Employee Handout — Clean Workplace

What is used oil?

The EPA defines used oil as any petroleum-based or synthetic oil that has been used and is contaminated by physical or chemical impurities. Common sources of used oil in industrial operations include:

• Motor oil and lubricants from vehicle maintenance
• Hydraulic fluids used in heavy machinery
• Metalworking fluids and coolants
• Compressor oils used in air compression systems

According to EPA regulations (40 CFR Part 279), used oil is presumed to be managed under the less stringent used oil management standards unless it meets hazardous waste criteria.

Used oil becomes hazardous waste if:

• It is mixed with hazardous waste (e.g., solvents or heavy metals)
• It contains more than 1,000 parts per million (ppm) of total halogens, unless proven otherwise, or
• It is disposed of improperly, leading to environmental contamination.

If used oil is classified as hazardous waste, it must be managed in accordance with the applicable solid and hazardous waste requirements.

EPA requirements for used oil disposal

The EPA requirements for used oil consist of three different aspects, as outlined below.

1. Storage Requirements

Use leak-proof tanks and containers made of durable, non-earthen materials (e.g., steel, plastic, or concrete). Label all used oil containers with the words "Used Oil" to prevent misidentification. Prevent leaks and spills by using secondary containment systems and regularly inspecting tanks. Never mix used oil with hazardous waste unless authorized.

2. Transportation and Disposal

Used oil generators may transport up to 55 gallons of used oil to a registered collection center without an EPA ID number. If contracting a used oil transporter, ensure they have an EPA Identification Number.

Used oil must be:

• Recycled or re-refined into new oil.
• Burned for energy recovery in approved furnaces or boilers.
• Disposed of at an authorized hazardous waste facility if deemed hazardous.

3. Spill Prevention and Cleanup

Facilities storing large amounts of used oil must have a Spill Prevention, Control, and Countermeasure (SPCC) Plan. SPCC plans establish procedures, methods, and equipment requirements to prevent oil from reaching waterways, and to contain discharges of oil.

Any spills must be cleaned up immediately, and absorbent materials must be disposed of properly. Rags and shop towels contaminated with hazardous materials may be classified as hazardous waste.

OSHA regulations for handling used oil

While the EPA focuses on environmental compliance, OSHA (29 CFR Part 1910) regulates worker safety when handling used oil. Key OSHA requirements include:

1. Personal Protective Equipment (PPE)

Workers handling used oil must wear gloves and protective clothing to prevent skin exposure. Safety goggles or face shields are also important to avoid eye contact.

2. Hazard communication (HazCom) program

Employers must label all used oil containers with appropriate hazard information and train employees on safe handling procedures and emergency response.

3. Fire and Explosion Safety

Always store used oil away from ignition sources to prevent fire hazards. Ensure storage areas are ventilated to avoid vapor buildup.

State-Specific used oil disposal regulations

Many states have stricter used oil regulations than federal laws. For example:

• California classifies used oil as hazardous waste unless it meets specific recycling criteria.
• Texas requires additional storage permits for large generators.
• New York mandates annual reporting on used oil disposal activities.

To ensure compliance, check with your state’s environmental agency for state-specific used oil disposal rules and whether used oil is considered hazardous. Additional permits for transporting or processing used oil may be necessary.

Staying compliant with used oil disposal requirements

Ensuring compliance with EPA, OSHA, and state laws is essential for safety managers and shop supervisors handling used oil. By following proper storage, transportation, and disposal practices, businesses can reduce environmental risks, improve workplace safety, and avoid costly fines.

Key to remember: By staying informed and proactive, your facility can maintain safe, sustainable, and compliant used oil management practices.

What are PFAS?

PFAS, called “forever chemicals,” are long-lasting manufactured chemicals that may pose risks to human and environmental health. With thousands of PFAS chemicals, however, controlling their use to reduce the risks is no easy task.

Additionally, PFAS appear in nearly every sector. They’re used in a wide range of products (like food packaging, cleaning products, and textiles) and for commercial and industrial applications.

Prepare for more state PFAS rules

Safer States, an alliance of environmental organizations that supports developing state regulatory policies for toxic chemicals, published the 2025 Analysis of State Policy Addressing Toxic Chemicals and Plastics. The evaluation covered states’ toxic chemical policies (a) introduced in 2025, (b) introduced in 2024 and considered through 2025, and (c) expected to be introduced in 2025. It also included related proposed regulations that would implement existing state laws.

The report projects that at least 29 states will likely consider policies to address PFAS in 2025, including:

Safer States expects these states to consider policies such as:

• Phasing out PFAS uses;
• Disclosing to consumers the presence of PFAS in products;
• Testing and monitoring for PFAS in water, sludge, and waste;
• Setting PFAS standards for drinking water, groundwater, and surface water; and
• Providing resources to clean up PFAS-contaminated sites.

Current state PFAS actions

Multiple states already have PFAS rules on the books. Check out these examples:

• California bans selling or distributing in commerce any new juvenile product that contains regulated PFAS chemicals (CA HSC Section 108946), such as changing pads, motor vehicle child restraint systems, playpens, and strollers.
• New York forbids selling or offering for sale new apparel with intentionally added PFAS (N.Y. Consolidated Laws Section 37-0121).
• Hawaii prohibits manufacturing, selling, offering for sale, and distributing for sale or use food packaging — wraps, liners, plates, food boats, and pizza boxes — with intentionally added PFAS (Act 152 Relating to environmental protection).
• Maryland bans manufacturing, selling, and delivering cosmetic products that contain any of 13 specified PFAS (Md. Code, Health-Gen. Section 21-259.2).
• Colorado requires manufacturers of cookware with intentionally added PFAS in the handle or any product surface that contacts food to, among other things, list the presence of PFAS on the product label (House Bill 22-1345).

Many states also have proposed PFAS rules under consideration, like Texas, Maine, Arizona, Illinois, and Virginia.

Stay alert to state PFAS actions

If your facility uses PFAS, it’s essential to know whether the state has regulations that apply to your operations. Plus, knowing the state’s potential future PFAS rules coming down the pipeline can help you better prepare to comply.

Consider these general tips to support your facility’s efforts to track state PFAS actions:

• EPA provides an online list of the state environmental agencies with links to their websites. Check the state environmental agency’s online news and press releases for policy updates.
• Search for a dedicated rulemaking webpage, as many states maintain a list of proposed and recently adopted regulations. Note that some state sites may be easier to navigate than others, and some state sites may not have a dedicated rulemaking webpage.
• Establish a contact at the state environmental agency. Each agency should list contact information, so don’t hesitate to reach out. You may be able to find someone at the agency who can answer questions about the state’s current and future PFAS rules.

Staying alert to state PFAS regulations can help your organization maintain compliance.

Key to remember: States across the country continue to consider and implement regulations related to PFAS. Staying alert to state PFAS actions is key for businesses to stay compliant.

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

Big takeaway

Over 1,500 warehouse fires happen annually on average, NFPA estimates. That means warehouse fires are not rare. The first time that fire crews lay eyes on your warehouse should not be when there’s a roaring fire there in the middle of the night.

Ideally, fire service members should be involved before a warehouse is built. That way, things like water supplies and crew access can be part of the drawing board. If your warehouse is already in operation, it’s still critical for fire services to check out your warehouse. They can get familiar with your warehouse configuration, its fire suppression systems, and its stored commodities.

While the two reports detail challenges and trends for warehouse fires, one overarching takeaway prevails — pre-planning between the warehouse owner/operator and the fire service is a must. The concept is covered in the podcast too. Pre-incident planning inevitably helps fire crews to efficiently control and suppress an actual fire. It also informs the owner/operator about fire crew capabilities for the site.

OSHA’s Emergency Action Plan standard calls for covered employers to implement a plan to protect employees during fire emergencies. This requirement is found at 29 CFR 1910.38, 1915.502, 1917.30, 1918.100, and 1926.35, depending on your industry. However, the pre-incident planning that NFPA is talking about is pre-planning WITH the fire department so that there are better outcomes for people and property, in the event of a fire.

Identifying challenges

The 125-page NFPA report, “Identifying Challenges to Fire Service Response in Storage Facilities,” emphasizes that warehouses are evolving to meet greater demand. The report:

• Flags 16 challenges that dog fire services in warehouse fires,
• Lists almost 250 articles and publications on fighting warehouse fires,
• Identifies over 20 gaps in knowledge related to warehouse firefighting,
• Makes a nine-category research plan, and
• Offers 12 recommendations.

One recommendation suggests that future study needs to focus on ways fire departments can improve communication with warehouse owners/operators about pre-planning. The idea is that more communication should happen not only for existing warehouses but before constructing them. It’s also vital when warehouses are about to experience a change. Similarly, fire departments and warehouse owners/operators need to work out how employees will be head counted during a fire incident.

Five years of warehouse fires

Another NFPA report, “Warehouse Structure Fires,” chronicles thousands of warehouse fires that happened between 2018 to 2022. In some cases, the 8-page report reflects on fires going back to 1980. It offers 13 charts that cover the:

• Number of warehouse fires,
• Property damage from warehouse fires,
• Warehouse structure status,
• Day of the week the fire occurred,
• Month the fire occurred,
• Time of day the fire occurred,
• Equipment involved in the fire ignition,
• Cause of ignition,
• Contributing factor to ignition,
• Heat source,
• Origin of the fire,
• First item to be ignited, and
• First material to be ignited.

The report concludes that four components are essential to protecting warehouses from fire: proper sprinkler systems, automatic alarms, pre-fire inspections, and pre-planning.

Take it from the pros

Finally, NFPA sat down with two fire protection professionals for 42 minutes to talk about “Big Storage, Bigger Questions.” The podcast sunk its teeth into some of the deeper concepts found in the new “Identifying Challenges” report, including:

• Automatic storage and retrieval systems,
• Unlimited area buildings,
• Tall racking systems,
• Pre-incident planning,
• Firefighting in rural areas,
• Communications between fire departments and warehouse owners/operators,
• Management of change and changing commodities,
• In-rack sprinklers,
• Standpipe systems,
• Limited air supply for respirators, and
• Adopting fire standards.

Again, pre-planning was reiterated. The pros explained that warehouses have many variables, so getting crews into these facilities before any fire happens is important for better outcomes if a fire were to occur.

Key to remember

NFPA released two reports and a podcast related to the challenges of combating warehouse fires and the history of fires in U.S. warehouses. Pre-planning is an overarching theme in all three.

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!

‘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.

What is 392.2C?

Section 392.2C is enforcement’s code for “failure to obey traffic control device.” The C stands for control.

The citation appears in the severity table for the Unsafe Driving BASIC (Behavior Analysis and Safety Improvement Category). The violation has been assigned a value of 5 out 10, with 10 being the most severe. The violation is used when calculating both the carrier’s and driver’s Unsafe Driving BASIC scores.

In most instances, the traffic control device is not a signal light or stop or yield sign. Rather, it is the sign that instructs the driver to pull into a weigh station.

Who must pull into a weigh station?

The vehicles that must stop at scales and inspection locations vary from state to state and even from location to location within a state. The “weigh scale ahead” or similar sign should be the driver’s guide.

If the sign reads:

• All vehicles over 16,000 pounds, the driver can safely bypass the scale if under the weight threshold.
• All commercial motor vehicles, the driver should pull in. It is far better to be waived or green lighted through than to be chased down.

Often those who operate commercial vehicles not requiring a commercial driver’s license, such as a large pickup truck or small box truck, mistakenly believe weigh scale inspections are just for larger rigs.

What happens when a driver ignores signage?

If a driver goes past a weigh station without pulling in as directed by a traffic control device, enforcement will pursue and pull over the driver. The officer will then escort the driver back to the weigh station for a roadside inspection.

Even if the driver was honestly confused whether the sign applied to the vehicle, it is too late. And more than likely enforcement’s interest has been piqued. It is highly unlikely the driver will be waived through at this point, and 392.2C will be entered on the roadside inspection report.

Handling violations

CSA’s enforcement model suggests finding the root cause of roadside inspection violations to prevent future occurrences and ultimately improve BASIC scores.

A violation of 392.2C may have one of several root causes, such as:

• Confusion over applicability
• Inattentiveness (missing the sign)
• Running late
• Risky behavior (taking the chance that no one will pursue)
• Concern over other violations discovered once stopped

Whatever the reason, it must be addressed with the driver. Corrective actions range from refresher training to termination. If the driver was trying to avoid enforcement for other reasons (drugs, alcohol, over HOS limits), these other violations need to be addressed accordingly.

Key to remember: Failing to obey a traffic control device will be used in calculation of the CSA Unsafe Driving BASIC scores. Motor carriers should address the root cause of the violation so it does not recur.

For-hire vs. private

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

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

For-hire operating authority

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

The most common types of authority are:

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

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

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

One size does not fit all

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

Permanent authority required

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

Getting it right

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

What is a split specimen?

When a driver gives a urine sample for the purposes of DOT drug testing, the collector will split the specimen into two separate containers. The container labeled as the primary specimen will be tested by the lab; the container labeled as the secondary specimen is only tested if the driver requests that it be tested after the primary specimen is verified as positive, adulterated, or substituted.

How does a driver request that the split specimen be tested?

When the medical review officer (MRO) contacts the driver about a verified positive, adulterated, or substituted test, the MRO will inform the driver of the driver’s right to have the split specimen tested. The driver then has 72 hours from the time of notification to request via the MRO that the split specimen be tested.

What happens while the split specimen is being tested?

Because the driver’s primary specimen was verified positive, adulterated, or substituted, the motor carrier should have already pulled the driver from performing safety-sensitive functions. The driver cannot resume driving while the split specimen is being tested. Whether the driver is reassigned to a non-driving position or is suspended depends on the motor carrier’s drug and alcohol policy.

Who pays for the split specimen to be tested?

The regulations specify that the carrier cannot delay lab testing in order to collect payment from the driver. The secondary specimen should be submitted for testing as soon as the driver requests it, and motor carrier will be billed through the carrier’s lab account. In some cases, the motor carrier can seek reimbursement from the driver for full or partial costs of the split-specimen test.

Is the drug violation reported to the Drug and Alcohol Clearinghouse right away, or does the MRO wait for the results of the test on the secondary sample?

The MRO will report the positive, adulterated, or substituted drug test result to the Drug and Alcohol Clearinghouse within two business days of verifying the result for the primary specimen. Once the MRO receives the lab results for the secondary sample, one of three things happens:

1. The secondary test result reconfirms the primary test result. The violation stands and remains in the Clearinghouse.
2. The test of the secondary sample fails to reconfirm any of the original findings. The test will be canceled, and the MRO will change the result in the Clearinghouse within one business day of receiving the secondary test results.
3. The test of the split specimen does not reconfirm the original result but identifies something suspicious in the secondary sample. The regulations in 40.187 spell out a variety of situations that require the driver to be tested again, such as if the secondary sample is invalid or if part of the original result is reconfirmed but the sample also tests as substituted or adulterated. If any of these complex scenarios applies, the MRO will direct the carrier’s designated employer representative (DER) to immediately send the driver for another collection under direct observation. If that test result is negative and is not adulterated or substituted, the MRO will change the result in the Clearinghouse within one business day of receiving the secondary test results. Otherwise, the violation will stand and remain in the Clearinghouse.

Key to remember: Dividing a urine specimen into two samples allows for a driver to request that the secondary sample be tested if the first specimen indicates drug use. This is an important part of the driver’s right to due process.

The downsizing download

After layoffs, remaining employees might distrust management and exhibit a decrease in productivity and morale. They could experience survivors’ guilt, seeing the displaced employees as “victims” in a sense, especially if those who were laid off were treated poorly.

When companies treat laid off employees with compassion and respect, it strengthens the relationships with remaining employees. It also helps when companies assist departing employees with life after the layoff by connecting them with resources to become re-employed elsewhere.

Layoffs, therefore, should be well-orchestrated. Thorough planning and clear communication can mitigate discontent. Once the downsizing is over, HR leaders and department managers should meet with the remaining staff to discuss the company’s plans, calm any fears, answer employee questions, and address any concerns.

Other ways to support remaining employees

Companies must keep lines of communication open when layoffs are involved. Companies should also:

• Explain the new strategy. Let employees know how work will be redistributed and what their roles will be.
• Redefine goals. Realign employee goals to match the new strategies. Make sure the goals are realistic, focus on the new priorities, and explain how progress will be measured.
• Involve employees. Getting employee input gives them a sense of power over the changes they’re experiencing. It helps alleviate their fear and tension. Include them in the problem-solving steps and recognize their ideas.
• Develop and expand skills. Employees might have to cover open positions or take on unfamiliar tasks. Support them as they learn and develop new skills, and offer them the resources they need. While this could be a great learning opportunity, it could also be overwhelming. Be empathetic as they grow and adapt.
• Be supportive. Change is hard. Create time and space for employees as they adjust to doing more with fewer people. This might mean having more one-on-one meetings or carving out time to listen to their concerns and just being there for them.
• Be open to feedback. This might be the toughest one but asking for feedback and being receptive to hearing it (even if it’s negative) creates trust. Providing a safe space for employees to speak openly without fear of repercussions fosters relationships and improves workplace culture.

Key to remember: Layoffs are tough. With the right strategies in place, it’s possible to keep employee morale up even during dark days.

DOGE and OMB review

Once the regulations have been identified, the White House Office of Management and Budget (OMB) and the Department of Government Efficiency (DOGE) will work with agency leaders to:

• Create a plan for rescinding or modifying the regulations, and
• Begin winding down their enforcement.

Executive order 14219, titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative,” was issued February 19, 2025.

The order exempts regulations related to the military, national security, foreign affairs, immigration, and the federal workforce.

It also directs agencies to consult with DOGE and OMB on any potential new regulations to ensure they comply with all of President Trump’s executive orders to date, including orders to:

• Remove 10 new regulations for every new one issued, and
• Freeze any pending regulations until the new administration has had a chance to review them.

The OMB is expected to issue guidance to help agencies determine how best to implement the executive orders.

Investigation results

OSHA's investigation revealed that critical safety procedures were not followed for machine safety. The company was cited for one willful violation for not de-energizing a machine and two serious violations for allowing employees to bypass safety doors and failing to conduct annual inspections on energy control procedures. These violations have resulted in $193,585 in proposed penalties. Unfortunately, this isn't the first time the company has faced safety issues; there have been previous fatalities and a history of violations since 2016.

So, what can an employer do to ensure this does not happen to them? OSHA provides two comprehensive standards related to machine safety that employers need to establish in their safety programs. The first is machine guarding, found at 1910 Subpart O - Machinery and Machine Guarding. The second is 1910.147, The Control of Hazardous Energy (Lockout/Tagout).

Importance of machine guarding

The machine guarding standard requires that machines be equipped with guards to protect operators and other employees from hazards such as point of operation, ingoing nip points, rotating parts, and flying debris. These guards must be securely attached to the machine and designed to prevent any part of an employee's body from entering the danger zone during operation.

OSHA doesn't specifically require machine guarding training, but it does expect employers to make sure their workers are protected from machine hazards. This means employers need to train their employees on how to recognize these hazards and use machine guards correctly. As a best practice, training should occur prior to working on the equipment, and whenever changes in the equipment or processes occur that impact the guarding.

Importance of controlling potentially hazardous energy

Lockout/Tagout (LOTO) requirements are designed to protect workers from hazardous energy during the servicing and maintenance of machines and equipment. The standard applies to the control of energy during these activities, where unexpected energization or the release of stored energy could cause injury.

As part of this regulation, employers must establish an energy control program that includes specific procedures for shutting down, isolating, blocking, and securing machines or equipment to control hazardous energy. The regulation also requires evaluating the procedures at least annually to ensure they are accurate and effective.

Employee training is dependent on the role of the employees including:

• Authorized employees, who perform the lockout/tagout procedures, must be trained in recognizing hazardous energy sources and the methods to isolate and control them.
• Affected employees, who operate or use the machines being serviced, need to be aware of the procedures and the importance of not attempting to restart equipment that has been locked or tagged out.
• Other employees, who may be in the area, should be informed about the lockout/tagout procedures and the significance of the devices used.

Key to remember: This tragic incident highlights the urgent need for employers to enforce safety when working with machines, including machine guarding and lockout/tagout procedures, and ensure employees are well-trained to recognize and mitigate hazards.

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.

What do the regulations require?

Ladders come under OSHA’s walking-working surfaces regulations in 29 CFR 1910 Subpart D. The ladder regulation at 1910.23 applies to all general industry employers that use ladders, with two exceptions: ladders used for emergency operations (e.g., firefighting or rescue operations) and ladders that are an integral part of a machine’s design.

As an employer, you must ensure that:

• All ladders used in your workplace meet the safety requirements outlined in 1910.23, and
• Workers are trained in the proper use and inspection of the ladders they use in the workplace.

Get a leg up on training

Ladder safety training must be conducted by a “qualified person.” Per 1910.21, a qualified person describes someone who has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project. That demonstrated ability must be shown by:

• Possession of a recognized degree, certificate, or professional standing; or
• Extensive knowledge, training, and experience.

OSHA believes that many employers can draw upon the knowledge and experience of their staff to provide effective ladder safety training. Crew chiefs, supervisors, and other individuals at a facility can train workers. The catch is if they do not have a recognized degree, certification, or professional standing, then these trainers must have extensive knowledge, training, and experience. You may use outside personnel to train workers if, again, that trainer is a “qualified person.”

Workers must be trained on the proper use of ladders, correct climbing techniques, and how to use any safety systems that are in place. When making a climb, your workers must:

• Face the ladder while going up or down it.
• Use at least one hand to grasp the ladder when climbing up or down.
• Not carry anything up or down a ladder that could cause them to lose their balance and fall.

Other ladder safety precautions include:

• Select a ladder with adequate length and load limits.
• Don’t use metal ladders near electrical lines.
• Set up the ladder on a firm, solid surface.
• Keep areas around the top and bottom of the ladder clear.
• Fully open a stepladder and lock the spreaders.
• Store ladders securely in designated areas on racks or hooks.

All eyes on safety: Ladder inspections

Ladders must be inspected before initial use in each work shift, and more frequently as necessary. The idea is to identify any visible defects that could cause workplace injury. The phrase “as necessary” may include instances where a ladder falls over or potentially gets damaged during use.

Although inspection procedures aren’t outlined in the regulations, OSHA has said that it recognizes that an inspection done before the first use of the shift may be different from an “as necessary” inspection. For example, an inspection performed before the first use may include a check that the rungs are parallel and the footing is stable, while an inspection that’s conducted if a ladder is struck by a vehicle may look for structural cracks, missing rungs, or bent spreaders.

If you or your workers find a defect during use or inspection, immediately tag it, “Dangerous: Do Not Use,” or other similar language that meets the requirements of 1910.145. The ladder must be immediately removed from service until repaired or replaced.

Key to remember: Statistics show that workers have been seriously injured or killed due to falls from ladders. You, the employer, must ensure workers are trained on safe use and that ladder inspections are performed initially and as necessary.

OSHA’s announcement on helmets vs. hard hats

OSHA released a Safety and Health Bulletin (SHIB 11-22-2023) on November 22, 2023, detailing the key differences and benefits of using modern safety helmets over traditional hard hats.

And just a few weeks later, in the December 11, 2023 Trade Release, the Agency announced it would now require its inspectors to wear Type II head protection, which is also commonly referred to as safety helmets.

The two main benefits of Type II safety helmets

The November 22, 2023 SHIB discussed two main benefits of choosing modern safety helmets over traditional hard hats -- the construction of materials and the use of chinstraps.

And while OSHA has recognized the benefits of Type II safety helmets, and is actively taking steps to protect its own employees, it’s important to understand that there is not a new requirement for employers to make the switch to safety helmets.

That being said, a growing number of employers have recognized the benefits of added head protection and are choosing to use Type II helmets for their workers. In addition, some clients are starting to contractually require their construction contractors to make the switch as well.

Understanding the different types of head protection

Hard hats will have a Type I or Type II rating on the manufacturer’s sticker. These markings are based on ANSI Z89.1’s impact ratings.

Type I hard hats protect from objects or impacts from the top center area of the hard hat and are often used in work areas with no lateral head impact hazards.

Type II hard hats, on the other hand, offers protection from both top and lateral impacts and objects and is often found on construction job sites or complex general industry settings where workers face multiple head contact exposures.

Hard hats are classified based on their level of voltage protection. See the chart below.

Choosing the right head protection for your employees

Employers should conduct a job hazard analysis and/or a PPE assessment to determine which style hard hat is best for their workers. In general, OSHA recommends the use of Type II safety helmets at the following locations:

1. Construction Sites: For construction sites, especially those with high risks of falling objects and debris, impacts from equipment, or slips, trips, and falls, safety helmets have enhanced impact resistance and additional features that offer superior protection compared to the components and construction of traditional hard hats.

2. Oil and Gas Industry: In these sectors where workers face multiple hazards, including potential exposure to chemicals and severe impacts, safety helmets with additional features can provide comprehensive protection.

3. Working from Heights: For tasks or jobs that involve working from heights, safety helmets offer protection of the entire head and include features that prevent the safety helmet from falling off.

4. Electrical Work: For tasks involving electrical work or proximity to electrical hazards, safety helmets with non-conductive materials (Class G and Class E) provide protection to prevent electrical shocks. However, some traditional hard hats also offer electrical protection.

5. High-Temperature Environments: In high temperatures or where there is exposure to molten materials, safety helmets with advanced heat-resistant properties can provide additional protection to workers.

Key to remember: While there isn’t a new requirement for safety helmets, employers should review their workplace hazards to determine which style of hard hat will best protect their employees.

Submitting employees to drug tests

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

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

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

When drug testing may be permissible

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

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

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

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

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

Policies must be clear

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

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

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

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

Bottles vs. other eyewashes for emergency equipment

The OSHA standard does not provide a great deal of detail on eyewashes for employers. However, where the regulation is silent, OSHA refers employers to the American National Standards Institute (ANSI) standard Z358.1-2009, “Emergency Eyewash and Shower Equipment,” regarding installation, operation, and maintenance of emergency eyewashes. This includes capacity and flushing requirements. The ANSI standard states that an eyewash must deliver 0.4 gallons of flushing fluid per minute for at least 15 minutes.

As such, ANSI says that an eyewash bottle does not meet these criteria; therefore, it can only be used to support eyewashes that do (i.e., plumbed and self-contained units), but cannot replace them.

Capacity of eyewash bottles

The reason for this limitation is that eyewash bottles simply cannot provide the required 15 minutes of flushing. Eyewash bottles typically hold less than a gallon of water, which would supply the user with flushing fluid for approximately 1 minute. Even larger self-contained units (those with bladders) that have a capacity of 5 to 10 gallons would only provide maximum use of about 5 minutes.

In other words, eyewash bottles don’t provide an adequate amount of flushing fluid and cannot be considered a primary means of protection.

Limitations of using eyewash bottles

For this reason, OSHA warns that the use of eyewash bottles should be limited. In a 1986 memorandum to Regional Administrators, the agency states, “In general, squeeze bottles should not be used except where the hazard severity or distance from plumbed eyewash equipment requires personal equipment at work stations for immediate flushing prior to prolonged flushing at a plumbed or self-contained unit.”

In other words, employers can provide eyewash bottles in instances where plumbed or self-contained units can’t reasonably be provided (e.g., an outside yard) in the immediate work area, but only until they can reach a unit which can provide the amount of flushing fluid necessary to flush the eyes for at least 15 minutes.

OSHA expects the employer to determine the level of the potential risk to employees and provide eyewash (and/or shower) protection accordingly. The severity of the hazard(s) involved is a critical consideration when making this determination. In the past, OSHA has said that 1910.151(c)is meant to cover strong acids and alkalis, and the requirement to provide suitable facilities for quick drenching or flushing depends on the exposure and the strength of the hazardous chemical. Chemicals and materials such as household detergents or cleaners, sawdust, metal filings, etc. would not require emergency eyewash (or shower) under the standard.

OSHA enforcement on eyewashes

If an employer determines that an eyewash is needed, then it must meet the provisions set forth in the American National Standards Institute (ANSI) standard Z358.1. The agency uses the ANSI standard as an enforcement tool. This is clarified in a November 1, 2002, Letter of Interpretation, which says, “If OSHA inspects a workplace and finds unsuitable facilities for quick drenching or flushing of the eyes and body, a citation under 29 CFR 1910.151(c)would be issued. When determining whether the eyewash or shower facilities are suitable given the circumstances of a particular worksite, OSHA may refer to the most recent consensus standard regarding eyewash or shower equipment…”

Without the ANSI standard, employers would find it difficult to demonstrate to OSHA exactly how their eyewash and shower units were suitable exclusive to the regulatory language under 1910.151(c) since it’s limited and vague.

Key to remember

Eyewash bottles don’t meet the requirement under 1910.151(c) to provide “suitable” facilities for quick drenching or flushing of the eyes. They cannot be the only eyewash provided in the workplace.