Expert Insights: Handy information for the ERG

What is used oil?

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

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

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

Used oil becomes hazardous waste if:

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

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

EPA requirements for used oil disposal

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

1. Storage Requirements

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

2. Transportation and Disposal

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

Used oil must be:

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

3. Spill Prevention and Cleanup

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

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

OSHA regulations for handling used oil

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

1. Personal Protective Equipment (PPE)

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

2. Hazard communication (HazCom) program

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

3. Fire and Explosion Safety

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

State-Specific used oil disposal regulations

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

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

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

Staying compliant with used oil disposal requirements

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

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

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.

What are PFAS?

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

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

Prepare for more state PFAS rules

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

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

Safer States expects these states to consider policies such as:

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

Current state PFAS actions

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

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

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

Stay alert to state PFAS actions

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

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

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

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

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

Big takeaway

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

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

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

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

Identifying challenges

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

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

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

Five years of warehouse fires

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

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

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

Take it from the pros

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

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

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

Key to remember

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

Proposed legislation

Bipartisan legislation has recently been introduced in the House that would require businesses to provide restroom access to truckers who are loading or delivering cargo at their warehouses, manufacturers, distribution centers, retailers, and ports.

Supported by leading organizations in the trucking industry, the Trucker Bathroom Access Act (H.R. 9592) was introduced on Dec. 15, 2022. The bill requires retailers, warehouses, and other establishments with existing restrooms to provide access to drivers who are loading or delivering cargo. Additionally, operators of ports and marine terminals must provide access for drayage and parking while accessing such restrooms.

This amendment to Title 49 would exempt some employers from the bill including filling and service stations, and restaurants 800-square feet or smaller with restrooms intended for employee use only. The bill doesn’t require employers to construct new restrooms but to give truck drivers the same access as employees or customers.

Your restroom availability affects their health

Commercial truckers and delivery drivers are the lifeline of our supply chain of supplies, products, and consumables. Working tirelessly all hours, during holidays and weekends, and throughout the pandemic, they continue to deliver critical food and emergency supplies to companies everywhere. Employers have the privilege of demonstrating gratitude to truckers and delivery drivers with a positive work environment.

The benefits of allowing truckers and delivery drivers the convenience and safety of readily available, sanitary restroom facilities are plenty. They’re able to rest and reset when necessary, which keeps them and others safer on the roads. Equally important, restroom availability prevents drivers from having to search for available facilities elsewhere, allowing them to keep a timely delivery schedule, limit supply chain delays, and ultimately lower costs for employers and customers.

Keys to remember

The proposed Trucker Bathroom Access Act will require retailers, warehouses, and other establishments with existing restrooms to provide access to truckers and delivery drivers who are loading or delivering cargo. Access to restrooms keeps them refreshed and ready to deliver essential supplies to companies across the country.

Who’s subject?

Vehicles regulated by the FMCSA include those over 10,000 pounds operated across state lines for a business-related purpose. Many in-state-only operations are similarly regulated, although off-road construction equipment (backhoes, scrapers, bulldozers, etc.) is generally exempt.

Operation of a vehicle over 26,000 pounds or carrying certain hazardous materials brings additional responsibilities, including commercial driver’s licenses (CDLs) and drug and alcohol testing.

Whenever a company begins using a DOT-regulated vehicle, it must register with the FMCSA and ensure its drivers are properly licensed, qualified, and (when required) enrolled in a drug and alcohol testing program. The vehicle(s) must be properly marked, equipped, and inspected, and each new company must pass a new-entrant audit, among many other requirements aimed at ensuring roadway safety.

Top 10 fines

FMCSA settlement data shows that many construction companies paid five-figure fines in 2024 for failing to follow highway safety regulations. The following are among the costliest fines paid last year by companies in the construction industry:

Key to remember: Construction companies that operate large vehicles on public roadways face significant fines if they fail to follow basic DOT trucking safety regulations.

Work zone safety tips

Plan ahead and manage your time. Before starting your day, plan your route. When possible, avoid work zones by using detours or alternate routes. Whether you are able to use an alternate route or have to travel through the work zone, schedule enough time to safely make the trip. Stay informed on current conditions, remain patient, and stay calm.

Remain focused. Your full attention should be on the road at all times, but this is even more critical when traveling through a work zone. Focused driving includes avoiding distractions, such as using your cell phone, eating, drinking, adjusting the radio or global positioning system (GPS), and conversing with passengers.

Pay attention to signs. Orange, diamond-shaped signs are posted to give advance warning of:

• Lane closures,
• Speed reductions, and
• Workers ahead.

Slow down. Lane closures and shifts in traffic patterns are common in work zones. Because of this, it is important to slow down.

Follow the posted speed limit. Speeding is one of the major causes of work zone crashes. Because of this, many states have enhanced their fines and penalties for exceeding the speed limit in a work zone.

Maintain a safe following distance. Stopping a large vehicle takes both space and time. A truck with good tires, traveling at 55 miles per hour in ideal conditions, needs about 450 feet and seven seconds to stop. Stopping distances can be greater if:

• It is raining or snowing,
• Tires or brakes are worn, or
• There is dirt or gravel on the road.

Use the lane furthest from the work zone. This provides additional space between the sides of the vehicle and construction workers.

Avoid sudden lane changes. When approaching lane closures, move into the open lane as soon as possible. Be sure to pay close attention to vehicles around you that could be in your blind spot.

Always expect the unexpected/drive defensively. In addition to watching for people working on or near the road, watch out for motorists racing to get ahead of you or trying to turn in front of you at the last second. Be ready to react to the unexpected.

Obey road crew flaggers. A flag person has the same authority as a regulatory sign. A driver can be cited for disobeying a flag person’s directions.

Key to remember: With road construction season ramping up, drivers need to fine tune their work zone safety skills and remember to use extra caution when traveling through work zones.

DOGE and OMB review

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

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

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

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

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

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

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

The basics of logging exemptions

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

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

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

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

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

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

30-minute break exemption

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

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

Common myths

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

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

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

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

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

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

Managing the use

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

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

Verifying compliance is important

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

‘State and local laws’

A violation of 392.2 is a violation of a local or state law, regulation, or ordinance. These must be obeyed due to 392.2, which reads, “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”

The confusion is that there are no paragraphs in 392.2, so there technically should be no letters following that section. However, to inform the driver, carrier, and the Federal Motor Carrier Safety Administration (FMCSA) what particular state or local law or regulation was involved, FMCSA has developed a system of suffix codes. The letters following “392.2” – the “suffix” — show which state or local law or regulation was involved.

When one of these codes is used, the officer should include a description of the specific violation in the “violation details” area on the actual inspection report. FYI: Summary roadside inspection reports (such as the ones visible in CSA’s SMS) do not show these details.

Not all 392.2 violations are used in CSA

Not all of these state and local law or regulation violations are used by the FMCSA for scoring purposes. The Compliance, Safety, Accountability (CSA) Safety Measurement System (SMS) does not use the 392.2 violations that cannot be tied to crash causation. Here are a couple of examples: 392.2UCR Failure to pay UCR fee and 392.2W Size and weight are not used.

Most common 392.2 violations

Below are the top 10392.2violations written during 2021. All of these violations are safety-related, and therefore used in the CSA SMS for scoring. The BASIC within the SMS the violation is scored in is shown following the violation description.

1. 392.2SLLS2 Speeding 6-10 miles per hour over the speed limit (Unsafe Driving)
2. 392.2C Failure to obey traffic control device (Unsafe Driving)
3. 392.2LV Lane Restriction violation (Unsafe Driving)
4. 392.2SLLS3 Speeding 11-14 miles per hour over the speed limit (Unsafe Driving)
5. 392.2WC Wheel (Mud) flaps missing or defective (Vehicle Maintenance)
6. 392.2SLLS4 Speeding 15 or more miles per hour over the speed limit (Unsafe Driving)
7. 392.2ML Failure to maintain lane (Unsafe Driving)
8. 392.2SLLSWZ Speeding work/construction zone (Unsafe Driving)
9. 392.2PK Unlawfully parking and/or leaving vehicle in the roadway (Unsafe Driving)
10. 392.2FC Following too close (Unsafe Driving)

Key to remember

In general, FMCSA does not write traffic codes. They rely on local and state agencies to do that. When state or local traffic codes are violated, it appears on a roadside inspection report as a violation of 392.2, with a suffix indicating which traffic code was involved.

An audit can diagnose compliance issues

The same is true with HR audits. When weighing the pros and cons of an audit, keep in mind that a successful audit can help identify and correct regulatory noncompliance problems, which can help reduce your company’s liability.

An audit can also serve as an educational tool, as it can increase employee awareness about HR processes and procedures.

In addition, an audit is an opportunity to demonstrate your company’s commitment to employees’ well-being and overall success. Transparent and compliant HR practices create a positive work culture, enhancing employee trust and morale.

Finally, an audit might identify ways to improve the efficiency and cost-effectiveness of HR technology systems.

Show you’re making a good faith effort

As a bonus, regular audits may be viewed favorably by regulatory agencies and in legal proceedings.

A thorough HR audit with proper follow-up action steps can show that your company is making a good-faith effort to comply with applicable regulatory requirements and has good overall policies and practices.

You probably wouldn’t make the dietary changes necessary to lower your blood sugar unless your physician ran tests, discovered your glucose levels were high, and suggested ways to bring the number down.

Likewise, you probably wouldn’t be aware of some problems in your day-to-day HR operations without an audit. And who knows? Maybe you’ll discover you and your department are perfectly healthy.

Benefits before leave began remain intact

Employees must keep any company benefits they had before FMLA leave began (e.g., paid vacation, sick time, etc.). They may use accrued paid leave with unpaid FMLA leave, but they still have some income.

If employees are on unpaid FMLA leave, employers may have a policy that employees are not eligible to accumulate sick leave while on unpaid FMLA leave, as long as all employees on an unpaid leave status do not accrue sick pay either. In other words, employees on similar leaves must be treated the same way.

Policies are key to enforcing the rules

Employer policies govern whether employees on FMLA leave continue to accrue more leave. Often, policies allow employees on paid leave to continue accruing more paid leave, while employees who are on unpaid leave don’t.

Whether the leave is paid or unpaid, employers must treat employees on FMLA leave the same way they treat employees on non-FMLA leave. Otherwise, they would be considered to be discriminating against employees on FMLA leave, thus violating the FMLA.

Here’s a quick breakdown:

• If employees on non-FMLA unpaid leave would accrue more unpaid leave, employers must allow employees on unpaid FMLA leave to accrue more unpaid leave.
• If employees on non-FMLA paid leave are entitled to accrue more paid leave, when employees use paid leave (e.g., sick, vacation, PTO) for otherwise unpaid FMLA leave, employers must allow employees to accrue more paid leave during the FMLA leave.

Specifically, the regulations state: “An employee's entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is to be determined by the employer's established policy for providing such benefits when the employee is on other forms of leave (paid or unpaid, as appropriate).” Reference: 29 CFR 825.209(h)

Key to remember: Whether employees accrue paid time off during FMLA leave (paid or unpaid) is up to employer policies, but employers must treat employees on FMLA leave the same as employees on non-FMLA leave.

The downsizing download

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

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

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

Other ways to support remaining employees

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

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

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

4 steps to employee communication

• Prepare: Before employees go on leave, employers can talk about what employees should expect in the way of communication. This isn’t always possible, however. The need for leave can come up suddenly, making it tough to plan ahead. Having a policy can help, but when things go sideways, employees might not be thinking about workplace rules.
• Try different methods: Employers should try contacting employees using various forms of communication, such as calls, texts, emails, regular mail, and even registered mail. If employers have a reason to believe an employee could be dealing with a medical issue or emergency, they might reach out to the employee’s emergency contact. Employers should document all communication attempts.
  Employers should be patient. Remember that the “H” in HR stands for “human.” Life throws curveballs, and having someone in their workplace corner can help employees return to work and help employers avoid the risk of a claim.
• Review the “no-call, no-show” policy: If all communication attempts are unsuccessful, it may be time to review the no-call, no-show, and/or attendance policies. These often indicate when employers might consider an employee’s absence as a voluntary resignation. Employers might need to make exceptions to the policy in the event they find out an employee is dealing with a medical issue protected under the FMLA, or other law.
• Potential termination: If employers learn that there’s no reason justifying an employee’s ghosting activities after taking the appropriate, well-documented steps, they may begin moving toward termination.

Employers must consider all the facts involved in each situation. The devil is in the details.

Once employers identify an effective communication method with an employee, they should keep the line of communication open. Good communication can improve overall employee relations. In turn, this can help improve a company’s image, strengthen hiring and retention goals, and help create a work environment that no one wants to ghost.

Key to remember: If employees on FMLA leave ghost employers, employers may take some steps to help establish communication.

Investigation results

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

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

Importance of machine guarding

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

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

Importance of controlling potentially hazardous energy

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

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

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

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

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

1. Use approved containers and cabinets:

OSHA (29 CFR 1910.106) and NFPA require that flammable liquids are stored in:

• Approved safety cans having a spring-closing lid and spout cover and so designed that it will safely relieve internal pressure when subjected to fire exposure.

• Flammable storage cabinets: When storing more than 25 gallons of flammable liquids, they must be kept in cabinets that meet the NFPA construction and materials standard. These cabinets must be constructed of metal or wood, labeled with “Flammable,” and have self-closing doors in certain states.

2. Keep storage quantities within limits:

Regulations limit how much flammable liquid can be stored:

• Up to 25 gallons of flammable liquids outside a cabinet.

• Up to 60 gallons of Class I, II, and III liquids in a cabinet.

• No more than 120 gallons of Class III liquids per cabinet.

• No more than three cabinets per fire area, unless separated by 100 feet.

• Excess amounts of flammable liquids must remain in an inside storage room (see 1910.106(d)(4) on design and construction of indoor storage rooms).

3. Maintain proper ventilation:

Flammable vapors create fire hazards, so proper ventilation is crucial:

• OSHA requires workplaces to keep vapor concentrations below 25% of the lower explosive limit (LEL).

• In certain situations, monitoring systems might be required to detect excessive vapor concentrations and trigger alarms if recirculation is used.

• NFPA recommends mechanical or natural ventilation to prevent vapor build-up, especially in enclosed areas.

4. Separate and segregate flammable liquids properly:

Mixing incompatible chemicals can lead to dangerous reactions. Employers should:

• Store oxidizers, acids, and other reactive chemicals separately from flammable liquids.

• Maintain a minimum separation of 20 feet between flammable and combustible liquids or use a fire-rated partition.

5. Control ignition sources:

Flammable liquids must be stored away from anything that can ignite them:

• Keep storage areas at least 25 feet from open flames, sparks, or heat sources.

• Use explosion-proof electrical fixtures in flammable storage areas.

6. Implement spill control and emergency planning:

Even with proper storage, spills can happen. Employers should:

• Use spill containment systems like spill pallets or dikes.

• Maintain spill kits with absorbents and PPE nearby.

• Train employees on emergency response procedures in case of a spill or fire.

7. Conduct regular inspections and employee training:

Compliance is an ongoing effort. Employers should:

• Inspect flammable liquid storage areas regularly for leaks, damage, or code violations.

• Provide OSHA-mandated Hazard Communication training on handling and storing flammable liquids.

• Ensure all employees know how to read Safety Data Sheets (SDS) and use proper PPE.

• Perform process hazard analyses.

Proper storage of flammable liquids is not just about regulations; it is about preventing workplace disasters. By following safe practices, employers can reduce fire risks, protect employees, and avoid costly fines. Taking the proper precautions today ensures a safer and more productive work environment.

Key to remember: Following storage regulations, inspecting equipment, and safe work practices helps prevent fires from flammable liquids.

The last line of defense

Ideally, employers will protect workers through engineering controls, like air conditioning, ventilation, or misting fans. Additionally, they may implement administrative controls like adjusting work shifts to cooler parts of the day or increasing the duration of rest breaks in cooled areas.

There are times, however, when these protections are not enough, are impractical, or are too expensive. When engineering and administrative controls aren’t sufficient to protect workers, the last line of defense — PPE — is needed.

Types of cooling solutions

Keeping workers safe amidst rising temperatures can be a challenge and has resulted in the introduction of a variety of cooling solutions. Personal cooling garments (PCGs) and other technological devices are becoming more common in the workplace to help employees maintain a healthy core body temperature.

Whether passive (non-powered) or active (powered), PCGs are designed to help with the heat exchange between a worker’s body and the environment.

PCGs work in different ways to reduce the heat placed on workers. Garments may be:

• Conductive — utilizes power to force ambient or cooled air through the garment to assist with the heat exchange between the worker’s skin and the environment.
• Convective — deploys the circulation of cooled fluids or other pre-cooled materials (e.g., gel packs) to prevent increase of the worker’s core body temperature.
• Evaporative — uses water-soaked materials or garments to assist with the evaporation of sweat from the body.
• Radiative — incorporates reflective or light-colored materials or fabrics to reduce heat absorption by the worker’s body.

Selecting the right cooling method

There is no “one size fits all” protection for those subjected to workplace heat. Employers considering the use of PCGs for heat stress management should evaluate several factors to ensure selected cooling methods are best for their operations and workforce. Consideration should be given to:

• Age and health of workers;
• Workload and activity type (mild, heavy, extreme);
• Environmental conditions (humidity, radiant heat, etc.);
• PPE and protective clothing already required; and
• Duration and frequency of heat exposure.

Key to remember: As temperatures soar, employers should consider new and varied cooling solutions to help workers beat that heat.

OSHA’s announcement on helmets vs. hard hats

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

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

The two main benefits of Type II safety helmets

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

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

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

Understanding the different types of head protection

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

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

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

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

Choosing the right head protection for your employees

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

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

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

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

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

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

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

What do the regulations require?

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

As an employer, you must ensure that:

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

Get a leg up on training

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

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

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

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

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

Other ladder safety precautions include:

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

All eyes on safety: Ladder inspections

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

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

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

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