employers use steel I-beams or H-beams as part of an anchor system. This can be acceptable using an appropriate clamp or attachment, but not when simply wrapping a strap around the beam. Other structures, however, many not be strong enough.

How strong is it?

Determining the strength of the potential anchor requires an estimation because you probably won’t test it by dropping a weight. The regulation requires that the system be designed and installed by a qualified person. But what does that mean? Employers can use structural beams, even if they weren’t “installed” as anchors. However, the qualified person would evaluate the beam and other components (including the means of attachment) to determine whether the complete system is satisfactory.

For non-certified points, the qualified person might look at the anchor attachment, and even look at engineering drawings for the facility to see the grade steel used. In addition, the person might evaluate any recommendations from the fall protection manufacturer regarding compatibility.

On the other hand, employees should never use things like ladders, scaffolds, or guardrails as fall protection anchors. For working on flat roofs, some employers want to use existing structures like a flagpole or air conditioner as an anchor. Those options might be conveniently located, but they’re unlikely to qualify as acceptable as anchor points.

The best advice is to work with a fall protection supplier who can suggest options and systems that should meet OSHA’s requirements. A good supplier may also have someone on staff who is qualified to oversee the system installation.

Finally, remember that if an employee falls, the anchor will undergo considerable stress, and the employer must inspect all system components to verify that they’re still safe to use. When using expedient structures, consider the potential effects on those structures if they arrest a falling worker. Building structures might be strong enough to arrest a falling worker, but that force could compromise structural integrity.

Key to remember: An anchor point may be suitable even if it cannot withstand 5,000 pounds of force, as long as it meets the safety factor requirements.