EPA Partial Withdrawal of Final Rule: Technical Corrections to August 9, 2023 Solid and Hazardous Waste Rule

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!

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.

Last year’s survey results

The annual survey provides invaluable information, including industry hurdles and how they’ve changed over the past few years.

The information shared in the 2024 study helped stakeholders address the challenges of fleet management, including:

• Compliance
• Driver training
• Driver knowledge and skills
• Job stress
• Leadership buy-in
• Overall safety
• Vehicle maintenance

Click to view The State of Fleet Management: Insights on Priorities for Today's Fleet Managers — 2024 Study.

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.

‘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.

Here are your options for January/February

Carriers must display one or more of the following to travel through IFTA member jurisdictions for the first two months of 2023:

• A valid 2023 IFTA license and two IFTA decals issued by an IFTA member jurisdiction (you filed on time and received your new credentials in time for 2023); or
• A valid 2022 IFTA license and two IFTA decals from an IFTA member jurisdiction as long as the renewal application has been filed for 2023 (you filed on time but didn’t receive your new credentials in time for 2023); or
• A valid trip permit issued by the IFTA member jurisdiction through which they are operating.

Remember, IFTA license renewals for 2023 must be filed with your base jurisdiction before the end of 2022. The two-month grace period is for display of renewal credentials, not to file your renewal application for those credentials.

For early filers

Carriers renewing credentials may operate with the new 2023 IFTA decals and license two months prior to the effective date shown on the credentials. These carriers must still file a fourth quarter report for 2022, including all operations for that quarter.

Credentials 101: IFTA license and decals

Any person or carrier based in an IFTA member jurisdiction operating a qualified motor vehicle(s) in two or more member jurisdictions is qualified to license under the IFTA program. Applications request basic information about the carrier and its operations and must be submitted with the applicable license and/or decal fees. Fees vary by jurisdiction.

The IFTA license is valid for the period of January 1 through December 31. Each IFTA license must be renewed for the next calendar year. The base jurisdiction will notify its licensees of the renewal requirements.

If the applicant meets all IFTA application requirements, the base jurisdiction will issue the IFTA license and decals. The license contains an account number assigned by the base jurisdiction. This account number is then used for reporting all IFTA activity of the licensee.

The licensee is required to make legible copies of the license and carry one copy in each vehicle. Since January 2019, the license may be carried electronically. Failure to display a copy of the license may subject the vehicle operator to the purchase of a trip permit and/or a citation. Each licensee is issued two vehicle identification decals for each qualified vehicle in the fleet. Decals must be placed on both sides of the vehicle’s cab (passenger and driver side). Failure to display the identification decals in the required locations may subject the vehicle operator to the purchase of a trip permit and a citation.

Key to remember: For seamless operation into the new calendar year, file your IFTA renewal application with your base jurisdiction well before December 31, 2022.

8 steps involved in an HR audit

If you decide an audit would be beneficial for your organization, here are the basic steps to share with leadership to make sure everyone is on board.

1. Define the scope and goals of the audit. Will the focus be on compliance with labor laws, efficiency of HR practices, or both?
2. Review HR policies, employee handbooks, and contracts. This step ensures that the policies are up to date and in line with current laws and regulations. Make sure policies protect staff from workplace harassment, for example.
3. Analyze recruiting and hiring practices. This includes job descriptions, notices, applications, and onboarding practices. Ensure that these processes are fair, non-discriminatory, and in compliance with labor laws.
4. Review compensation structure and payroll. Evaluate whether employees are being paid fairly and in compliance with all relevant federal, state, and local laws. This includes making sure all employees are paid at least the applicable minimum wage or minimum salary level, and that you are calculating overtime correctly when needed. Make sure employees and independent contractors are classified correctly.
5. Look at benefits and leave policies. Confirm that leave policies align with federal and state laws. Verify that health insurance, retirement plans, and other benefits meet the legal requirements and are communicated effectively to employees.
6. Evaluate performance management systems. Assess whether performance reviews are fair, unbiased, and aligned with company goals. Make sure that systems are in place to provide constructive feedback for employees. Consider whether disciplinary notes or performance evaluations have been inconsistent or vague and implement ways to improve this so that in the future written documentation can help prove, for example, that proper steps were taken. 
7. Ensure that the company adheres to all other applicable labor laws. This includes posting requirements, working conditions, workplace safety, and other statutory requirements.
8. Review employee files. Make sure you are adhering to recordkeeping laws. For example, an employee’s personal health information must be kept separate from their general personnel file. 

Key to remember: With the flurry of employment law changes in the past several years, 2025 may be a good year to do an HR audit.

Eligible employees

Employees must meet the eligibility criteria to take FMLA leave. This doesn’t require employees to work a full-time schedule, but they must:

• Have worked for the employer for at least 12 months (don’t have to be consecutive),
• Have worked at least 1,250 hours in the 12 months before the leave begins, and
• Work at a location with at least 50 company employees within 75 miles.

The 1,250 hours equates to someone working a little more than 26 hours per week, so part-time employees can be eligible to take FMLA leave.

12 workweeks

Once employees meet all three eligibility criteria, they may take up to 12 of their workweeks of leave in a 12-month leave year period for FMLA-qualifying reasons. The workweek is the basis of leave entitlement.

If, therefore, Joe Employee normally works 30 hours per week, he gets 12 of his 30-hour workweeks of leave. This translates into 360 leave hours. Part-time employees still get 12 workweeks of FMLA, but the number of hours in their leave “bucket” is smaller.

To help illustrate this, if Joe Employee needed seven weeks of continuous leave beginning December 12, 2024, his seven weeks of leave would end on January 30, 2025. The employer would simply count the weeks, as Joe would get seven of his 30-hour workweeks of leave. Joe would have five weeks of FMLA leave remaining in the 12-month leave year period.

If, however, Joe Employee needed intermittent leave, the employer would count only the days (or hours) that Joe took leave. Employers like to think of these 12 weeks through the lens of how many hours of FMLA leave are available. Employees who normally work 40 hours per week get 480 hours of FMLA leave. Part-time employees who work less than 40 hours per week get fewer hours of FMLA leave.

Key to remember: Part-time employees can be entitled to FMLA leave as long as they meet the eligibility criteria, but they have fewer hours of FMLA leave.

Clarifying recordability

Seasonal influenza (flu) is extremely common, especially during the winter season. With almost 30 million cases each year, this contagious respiratory illness can easily infiltrate the workplace. Flu can be spread from direct contact with others, sneezing, coughing, or simply talking to an infected person. Symptoms can range from a mild runny nose to hospitalization due to complications from the virus. So, when does the flu become recordable on the OSHA log?

OSHA's recordkeeping regulation at 1904.5(a) requires employers to consider an illness to be work-related if an event or exposure in the work environment either caused, contributed to, or significantly aggravated a pre-existing illness. Work-relatedness is presumed for illnesses resulting from events or workplace exposures unless they fall within one of the exceptions listed in the standard. The common cold and flu is one of those exceptions.

Section 1904.5(b)(2)(viii) states that employers are not required to record injuries and illnesses if, ". . . the illness is the common cold or flu. The exception for cold or flu cases applies even if the illness was contracted at work or outside of work. However, contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work.

While OSHA's regulations don’t require the employers to record flu cases, employers should never assume the recordability exception without a careful look at each instance. Employers should make every effort to investigate cases of illnesses to rule out any underlying issues that may be work-related, such as the exposure to hazardous substances that could be creating chemical sensitization which may mimic flu-like symptoms.

Additionally, employers should seek an opinion from a medical professional to confirm an illness is seasonal influenza. The illness may meet recording criteria if it is determined as significant following a diagnosis by a physician or other licensed health care professional, even if it does not result in medical treatment beyond first aid or other recordable criteria.

Understanding the regulations

OSHA’s Bloodborne Pathogens standard at 1910.1030 has been effective for worker protection from exposures to blood or other potentially infectious material (OPIM) like saliva, tears, or other bodily fluids. However, the standard doesn’t address the flu “bug.”

A standard has been considered for consistent management of workplace transmission-based infection control. OSHA has published an Infectious Disease Request for Information (RFI), Stakeholder Summary Report, and Small Business Advocacy Review (SBAR) Panel Final Report that demonstrate a focus on worker protection from infectious diseases. These reports and information on the Agency’s Notice of Proposed Rulemaking (NPRM) are available at www.osha.gov/infectious-diseases/rulemaking. In the meantime, employers have a duty to protect workers from recognized hazards under the General Duty Clause.

Key to remember: Employers are not required to record on the OSHA 300 Log when an employee has the flu or common cold, regardless of whether the illness resulted from a workplace exposure.

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.

Alternative glove selection for COVID-19

Here’s a summary of glove types and the protection given to help evaluate alternatives.

Butyl gloves protect against a variety of chemicals such as peroxide, highly corrosive acids, strong bases, alcohols, aldehydes, ketones, esters and nitrocompounds. Butyl gloves also resist oxidation, ozone corrosion and abrasion, and remain flexible at low temperatures. However, they do not perform well with aliphatic and aromatic hydrocarbons and halogenated solvents.

Natural (latex) rubber gloves have good elasticity and temperature resistance, and resist abrasions well. They protect against most water solutions of acids, alkalis, salts, and ketones. Latex gloves may cause allergic reactions and may not be appropriate for all employees. Hypoallergenic gloves, glove liners, and powderless gloves are possible alternatives for employees who are allergic.

Neoprene gloves protect against hydraulic fluids, gasoline, alcohols, organic acids, and alkalis. Their chemical and wear resistance are generally better than gloves of natural rubber.

Nitrile gloves are intended for jobs requiring dexterity, and they stand up even after prolonged exposure to substances that cause other gloves to deteriorate. They offer protection when working with greases, oils, acids, caustics, and alcohols but are not recommended for use with strong oxidizing agents, aromatic solvents, ketones, and acetates.

Prepare the 300A

Employers that maintain a 300 Log must prepare a 300A Annual Summary and post it from February 1 though April 30. Even if the establishment had zero recordable incidents, the employer must post the summary. OSHA requires posting physical copies, but employers can post on a company intranet in addition to the physical poster.

Before creating the 300A, review the 300 Log for accuracy. Employers don’t have to examine every entry but should spot check a number of cases. Typical problems include:

• In Column (E), listing a vague location such as “warehouse” rather than a more accurate description such as “loading dock north end.”
• Column (F) requires describing the injury, the body part, and the cause. A description like “burned forearm” does not specify left or right and does not describe how the incident occurred. OSHA gives the example, “Second degree burns on right forearm from acetylene torch.”

To complete the 300A, employers need to calculate the average number of employees and the total hours worked. For more information, see our article Completing the 300A: Tips for the mathematically challenged.

Once completed, a company executive must certify the summary before posting. The regulation defines an executive to include the owner, an officer, or the highest ranking official at the establishment.

E-report if required

Many employers must submit injury data through OSHA’s Injury Tracking Application (ITA) by March 2nd each year. Reporting obligations are based on two variables:

1. The number of employees at each establishment (not the number in the entire company), and
2. The NAICS code for each establishment.

The employee count is based on peak employment, not the annual average. If the location reached 20 or more employees during any pay period, it may have to report. This includes part-time and temporary workers, if the location was responsible for recording those workers’ injuries.

To illustrate, suppose a furniture store has 17 retail locations, plus a distribution center, for 18 establishments. Each retail store had fewer than 20 employees all year, but the distribution center had 35 employees. None of the retail locations would need to e-report. Only the distribution center must electronically file.

As noted, not every employer is covered, but even furniture stores and grocery stores must report if an establishment had 20 or more employees. In brief:

• If an establishment had 20 or more employees and the NAICS code appears in 1904.41 Appendix A, the location must report.
• If an establishment had 100 or more employees and the NAICS code appears in 1904.41 Appendix B, the location must report.
• If an establishment had 250 or more employees and is required to maintain a 300 Log, the location must report regardless of NAICS code.

Since 2025 is only the second year for e-reporting under the revised regulation, check out the requirements in our article Are you ready for OSHA's new injury e-reporting rule on January 1, 2024?

Key to remember: If your company must maintain an OSHA 300 Log, you must prepare and post a 300A Annual Summary by February 1st and you might need to electronically report injury data to OSHA’s ITA by March 2nd.

What are the updates?

OSHA penalties are designed to encourage compliance with safety and health regulations. The penalties are categorized based on the severity and nature of the violation including:

• Other-Than-Serious violations are situations that have a direct relationship to job safety and health but are not likely to cause death or serious physical harm. The maximum penalty for other-than-serious violations is also $16,550 per violation.
• Serious violations occur when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The maximum penalty for a serious violation is $16,550 per violation.
• Willful violations happen when an employer knowingly fails to comply with a legal requirement or acts with plain indifference to employee safety. The penalties for willful violations can be as high as $165,514 per violation with a minimum of $11,823.
• Repeated violations are violations of any standard, regulation, rule, or order where, upon re-inspection, a substantially similar violation is found. The maximum penalty for repeated violations is $165,514 per violation.
• Failure to Abate penalties apply when an employer fails to correct a previously cited violation by the abatement date. The penalty can be up to $16,550 per day beyond the abatement date.

How does OSHA determine when penalties apply?

OSHA determines penalty amounts based on several factors including:

• Severity of the Violation: The more severe the violation, the higher the penalty. For example, serious violations, which could result in death or serious harm, carry higher penalties than other-than-serious violations.
• Employer's Size: Smaller businesses may receive penalty reductions. OSHA considers the number of employees when determining penalties, with smaller companies potentially receiving reductions to avoid undue financial hardship.
• Good Faith: If an employer has shown good faith efforts to comply with OSHA standards, such as having a safety and health program in place, they might receive a reduced penalty.
• History of Violations: Employers with a history of violations, especially repeated or willful violations, face higher penalties. If a company has been cited for similar issues in the past, the penalties can be significantly increased.
• Gravity of the Violation: This includes factors like the number of employees exposed to the hazard, the duration of exposure, and the likelihood of injury or illness. Higher gravity violations result in higher penalties.

What if I am in an OSHA-approved state plan state?

Besides federal OSHA, 22 states have OSHA-approved state plans covering both private and public sector workers. These plans must be as effective as federal standards. However, some states impose higher penalties and stricter enforcement. If you operate a business in these states, you’ll want to review any additional requirements that may apply.

Key to remember: OSHA penalties have gone up by 2.5% in 2025, making it more costly for businesses to ignore safety initiatives. It's important to keep up with both federal and state OSHA requirements, as some states have even tougher penalties and stricter enforcement than the federal standards.