Expert Insights: Don’t hit the snooze button on employee fatigue

What’s the re-notification requirement?

The Resource Conservation and Recovery Act (RCRA) enables EPA to control hazardous waste from generation to disposal. The agency keeps tabs on SQGs through the re-notification regulation at 40 CFR 262.18(d). It requires SQGs to re-notify EPA or the state environmental agency of their generator status and activities every four years by submitting the:

• Notification of RCRA Subtitle C Activities, also known as the Site Identification (ID) Form (EPA Form 8700-12), or
• State-equivalent form.

How do SQGs re-notify?

Regulated SQGs must submit the Site ID Form. EPA and many states use the myRCRAid module on RCRA Information (RCRAInfo) for re-notifications.

Here’s how to submit the Site ID Form on myRCRAid:

1. Log in to RCRAInfo.
2. Click “Create New Submission” on the myRCRAid tab.
3. Select the reason for submittal as “Obtaining or updating an EPA ID number for on-going regulated activities (Items 10–17) that will continue for a period of time."
4. Review and update the information about your site as needed, including the facility’s:
   • EPA ID number,
   • Name and location address,
   • Mailing address,
   • Land type,
   • North American Industry Classification System (or NAICS) code,
   • Site contact information,
   • Legal owner/operator information,
   • Type of regulated waste activity,
   • Additional regulated waste activities, and
   • Status as:
     • An academic entity with laboratories,
     • An episodic generator,
     • A large quantity generator (LQG) consolidating very small quantity generator hazardous waste,
     • An LQG site closing a Central Accumulation Area or facility,
     • A secondary hazardous material manager, and
     • A contractor of an electronic manifest broker.
5. Include any additional information in the comments section (Item 18).
6. Click “Review.” Make any needed corrections to the information. Once this is complete, myRCRAid will display the Review Source Record page.
7. Submit the re-notification:
   • If you don’t have Certifier permission, click “Mark Ready for Signature.” The application will save the form in the “In Progress” section on myRCRAid and notify individuals at your facility with Certifier and Site Manager permissions. The status will display “Ready for Signature."
   • If you have Certifier permission, confirm that the data is correct and click “Sign & Submit” to electronically sign the submission.

Once you submit the Site ID Form, its status on myRCRAid will display “Pending.” EPA or the state regulator will approve or reject the re-notification submission.

Re-notification recommendations

Consider these tips when preparing your SQG re-notification:

• Most RCRA programs are implemented at the state level. Confirm the re-notification regulations with your state environmental agency. It may not use myRCRAid and may require more frequent submissions.
• Ensure you have the necessary RCRAInfo permissions to submit the SQG re-notification. A Preparer can enter information into the Site ID form, but only a Certifier or Site Manager with Certifier permission may sign and submit it.
• EPA accepts submission of the Site ID form at any time within the four years before the next re-notification deadline, so you can submit the re-notification before September 1. Verify with your state whether the same allowance applies.

Submitting the SQG re-notification properly keeps EPA updated and your facility compliant.

Key to remember: Small quantity generators of hazardous waste must re-notify EPA or the state agency by September 1, 2025.

Compliance considerations

Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.

Air permits

• State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.

• In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.

• Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: NSR Permits.

(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)

• Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.

• The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.

• Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.

• After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits

EPA emission standards

The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.

These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.

Other Regulations

Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:

• Aboveground Storage Tank (AST) Requirements

• Spill Prevention Control and Countermeasure (SPCC) Plans

• EPCRA Tier II Reporting

Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.

Hazardous materials

The term hazardous material is defined by the Department of Transportation and refers to any substance or material that poses an unreasonable risk to health, safety, and property during transportation. Hazardous materials include hazardous substances, hazardous wastes, marine pollutants, and elevated-temperature materials. Essentially, if it’s dangerous and transported, it’s considered a hazardous material.

Hazardous waste

On the other hand, hazardous waste is defined by the Environmental Protection Agency. It refers to contaminated chemicals or by-products that no longer serve their purpose and need to be disposed of. Hazardous wastes are either listed or exhibit characteristics like ignitability, corrosivity, toxicity, or reactivity. It’s essentially waste that poses a danger to health or the environment and requires special handling and disposal.

To put it simply, hazardous material is a broad term that includes various dangerous substances during transportation, while hazardous waste specifically refers to dangerous by-products that need disposal. Understanding these terms is crucial for compliance with environmental and safety regulations.

If you ever find yourself unsure, remember that hazardous materials are about transportation risks, and hazardous wastes are about disposal risks.

Infectious Diseases Rule

On January 14, 2025, the Office of Management and Budget (OMB) withdrew the Infectious Diseases proposed rulemaking from the review schedule. OSHA’s hope was that the OMB would approve the proposal in time for a January 2025 publish to the Federal Register. With the withdrawal of the rulemaking from OMB review, the future of the Infectious Disease proposed rulemaking is unclear.

COVID-19

Additionally, OSHA announced on January 15, 2025, the withdrawal of the non-recordkeeping portions of the Healthcare Emergency Temporary Standard (ETS). However, OSHA has declared that the recordkeeping and reporting requirements, which were adopted under a separate provision of the OSH Act, would remain in effect.

This means that OSHA will not cite employers for COVID-19 recordkeeping violations under its Healthcare ETS. These regulations are specific to healthcare settings and although they remain in effect, OSHA will not enforce them until further notice.

National Emphasis Program

OSHA's COVID-19 National Emphasis Program (NEP) was also discontinued, effective January 16, 2025. The nationwide enforcement cancellation was based on updated public health guidance from the Centers for Disease Control and Prevention and the World Health Organization indicating that the COVID-19 global health emergency has ended.

These changes don’t mean there are no longer any infectious disease or COVID-19 hazards, especially for healthcare workers. Employers must still protect workers from hazards and exposures, and OSHA will continue to enforce related regulations like respiratory protection (1910.134), personal protective equipment (PPE) (Subpart I) and the general duty clause.

Key to remember: Despite the cancellation or pause of some infectious disease standards, employers must still protect workers from infectious diseases under other regulations like respiratory protection, PPE, and the general duty clause.

6 frequently asked questions

1. What should CDL/CLP drivers and employers do to get ready for these changes?

• Monitor the SDLA: Drivers and employers should check their SDLA’s transition date and procedures. All SDLAs must switch to the new system on or before June 22nd.

The FMCSA link below displays the states that have transitioned so far:

National Registry

• Follow the current process until transition: CDL/CLP drivers must keep submitting copies of each medical certificate until their SDLA tells them to stop.
• Prepare for the transition: Update internal processes and train staff in the new procedures. If more than one licensing state is involved, there may be more than one process to update driver qualification (DQ) files until all SDLAs transition.

2. What should be done after the transition date or by June 23,2025?

• Carriers: Must place motor vehicle records (MVRs) in the driver qualification (DQ) file within the required timeframe (to be determined). They no longer need to note that the certified medical examiner (CME) was on the Registry.
• CDL/CLP drivers: Must continue to self-certify their driving tier (interstate or intrastate) and whether they need to be medically certified (Excepted/Non-excepted) when they apply for a new, renewed, or upgraded CDL/CLP.
• Carriers and/or drivers: Schedule exams well before the expiration date. Enforcement must go by what is in the CDL Information System (CDLIS). If a CDL driver does not have the medical card that was just issued, the system may show their certification as expired if there is any delay in transmission and the old expiration date has passed.

3. Will clinics automatically issue medical cards to CDL/CLP drivers? What if they don’t?

On and after June 23,2025, examiners don’t have to issue CDL/CLP drivers’ medical cards unless they ask for one. It is not known if every clinic will issue medical certificates.

There is a potential 2 to 4-day gap for the information to show on the MVR.

• Examiners must enter the exam results by midnight of the day after the exam.
• The data transfer from the registry to the SDLA takes about two days.

Given the potential gap in proof of medical certification, two best practices to consider:

1. To minimize roadside inspection concerns, carriers should direct CDL/CLP drivers to ask for a medical card to carry until the new medical certification information is on their MVR.
2. The driver should give a medical certificate copy to the carrier to show they have passed the exam.

4. How long will carriers have to place an updated MVR in the DQ file?

Currently, carriers have 15 days after each exam to place a CDL MVR in the DQ file. On and after June 23rd, this time may be shorter if FMCSA changes the rule. By June 23, 2025, the MVR should reflect the current information in 2-4 days after the exam.

5. Why are procedures changing?

FMCSA published a rulemaking in 2015 that requires SDLAs to connect to NRCME, but the initiative was delayed more than once. The connection simplifies the CDL medical certification documentation process and accounts for every medical examination, even disqualifications.

6. Does this rule impact non-CDL drivers?

No. Drivers who hold non-CDL licenses will still receive a medical certificate which should not be submitted to their SDLA.

Key to remember: Carriers and drivers must understand their responsibilities in this critical transition to avoid CDL driver medical qualification issues.

What is a split specimen?

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

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

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

What happens while the split specimen is being tested?

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

Who pays for the split specimen to be tested?

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

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

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

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

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

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
• Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

• The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
• The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
• Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
• A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
• Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
• Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
• Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
• The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
• If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

Two-part assessment

The policy advises officers to begin all roadside inspections in English. If it seems the driver may not understand the officer’s initial instructions, the officer is directed to conduct a two-part assessment to evaluate the driver’s compliance with the English language standard.

The first step is a driver interview, though details of the interview process were redacted from the public version of the policy. The policy says drivers should not use tools to facilitate communication during the interview, such as interpreters or smart-phone applications.

The policy directs officers to cite drivers for a violation if they cannot pass the interview portion of the assessment.

Step two in the assessment is evaluating whether the driver can recognize common highway traffic signs. The policy contains images of signs officers can use for this part of the test, but those too are redacted from the public version of the policy.

‘Out of service’ as of June 25

If a driver fails the test, the policy says the officer should:

1. Cite the driver for a violation of 391.11(b)(2);
2. Document evidence to support the violation, including the driver’s responses or lack thereof;
3. Beginning June 25, place the driver out of service (June 25 is when the violation will be added to the North American Standard Out-of-Service Criteria, as previously announced by the Commercial Vehicle Safety Alliance); and
4. When warranted, initiate an action to disqualify the driver from operating commercial motor vehicles in interstate commerce.

Drivers who are placed out of service won’t be allowed to drive until they can meet the English language requirements.

The policy applies to all federal enforcement personnel who perform inspections on drivers engaged in interstate commerce. Its effect on state-level enforcement remains unclear for now.

According to the policy, drivers in a commercial zone along the U.S.-Mexico border may be cited but should not be placed out of service.

The regulation

The Federal Motor Carrier Safety Regulations state that commercial drivers must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”

The new policy replaces a 2016 policy that ordered inspectors not to place drivers out of service for violating the language requirement.

What qualifies as MOT

To use the MOT exception, the hazardous materials you transport must meet specific criteria outlined in the regulations. A "material of trade" refers to hazardous materials that are transported by a private motor carrier in direct support of its primary business activities. These materials are not offered for sale or distribution but are instead used by the operator or business for operational purposes.

According to the DOT, a hazardous material qualifies as a MOT if it is:

• Used to protect the health or safety of the driver or passengers, such as insect repellents, first aid chemicals, or breathing apparatus.
• Necessary for the maintenance of the vehicle or its equipment, including items like fuel, lubricants, or spare batteries.
• Directly related to the operator’s business activities, such as tools and supplies used in construction, landscaping, pest control, or similar trades.

What you won't have to do

When these conditions are met, the MOT exception allows for relief from many of the requirements listed in the hazardous materials regulations. Specifically, materials transported under this exception are not subject to the following requirements:

• Hazmat shipping papers
• Emergency response information
• Vehicle placarding
• Formal hazmat training

This exception is especially valuable for small businesses and field crews, such as those in the construction industry, who frequently need to transport smaller quantities of hazmat like adhesives, paints, solvents, fuels, and compressed gases to job sites. By using the MOT exception, these businesses can operate more efficiently while still maintaining safety and compliance.

Quantity and packaging limits apply

The MOT exception does have strict limits on the type and amount of hazmat that can be transported, which includes:

• Class 3, 8, 9 and Division 4.1, 5.1, 5.2, or 6.1 materials:
  • 1 lb. or 1 pint for Packing Group I;
  • 66 lbs. or 8 gallons per container for Packing Group II or III; and
  • 400 gallons of a diluted mixture, not exceeding 2% concentration for Class 9.

• Division 2.1 or 2.2 gases: Cylinders not exceeding 220 lbs.
• Division 4.3 materials: Limited to 1 ounce per container for Packing Group II or III.

When transporting multiple MOT together, the total weight of all MOT cannot exceed 440 pounds per vehicle. In addition, all materials must be properly marked, labeled, and secured in the vehicle.

Key to remember: The MOT exception provides a practical and efficient way for construction companies to transport smaller quantities of hazardous materials without the full burden of hazmat regulations.

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.

Termination challenges

During the interactive portion of the event, J. J. Keller invited the HR professionals in attendance — some with decades of HR experience — to share stories about terminations they’ve handled, as well as any related questions.

Participants mentioned the risk of wrongful termination claims being filed when employees over age 40 must be let go, or when firing someone who has filed a workers’ compensation claim or requested Family and Medical Leave Act leave. The consensus was that these tricky situations required thorough documentation showing that the terminations were based on poor performance or improper conduct.

“You can’t show favoritism,” said an attendee. “If you discipline one employee for something, you have to discipline all employees who have the same performance or conduct issues.”

What has worked

Because terminations often involve sticky issues, one attendee suggested all managers be encouraged to bring in HR sooner rather than later during the discipline process. Another tip shared was to be sure all employees (including frontline supervisors) are trained in company policies and procedures, and that policies and procedures are implemented consistently.

3 keys to smoother terminations

Avoiding termination troubles was summed up by virtual conference attendees in three words:

1. Consistency. Policies must be enforced equally for all employees.
2. Respect. Employees should be treated with respect throughout the disciplinary process.
3. Documentation. Performance records, disciplinary measures that have been implemented, and conduct issues must be thoroughly documented to mitigate the risk of wrongful termination claims.

Key to remember: Virtual conference attendees came away with the message that they are not alone when it comes to termination challenges, but that through respect, consistency, and documentation, they can reduce the risks involved when an employee must be let go.

The story

In 2023, to explore reasons for low morale, Christopher, a police officer, voluntarily conducted a wage survey of area law enforcement agencies. The survey showed that members of the city’s police department were paid less than those of other local law enforcement agencies. He presented the findings to Chief Kuth on October 31, 2023.

On November 17, Chief Kuth reassigned Christopher from his day-shift position as a detective to a night-shift position as a patrol officer.

On an unrelated note, on November 29, Christopher emailed his supervisor, with the HR director copied, to tell them that “in the next couple of months” he would need to receive treatment for a recurrence of cancer. In that email, Christopher recalled that when he went through a similar treatment several years earlier, he “didn’t miss much work then” and that he was “hoping for something similar” this time as well.

The HR director responded with FMLA paperwork attached, explaining, “I understand you don’t anticipate missing much work, but this is still an FMLA qualifying event.”

Chief Kuth fired Christopher 14 days later, on December 13.

Christopher sued, and the employer asked the court to dismiss the case.

The case and the findings

In court, the employer put forth two arguments:

• Christopher never provided proper notice of his need for FMLA benefits.
• It fired Christopher for legitimate reasons unrelated to his health issues.

Christopher had provided adequate notice of the need for leave. Chief Kuth argued that when he fired Christopher, he wasn’t aware of Christopher’s potential need for medical leave, so the leave had nothing to do with the termination.

Christopher’s supervisor, however, testified that he was “sure” that he told Chief Kuth that Christopher was planning to take medical leave, though he couldn’t recall when.

The employer also gave shifting explanations of why it fired Christopher.

Chief Kuth said that he fired Christopher for “insubordination” because Christopher “was saying that I was lying about not supporting [line officers] or helping them with wages.”

The police department, however, told the Arkansas Division on Law Enforcement Standards and Training that Christopher was “terminated for non-disciplinary reasons.”

Also, the employer policy required investigations into allegations of employee misconduct before taking disciplinary measures, and had investigative procedures that leaders had to follow.

But Chief Kuth never had any discussion with Christopher about the reason for his firing, and the chief never conducted any investigation into the allegations that Christopher called him a “liar” before firing him.

Therefore, the court did not dismiss the case as the employer had wanted. Instead, the court allowed it to proceed to a trial.

Collins v. City of Lowell, Arkansas, Western District of Arkansas, No. 5:24-CV-5122, May 1, 2025.

Key to remember: Employers may fire employees for legitimate reasons that don’t have to do with a request or taking of FMLA leave, but they need to be able to show what those reasons are. Otherwise, a termination can look like retaliation.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

#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.

A late Senator Kennedy legacy

You could call the bill the “Kennedy Amendment.” The PAWA goes back to April 29, 2004. That’s when Senator Edward “Ted” Kennedy (D-MA) introduced it. Back then, the lawmaker acknowledged that it would be an “uphill battle” to get the bill through Congress. It’s unclear if he sensed it would take over 20 years, but he said he was committed to the fight. The Senator reintroduced or cosponsored the bill in 2005, 2007, and just days before he died in 2009.

When introducing the bill, Kennedy explained, “I’m committed to fighting for people like Jeff Walters, whose son Patrick was killed when a trench collapsed on him ... His employer was known to be violating critical safety rules. We will fight for people like Ron Hayes, whose son Patrick suffocated in a grain elevator … We intend to do everything we can to keep other working families from that grief.”

Kennedy argued, “These deaths and injuries aren’t accidents, they’re crimes, and it’s time we started treating them like crimes.” In fact, the Senator pressed, “Every year, over five thousand workers are killed and nearly five million others become ill or are injured on the job … Too many companies … blatantly ignore the law, but they never go to jail—even when their actions or lack of action kill loyal employees who work for them … Employers who violate safety laws again and again … treat [OSHA fines] as just another cost of doing business. We cannot let these shameful practices continue.”

Representative Courtney carries the torch

The PAWA has been bolstered and reintroduced with every Congressional session since Kennedy. House Representative Joe Courtney (D-CT) just floated the bill as H.R. 3036. The Congressmember shared: “Fifteen years ago, an explosion at an energy plant in Connecticut left six workers dead and dozens injured. Some of the workers who died were my friends, and I watched as their families fought for justice and accountability for years afterwards. Their story, and the horrifying reality that … workers die each day as a result of hazards faced at work, is why I am a champion for the Protecting America’s Workers Act.”

A fact sheet from Courtney claims that the Bureau of Labor Statistics estimates that 5,283 workers were killed on the job in 2023, and nearly 3.2 million workers suffered on-the-job injuries or illnesses.

What’s in the latest bill?

H.R. 3036, if passed, would:

It’s a safe bet that the PAWA will continue to be reshaped and reintroduced until signed into law.

Key to remember

The PAWA was reintroduced to expand coverage to public workers, increase penalties, and otherwise strengthen the OSH Act.

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.

What Are Leading Safety Indicators?

According to OSHA, leading indicators are proactive, preventive, and predictive measures that help you gauge how well your safety and health programs are working. In simpler terms, they’re the actions and behaviors that can help prevent injuries or illnesses before they happen. This is different from lagging indicators, which only track incidents after they’ve already occurred — when someone has already been hurt.

Common examples of leading indicators include:

• Near-miss reports: Reporting incidents that could have caused harm but luckily didn’t’.
• Safety observations: Identifying and actively reporting unsafe conditions or behaviors.
• Participation in safety training: Attending and engaging in safety-related education.
• Toolbox talks and safety meetings: Participating in regular discussions about safety topics.
• Preventative inspections and audits: Conducting routine checks of equipment and workspaces.
• Corrective actions taken: Mitigating recognized hazards before they result in harm.
• Employee safety suggestions: Contributing ideas for improvement.

How can gaming help promote the use of leading indicators?

The term gamification involves applying game design concepts — like points, levels, challenges, and rewards — to non-game situations. In the workplace, this means upgrading routine safety tasks into interactive experiences that motivate employees to participate actively. The key is to make safety behaviors visible, measurable, and rewarding.

While OSHA does not explicitly endorse gamification, the Agency does emphasize the importance of worker participation and engagement in safety programs. Gaming concepts can be a powerful tool to increase that engagement. By making safety activities more interactive and rewarding, gamifying aligns with OSHA’s goal of fostering a proactive safety culture.

Here’s how safety managers can gamify leading indicators:

• Points and rewards: Assign points for each leading indicator action like submitting a near-miss report or attending a safety meeting. Points can be exchanged for rewards or recognition.
• Challenges and quests: Create weekly or monthly safety challenges. For example, challenge teams to complete five safety observations or conduct a peer-to-peer safety check.
• Leaderboards and badges: Track and display progress publicly. Recognize top contributors with digital badges. You can even come up with fun titles, such as “safety superstar of the month.”
• Progression and levels: Develop a tiered system where employees can “level up” by consistently engaging or actively participating in safety activities, moving from novice level to expert level.
• Feedback loops: Provide immediate feedback when safety actions are taken including acknowledging contributions with positive recognition including thank you messages or progress updates.

Key to remember: Gamifying safety is not just about having fun; it’s about making safety initiatives more engaging and meaningful. When done right, it turns routine compliance into active involvement.

Steps to conduct a PPE hazard assessment

1. Find hazards: Look around the workplace to spot any dangers. This includes checking equipment and materials while also reviewing work procedures.
2. Choose the right PPE: After finding the hazards, pick the right protective gear to keep workers safe. Think about the type of hazard and how much protection is needed.
3. Train employees about PPE: Make sure workers know how to use selected PPE correctly. Employers should teach workers how to use, care for, and understand the limits of PPE. Training should cover when PPE is needed, how to put it on and take it off, how to inspect it, and how to keep it clean.
4. Ensure proper fit: PPE must fit each worker properly to be effective. Employers should check that the gear fits well. Poorly fitting PPE can create additional hazards.
5. Verify the assessment: OSHA requires employers to prove they did a hazard assessment. The proof should contain details such as the work area examined, the individual who conducted the assessment, and the date(s) on which it was performed.

Example scenario

Let's walk through each step of a PPE hazard assessment using a hypothetical example of a worker in a manufacturing plant.

In this example, we're assessing workers on an assembly line who operate machinery, handle materials, and perform quality checks.

Step 1: Identify potential hazards

• Mechanical: Moving parts of machinery that could cause cuts or crushing injuries.
• Chemical: Exposure to cleaning agents or lubricants.
• Noise: High levels of noise from machinery.
• Eye: Risk of flying particles during material handling.

Step 2: Select appropriate PPE

Based on the identified hazards above, the following PPE is selected:

• Mechanical: Safety gloves to protect hands from cuts and crush injuries.
• Chemical: Chemical-resistant gloves and aprons to prevent skin contact with harmful substances.
• Noise: Earplugs or earmuffs to protect hearing.
• Eye: Safety goggles to shield eyes from flying particles.

Step 3: Communicate PPE decisions

Inform the workers about the selected PPE:

• Explain why each piece of PPE is necessary.
• Demonstrate how to properly use and wear the PPE.
• Emphasize the importance of using PPE at all times in the designated areas.
• Answer questions and address concerns from workers.

Step 4: Ensure proper fit

Check that the PPE fits each worker correctly:

• Ensure gloves are the right size and provide adequate dexterity.
• Confirm that earplugs or earmuffs fit comfortably and effectively reduce noise.
• Verify that safety goggles fit appropriately and don't obstruct vision.

Step 5: Verify hazard assessment

Document the hazard assessment:

• Work Area Evaluated: Assembly Line
• Person Certifying the Assessment: Safety Manager
• Date of Assessment: May 1, 2025

What does OSHA say?

Under 29 CFR 1910.132, OSHA requires a thorough, documented assessment that effectively will make sure workers have the right equipment to protect them from the hazards they face every day on the job, including:

• 1910.132(d)(1): "The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE)."
• 1910.132(d)(2): "The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s) of the hazard assessment, and which identifies the document as a certification of hazard assessment."

Key to remember: OSHA requires documented PPE assessments when hazards necessitate its use. By doing thorough assessments, choosing the right PPE, and providing effective training, employers can ensure compliance but, more importantly, keep their workforce safe from job hazards.

An example of half-truths

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

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

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

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

Putting in that extra bit of effort

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

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

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

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

Keep AI in check

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

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

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