Every safety warning ignored is a tragedy looming!

What’s happened?

A quick look at the rule’s development shows:

• 7/28/2025 — OSHA received a petition for rulemaking that covers obligations for ladder retrofits under 1910.28(b)(9).
• 9/15/2025 — OSHA posted a memo confirming it intends to eliminate 1910.28(b)(9)(i)(D).
• 12/18/2025 — OSHA sent its Walking-Working Surfaces (WWS) - Fixed Ladders proposal to the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA).
• 1/13/2026 — OIRA and OSHA met with the American Fuel and Petrochemical Manufacturers (AFPM).
• 1/21/2026 — OIRA and OSHA met with the Employers OSHA Modernization Coalition.
• 1/27/2026 — OIRA plans to meet with attorneys representing the American Petroleum Institute (API).

What did the petition request?

The seven-page petition, written by legal counsel on behalf of the AFPM, API, and American Chemistry Council (ACC), requests that OSHA:

• Withdraw the provision under the WWS standard for fixed ladders that extend more than 24 feet to be equipped with personal fall arrest systems (allowing the continued use of ladder cages or wells); or
• Grandfather fixed ladders installed before a particular date (authorizing the continued use of existing ladder cages or wells for those ladders).

Unjustified provision?

Petitioners argue that OSHA, in its 2010 proposed WWS rule, failed to:

• Take comments on the effectiveness of cages in protecting workers from falls,
• Disclose that the agency was evaluating whether to prohibit cages, and
• Give stakeholders a chance to submit evidence regarding cages.

The petition outlines the differences between the earlier proposed and final rules, noting that the 2010 proposal gave employers the choice to use any of four fall-protection types — cages, wells, ladder safety systems, or personal fall protection systems. However, the 2016 final rule gave a 2036 phase-out date for cages and wells.

The petition goes on to contend that:

• OSHA lacks sufficient evidence to justify prohibiting cages and wells;
• Data collected during the rulemaking process leaned toward preserving employer choices for fall protection; and
• Although the 2016 rulemaking preamble acknowledged the shift away from cages and wells, it did not fully discuss evidence in favor of cages and wells.

Other arguments in the petition

The petition raises several points questioning the benefits of paragraph (b)(9)(i)(D), stating that:

• In the past decade, AFPM, API, and ACC facilities have suffered only a few injuries, with no fatalities involving cages and wells;
• Cages offer passive protection, whereas ladder safety systems and personal fall arrest systems require workers to take action to comply;
• Personal protective equipment (PPE) lies at the bottom of the hierarchy of controls;
• Safety risks also exist for ladder safety systems and personal fall arrest systems; and
• Installing new ladders or retrofitting existing ones introduces hazards to those performing that work.

Finally, the petition addresses significant compliance costs, estimating several billion dollars for tens of thousands of ladders at U.S. refineries alone. Petitioners also cited additional expenses for rerating pressure vessels and engineering any process equipment changes.

What does OSHA say?

OSHA officially announced in a September 2025 memo that it is proposing to remove 1910.28(b)(9)(i)(D). The agency calls it a deregulatory action in line with Executive Order 14192. The memo reasons, “OSHA anticipates this change will allow employers to update their ladders when the ladders reach the end of their service lives, accommodating the lengthy service life of fixed ladders, while significantly reducing costs and offering greater flexibility.”

The WWS - Fixed Ladders proposal reached OIRA on December 18. OIRA typically takes 90 to 120 days for review, but recently a maximum 28-day review period for deregulatory actions was implemented. That means we anticipate OIRA will rush this proposal, so that OSHA may publish it in the Federal Register.

Key to remember

An upcoming OSHA proposal would withdraw 1910.28(b)(9)(i)(D). The rule was spurred by a petition.

When captured dust becomes a regulated waste

Under the Environmental Protection Agency (EPA) regulations, most collected dust qualifies as a solid waste once it’s removed from a dust collector, hopper, or filter. And despite the name, “solid waste” doesn’t mean solid, benign, or harmless. It simply means a discarded material.

At that point, facilities are expected to determine whether the dust is hazardous or non-hazardous under the Resource Conservation and Recovery Act (RCRA). This determination is based on what the dust contains, not how dusty it looks or how long it has been managed that way. Dust generated from metalworking, surface coatings, chemical processing, plastics, or specialty manufacturing can contain regulated constituents such as heavy metals or chemical residues. In these cases, facilities are required to make a waste determination using process knowledge, testing, or a combination of both.

This step is often overlooked. Many companies assume that if dust has not caused problems in the past, it must be non-hazardous. Unfortunately, regulators do not accept assumptions as documentation. If there’s no clear waste determination on file, that alone can be cited during an inspection. Misclassifying dust can also have ripple effects. If collected dust is later found to be hazardous, the facility may face issues related to improper disposal, incorrect generator status, or even cleanup liability at the disposal site. What began as a routine housekeeping task can suddenly become a significant compliance issue.

Storage, disposal, and the risks of getting it wrong

Even when dust is correctly identified as non-hazardous, it still needs to be managed properly. Open containers, poor labeling, and inconsistent handling practices are common findings during inspections. These issues are often viewed as minor, but they can quickly escalate if dust is released, mixed with other waste streams, or stored improperly.

Recycling adds another layer of complexity. Many facilities recycle metal dusts or other recoverable materials, which can be a smart environmental and economic decision. However, recyclable doesn't mean unregulated. Dust being recycled still needs to be stored safely, managed to prevent releases, and documented as legitimate recycling. Without proper controls, regulators may view the material as improperly managed waste.

Outdoor storage creates additional risk. Dust stored outside, transferred outdoors, or tracked out of the building can easily become a stormwater concern. Even non-hazardous dust can be considered a pollutant if it migrates off-site during rain events. This is a frequent source of violations under stormwater permits and Stormwater Pollution Prevention Plans (SWPPPs), especially when dust management isn’t addressed in the SWPPP.

Another common issue is mixing dust with general trash or other waste streams. Once mixed, otherwise manageable dust can become more difficult or impossible to classify correctly. This can complicate disposal, increase costs, and raise questions during audits or inspections.

What makes dust especially challenging is that responsibility for it often falls into a gray area. The safety team may assume that the environmental team is managing disposal. The environmental team may assume that the safety team has already classified the material. When no one clearly owns the waste determination and disposal process, gaps are almost guaranteed.

The most effective facilities treat dust as a waste stream that deserves the same attention as any other regulated material. They document waste determinations, define storage and labeling requirements, train employees on proper handling, and periodically revisit those determinations as processes change.

Keys to remember: Captured dust doesn’t stop being regulated once it leaves the air. Understanding whether collected dust is hazardous or non-hazardous, how it must be stored, and where it can legally go is essential to staying compliant.

What’s changing and why it matters

Although EPA has been deregulating or loosening some requirements, there are still some standards being tightened across multiple fronts in the coming year:

• Renewable fuel standards (RFS): The EPA proposed higher volume requirements for 2026, including 24.02 billion renewable identification numbers (RINs), up nearly 8% from 2025. This increase pushes stricter expectations on fuel producers and organizations purchasing renewable fuels.
• Stormwater multi-sector general permit (MSGP): A new MSGP set to take effect by February 2026 will require quarterly PFAS indicator monitoring, expanded benchmark sampling, and resiliency measures in stormwater control designs.
• PFAS Reporting under the Toxic Substances Control Act (TSCA): TSCA Section 8(a)(7) mandates PFAS manufacturing and import data collection beginning in April 2026, through October 2026, with extended deadlines for certain small manufacturers.

Failure to prepare could lead to fines, reputational damage, supply chain disruptions, and permit delays. Companies that weave compliance planning into their 2026 strategy will be positioned not just to meet legal deadlines but to sustain operations smoothly.

Key areas of impact

• Renewable fuel standards (RFS) and air emissions The proposed increase in 2026 Renewable Identification Numbers (RIN) volumes, from 24.02 billion to 24.46 billion for 2027, signals tightening air and fuels policy that affects fuel use and emissions accounting.
• Stormwater management The upcoming 2026 MSGP requires expanded quarterly PFAS monitoring, new benchmark triggers, corrective action plans, and integration of climate resilience in design standards.
• PFAS disclosure (TSCA Section 8(a)(7)) Manufacturers and importers of PFAS must submit electronic reporting of usage, volumes, disposal, and exposure data between April and October 2026, with extensions available for smaller operations.

Steps to take now

• Audit compliance programs: Cross-check operations against RIN inventory, stormwater permits, and TSCA reporting duties.
• Upgrade monitoring and recordkeeping: Implement robust electronic systems to track PFAS, stormwater quality, fuel volumes, and emissions.
• Staff training: Educate teams on PFAS obligations, new stormwater protocols, and RFS structures.
• Engage regulators early: Comment on proposed rules, consult during permit drafting, and flag issues during the notice-and-comment period.

Looking ahead

The EPA’s 2026 updates reflect a trend toward increased transparency and environmental accountability. Companies that treat compliance as strategic will not only avoid enforcement but also gain resilience and stakeholder trust.

Key to remember: Start planning now. Early action on EPA rule changes will save time, money, and headaches when enforcement begins.

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

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.

A restart

The rescheduling proposal would move marijuana to the same drug class as prescription drugs such as Tylenol with codeine, ketamine, and steroids. It would also make it possible for medical marijuana to be prescribed to patients.

While the executive order revives the marijuana rescheduling issue, it will likely be 6-12 months before a final rule is issued.

Hearings will need to be scheduled, and comments from the hearings will need to be considered before a final rule is published.

DOT drug testing

A lot must happen before any changes will occur under the U.S. Department of Transportation (DOT) drug testing regulations. The DOT is required to follow U.S. Health and Human Services (HHS) guidelines for DOT drug testing, including the drug testing panel.

Until the federal Drug Enforcement Administration acts on rescheduling marijuana, neither the HHS nor DOT can move forward. Changes to the DOT drug testing panel can’t occur until:

• The HHS provides new guidelines, and
• Regulation 49 CFR Part 40 is revised through the rulemaking process.

At this time, it’s unknown whether there will be any stipulations built into the rescheduling allowing the HHS and DOT to continue testing for marijuana.

Stay the course for now

As the process plays out, employers not covered by federal drug and alcohol testing regulations should continue to follow state medical marijuana laws and watch for updates on workplace drug policy implications.

More will be known about how this executive order will influence workplace drug policies after hearings are completed and a final rule is issued. It’s likely that state laws will continue to make an impact on how employers handle marijuana in the workplace, however.

Key to remember: The federal government is once again looking at moving marijuana to a lower classification of drug. Until a final rule is issued, employers should continue to follow their current workplace drug policies. DOT testing panel may see changes, unless stipulations are built into rulemaking. The transportation industry anxiously waits to see how Executive Order will (or will not) impact DOT testing.

A Smarter Start

Motus is only as effective as the data that feeds into it, which is why FMCSA is emphasizing the importance of maintaining an active FMCSA Portal account. Carriers should log in today to confirm their account status or create one if they have never used the Portal before. Many carriers who have held authority for years may not realize they even have a Portal account, making this step especially important.

Once your account is active, you will be able to claim your USDOT Number in Motus and start managing your information there. Without this, users will not be able to complete registration updates or manage authority once the new system goes live. The FMCSA Portal login page allows users to sign in with existing credentials or start fresh through the online registration option, ensuring every company has a verified and secure entry point into Motus.

What to do now

One of the most important preparation steps is verifying the Portal user access list. Under the Account Management tab, companies should confirm which individuals have Portal access and identify their Company Official.

FMCSA is clear about who this person should be:

• The company owner, or
• An internal employee responsible for safety and compliance tasks

It should not be a consultant, third-party service provider, or transportation broker. The Company Official should use the same Login dot.gov email in both the FMCSA Portal and Motus. Using one consistent email ensures the systems can recognize the correct user and properly connect the company’s existing USDOT information to its new Motus account.

This one-to-one match is the only way FMCSA can securely link a company’s historical USDOT data with its new Motus account. Taking time now to verify the correct individual is listed can prevent access issues and delays during the transition.

Update your MCS-150 

Motus aims to create a centralized, accurate registration environment. To support that goal, FMCSA recommends carriers complete an online Biennial Update (MCS 150) in the Portal before Motus launches.

Submitting an update, or confirming no changes are needed, ensures the most current company information transfers into the new system. This includes:

• Operating status
• Fleet size and vehicle types
• Hazmat activity
• Mileage and safety data

Accurate information today means fewer issues when Motus goes live.

Key to remember: By getting ahead of these updates, you set your company up for a seamless shift into Motus when it launches.

What are adverse driving conditions?

The Federal Motor Carrier Safety Administration (FMCSA) defines adverse driving conditions as weather or road conditions that could not have been known at the time of dispatch. This exception is meant to cover unexpected events, things a driver could not reasonably plan around. If conditions were forecasted, the ADC exception does not apply.

What does the exception allow?

When adverse conditions arise unexpectedly, a driver can drive up to 2 additional hours after the limits have been reached. Extending the driving time does not decrease the rest requirements. The exception cannot be used if the driver would not have been able to arrive on time, under normal conditions.

If a driver begins a trip and several hours into a trip, an unpredicted storm drops visibility, ADC may be used to complete the trip. A blizzard that was in the forecast for several days, would not qualify for this exception because the conditions were predicted in advance.

What is an Emergency Relief Order?

EROs are issued by state or federal authorities during significant events affecting public safety or essential supply chains. These orders temporarily modify HOS rules for drivers providing direct emergency assistance. Common examples of when these orders would be issued in the summer are:

• Widespread freezing temperatures that cause energy shortages,
• Major storms that disrupt supply chains and,
• Emergency transport of essential items like fuel, food and, medical supplies.

What does an ERO allow?

Each order is different, but they may allow:

• Temporary suspension of some or all HOS limits,
• More flexibility for drivers hauling emergency-related freight and,
• Apply across and entire state or region.

EROs should only be used when an official declaration is in place. Time limits are placed on these orders, so it is important to stay informed. The driver must be carrying emergency-related freight and, the carrier should notify the driver when they can and cannot use the exception.

Safety first, safety always

Neither of these exceptions override safety. Even with extra driving time, drivers should make good choices.

• Slow down in snow and ice,
• Increase following distance,
• Stop if conditions become unsafe and,
• Never drive fatigued.

The law gives flexibility in special circumstances, but it never removes the driver’s responsibility to operate safely.

Key to remember: Winter brings unique challenges for commercial drivers, but knowing the difference between Adverse Driving Conditions and Emergency Relief Orders helps ensure you stay safe, legal, and prepared.

1. Activate your FMCSA Portal account

Carriers should log into their Federal Motor Carrier Safety Administration (FMCSA) Portal account to either create or confirm active status for those accounts. An active Portal account allows you to claim your existing USDOT Number and to create a company account in Motus later this year.

You can log into an existing account by navigating to the Portal login page, and create a new account on the Portal’s registration page.

2. Verify your Portal user list

You can use the “Account Management” tab in the Portal to view and confirm which users have access to your Portal account. Double check to make sure the Company Official listed on the site is either the company owner or the employee who’s in charge of handling FMCSA registration.

Keep in mind that the Company Official’s Login.gov email for the Portal must be the same Login.gov email used for logging into Motus. This is the only way to link your USDOT Number with the Motus account.

The FMCSA recommends ensuring that the Company Official isn’t a transportation service provider or outside consultant.

3. Update your company info

The FMCSA recommends submitting an online Biennial Update (MCS-150) under the Portal’s “Registration” tab. This will make sure the most up-to-date information is on file and help make the transition to Motus even smoother.

Further assistance

For help with any of these steps or answers to your questions about how to manage your Portal account, please see the FMCSA Portal Registration User Guide for more specific guidance.

Federal law

Under the federal Fair Labor Standards Act (FLSA), employers may deduct overpayments from employees’ future wages, even if that would result in the employees being paid below the minimum wage.

Big lump-sum deductions, however, might not sit well with employees, risking negative employee relations and trust.

State laws

Just because the federal FLSA allows related deductions, many state laws have limits on how much employers may deduct.

In California, for example, employers may not make deductions to recover overpayments unless the employer and employee have a written agreement, and the employee voluntarily consents to the deduction. The deduction also can’t cause the employee’s pay to fall below the state’s minimum wage.

An ounce of prevention

To help prevent overpaying employees, employers may take a few steps, such as the following:

• Automate payroll processes as much as possible;
• Audit all related processes and tools regularly;
• Have clear timekeeping and payroll policies; and
• Encourage employees to review their payments and paystubs regularly, and ask them to report any issues quickly so mistakes can be resolved.

Key to remember: Mistakes happen, including those that result in overpaying employees. Employers can, however, take steps to fix them and prevent them from recurring.

Focus on filing

A good place to start the organizational process is by auditing employee files. Employee personnel files need to be organized in a manner that allows for quick access, whether electronic or paper files. The information also needs to be as complete as possible.

These files might be the source of a company’s defense if an employee ever decides to lodge a complaint with a government agency or file a suit against the employer. If the information isn’t accessible or complete, an agency representative could see this as the employer’s noncompliance with a law, or a judge may see this as a lack of evidence of fair employee treatment.

No matter how HR professionals organize their files, some information must NOT be included in the general employee files. Employee and applicant medical information, for example, must be kept separate and confidential.

3 focus areas to start getting more organized this year

1. FLSA recordkeeping. The federal Fair Labor Standards Act (FLSA) has certain recordkeeping requirements. The FLSA doesn’t require a particular form for the records, but does require that the records include certain identifying information about each employee and data about the hours worked and the wages earned. The law requires this information to be accurate. Basic payroll and identifying employee data include such information as:

• Name,
• Address,
• Occupation,
• Rate or basis of pay and terms of compensation (i.e., benefits),
• Daily and weekly hours worked per pay period,
• Additions to or deductions from wages, and
• Total compensation paid.

Employers must keep payroll records and collective bargaining agreements for at least 3 years. Records on which wage computations are based should be kept for 2 years. This would include such data as time cards, wage rate tables, work and time schedules, records of additions to or deductions from wages, etc. These records must be open for inspection by the government representatives, and may be kept at the place of employment or in a central records office.

2. EEOC recordkeeping. The federal Equal Employment Opportunity Commission (EEOC) regulations require that employers keep all personnel or employment records for 1 year. If an employee is involuntarily terminated, their personnel records must be retained for 1year from the date of termination. Additionally, employers must keep any employee benefit plan (such as pension and insurance plans) and any written seniority or merit system for the full period the plan or system is in effect and for at least 1 year after its termination.

3. FMLA recordkeeping. Covered employers are required to make and keep records about the company’s obligations under the Family and Medical Leave Act (FMLA) in accordance with the FLSA recordkeeping requirements. The FMLA also refers to the confidentiality provisions of the Americans with Disabilities Act and Genetic Information Nondiscrimination Act of 2008. Generally, employers must keep FMLA-related records for at least 3 years. No particular order or form of the records, however, is required. Other FMLA information to keep includes such details as:

• Dates when employees take FMLA leave. Employers may want to include copies of timesheets or records, written requests for leave, etc.
• Specific hours of leave if it’s taken in increments of less than one full day.
• Written copies of employee notices of leave they give to the employer and copies of all required general and specific written notices given to employees.
• Any documents, including written and electronic records, describing employee benefits or a company’s policies and practices regarding the taking of paid and unpaid leave.
• Premium payments for employee benefits.
• Records of any disputes between the employer and an employee regarding the designation of leave as FMLA leave, including any written statement from the employer or employee of the reasons for the designation and for the disagreement.

The bottom line

Remember, employers may keep records either electronically or have physical paper copies, but either method needs to be locked down and kept secure. Only designated personnel should be able to access the information within the rules of each applicable law.

It’s also good to set up a “purge” schedule to go through and discard old records once the time requirements have passed.

Key to remember: If getting more organized is a goal for this year, January’s a great time to get started. Focusing on the recordkeeping requirements of the FLSA, EEOC, and FMLA can help set the tone for the year.

No driver’s license but must be 18 years old

Since forklifts are not operated on public roads, the operator does not need a driver’s license. In fact, OSHA requires training on the differences between a forklift and a car. Someone with a driver's license might assume that forklifts handle like cars, but they do not!

A forklift operator must, however, be at least 18 years old. That’s not in the OSHA regulations, but appears in the child labor regulations. Minors under 18 years of age cannot operate (or even ride on) equipment like forklifts or scissor lifts.

Seatbelts required

Everyone knows that forklift operators must use the seatbelt if the forklift has one. That does not appear in the OSHA standard, but it’s usually a safety warning in the forklift operator manual. Since failing to wear a seat belt is a recognized hazard that could cause serious injury, OSHA uses the General Duty Clause to cite employers that don’t enforce seatbelt use.

Hearing or vision impairments

Employers occasionally hire trainees with hearing loss, vision impairment, or other physical limitations. Alternatively, an experienced forklift operator could get injured or experience similar impairments. OSHA does not establish specific requirements for vision, hearing, or other qualifications, and physical limitations are not necessarily disqualifying.

Instead, employers must evaluate the individual and determine if the person can operate safely. Trainers should work with their Human Resources team to evaluate possible accommodations under the Americans with Disabilities Act. Do not assume that a physical limitation would prevent someone from becoming a safe forklift operator. If an evaluation finds that the person cannot meet acceptable safety standards, the employer may refuse to certify the operator.

Trainers might need training

The employer determines who is qualified to deliver powered industrial truck training. The trainer must have the “knowledge, training, and experience” to train and evaluate operators. Attending a “train the trainer” class and getting a certification isn’t a bad idea, but OSHA doesn’t require any particular course or certification to be a trainer.

OSHA does, however, require that the trainer have experience using the type of equipment that trainees will operate. Since experience is required, the trainer likely received training on using that equipment. Further, if the employer purchases a new type of truck or attachment that the trainer has never used, the trainer will need experience using that equipment before training others.

For related information, see our articles on Debunking the mysteries of forklift training (Part 1) and Debunking the mysteries of forklift training (Part 2).

Even minor modifications require approval

Modifications that affect “safe operation” require the manufacturer’s written approval per 1910.178(a)(4). In OSHA’s view, that covers nearly any change, even adding a warning light or backup alarm. A Letter of Interpretation dated April 11, 1997, clarified that if the manufacturer does not respond or refuses to approve a modification, employers may instead get approval from a Qualified Registered Professional Engineer. Employers should ensure that forklift operators don’t modify equipment, like adding plywood or tarps to the cage as a sun shade. Those changes could affect safe operation and would require approval.

Key to remember: The powered industrial truck standard does not address every issue that employers might face, but employers can find answers in other regulations or guidance.

A closer look at the top serious violations

Machine guarding – Types of guarding methods. Operating machinery or equipment can be extremely dangerous when it’s not properly guarded or maintained. Injuries involving machinery or equipment often result in death or permanent disability. One or more methods of machine guarding must be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods include barrier guards, two-hand tripping devices, and electronic safety devices.

Hazard communication – Written program; information and training; safety data sheets (SDSs) readily accessible. HazCom gives employees the right to know the hazards of the chemicals they’re exposed to. Covered employers must develop and implement a written program that describes how they’re complying with the provisions of 1910.1200, provide information and training, and ensure SDSs are readily accessible in employees’ work area throughout each shift.

Lockout/tagout – Procedures shall be developed; periodic inspection. Workers servicing or maintaining machines or equipment may be seriously injured or killed if hazardous energy is not properly controlled. Employers must develop energy control procedures for machines and equipment when they’re being serviced or maintained, following the criteria in 1910.147(c)(4). Procedures must be reviewed annually (the “periodic inspection”) to ensure they’re being followed and to correct any deficiencies.

Powered industrial trucks (PITs) – Operator competency. Employers must ensure that each PIT operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in 1910.178(l)(1). Certification of training and evaluation must include 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.

Respiratory protection – Written program; medical evaluation. In workplaces where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, a written respiratory protection program with worksite-specific procedures must be developed and implemented, following the requirements in 1910.134(c)(1). Employers must provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace.

Medical services and first aid – Eye and body flushing facilities provided. Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body must be provided within the work area for immediate emergency use. OSHA uses the associated ANSI standard, ANSI Z358.1: Emergency Eyewash & Shower Standard, during inspections when evaluating the suitability of emergency eyewash and shower protection provided by the employer.

Key to remember: Employers who fall under 29 CFR 1910 can use OSHA’s list of most frequently cited serious violations to strengthen their safety programs and protect their workforce.

For a deeper dive, check out our related article: Avoid $50K in 'serious' OSHA fines: Learn where others slipped up in FY 2025.

Carbon monoxide: The silent threat

The danger begins with the air we breathe. Carbon monoxide is frequently called the “silent killer” because it is colorless, odorless, and tasteless. In the winter, the risk spikes as buildings are sealed tight to keep the cold out, inadvertently trapping any gases produced by fuel-burning equipment.

In industrial settings, this might be a propane-powered forklift running in a closed loading dock. In an office setting, it could be a malfunctioning furnace or the improper use of a kerosene heater. Because CO mimics the symptoms of common winter ailments, it is easy to ignore. Employees might complain of a "dull headache," "winter fatigue," or "nausea," assuming they are just coming down with a cold. However, a key red flag for employers is this "cluster effect." If multiple people in the same area begin feeling lethargic or dizzy simultaneously, it is probably not a virus—more than likely it is an environmental emergency. Protecting your team starts with the installation of CO detectors, but it continues with a culture where employees feel empowered to speak up the moment the air feels off.

Air quality to fire safety

Where fuel-burning equipment creates a chemical hazard, electric heating creates a structural one. When the central HVAC system can’t keep up with a January cold snap, the "personal space heater" becomes the most popular tool in the building. While these devices provide immediate relief, they are responsible for a staggering percentage of workplace fires because they are often treated as "plug-and-play" appliances rather than high-powered industrial tools.

The transition from a cozy workstation to a fire hazard often happens through simple proximity. This is where the "Three-Foot Rule" becomes non-negotiable. Whether it is a stack of paper, a plastic trash can, or a winter coat draped over a chair, combustible materials must be kept at a distance. A heater doesn't need to touch an object to ignite it; the constant radiant heat can raise the temperature of nearby materials to their ignition point over several hours.

Beyond the physical placement of the heater lies the electrical strain. A common mistake in office environments is "daisy-chaining” or plugging a space heater into a power strip or an extension cord. Most power strips are designed for low-draw electronics like monitors and phone chargers. A space heater draws a large amount of electricity, which can cause the internal wiring of a power strip to melt or ignite long before a circuit breaker ever trips. To bridge this gap, employers should enforce a "Direct-to-Wall" policy. If a heater cannot reach a wall outlet, it should not be used. This ensures the building’s heavy-duty wiring handles the load, rather than a thin plastic extension cord hidden under a rug.

Strategies

Protecting employees during the winter months requires a much broader view of indoor safety. It isn’t just about checking the furnace or just banning heaters; it’s about managing how we modify our environment. A few winter safety strategies should include:

• The "Last Man Out" Protocol: Assigning a team member to ensure all supplemental heaters are unplugged and not just turned off at the end of the day.
• HVAC Audits: Treating the need for space heaters as a "symptom" that the main heating system needs a professional tune-up or vent cleaning.
• Open Communication: Encouraging a "safety first" mindset where reporting a headache or a hot-to-the-touch power cord is rewarded, not dismissed.

Keys to remember: By addressing the air we breathe and the equipment we plug in as two parts of the same winter safety goal, employers can ensure that the workplace remains a sanctuary from the cold, rather than a source of danger.

Applying exemptions

Employers with 10 or fewer employees do not need to maintain a 300 Log, but this exemption counts all employees at all locations. If an employer has three locations, each with four employees, it has more than 10 employees and the size exemption will not apply.

The other exemption is based on each establishment’s North American Industry Classification System (NAICS) code. Employers might have some establishments that must keep a 300 Log and others that do not, like a manufacturing facility that maintains a 300 Log and an administrative office that is exempt.

In some cases, an establishment’s activities fit under more than one NAICS code, like a manufacturing plant with a distribution warehouse. OSHA advises using the code that either generates the most revenue or has the most employees, whichever the employer deems most applicable. Employers should check their workers’ compensation coverage to see which code they use.

For more information, see our article Which NAICS code should you use for OSHA?

Traveling and remote workers

If an employee has a recordable incident while visiting another establishment, the employer must record the case on the 300 Log for the establishment where the incident occurred, even if the employee normally works elsewhere.

However, if an employee has a recordable incident and is not at an establishment (such as traveling), the employer must record the case on the 300 Log for the establishment where the employee normally works.

Remote workers must be linked to a fixed establishment, typically the location from which they are supervised or receive job assignments. Recordable incidents to remote workers must be recorded on the 300 Log of the establishment to which they are linked. Employers also count remote workers as employees of the linked location, even if they work in another state.

Annual summaries

On February 1, each establishment that maintains a 300 Log must post a 300A annual summary for the previous calendar year. This is required even if the location has 10 or fewer employees, and even if the establishment had zero recordable incidents. Employers cannot combine multiple establishments on a 300A (although short-term establishments can be combined).

If some employees split their work time between locations, employers may distribute their hours worked between locations. However, if someone spends only a small amount of time visiting various locations, the employer may count all hours worked at the primary or linked location. Usually, this would not significantly impact the total hours worked for an establishment.

For more information, see our article Completing the 300A: Tips for the mathematically challenged.

OSHA requires a posting a physical copy of the 300A in the workplace until April 30, but employers may also post the summary on a company intranet for remote workers. OSHA does not require sending the 300A to remote workers who never visit the site, although California does require that.

Key to remember: Employers with multiple locations should confirm that the NAICS code for each location is correct, verify that incidents to traveling or remote workers are properly recorded, and ensure that each covered establishment posts a 300A as required.