EHS Monthly Round Up - May 2023

Pesticide registration tracking app

On April 18, EPA made enhancements to its MyPest app, which sources say was initially launched in mid-January. EPA is proud to say that MyPest already boasts over 1,200 registrants. The new app allows registrants of pesticide products to:

• Monitor the status of their registration submissions in real-time,
• Drill down to a detailed view of each application, and
• Communicate directly with EPA staff about registration packages in review.

Updates to MyPest include an enhanced dashboard page. The page offers information about the registrant’s cases and products. More updates are planned later this year.

Policy changes impacting two forms

On April 4, EPA announced in the Federal Register the issuance of Pesticide Registration (PR) Notice 2025-1. The notice itself is dated effective March 27, 2025. Its subject line reads, “Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35).”

The latest PR notice supersedes PR Notice 98-5, dated June 12, 1998. While the revisions were proposed last June, the agency only finalized them now. According to PR Notice 2025-1:

• EPA Form 8570-34 — This is the Certification with Respect to Citation of Data. Pesticide registrants use this form to indicate how they will meet their data submission/citation obligations under the law. When a registrant refers to another company’s data, the registrant must certify that:
  • It offered compensation to the original data submitter, or
  • It has the original data submitter’s permission to cite the data.
• EPA Form 8570-35 — This is the Data Matrix. Pesticide registrants use this form to indicate to whom they made offers of compensation.

The two forms — EPA Forms 8570-34 and 8570-35 — have not been modified. Only policies regarding the submission of the two forms have changed. The agency:

• Eliminated the instruction to use “paper” submissions;
• Says registrants should complete and submit the two forms electronically through the Pesticide Submission Portal;
• Eliminated the instruction that registrants submit two versions of the Data Matrix, i.e., the ‘‘Internal Agency Use Copy’’ and the ‘‘Public File Copy’’; and
• Requires that registrants submit a single Data Matrix without redactions.

EPA contends that none of the information on Form 8570-35 is confidential. Put another way, none of the information on the Data Matrix is protected from public release. Therefore, the agency claims there is no reason to submit two versions of the form.

According to EPA, entities potentially affected by the policy changes include, but are not limited to:

• Crop production,
• Animal production,
• Food manufacturing, and
• Pesticide manufacturing.

Efficiencies and transparencies gained

Using electronic reporting for EPA Forms 8570-34 and 8570-35 brings efficient data transmittal, argues EPA. A bonus is that electronic reporting will also reduce errors. That’s because of automated validation tools in the portal. Submitters should experience lower costs and faster review and transmission of data, the agency adds.

In 2024, EPA received a total of 3,309 Data Matrices. Moving from two versions to just one for the Data Matrix form should save registrants and EPA time. Specifically, completing, submitting, and processing the Data Matrix should be quicker. EPA will also experience time savings when providing the public access to the information. Extra steps under the Freedom of Information Act would not be needed.

The MyPest app update is a step forward in efficiency and transparency, concludes EPA. The app enhancements are part of the agency’s overall move toward digital and streamlined processes. EPA projects that the app will improve the timeliness of pesticide registration decisions.

Key to remember

Recent actions streamline the pesticide registration process and make it more transparent. These actions relate to the MyPest app and EPA Forms 8570-34 and 8570-35.

What does the standard require?

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

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

First aid trained or first responder?

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

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

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

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

What’s considered “near proximity”?

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

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

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

Training requirements

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

Keys to remember

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

Proposed legislation

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

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

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

Your restroom availability affects their health

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

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

Keys to remember

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

The 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!

Using Login.gov

Effective January 1, 2025, Login.gov is solely used for accessing the FMCSA Portal and the URS.

If you have an existing FMCSA Portal account, verify your FMCSA Portal profile, ensuring your portal account's email matches your Login.gov account.

If you haven't registered with Login.gov yet, use your Portal account email for registration.

Online registration updates are back

As of January 20, 2025, FMCSA registration options have been integrated into the FMCSA Portal to enhance security and comply with the presidential mandate for multi-factor authentication (MFA).

Online updates can now be made to:

• File a biennial update (MCS-150),
• File a change of address,
• Reinstate operating authority,
• Reapply for a USDOT number after New Entrant revocation,
• Update cargo tank registration, and
• Update Hazmat Safety Permit (MCS-150B) registration.

If you already have a Login.gov account, you don’t need to create a new one. Use your existing Login.gov account only if it’s not already associated with an FMCSA Portal account. Each FMCSA Portal account type — whether for a company employee, associate of a company, insurance filer, or BOC-3 filer — requires its own unique Login.gov account. You cannot use the same Login.gov account for multiple FMCSA Portal accounts.

Impact on intrastate carriers

The system will still allow intrastate carriers to obtain a USDOT number if their state requires it. Those carriers can apply for a USDOT number as intrastate carriers and go through the same identity verification and business verification processes as other system users. However, FMCSA won’t track or monitor state requirements in the new FMCSA registration system.

Will paper forms still be allowed?

The goal of the new registration system is to transition from a paper-based registration system to a completely online process where common transactions can be completed in minutes. The elimination of paper-based forms is a subject for future rulemaking. Until there’s a regulatory change, FMCSA will continue to accept paper forms. Paper-based requests are expected to take longer to process than those completed online in the new system. The additional time is needed for the agency to manually review, verify, confirm, and process information that otherwise would be conducted automatically and electronically by the system.

Key to remember: Stay up to date with changes as FMCSA simplifies the registration process; streamlines identification; develops a new, user-friendly registration system; and incorporates enhanced verification tools.

‘State and local laws’

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

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

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

Not all 392.2 violations are used in CSA

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

Most common 392.2 violations

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

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

Key to remember

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

3 steps HR might take to help those worried about their 401(k)s

1. Offer financial wellness programming. This might include connecting employees with sources of personal finance information, such as company-sponsored events, online tools, and other information to help them become more financially literate money managers overall. Something as simple as a retirement calculator can help people understand the long-term impact of contributing to a 401(k) account.
2. Lean on your provider. The 401(k) provider for your company has fiduciary responsibilities. Now’s the time for them to show how they add that value to their services by acting as a clear- and level-headed source of information during times of volatility. It can be helpful for employees to hear from advisers who work for your provider, whether in an individual or group setting where employees can ask questions. Access to an adviser might make employees more confident about their retirement savings despite what the market is doing.
3. Be empathetic and supportive. Acknowledge that employees may be feeling anxious about their financial futures, and that they are not alone. Reassure them that historically, volatility has been short-lived, with market conditions stabilizing over time.

Key to remember: Employees may be worried about their 401(k) account balances during times of market volatility and look to HR for help. It’s important to be supportive, and provide education, but leave financial advice to the experts.

The intent of the standard

OSHA’s powered industrial truck (PIT) standard (29 CFR 1910.178) is intended to ensure the safe use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The standard outlines requirements for operational permits and certification.

And, though not specified in the standard itself, PIT operators must be at least 18 years old per federal child labor regulations.

License and certification Q&A

The OSHA PIT standard clearly defines requirements for training and certification. However, some licensing and certification information isn’t as clear. Here are some clarifications:

Q: Who can train, evaluate, and certify PIT operators?

A: OSHA requires in 1910.178(l)(2)(iii) that, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.” The OSHA standard doesn’t further define this requirement or set any specific or additional certifications.

Q: Does OSHA require PIT operators to have a valid driver's license?

A: Federal OSHA has no requirement that a forklift operator has a valid motor vehicle driver's license. Some states are more stringent, so check your local and state requirements to confirm.

Q: Does OSHA have regulations that impact an employee’s ability to operate PITs if they’ve received a DUI or suspended license?

A: Because OSHA doesn't require a valid motor vehicle driver's license, the status of that license doesn’t impact PIT operator permitting. Individual states or the employer may have policies that dictate otherwise.

Q: Are PIT drivers required to have their license on them when they are working?

A: Federal OSHA doesn’t require PIT operators to have a license or permit. However, some states such as Michigan do require this. Typically, in states that require a permit or license, the license must be “readily available.” Companies have the option to require the permit or license be carried with the operator.

Q: Are operators required to be trained on each manufacture of PIT model?

A: A June 15, 1999, OSHA letter of interpretation (LOI) clarifies that operators are to be trained and evaluated in the safe operation for the type of truck they’ll be assigned. Operators wouldn’t need additional training for same truck types but would need additional training when truck- or workplace-related training topics are different.

Q: Do PIT operators need to be recertified if they move from one state to another with the same company?

A: In an LOI dated October 1, 1999, OSHA states, "As long as the employer has a reasonable basis to believe that the third-party trainer is qualified and has a program that meets the requirements of the standard, it can rely on that trainer to conduct the training and evaluation of employees and can certify that these employees have been trained. However, the employer may need to provide additional training on site-specific or truck-specific matters." This shouldn’t require retraining for the same type of forklift as already certified; however, workplace conditions or other factors of the new work location may require training for forklift operation in the other state(s).

Operator Impairments

In addition to being properly trained and evaluated, OSHA expects employers to ensure physical capabilities. OSHA references the American National Standards Institute (ANSI) Standard B56.1-1969. Section 6 clarifies that, “Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."

Employers should consider OSHA PIT regulations and the General Duty Clause, ANSI standards, and the Americans with Disabilities Act (ADA) requirements when evaluating physical qualifications. In short, if a worker demonstrates the visual, auditory, and mental ability to safely operate PITs, he or she is permitted to operate them.

Keys to Remember

OSHA requires employers ensure the safe use of forklifts and other powered industrial vehicles. Employers must ensure operators have the knowledge, skills, and physical ability to safely operate PITs.

What supervisors need to know: FMLA basics

Supervisors should remember that the FMLA gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month leave year period for certain qualifying reasons. Supervisors benefit from remembering that:

• Employees might be gone for long or short periods, or have their schedules reduced, even to eliminate overtime, even if the employee’s leave causes hardship.
• After FMLA leave, they must return employees to their position or an equivalent one.
• They must not make employees feel they should not take leave or retaliate against employees because they ask for or take leave.
• They should let someone in HR know when an employee asks for time off for a potentially FMLA-qualifying reason.

Toolbox tip: – What should you do?

This morning, Joe Employee asked you for two weeks off for an upcoming medical procedure. Joe indicated that he would need the leave to begin in about a month.

At the time of Joe’s leave, the department will be at its busiest time of year. Vacations were being denied for that time frame.

You thank Joe for letting you know and tell him you’ll get back to him the next day or so.

What should you do?

1. Try to talk Joe out of taking the leave or postponing it, given the hardship his absence would have on the department.
2. Remind Joe that even vacations were being denied.
3. Contact HR to let them know about Joe’s request, since it could be FMLA leave.
4. Fire Joe and hire someone who won’t need time off.

The best answer is #3. The other responses risk violating Joe’s FMLA rights.

Trying to talk Joe out of the leave or postponing it would have a chilling effect on Joe’s leave request, which courts have seen as interfering with FMLA rights. The same for pointing out that even vacations are being denied.

Firing Joe because he needs time off has a high violation risk, since the FMLA gives employees the right to job-protected leave.

Key to remember: Supervisors might have been trained in the FMLA when they first took on their role, but might have forgotten much of it. Refresher training can help avoid missteps that can risk a violation and a lawsuit.

FMLA certification basics

Employers aren’t required to use certifications, but if they do, the U.S. Department of Labor (DOL) has five different certification forms to use for various FMLA leave situations.

The forms are as follows:

1. Certification of Health Care Provider for Employee's Serious Health Condition,
2. Certification of Health Care Provider for Family Member's Serious Health Condition,
3. Certification of Qualifying Exigency for Military Family Leave,
4. Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave, and
5. Certification for Serious Injury or Illness of a Veteran for Military Family Leave.

Let’s focus on the first two, as these are the most common ones HR administrators use.

Who can fill out an FMLA certification?

The FMLA regulations describe the person who has the authority to fill out a certification as a “health care provider.” The good news is, the regulations include a lengthy list of medical professionals who fit this role.

Under the FMLA, a health care provider includes:

• A doctor of medicine or osteopathy,
• A podiatrist,
• A dentist,
• A clinical psychologist,
• An optometrist,
• A chiropractor (limited to manual manipulation of the spine as demonstrated by X-ray),
• A nurse practitioner,
• A nurse midwife,
• A clinical social worker,
• A physician assistant,
• A Christian Science practitioner, and
• Any health care provider from whom the employer or the employer's group health plan's benefits manager will accept a medical certification to substantiate a claim for benefits.

To be qualified to fill out FMLA forms, medical professionals must be authorized to practice in the state and perform within the scope of their practice. This means that the provider must be authorized to diagnose and treat physical or mental health conditions.

What about doctors in a foreign country?

If an employee or an employee's family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the employer must accept a medical certification from a health care provider who practices in that country. This includes second and third opinions.

If a medical certification from a foreign health care provider is not in English, the employee may be required to provide a written translation of the certification.

Key to remember: The FMLA regulations spell out which medical professionals can fill out certification forms.

Reactions affect experiences

Arguably, the results pyramid could be a circle because a company’s reactions to results also affect the employees’ experiences. A positive outcome that is met with praise creates an experience that employers hope will encourage desired behaviors in the future. Similarly, a negative outcome that results in discipline creates an experience intended to discourage certain behaviors.

As noted, people usually don’t change their beliefs based on a handful of experiences. Repetition is often necessary, but if that does not change results (like giving repeated warnings), employers should try a different approach. Remember that employee actions are a product of their experiences and beliefs. For related information, see our article, Poor attitude is a symptom, not a cause of non-compliance.

Understanding how management affects that decision-making can help employers attain the desired results. Telling employees what to do attempts to influence their actions, but employees may follow their beliefs rather than their instructions, based on what they think the company expects from them.

A different approach

Recognizing this can help employers focus their communication to change the beliefs that drive employee actions. If employees believe that safety is a lower priority than production, that will impact their decision-making and actions.

Trying to change employee actions by telling them what to do can be effective if the instructions do not contradict their beliefs. For example, providing instruction in areas where employees have no experience (like how to operate a forklift) should be effective. However, if a forklift operator’s future experiences create a belief that speed is a top priority, the operator may take safety shortcuts to get work done faster. At that point, telling the operator to slow down probably won’t be effective because it conflicts with the operator’s experience and beliefs. Only by creating new experiences and changing those beliefs will the operator start to behave differently.

Key to remember: Employees experiences create their perceptions of what they believe their employer expects, and they may ignore instructions that conflict with those experiences.

#1 Start here

First, OSHA requires that all operators must be trained prior to being allowed to operate forklifts. And the same thing goes for pallet trucks, order pickers, and stand-up units…. Any powered type of material handling equipment requires training.

But what does training entail? Well, the OSHA regulations are very specific. All operators must receive a combination of training. Training must consist of formal training, which is a lecture, discussion, interactive computer learning, video tape, written material, and so on.

They must also receive practical training, which means demonstrations performed by the trainer and practical exercises performed by the trainee.

And the third component is that operators must receive a performance evaluation. So, they must operate the equipment and be observed and evaluated before being considered trained per the OSHA standard.

Usually, you’ll introduce the concepts during the classroom portion of training, the more informational aspects, such as the OSHA requirements. Then you’ll use the practical part of training to familiarize trainees with controls, talk about load handling, and so on. With the practical part, it’s usually best to ramp up the training, meaning start with simple skills and then build on those.

#2 Train on these topics

Aside from requirements for how to do the training, OSHA gives us a detailed list of topics to cover during the training.

The main categories are truck-related and workplace-related topics. And remember that OSHA does require you to include information on OSHA’s forklift standard as part of the training program. This requirement can be easy to overlook, but a good way to approach it is in the classroom portion of the program.

Keep in mind that if a topic doesn’t apply to your trucks or workplace, you don’t have to train on it. For example, if you don’t have any ramps or hazardous (classified) locations in your facility, your forklift operators don’t need training on these topics.

Truck-related topics include the following:

• Operation instruction, warnings
• Differences between forklift and automobile
• Controls, instrumentation
• Engine, motor operation
• Steering
• Visibility, restrictions
• Fork, attachment operation
• Capacity
• Stability
• Inspection, maintenance
• Refueling, recharging
• Operating limitations
• Operator’s manual instructions, precautions

Workplace-related topics are examples like these:

• Surfaces
• Load composition
• Load handling
• Pedestrians
• Narrow, restricted areas
• Hazardous (classified) locations
• Ramps
• Poor ventilation
• Other hazards

#3 Determine success

The trainees must successfully complete the formal and practical instruction, but how you determine success is up to you. For the classroom portion, you could give a written or oral test or otherwise evaluate the trainees’ knowledge. For the practical training, the trainee must be able to safely perform all the operations used on the job.

#4 End here

An evaluation of the operator’s performance in the workplace must be conducted at the time of initial training. And an evaluation is required to determine the effectiveness of any refresher training.

Also, you must conduct an evaluation at least every three years. This means that at least once every three years every operator must be observed while they operate in the workplace under actual workplace conditions. During the evaluation, the operator must also be able to answer pertinent questions to demonstrate they have the knowledge to operate the forklift safely.

A key point to note here, this evaluation must be more than just a written or verbal test. The employer must observe the operator in action performing all typical tasks related to running the forklift. And, going back to where we started, the evaluation must be conducted by someone who has the knowledge, training, and experience to evaluate the truck operator’s competence.

Document the evaluation — this means placing a record in your training file that includes the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.

Action item

This may be a good time for you to review your options for training forklift operators to ensure they’re meeting these guidelines. And, it’s always a great idea to have all your training procedures in written format for consistency.

Key to remember

Training forklift operators is an OSHA requirement. Follow this step-by-step guide and you can do it in-house.

What are your responsibilities for teen workers?

OSHA outlines the following employer responsibilities for teen workers:

• Understand and comply with the relevant federal and state child labor laws. At the federal level, this is the Fair Labor Standards Act (FLSA), which is enforced by the Wage and Hour Division (not OSHA!) within the Department of Labor. Federal child labor laws restrict hours and types of work for children under age 18 and set minimum ages for work declared hazardous under the FLSA. States also have child labor laws, and they may be stricter than the federal ones.
• Provide training in safe work practices and hazard recognition prior to beginning work. Training must be in a language and vocabulary that teen workers can understand. It also must include how to report an injury or illness to your company, per 29 CFR 1904.35.
• Provide any required personal protective equipment (PPE) and train on its proper use and care, as well as its limitations.
• Let teens know about the chemical hazards present in their work areas, as required by 29 CFR 1910.1200.
• Ensure that equipment operated by teens is both legal and safe for them to use. Clearly label any equipment that they’re not allowed to operate. Also, it’s a good idea to post signs for work areas they are not allowed to enter.
• Make sure teens know what to do in an emergency, as well as the locations of emergency exits and headcount locations.
• Consider using a mentoring or buddy system for new teen workers. This could be an adult or an experienced teen worker who can answer questions and help the new worker learn the ins and outs of the job.
• Encourage teens to ask questions about tasks or procedures that aren’t clear or understood.
• Explain how to report unsafe conditions to a supervisor or team leader.
• Ensure you have the OSHA poster (per 29 CFR 1903.2) in a conspicuous place(s) where teen employees will see it.

Key to remember: Just like workers in other age demographics, teen workers must be trained to safely perform their assigned tasks prior to beginning work. Training should also include recognition of workplace hazards, what to do if injured or ill, and who to ask if questions or concerns arise.

1. Smart sensors and collision avoidance systems:

One of the most significant forklift safety advancements is using smart sensors and avoidance systems. Modern forklifts equipped with sensors, cameras, and radars can now detect structures, pedestrians, and other lifts in real-time. Like today’s vehicles, advanced systems include automatic braking, which stops the forklift before a collision occurs.

2. Telematics and real-time monitoring:

Telematics systems have revolutionized forklift compliance by providing real-time data on vehicle usage, operator behaviors, and maintenance needs. These systems can track key metrics like speed, inspection data, impact events, and seatbelt use. Telematics can also identify unsafe driving habits, allowing employers to deliver targeted training programs to improve operator behaviors.

Additionally, telematics helps employers by better preparing them to investigate forklift incidents when no witnesses or camera footage exists. It does this by providing information like where on the lift the impact occurred. The system can also lock the lift down in the spot where the incident occurred, notify supervisors, and provide the speed at which the operator was going.

3. Virtual reality (VR) simulators:

Simulators have transformed how employers can deliver training by allowing forklift operators to practice in a risk-free environment. Simulators can recreate real-world scenarios such as navigating tight spaces, managing different loads, and learning the exact controls of the lift they will operate. Additionally, e-learning platforms provide interactive training modules that ensure operators stay updated on regulations and best practices.

4. Load stability and weight sensors:

Modern forklifts with advanced weight sensors and stability control systems help prevent unsafe lifting practices. These systems provide real-time feedback to operators, alerting them if a load exceeds the forklift’s weight capacity or is improperly balanced. Modern lifts even have load leveling technology that adjusts the forks to ensure a stable and secure lift.

5. Digital checklist and compliance automation:

Technology has streamlined forklift inspections and regulatory compliance through digital checklists and automated reporting. Mobile apps and onboarding systems allow operators to complete pre-shift inspections accurately and retain the record without hanging on to paper copies. Compliance automation can also send alerts to inform the employer when an operator’s license is expiring, or when issues arise during a pre-shift inspection. This technology can even enable employers to distribute operator-assigned key cards, allowing operators to access only lifts on which they have received training and certification.

As technology continues to evolve, forklift safety will only improve. Companies that invest in these advancements put themselves in a position to reduce downtime, lower insurance costs, and improve overall productivity. So, embrace innovation; it is a step toward a safer and more productive workplace.

Key to remember: Technology can help operators prevent collisions, improve operator skills, simplify record-keeping, and keep businesses compliant.

Maintenance for safety and visibility

Ongoing maintenance ensures that the parking lot remains safe year-round. This includes patching potholes, repainting faded lines and crosswalks, trimming overgrown landscaping, and cleaning up spills and debris. Neglecting these tasks not only increases the likelihood of accidents but also weakens any argument that the employer acted responsibly. In addition, if an OSHA inspector arrives to conduct an inspection and notices poor maintenance outdoors, the inspector may expect similar conditions indoors. Lighting and surveillance are crucial components of a safe parking environment. Proper lighting – especially in corners, walkways, and entrances – not only reduces the chance of injuries but can also discourage criminal activity. Additionally, installing security cameras or scheduling security patrols adds another layer of protection and can be a major tool in establishing root cause or fault in an incident.

Training and reminders

Accidents spike when drivers are confused or lost, diverting their focus from driving. Clear signage and effective traffic flow design play a crucial role in preventing confusion and reducing the likelihood of vehicle accidents. Signs should clearly indicate one-way traffic, designate accessible and emergency parking areas, mark crosswalks, and clearly indicate speed limits. In high-risk zones, employers can further reinforce safety by installing speed bumps or raised walkways to slow traffic and protect pedestrians. Employee education is another key factor. Workers should receive training to stay alert in the parking lot, report any hazards or suspicious activity, and understand any company policies regarding safety escorts or after-hour procedures. Deliver regular reminders rather than waiting for a complaint or near-miss incident in the parking lot. When employees are part of the safety culture, they help prevent incidents and reinforce the organization’s commitment to their well-being. Finally, even with preventive measures in place, accidents can still happen. That is why it is important to have a response plan. This includes establishing an incident reporting procedure, documenting events thoroughly, and maintaining open communication with your employees. The ability to respond quickly and effectively can significantly reduce both the impact of an incident and the legal consequences that could follow.

Keys to remember: Keep parking lots safe with regular maintenance, good lighting, clear signage, and employee awareness. A proactive approach not only prevents accidents but also protects businesses from liability.

An example of half-truths

Let’s take our first aid program for example. When using a free AI tool, I asked it, “What are OSHA’s first aid program requirements?” and only got partial truths that could have resulted in compliance issues and potential citations.

AI advised that, “OSHA doesn’t have a specific “First Aid Program” standard, but their regulations do require employees to provide prompt medical attention under the General Duty Clause of the Occupational Safety and Health Act of 1970.”

Sure, this is partially true that the standard isn’t called a “First Aid Program” and there is a General Duty Clause. However, there is, in fact, an applicable Medical Services and First Aid standard at 29 CFR 1910.151 that this particular search didn’t identify.

Without putting in the proper manual (human) effort of verifying the information, I could have been led astray and missed a lot of key regulatory requirements that are necessary.

Putting in that extra bit of effort

AI can be incredibly helpful, but it’s not human. It can’t replace the experience and decision-making process we humans provide. The information or analytics put out is completely dependent not only on what information is initially put in (by humans), but also on how we develop the prompts telling AI what to look for.

For the above example, by changing my prompt from “what are OSHA’s first aid requirements” to “OSHA first aid standard,” I was finally provided information on 1910.151 that includes:

• "1910.151(a) - The employer shall ensure the ready availability of medical personnel for advice and consultation on matters of plant health.
• 1910.151(b) - In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available.
• 1910.151(c) - Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.”

When you see the word “shall” in any standard, the employer doesn’t have a choice — it must be done and if not, could be cited. So, without putting in the extra effort to do more AI searching and regulatory comparison, I may have missed these requirements, costing the company money in non-compliance, but more concerning, potentially causing serious injury to an employee.

Keep AI in check

To avoid First Aid and other program citations, we must keep AI in check by doing our homework to ensure the information is accurate. This can be done in various ways:

• Search using multiple AI tools and cross-reference the information;
• Compare information kicked out by AI with actual regulatory standards;
• Double check with the Federal Register to ensure the most up to date information is provided in the results; and
• Evaluate if information hasn’t been manipulated by potential hackers or other nefarious characters.

Keys to remember: AI output is only as good as the human-entered information it is searching and interpreting. Users must verify regulatory information to avoid potential citations for program non-compliance.