EPA proposal challenges CARB’s Clean Truck Check program

Spanish translations prompted by law

The Pesticide Registration Improvement Act (PRIA) has been enacted and reauthorized five times. The latest version (PRIA 5) was signed on December 29, 2022. It amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require Spanish language translation for sections of the end-use pesticide product labels. However, those translations are only required where translation is available in EPA's Spanish Translation Guide for Pesticide Labeling.

Those sections deal with the health and safety of the product. Specifically, the guide has Spanish translations of the:

• “Keep out of reach of children” statement,
• Restricted use pesticide (RUP) statement for restricted use products,
• Misuse statements,
• Signal word,
• First aid section,
• Precautionary statements,
• Personal protective equipment section,
• Engineering controls,
• Environmental hazards,
• Physical or chemical hazards, and
• Storage and disposal statements.

Methods of communicating translations

When a registered pesticide product is released for shipment, PRIA 5 requires translations or a link to translations on the product container. Any link would be via scannable technology or other accessible methods. Antimicrobial pesticide products and non-agricultural/non-RUP products have yet another option. They may provide a link to the Spanish Safety Data Sheets instead of a link to label translations.

Deadlines for translations

PRIA 5 establishes a rolling schedule for the implementation of bilingual labeling. The schedule runs from December 2025 to 2030, with the translations for the most hazardous and toxic pesticide products required first. In fact, EPA is starting with RUPs and agricultural pesticides classified as acute toxicity category I. All end-use pesticide labels must have translations by 2030. 

The dates when bilingual labeling is due are based on pesticide product type:

EPA tracking required

PRIA 5 also requires EPA to develop, implement, and make publicly available a plan for keeping track of the adoption of bilingual labeling. The agency previously proposed and received comments on using the annual paper maintenance fee filing form to track adoption. It would have used a checkbox to indicate whether products included bilingual labeling.

However, EPA has scrapped that approach. It’s now proposing to track adoption through its electronic MyPeST app. In this case, registrants would electronically check a box next to each pesticide product indicating whether it includes the required bilingual labeling. MyPeST would display product information — such as product type and signal word — to help registrants determine their products’ compliance dates.

The agency also wants to add a checkbox to MyPeST to indicate that a pesticide product will not be released for shipment. This helps distinguish between noncompliance and nonapplicable circumstances.

For tracking purposes, registrants would not need to submit the labels to EPA.

EPA seeks comments

Comments on the proposed tracking method must be received on or before September 19, 2025. Send comments to docket ID EPA-HQ-OPP-2025-0049 at www.regulations.gov. Any comments are welcome, but EPA is particularly looking for examples of how it could reduce this tracking paperwork burden for businesses employing fewer than 25 workers.

The proposed method is anticipated to take 24 hours and cost just over $3,000 per covered entity per year. Entities potentially affected by the notice and comment request include:

• Pesticide importers,
• Pesticide manufacturers, and
• Government establishments responsible for agricultural pest/weed regulation.

Q&As available

EPA says it has also updated its Bilingual Labeling Questions & Answers webpage. Additional questions and answers touch on topics relating to, but not limited to:

• Enforcement,
• Supplemental distributor labels,
• QR codes and websites already on the label, and
• How to handle subsequent label changes. 

This living document now has over 50 Q&As. It will be updated as PRIA 5 requirements and deadlines are met and new information is available.

Key to remember

EPA issued a notice requesting comments by September 19 on how it wants to track the adoption of bilingual labeling. Spanish language translation for sections of the end-use pesticide product labels has a rolling schedule from 2025 to 2030. The agency also updated its Bilingual Labeling Questions & Answers webpage.

Emission inventories: often counted together

Emission inventories help regulatory agencies track actual emissions from facilities over time. These records support air quality models, guide policy, and help protect public health.

In many cases, HAPs that are also VOCs (like toluene or xylene) are included in the total VOC count. For example, the U.S. Environmental Protection Agency (EPA) includes HAP-VOCs in its National Emissions Inventory (NEI), which supports regional air quality models like the Community Multiscale Air Quality (CMAQ) system.

Frequently Asked Question: What is the National Emissions Inventory?

As an example, the Texas Commission on Environmental Quality (TCEQ) recommends using conservative “first cut” estimates for both VOCs and HAPs. This makes early reporting easier and helps avoid underestimating emissions.

Potential to emit (PTE): counted separately

PTE calculations are used to determine a facility’s regulatory status—such as whether it qualifies as a major source under New Source Review (NSR) or Title V or is subject to Maximum Achievable Control Technology (MACT) standards.

In this context, HAPs and VOCs are counted separately because they are subject to different thresholds:

• HAPs: 10 tons per year (TPY) for a single HAP, or 25 TPY for total HAPs.
• VOCs: Typically 100 TPY for major source classification under New Source Review (NSR), though this can vary by attainment status.

This separation is critical. A facility might exceed the HAP threshold and trigger MACT requirements, even if its VOC emissions are below NSR thresholds—or vice versa. As an example, if a paint booth has the potential to emit 500 pounds of toluene, this is counted as 500 pounds of HAP and 500 pounds of VOC. Even though that seems like double-counting for the same emission, it is important to include in both totals separately.

State-by-state variability

While federal rules provide a baseline, states often have their own interpretations and requirements:

• Ohio: Offers detailed guidance on calculating VOC and HAP emissions separately for permitting purposes. Facilities must demonstrate compliance with both sets of thresholds.
• Texas: Uses a tiered approach. Facilities begin with conservative estimates and refine them only if emissions approach regulatory thresholds.
• California: Maintains stricter standards and often requires separate reporting for toxic air contaminants (TACs), which include many HAPs. The state’s Air Toxics Hot Spots Program adds another layer of complexity.

Why the distinction matters

Failing to understand how HAPs and VOCs are counted can lead to serious compliance issues:

• Permitting errors: Misclassification can result in incorrect permit applications or missed regulatory obligations.
• Underreporting risks: Facilities may inadvertently underreport emissions if they assume HAPs are always included in VOC totals.
• Modeling impacts: While combined inventories help with regional modeling, they may obscure the risks posed by individual pollutants.

Recommendations for facilities

To stay compliant and avoid costly mistakes:

• Check state guidance: Requirements vary widely. Always consult your state environmental agency.

• Use Safety Data Sheet (SDS) data: Identify both VOC and HAP content in raw materials.
• Maintain separate records: Especially for PTE calculations, keep VOC and HAP data distinct.
• Consult experts: When in doubt, seek help from J. J. Keller & Associates subject matter experts using the Expert Help feature.

Key to Remember: The way HAPs and VOCs are counted depends heavily on context. Understanding these distinctions – and how they vary by state – is key to maintaining compliance and protecting air quality.

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.

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.
• 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).
• 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).
• New York forbids selling or offering for sale new apparel with intentionally added PFAS (N.Y. Consolidated Laws Section 37-0121).

Many states also have proposed PFAS rules under consideration.

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.

An overview of roles

The Environmental Protection Agency (EPA) requires all owners and operators of UST systems to designate:

• One Class A operator and one Class B operator for each UST or groups of USTs, and
• Each qualifying person at the facility as a Class C operator.

Class A operators are responsible for operating and maintaining USTs in line with the regulations. A Class A operator generally manages the resources and personnel involved to ensure UST operations comply.

A successfully trained Class A operator:

• Makes informed decisions about compliance; and
• Determines whether the facility complies with operation, maintenance, and recordkeeping requirements.

Class B operators handle the day-to-day responsibilities for managing USTs (like conducting in-field operations).

A Class B operator with sufficient training implements applicable regulatory requirements in the field on typical UST system components or site-specific equipment.

Class C operators provide immediate responses to UST-related problems.

An adequately trained Class C operator takes the necessary response actions to emergencies or alarms caused by UST spills and releases.

Basic training requirements

EPA outlines the minimum training requirements for each operator type at 40 CFR Part 280 Subpart J. All classes of operators must be trained or pass a comparable examination. Class C operators have the additional option to receive training from a Class A or B operator at the facility.

A facility can designate an individual for multiple operator classes. Any person with multiple designations must complete the required training or comparable examination for all applicable classes.

Class A and Class B operators must be trained within 30 days of beginning UST duties. Class C operators have to be trained before starting their UST responsibilities.

Class A operators should understand the purpose, methods, and functions of:

• Spill and overfill prevention;
• Release detection;
• Corrosion protection;
• Emergency response;
• Product and equipment compatibility and demonstration;
• Financial responsibility;
• Notification and storage tank registration;
• Temporary and permanent closure;
• Related reporting, recordkeeping, testing, and inspections;
• Environmental and regulatory consequences of releases; and
• Training requirements for Class B and Class C operators.

Class B operators may be trained in either:

• General requirements for all compliance rules and the equipment commonly used at UST facilities, or
• Site-specific requirements that only cover the regulations and equipment applicable to the facility.

Additionally, Class B operators need to know the purpose, methods, and functions of:

• Operation and maintenance;
• Spill and overfill prevention;
• Release detection and related reporting;
• Corrosion protection;
• Emergency response;
• Product and equipment compatibility and demonstration;
• Reporting, recordkeeping, testing, and inspections;
• Environmental and regulatory consequences of releases; and
• Training requirements for Class C operators.

Class C operators must know how to respond with the correct actions to emergencies or alarms that are caused by spills or releases from UST operations, including notifying the authorities.

Common training questions

Consider these FAQs to help ensure your UST operator training programs comply.

How are operators evaluated?

Facilities must evaluate each operator via testing, a practical demonstration, or another approved approach.

When is retraining required?

If a UST system is found to be noncompliant, Class A and Class B operators at the facility must complete a training program or comparable examination that at least covers the areas out of compliance (unless exempt per 280.244).

Retraining should be completed within 30 days of the noncompliance determination. The training program or examination has to be developed or administered by a third party (i.e., an independent organization, the implementing agency, or a recognized authority).

How is training tracked?

Facilities are required to keep paper or electronic records that verify training and retraining for as long as the operators are designated. The records should contain at a minimum the information at 280.245(b).

What about state requirements?

It’s essential to check state UST regulations where your facilities operate. EPA has approved most states to implement the UST program. State requirements are at least as stringent as federal standards, and many state programs impose stricter rules.

Usually, operator training is obtained from third-party organizations that must be registered and approved by state environmental agencies to ensure the programs comply with federal and state requirements.

Key to remember: Training requirements for underground storage tank operators are based on their designated class: A, B, or C.

The EPA definition: “RCRA empty” explained

Under the Resource Conservation and Recovery Act (RCRA), a container that once held hazardous waste is only legally “empty” if it meets particular criteria outlined in 40 CFR 261.7. The first standard that must be satisfied is that all material has been removed from the container using normal means such as pouring, pumping, or aspirating. Secondly, no more than 2.5 centimeters or 1 inch of residue remains on the container's bottom or inner lining. Alternatively, if the container holds 119 gallons or less, it is empty if no more than 3 percent of the total weight exists, or, if the container holds more than 119 gallons, it is empty if no more than 0.3 percent of the total weight exists.

Of course, sometimes special circumstances require further evaluation. For example, a gas cylinder is not empty until the pressure has reduced to atmospheric levels, and acute hazardous waste containers must be triple rinsed with an appropriate solvent or cleaned by another approved method. If these conditions are not met, the container is still legally considered to contain hazardous waste, even if it feels empty.

The OSHA definition: “Empty” under the Hazard Communication Standard

While EPA focuses on environmental disposal and waste management, OSHA’s concern with empty containers centers on worker safety, particularly the potential for exposure to hazardous residues or vapors. Under OSHA’s Hazard Communication Standard (29 CFR 1910.1200), a container that previously held hazardous chemicals must retain its original hazard label until it is adequately cleaned or until the employer removes the label following proper decontamination procedures. For example, a drum labeled “Flammable” must keep this label even if it appears empty, as residual material or vapors may still pose a significant ignition or fire risk. Removing such labels prematurely could lead to workplace hazards and violations of OSHA regulations.

How to stay compliant

Employers must first clearly determine which rules apply to them: whether the container held hazardous materials governed by EPA regulations, hazardous chemicals subject to OSHA requirements, or both. Emptying procedures should be followed, including properly draining the container, performing triple-rinsing when required, and thoroughly documenting all decontamination activities. Original hazard labels must be maintained on containers until they are thoroughly cleaned or reconditioned, as removing labels prematurely violates OSHA’s Hazard Communication Standard. Additionally, employers should provide employees with training on the proper handling, labeling, and disposal of containers and ensure they fully understand what constitutes an empty container under federal standards. Finally, a detailed record of all rinsing, draining, and cleaning processes should be maintained to demonstrate compliance during EPA or state inspections.

Keys to remember: Employers should educate their teams, enforce proper cleaning procedures, and maintain compliance records to ensure they are staying compliant with “empty” container standards.

1. Improper securement of hazmat (177.834(a))

• Inspections: 1,824
• Violations: 1,879
• Out-of-Service (OOS) violations: 1,865

When hazardous materials aren’t properly secured, it’s a major safety concern, and nearly every time this issue is found it results in an out-of-service order. It’s a clear sign that securement practices need more attention.

2. Missing hazmat registration certificate (107.620(b))

• Inspections: 788
• Violations: 788
• OOS violations: 0

This is a paperwork issue, but it’s still the second most common violation. The registration certificate is a basic requirement and skipping it is an easy way to land on the violation list.

3. Damaged or illegible placards (172.516(c)(6))

• Inspections: 582
• Violations: 614
• OOS violations: 1

Placards are critical for identifying hazards, especially in emergencies. If they’re faded, torn, or hard to read, they need to be replaced.

4. Missing shipping papers (177.817(a))

• Inspections: 575
• Violations: 590
• OOS Violations: 570

Shipping papers are essential for emergency responders and regulatory compliance. Unless there’s an exception, hazmat loads should always have shipping papers.

5. Improperly prepared hazmat (177.801)

• Inspections: 432
• Violations: 581
• OOS violations: 0

These are violations where the driver accepted improperly prepared hazmat.

Total numbers so far

So far in 2025, there have been 97,578 hazmat inspections and 21,002 violations, with 5,238 resulting in OOS orders. These top five violations account for a significant chunk of that activity, and most are preventable with better training, attention to detail, and consistent compliance practices.

Key to remember: Whether it’s securing cargo properly or making sure paperwork is in order, these are areas where small improvements can make a big difference.

Top violations

One of the most common violations involves insufficient tie-downs. Drivers often misjudge the number or strength of tie-downs required for a particular load. Regulations require that cargo be secured to prevent movement in every direction — forward, backward, sideways, and vertically. Failure to meet these standards can result in citations and immediate out-of-service orders.

Another frequent issue is the use of damaged or worn securement equipment. Inspectors regularly flag:

• Frayed straps,
• Damaged chains, and
• Broken load binders.

These defects not only violate FMCSA regulations but also pose serious safety risks. A single failed strap on a flatbed hauling heavy machinery can lead to disastrous consequences.

Improper blocking and bracing is also a recurring problem, especially in enclosed trailers. Freight that is not adequately stabilized can shift during transit.

This can lead to:

• Trailer damage,
• Compromised vehicle control, or
• Injury during unloading.

Preventive measures

To avoid these violations, fleets must prioritize driver training and thorough inspection protocols. Pretrip inspections should include a detailed check of all securement devices to ensure they meet regulatory standards and are free of defects. Drivers should be trained not only on how to secure loads but also on  assessing risk based on cargo type, weight, and distribution.

Preventive measures go beyond routine checks. They require a proactive mindset and a system that catches issues before they become violations. Fleets should:

• Implement layered inspection processes, including post-load audits and mid-route securement checks, especially for long hauls or high-risk cargo.
• Standardize securement procedures across the fleet to ensure consistency.
• Invest in modern securement technology such as tension indicators, smart straps, and automated alerts to reduce human error.

These tools help drivers verify that loads remain secure throughout the journey, especially during long hauls or in adverse weather conditions.

Key to remember: By staying informed, maintaining equipment, and fostering a safety-first culture, carriers can reduce violations, protect their Compliance, Safety, Accountability (CSA) scores, and ensure every load arrives safely and securely.

Pro: Familiarity with the motor carrier

Acclimating a new hire to a corporate culture and learning a new job takes time. For some new employees, the company and/or position isn’t what they expected, so they eventually leave. Invaluable time is lost when a new person doesn’t work out.

But a former employee who is reapplying knows what to expect from the company and what the job entails. Unless the company and/or the job description has gone through major changes since the past employment period, there should be minimal surprises for the returning employee. The onboarding process should take less time, allowing the company to place the former employee into the position sooner than others, resulting in cost savings.

Pro: Access to work records

Former immediate supervisors should be able to recall the boomerang employee’s previous work history, and recruiters should have access to the employee’s performance reviews, exit interview, and so forth. This information will assist in knowing whether this individual is eligible for rehire.

Con: Reasons for leaving

Motor carriers should look at why the employee left the organization.

Was it due to:

• Unresolved grievances?
• Conflicts with coworkers and/or supervisors?
• Greener pastures?

If the reason for leaving still exists or resurfaces, you may see this employee exit once again.

Pro or con: Length away

The longer a former employee has been away from the company, the less likely you can apply past performance to present or future behavior.

Ask yourself:

• When you remember the employee’s performance, is it accurate or tainted by time?
• Has the individual changed? For example, has the time away provided growth, additional experience, and maturity?

Other considerations include a change in:

• Expectations of the position (e.g., knowledge, equipment); and
• Corporate culture (e.g., management, policies, and procedures).

The individual may no longer be a fit — or might be a better fit than before — based on these new factors.

Rehire interviews

Recruiters should not assume that a former employee will pick up where they left off. Boomerang employees should be formally interviewed just like any other applicant. Motor carriers should:

• Examine their skillset, current disposition, and any additional experience during the time away (e.g., new certifications or skills);
• Look for red flags, such as multiple employers over a short period or a poor safety history during the absence; and
• Determine, if possible, why the boomerang employee wants to return. It may not be the enthusiastic return the company had hoped for. For instance, a recent employment may not have worked out, and the former employer is just one option under consideration.

If the employee is rehired, don’t assume they can skip refresher training, especially if the person has been gone a while.

Key to remember: Rehiring former employees can offer some benefits. But each candidate must be taken on a case-by-case basis to determine whether a return is right for both the carrier and employee.

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.

Step 1: Breathe

It starts with pausing and realizing that you can’t do it all, Dickens said.

“The first thing I want you to do is breathe!” she said. “You cannot handle all this alone.”

Step 2: Identify what you’re good at

HR professionals should focus on their strengths and the changes they are best able to address. For other issues, they should leverage the expertise of those in their network.

“Don’t give yourself whiplash” by looking at all the changes taking place every day, she said.

Instead, focus on two or three things that fall into your wheelhouse.

“Anything outside that box, find someone else who is an expert,” she said.

Step 3: Look for partners

Those experts might be inside or outside an organization. Within their own company, HR professionals can work with their company’s legal counsel, for example, to understand the impact of legislative and regulatory changes and steps that need to be taken.

“You can lead in saying what the strategy is and let people do the things that they are good at,” Dickens noted. “You don’t necessarily have to lead everything by doing the work and executing on the work.”

If a company does not have an outside counsel, she advises HR professionals to champion for one to be added to the budget. She also suggests that HR professionals get to know the people in their company who specialize in government affairs.

“Take them out to lunch, go walk, have some or coffee,” she said. “Start talking to them about what your concerns are so that gets on their radar.”

When hiring for HR roles, she suggests looking for individuals who have expertise in areas that are not current strengths for team members. “Every HR generalist has an area they are really, really good at,” she noted.

While these strategies can’t stem the tide of change, they can make it a little easier to manage. As Dickens said, “These are practical things that can help you make your way through this.”

Key to remember: HR professionals and others with HR duties shouldn’t work in isolation when dealing with change. They should pause, consider what they are best at, and tap into their network for support.

Compliance

A collection of laws governs employee and applicant information. Those laws include:

• The Fair Credit Reporting Act, which regulates employment-related background checks.
• The Americans with Disabilities Act (ADA), which limits the collection and use of medical information about employees and applicants. Such information must be kept confidential and separate from the general personnel file(s).
• The Family and Medical Leave Act, which follows the ADA and requires employers to keep medical information confidential and separate from the general personnel file(s).
• The Genetic Information Nondiscrimination Act, which also follows the ADA’s confidentiality requirements related to employee and applicant genetic information.
• The Health Insurance Portability and Accountability Act, which protects the use and disclosure of employees’ protected health information by employer-sponsored health plans and service providers.

Don’t forget state laws, which can go well beyond federal law requirements. While state-level privacy laws focus on consumer, not employee, data, some do. The California Consumer Privacy Act and the California Privacy Rights Act, for example, give California employees the right to access, delete, and restrict the use of their personal information.

Beyond compliance

While perhaps not specifically protected by law, HR professionals should keep employee and applicant personal information, such as a Social Security number, private to help avoid identity theft risks.

Not only do HR professionals need to comply with laws governing employee and applicant personal information, but if they fail to protect the information, they risk losing one of their biggest assets: Trust.

Applicants and employees share a lot of their information with their employers, and should that information fall into the wrong hands, HR professionals would find themselves trying to rebuild a trust that employees might have taken for granted. Such a breach could put employees in a tough spot trying to remediate any damage done by a breach.

For transparency purposes, HR professionals should make employees aware of the reasons why the information is collected and processed, how it’s collected, used, maintained, and destroyed, as well as employees’ rights to access, correct, or delete their information.

Key to remember: HR professionals must keep employee and applicant information private and confidential.

Are insurance plans covering these drugs for weight loss?

Coverage of GLP-1 medications for weight loss may be a benefit employees want from employers. Covering them, however, could significantly increase an employers’ insurance costs.

In 2025, 36 percent of employers provide GLP-1 coverage for both diabetes and weight loss. This is up from 34 percent in 2024, according to the Society for Human Resource Management (SHRM). While slightly fewer employers (55 percent) provide coverage for diabetes only, SHRM says this is down from 57 percent in 2024.

When deciding whether to cover GLP-1s for weight loss, employers must consider the pros and cons.

Pros of covering GLP-1s 

Some of the possible benefits of covering the cost of GLP-1 medications for employees include:

1. Effective management of common conditions. GLP-1s are effective in improving glycemic control and promoting weight loss, which helps in managing type 2 diabetes and obesity. For employers, this may result in having healthier employees who are less likely to experience complications such as neuropathy or cardiovascular events, which may reduce the need for medical leave and disability claims.
2. Enhanced worker productivity. Addressing weight issues and type 2 diabetes through treatments like GLP-1s may enhance employee productivity because obesity-related conditions can lead to lower job performance and higher absenteeism.
3. Reduction of risk for more serious conditions. Studies show that GLP-1s offer heart protection, thus reducing the risk of heart attack, stroke, and cardiovascular death in patients with type 2 diabetes. Research has also shown a decreased risk of kidney conditions among GLP-1 users, as well. These benefits may lower an employer’s long-term health care costs and improve employee longevity and productivity.
4. Greater overall wellness. Emerging research indicates GLP-1s may have applications beyond type 2 diabetes and obesity, such as reducing the risk of dementia and addiction. These added benefits could further enhance employee well-being, potentially decrease mental health-related absences, and support overall workplace wellness.

Cons of covering GLP-1s

The potential downsides of covering GLP-1 medications for employees include:

1. Excessive cost. The cost of GLP-1 medications can exceed $1,000 per month per person, posing a significant financial burden. Employers may wonder about the return on investment, especially if they cover a lot of employees or their family members.
2. Side effects. Some users of GLP-1s experience side effects, including nausea, vomiting, and diarrhea, which can affect employee comfort and productivity. These side effects, if severe, might cause some people to stop treatment. For employers, side effects could lead employees to have lower productivity, greater absenteeism, or increased health care costs as they look to manage side effects.
3. Long-term effectiveness and sustainability concerns. While GLP-1s have been shown to be effective initially, benefits may decrease over time. Some research suggests that weight loss wanes after a year or two, with some patients regaining weight. Use of these drugs may not guarantee lasting results. Other treatments or interventions might be needed for continued treatment of diabetes and/or obesity. Employers should be aware that this could create a need for ongoing coverage, as long-term use of GLP-1s may not guarantee lasting outcomes.
4. Possible legal liabilities for employers providing coverage. With GLP-1s there are risks of rare but serious adverse events, including pancreatitis, bowel obstruction, and gastroparesis (a chronic digestive disorder). Employers should discuss liability with their insurance provider before offering coverage to make sure risk management strategies are in place.

Key to remember: GLP-1s may help patients manage type 2 diabetes and obesity, which could improve long-term employee health and workplace productivity. However, these drugs are expensive, have side effects, and the long-term effects are still relatively unknown.  Employers must consider these factors when deciding whether to provide coverage of these drugs.

The intent of the standard

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

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

License and certification Q&A

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

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

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

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

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

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

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

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

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

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

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

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

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

Operator Impairments

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

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

Keys to Remember

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

Certifications and recertifications

How can employers stay on top of such changes? First, they may ask for an initial certification supporting the need for leave. The certification should give employers enough information to determine whether the employee needs FMLA leave for a qualifying reason.

For medical certifications, it should indicate which part of the FMLA’s definition of a serious health condition is involved. It should also include information on how much leave the employee needs.

Because things can change, employers may ask for recertifications now and then. They may ask for them no more often than every 30 days unless the certification indicates that the minimum duration of the condition is more than 30 days. In that situation, employers must wait until that minimum duration expires before requesting a recertification.

In all cases, employers may request a recertification of a medical condition in six months in conjunction with an employee’s absence (i.e., not just a random request).

Employers don’t have to wait the 30 days, the minimum duration, or six months to ask for a recertification in limited situations. This happens if:

• The employee requests an extension of leave,
• Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications), or
• Employers receive information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification.

Taking Jo’s example, if the initial certification indicated that she needed four weeks of continuous leave, but after three weeks, Jo said she could do some work, employers could ask for a recertification, as something had changed. If, after taking intermittent leave, Jo reinjured herself and went back to needing continuous weeks of FMLA leave, the employer could ask for a recertification.

Key to remember: Life situations seldom work on a straight trajectory. Things change, and so can an employee’s FMLA leave needs. What can start as a continuous leave can change to an intermittent leave, and vice versa. Employers can keep up with such changes using recertifications.

1. How high can materials be stacked on pallets for storage?

OSHA doesn’t have a specific regulation that sets a height for materials stacked on pallets or shelving. However, the Agency does require in 1910.176(b) that:

“Storage of material shall not create a hazard. Bags, containers, bundles, etc., stored in tiers shall be stacked, blocked, interlocked and limited in height so that they are stable and secure against sliding or collapse.”

Additionally, OSHA does have a requirement in 1910.159(c)(10) regarding sprinkler clearance. A minimum 18” vertical clearance must be maintained between the sprinkler heads and stored materials to ensure effective sprinkler operation.

It’s important to also remember there could be height limitations based on the type of materials and potential fire load (for example, empty pallets can pose a hazard from fast developing fire and intense heat released from pallet stacks. Due to this, there are height limitations based on type of material, sprinkler system, and whether storage is indoor/outdoor, etc. Employers should always check with their local fire authority for additional guidance.

2. How long do we have to keep the daily inspection records for material handling equipment, such as forklifts and pickers?

Under 1910.178, OSHA doesn't set any specific retention periods for this material handling equipment's daily inspection. Technically, the regulation doesn’t even require documentation, but they do require the inspections to be completed.

As a best practice, employers should determine how long inspection records should be retained and document the retention period in the company policy/program. Additionally, some employers also keep inspection records that identify issues or maintenance needs for a longer period as a systematic process focused on keeping machinery and equipment in optimal working condition.

3. Is there a specific OSHA regulation that requires all stored workplace containers with liquid to be securely sealed and labeled?

OSHA’s materials handling and storage standard at 1910.176(b) states that “storage of material shall not create a hazard.” From an OSHA standpoint, employers must assess how chemicals are stored and managed to minimize hazard potential to workers. Additionally, OSHA’s HazCom standard at 1910.1200 requires that containers of hazardous chemicals be specifically labeled.

The agency expects employers to:

• Develop and maintain a written hazard communication program for the workplace, including a list or inventory of hazardous chemicals;
• Label chemical containers, as well as containers of chemicals being stored for shipment;
• Prepare and/or provide safety data sheets (SDSs) to employees and downstream employers; and
• Develop and implement employee training programs regarding hazards of chemicals and associated protective measures.

4. Do storage racks have to be labeled with the load capacities?

OSHA regulations also don’t specifically specify that capacity ratings or load limits be placed on storage racks; however, the agency has used the General Duty Clause (GDC) to cite for this in cases where a rack collapsed from overloading. To justify a GDC citation, OSHA may refer to the rack manufacturer’s recommendations or to the American National Standards Institute consensus standard ANSI/MH 16.1. 

5. I know that storage racks must be set so they don’t tip or fall, but does OSHA or ANSI have any guidance to how many bolts are required for material handling storage racks?

Though the Material Handling and Storage standard at 1910.176(b) tells us, “Storage of material shall not create a hazard,” OSHA does not give exact details on HOW one would ensure their storage systems don’t create hazards. In these cases, the situation would likely fall under the General Duty Clause.

As an example, OSHA issued a citation in 2015 to a facility in which pallet racks were not anchored and bolted to the ground. As part of this citation, OSHA mentions that “one feasible and acceptable method to correct the hazards noted are to follow the manufacturer installation instructions and/or conform with installation and assembly instructions and the American National Standards Institute (ANSI) standard MH16.1-2012 (a revision of MH16.1-2008): Specifications for the Design, Testing and Utilization of Industrial Steel Storage Racks...”

Key to remember: OSHA material handling and storage regulations require, “Storage of material shall not create a hazard” which includes securing materials and shelving, ensuring adequate clearances for sprinkler systems, and maintaining clear exit routes.

What Is the General Duty Clause?

The GDC is part of the Occupational Safety and Health Act of 1970. It requires employers to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm. This includes ergonomic hazards, even though OSHA doesn’t have a specific ergonomics standard.

In simple terms, if a hazard is known (like repetitive strain from poor workstation setup), and it can cause serious harm, and there’s a reasonable way to fix it, then you’re expected to take action.

How does ergonomics fit in?

OSHA recognizes several types of ergonomic hazards that can pose serious risks to workers' health and safety. These hazards often arise from the way tasks are designed and performed, especially when they involve repetitive or physically demanding activities including:

• Repetitive motions: Tasks that require the same movement over and over, such as typing, scanning items, or lifting boxes, can strain muscles and tendons over time. These motions are especially hazardous when performed for long durations without adequate breaks or variation.
• Awkward postures: Working in unnatural or uncomfortable positions, like bending, twisting, reaching overhead, or hunching over a desk, can place stress on the musculoskeletal system. These postures often result from poorly designed workspaces or tools that don’t fit the worker’s body or task requirements.
• Forceful exertions: Activities that require significant physical effort, such as pushing heavy carts, pulling equipment, or gripping tools tightly, can lead to fatigue and injury, particularly when combined with other risk factors like repetition or awkward posture.
• Poor workstation design: Inadequate workstation setup, whether in an office, manufacturing line, or healthcare setting, can contribute to all of the above hazards. For example, a desk that’s too high or a monitor that’s not at eye level can lead to neck and shoulder strain.

These kinds of hazards can lead to injuries like:

• Carpal tunnel syndrome: Pain or numbness in your hands and wrists from repetitive tasks.
• Back pain: Soreness and strain from lifting wrong or working in awkward positions.
• Tendinitis: Inflammation in your joints from overuse.

What does OSHA look for?

Before OSHA can issue a citation under the GDC, they need to check off four key boxes:

• Is there a real hazard? For example, are workers getting hurt from repetitive lifting or awkward postures?
• Is the hazard recognized? This means it’s known to be a problem, either through injury reports, accepted or understood safety guidelines, or industry standards.
• Can it cause serious harm? OSHA looks at whether the hazard could lead to things like missed work, medical treatment, or long-term injuries.
• Is there a feasible fix? If there’s a reasonable way to reduce the risk, like using ergonomic tools or changing how the job is done, OSHA expects employers to implement protective measures.

If all four of these are true and the employer hasn’t done anything to address the issue, OSHA can issue a citation, and possibly a fine.

How can the hazards be eliminated or reduced?

Investing in ergonomic solutions based on hazards is one of the easiest ways to reduce risk. Here are a few examples:

• Adjustable chairs and desks promote neutral posture and reduce strain.
• Anti-fatigue mats which help reduce leg and back stress for standing workers.
• Lift-assistance devices to reduce the need for manual lifting.
• Ergonomic keyboards and mice can lower the risk of wrist and hand injuries.
• Workstation redesign tailored to fit the worker, rather than expecting workers to fit their workstation.

What is my role as a supervisor?

As a supervisor, you play a key role in keeping your team safe, healthy, and comfortable on the job. You don’t need to be an ergonomics expert, but you do need to be aware, responsive, and proactive. Here’s what that looks like:

• Spot the risks: Keep an eye out for tasks that involve repetitive movements, awkward postures, or heavy lifting. If something looks uncomfortable or inefficient, it probably is.
• Talk about it: Encourage your team to speak up if they’re feeling discomfort or notice a potential hazard. Make it clear that reporting issues is a good thing, not a hassle or complaint.
• Take action: Work with your safety team or EHS staff to find solutions. That might mean adjusting a workstation, rotating tasks, or bringing in ergonomic tools.
• Keep track: Document what you’ve done—training sessions, changes made, and any feedback from your team. This helps show progress and keeps everyone accountable.

And most importantly, make sure your team knows what resources and tools are available and how to use them. A little awareness goes a long way in preventing injuries and keeping everyone productive.

Key to remember: If an ergonomic hazard is known and preventable, OSHA expects action. As a supervisor, your role is to assess risks, support your team in reporting issues, and help apply practical solutions like adjusting workstations or using ergonomic tools to keep everyone safe and productive.

#1 Start here

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

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

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

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

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

#2 Train on these topics

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

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

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

Truck-related topics include the following:

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

Workplace-related topics are examples like these:

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

#3 Determine success

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

#4 End here

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

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

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

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

Action item

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

Key to remember

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

Other safety tips

Tornado safety involves three phases: Preparing in advance, Staying safe during the storm, and Staying safe after the storm.

Employees should prepare a plan and an emergency kit, monitor weather conditions during thunderstorms, and know the best places to shelter wherever they work.

Employers should prepare a business continuity plan for dealing with the aftermath, from cleaning up the site to resuming business operations.

During a tornado warning, employees should remain in a shelter until given an all-clear signal. At a fixed worksite, this may come from an employer announcement. At other locations, employees may need to monitor conditions on their phone or radio.

After the storm, employees may need a way to communicate if they are trapped or injured. They should also watch for hazards such as downed power lines, gas leaks, building damage, or debris.

Key to remember: Tornadoes can happen at any time, but Spring is most active, and employers should prepare to protect workers.

Choosing the correct year

The NAICS codes get updated every five years, with 2022 as the most current. Adding confusion, different OSHA regulations use different versions of the codes. For example:

• Employers trying to determine if they’re exempt from keeping a 300 Log under 1904.2 must use the 2002 codes.
• Employers trying to determine if they must submit injury data to OSHA by March 2nd must use the 2017 codes (OSHA updated from the 2012 codes as of January 1, 2024).

Searching codes online may default to the 2022 version, and some codes changed. For example, the 1904.41 appendix lists 4529 for “Other general merchandise stores” which covers retail outlets like dollar stores and variety stores. However, searching that code in the 2022 list shows “no result” since that number changed. The 2022 NAICS code for general merchandise stores is 4552, but that code does not appear in OSHA’s appendix. Employers using the 2022 NAICS codes may incorrectly believe their establishment is not on OSHA’s list.

Employers can search older versions of the NAICS codes at https://www.census.gov/naics/ which also indicates whether a particular code has changed in more recent versions.

Choosing the correct code

In addition to using the NAICS list for the correct year, employers must choose the correct code for each establishment. If a location engages in more than one type of business activity, employers must choose only one NAICS code for OSHA recordkeeping. OSHA says to choose the code for the activity that generates the most revenue or has the most employees.

In some cases, employers can divide a single physical location into more than one “establishment” as defined in 1904.46. To split a single location into multiple establishments, all of the following must apply:

• Each establishment represents a distinctly separate business;
• Each business engages in a different economic activity;
• No single NAICS code applies to the joint activities at the establishments; and
• Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information.

For example, OSHA noted that if an employer operates a construction company at the same physical location as a lumber yard, the employer may consider each business as a separate establishment.

For employers with multiple establishments, the NAICS code for each location should reflect the primary business activity at each establishment. For example, a manufacturing company might have a separate administration office. Using a manufacturing code for the office might not be appropriate, even though it supports the other manufacturing locations. However, NAICS codes starting 5511 for “Management of Companies and Enterprises” might apply.

For example, code 551114 gives examples as follows:

• Centralized administrative offices
• Head offices
• Corporate offices
• District and regional offices
• Subsidiary management offices

That might better describe a corporate administrative office, if the location does not have any warehousing or manufacturing operations. In fact, codes starting 5511 appear on OSHA’s list of establishments under 1904.2 that are exempt from keeping a 300 Log, so applying the correct code could mean that office doesn’t need a 300 Log at all.

Counting employees

Finally, counting employees gets confusing because some OSHA regulations require counting all employees in the company (combining all locations) and others require counting only the employees at each establishment.

• Section 1904.1 allows an exemption from keeping a 300 Log if the entire company has 10 or fewer employees, combining all establishments.
• Section 1904.2 allows an exemption from keeping a 300 Log based on the NAICS code for each location, regardless of the number of employees at the location.
• Section 1904.41 requires establishments in listed NAICS codes to submit injury data to OSHA annually, but only if the establishment (not the entire company) falls within an employee count range. Establishments with fewer than 20 employees need not submit even if the NAICS code appears in OSHA’s list.

Key to remember: NAICS codes update every five years, and employers must use the correct list, which may differ in various regulations.

General industry guidance

When OSHA updated the walking/working surface regulations in 2016, the Preamble noted that providing fall protection for workers on rolling stock would be technologically feasible. However, economic feasibility was not addressed. That final rule didn’t address fall protection on rolling stock because OSHA had not covered the issue in the proposed rule. OSHA could not add requirements that had not been proposed for public comment. The agency simply stated that its enforcement policy was not changing.

That policy comes from a memo dated October 18, 1996. It outlines a settlement with grain handling facilities, but OSHA applies the same concepts to all employers. The memo states that OSHA won’t cite fall hazards from rolling stock under Subpart D (the walking-working surface standards). However, it could cite under 1910.132 for personal protective equipment or under the General Duty Clause if using fall protection would be feasible. Specifically, the memo says that OSHA would not cite for fall hazards “unless employees are working atop stock that is positioned inside of or contiguous to a building or other structure where the installation of fall protection is feasible.”

At first glance, this sounds simple: if fall protection is available or could be implemented (like inside a building), then employers must provide it. A significant challenge, however, is that trailers are commonly loaded and unloaded outdoors. In addition, even if an employer installed outdoor fall protection systems at its facilities, a driver visiting customer locations may not have access to suitable anchor points. For related information, see our article Fall protection training for drivers is required, but it's not what you think.

Employers should evaluate all possible measures to help employees protect themselves from falls. Those measures might include training on proper techniques or procedures, warnings against particular hazards like working in snow, or using equipment such as ladders when possible.

Key to remember: When fall protection isn’t feasible for employees working on trailers, employers should evaluate other possible options to maximize employee protection.