Expert Insights: Permits, plates, and paperwork

What’s changing and why it matters

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

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

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

Key areas of impact

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

Steps to take now

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

Looking ahead

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

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

Video

Video is one of the more popular methods used to deliver training on a subject. As well as being cost effective and easy for the trainer to use, studies show that videos help students retain information presented.

When selecting a video for your training session, consideration should be given to:

• The type(s) of vehicle(s) your drivers operate,
• Your drivers’ level of experience, and
• The situations your drivers deal with on a regular basis.

The video should be well-produced, current, and retain the interest of your drivers.

Handouts

The use of handouts is one of the most cost effective, but often misused tools used by trainers. A handout should be able to be used by a driver as a quick and easy reference tool once the driver has left the training session. Effective handouts must be:

• Relevant and address the topic;
• Readable, brief, and to the point; and
• Used with discretion.

The number of handouts distributed should be kept to a minimum. Too many can clutter or confuse a presentation.

Demonstration

Demonstration can help a driver relate to a situation they may face on the job or a skill they may need to use at a later date.

When demonstrating a skill, encourage driver participation.

Guest speaker

A guest speaker can bring an authoritative atmosphere to your training session.

Credibility is important when using a guest speaker to enhance your training session. The speaker must have an expert understanding of the topic being presented.

Examples of guest speakers include a law enforcement officer to present information on roadside inspections or a firefighter to present a lesson on fire prevention.

Veteran drivers

Veteran drivers are considered credible by other drivers, as they speak from experience. A veteran driver who conducts training sessions should:

• Be well versed on the subject they will present,
• Be well-rehearsed, and
• Have a strong interest in the subject matter being presented.

Key to remember: Training isn’t a “one size fits all” proposition – not all students learn in the same way. Use of varied delivery methods will help you conduct meaningful and memorable training for all students.

Avoid negligent hiring

An injured party can use the concept of “negligent hiring” against you. Negligent hiring is based on the premise that you knew or should have known that the background of the person you hired indicated the person was dangerous or untrustworthy.

About half the states believe an employer is responsible for checking both backgrounds and references of job applicants. Red flags you should look for include:

• Misinformation on the job application,
• A failed drug test, if applicable, and
• Questionable finances.

To avoid negligent hiring, make sure you:

Perform an investigation on anyone you plan to hire. Call previous employers to verify employment.

• Contact all references.
• Check credit.
• Perform drug tests.
• Validate applicants’ credentials (confirm degrees, certifications).

Monitor existing employee behavior

Once an individual is hired, another legal concept comes into play: negligent entrustment. In this case, the claimant asserts that you gave someone a “dangerous instrumentality” which resulted in injury to another party. You can also be party to a negligent retention lawsuit — no matter how long someone has worked for you.

The basis of these types of suits is that the employer continued to employ someone they knew or should have known had the potential to be dangerous or unqualified for their job. To protect yourself from these types of lawsuits:

• Pay attention to patterns of behavior.
• Conduct random drug tests.
• Take seriously concerns of other colleagues about an employee’s behavior.
• Notice changes in “normal behavior.”
• Take appropriate, escalating, and documented disciplinary actions.

While it may be a bit more difficult to pinpoint problematic dispatcher and technician behavior — since they are not subject to the same inspections as drivers — there are some things you can look at.

Tell-tale signs of underperforming technicians

A common metric for your individual technicians is their maintenance and repair “come-backs.” Technicians with a higher percentage of come-backs than others may need a closer look.

Are the come-backs:

• Related to one particular type of work? In that case, you should provide additional training for the technician to improve their skill level.
• More varied in nature? It might be time for more extensive training or even letting the technician go.

In addition, technicians are supposed to inspect and repair anything noted on a driver’s daily vehicle inspection report. If drivers are complaining that issues are not being resolved, you need to investigate what is happening. Remind technicians of their responsibility to take drivers’ complaints seriously, and institute disciplinary actions for any technicians who continue to ignore this important safety practice.

Dispatcher-driver relationship

Dispatchers can also affect driver safety — especially as it relates to hours-of-service (HOS) compliance. The electronic logging device (ELD) mandate has specific provisions addressing driver harassment. It clearly defines harassment as: “Action by a motor carrier toward a driver (whether an employee or a contractor) that the carrier knew or should have known would result in an HOS violation.”

Make sure your dispatchers are not coercing or harassing drivers into violating HOS rules to make a delivery window. This requires taking driver harassment complaints seriously. Then you must follow through with disciplinary action against any dispatcher who you find harassing drivers to violate HOS rules.

Key to remember: Failing to monitor your technicians and dispatchers with an eye for safety could make you liable, and the final price of such negligence may be found on the inside of a courtroom.

Limited access phase

Beginning in December 2025, Motus will open with limited access for supporting companies. These organizations will be able to create user and business profiles, ensuring their systems are prepared to meet industry needs once the platform expands. This early phase is critical for testing functionality and building readiness before carriers join.

Motor carriers don’t need to re-register immediately. Existing USDOT registrations remain valid until the system fully transitions in 2026.

At that time, all carriers will be required to:

• Create Motus accounts,
• Verify their identity, and
• Update business information to maintain compliance.

FMCSA anticipates registration requirements will begin in mid to late 2026.

Listening to stakeholders

In response to industry feedback, FMCSA confirmed that Motus won’t initially introduce safety registration, eliminate docket numbers (MC/FF/MX), or alter BOC-3 filing processes. These proposals remain under consideration and will be subject to public comment.

FMCSA emphasized that stakeholder engagement will remain central throughout the Motus rollout. The agency plans to host informational webinars, industry roundtables, and training sessions to ensure registrants understand the new system and can provide feedback on its usability.

Motus is a step toward a safer, more efficient future for the transportation industry. By consolidating forms, improving verification, and reducing fraud, FMCSA is ensuring that carriers and support companies can navigate compliance with confidence.

The basics of logging exemptions

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

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

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

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

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

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

30-minute break exemption

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

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

Common myths

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

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

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

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

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

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

Managing the use

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

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

Verifying compliance is important

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

What do your drivers need?

The equipment requirements can vary slightly based on the type of vehicle, what it is hauling, and where it is operating. As a result, it can be confusing to find and understand minimum requirements. As a best practice, making sure the following emergency equipment is in your vehicles is a great start:

• Three bi-directional emergency reflective triangles;,
• Six flares capable of burning for 30 minutes or three liquid-burning flares that contain enough fuel to burn continuously for at least 60 minutes,
• A fire extinguisher,
• A first aid kit,
• A spare tire and jack,
• A flashlight and batteries, and
• Jumper cables.

Carriers that haul certain types of dangerous goods in Canada must also carry fire extinguishers in accordance with the Transportation of Dangerous Goods Regulations, so be sure to check these regulations for specific details.

It is highly recommended that you check with the jurisdiction where you operate your commercial motor vehicle for the specific requirements and regulations that apply to you.

When to take the necessary action

Whenever any commercial motor vehicle or trailer is disabled, stalled, broken down, or in a collision, the driver should quickly and calmly take the necessary actions to safeguard the vehicle and other motorists.

Having the vehicle equipped with the above-listed items will ensure that the driver can respond to the emergency efficiently and effectively. This is especially important on busy or high-speed roads. Ensure you also teach your drivers how to use the equipment. For example, if the truck breaks down – ensure they know where to put the emergency triangles, they know how to use the fire extinguisher properly and they have instructions on how to use jumper cables correctly.

It is recommended to use emergency warning devices for all emergencies, whether they occur during the day or night, or on-road or off the road, to ensure everyone’s safety.

What about south of the border?

Those of you that operate in the United States must meet U.S. regulations for emergency equipment in your vehicles. The minimum requirements can be found in section 393.95 of the Federal Motor Carrier Safety Regulations, which requires:

• A fire extinguisher (there are different types for whether the vehicle is carrying dangerous goods or not),
• Spare fuses, and
• Warning devices to use when stopped on a highway.

Other considerations

Ensure your commercial vehicles carry additional emergency equipment to protect the driver, other workers, and any passengers. For example, extra food and water should be carried along with weather-appropriate clothing to protect the driver in the event the vehicle breaks down and the driver is stranded until help can arrive. And, as always, make sure drivers have tire chains easily accessible. If they get hit by a sudden snowstorm, then they will be prepared. In fact, carrying tire chains is a requirement in some jurisdictions.

Dealing with on-road emergencies is no fun for drivers. Don’t make it more difficult for them in an already stressful situation. Be sure to properly equip your trucks with emergency-related safety equipment and ensure drivers know how to use the equipment.

If you don’t have the proper emergency equipment in your truck, it can result in a fine or penalty. Commercial motor vehicles and their drivers must meet strict safety standards and follow all commercial vehicle-related regulations. Police and transportation enforcement officers regularly inspect vehicles, and the penalties for not having the proper safety equipment can be severe.

Key to remember: Before your drivers get in your trucks and hit the road, make sure you’ve equipped them with all the essential emergency safety gear. Safety is the first priority, especially on the road.

Prohibiting methadone raises issues

Methadone is an opioid and can be abused, but it can also be used as a treatment for opioid addiction. A drug policy that fails to take those differences into account, and always treats methadone use the same way, opens the door to a disability discrimination claim.

The issue with the company’s policy was brought to light when a job applicant applied for a laborer position and the hiring manager asked him about medications he was taking. The applicant said he was taking methadone, and the hiring manager said the company would not hire him due to its policy prohibiting employment of people who took the drug.

The applicant then checked with the company’s head of HR who confirmed that this was the company’s policy.

No methadone = disability discrimination

The EEOC charged the company with violating federal law because a policy of barring applicants who used methadone violates the Americans with Disabilities Act (ADA).

Employers covered by the ADA cannot impose unlawful barriers to a job for people with disabilities, the agency noted, and this includes workers with records of opioid addiction who are taking methadone or other medication as part of their recovery.

In addition, the timing of the employer’s question about methadone use was problematic. The applicant was at the stage of applying for a job and had not yet been offered a position.

Before a job offer is made, the ADA does not allow employers to ask job applicants for information that may reveal the existence, nature, or severity of a disability. This includes questions about medication.

Even after a job offer is extended, a question like this must be carefully considered. Employers cannot have a job qualification standard that tends to screen out workers with disabilities (such as requiring applicants not to use methadone) unless it is job-related for the position and is also consistent with business necessity.

Treating methadone use the right way

When applicants ask about a job, questions about medications such as methadone should not be part of the conversation. The ADA prohibits employers from asking about prescription medications until after an offer of employment is made. While it’s fine to ask about medications or give a drug test after offering an applicant a job, it’s also risky at that stage to have a policy of turning an applicant away because of methadone use or a positive drug test for methadone.

Instead, the employer should give the applicant an opportunity to provide information about lawful medication use. An employer never needs to accommodate the illegal use of drugs, but an employee taking a lawfully prescribed medication should not be automatically disqualified from a job.

If there are concerns that the employee’s legal opioid use or treatment for opioid addiction would interfere with safe and effective job performance, an employer should consider whether there is a reasonable accommodation that resolves the concerns. The employee can check with their healthcare provider for risks the medication poses in light of job duties, and the employee and employer can discuss possible accommodations.

Moving too quickly to dismiss an employee using prescription medication, and skipping this step, risks a discrimination claim.

Key to remember: An employee legally using prescribed medication, including methadone, has ADA protections. Employers should not automatically disqualify an applicant because of methadone use.

Counting the days

To determine how much FMLA leave an employee uses when holidays are involved, employers must look at whether employees are taking the leave in full weeks or not. If an employee is taking leave for one or more full weeks, the fact that a holiday occurs within the week of FMLA leave has no effect; the employer counts the whole week as FMLA leave.

When an employee is using FMLA leave in increments of less than one week, such as intermittent leave or working a reduced schedule, the employer doesn’t count the holiday as FMLA leave unless the employee was scheduled to work during the holiday, but didn’t because of an FMLA-qualifying reason.

If, for example, Jo Employee will be on FMLA leave for the last three weeks of December, and Jo’s employer gives employees time off on Christmas Day as a holiday, the employer would count the week of Christmas as a whole week of FMLA leave for Jo.

If, on the other hand, Jo took FMLA leave the Monday and Tuesday before Christmas Day, worked Wednesday, wasn’t scheduled to work Thursday because of the holiday, then worked Friday of that week, the employer would count only Monday and Tuesday as FMLA leave. If Jo also needed Friday off that week for an FMLA-qualifying reason and was scheduled to work on that day, the employer would also count Friday as FMLA leave.

Holiday pay

When it comes to holiday pay and FMLA leave, employers must apply their company policies. The FMLA doesn’t govern holiday pay. An employee’s entitlement to benefits other than group health care plan coverage is determined by the employer’s established policy for providing pay when the employee is on other forms of leave, paid or unpaid, as appropriate.

Employers might, for example, have a policy that requires employees to be at work the day before and after a holiday to receive holiday pay. The policy could have exceptions, such as when an employee is on paid time off on either of those days. In those situations, if an employee is using paid time off (like sick pay) while on FMLA leave for either of those days, they would be entitled to receive the holiday pay.

If a policy indicates that employees on unpaid leave the day before and/or after a holiday aren’t eligible to receive holiday pay, and an employee is on unpaid FMLA leave for either or both of those days, the employee wouldn’t be eligible to receive the holiday pay, per the policy.

Key to remember: Whether employers can count time off around a holiday as FMLA leave, or whether an employee will be entitled to holiday pay, will depend upon some specific facts, such as whether employees take leave in full weeks and what company policies indicate.

A restart

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

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

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

DOT drug testing

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

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

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

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

Stay the course for now

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

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

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

What prompted this “crackdown”?

Beginning in 2022, truck driving schools are required to register with the Federal Motor Carrier Safety Administration (FMCSA) to offer CDL training. The schools are required to meet minimum training standards and self-certify that they will meet these standards when they register on the TPR to provide this training. All CDL trainees must complete training at a school registered on the TPR before they can take a skills test to obtain a CDL. Like a motor carrier audit, CDL schools are audited to confirm compliance, and an alarming number of providers on the registry were recently found to have serious violations.

Why are providers being removed?

The most common reason for removal is some form of documentation deficiency. If training is not documented, there is no evidence it was actually completed. The Entry Level Driver Training (ELDT) requirements include documenting and retaining documentation of all training. Other reasons for removal are:

• Falsifying records — Inaccurate information or back dated paperwork • Incomplete ELDT curriculum coverage — Failing to train to the federal standards due to state CDL testing requirements. Known as training to the test.
• Unqualified instructors — Using instructors without the proper experience or failing to collect evidence of that experience.
• Inadequate facilities — Classrooms, ranges, or training vehicles do not meet the minimum standards.

I received an audit notice, now what?

Pay attention to the details of the notice. Often it outlines the specific items the auditor will be inspecting. Gather this information and be sure it will be easily accessible on the day of the audit. Being prepared is a sign of competency. Prioritizing the arrival of the auditor can go a long way. You will need to provide:

• Any licensing or certifications required by the state or states you operate in. Not-for-hire schools, such as motor carriers who only train employees, are sometimes exempt from these requirements. In this case, you will need to show the state regulation that exempts your organization.
• A written lesson plan. This outlines the method of delivering your training. Demonstrate how you will provide theory training, the setting in which you will provide behind-the-wheel training, the vehicle types you will use, and the scoring requirements to gauge proficiency. • Documentation related to vehicles. Be prepared to show current registration, annual inspection, and proof of insurance for all units used in the training. If any of this information does not apply to the use of a particular vehicle, note that it is only used in specific training. As an example, an unregistered trailer could potentially be used to learn to inspect a vehicle, but would not be used on a public road.
• Documentation related to trainer qualifications. Trainer qualification files are similar to driver qualification files. They must include a current CDL, medical qualification, proper endorsements, and drug and alcohol testing. In addition, trainer files need to have verification of the trainer’s experience.
• Documentation of driver-training assessment. Records are required for all training. This should include scores and a timestamp. Documentation demonstrates progressive learning and total training time for each trainee.
• A list of all training applicants that training was provided for, a copy of each Commercial Learner Permit (CLP), and a self-certification for each applicant that they will comply with all federal and state regulations, including substance testing.

Key to remember: Complete, accurate training files that are readily accessible are paramount to success in an audit.

Limited exemption

First, many states run their own OSHA programs (state-plan states). Since the FMSCA jurisdiction agreement is with federal OSHA, states are not subject to the agreement could enforce chocking requirements in all cases, even for CMVs.

Second, OSHA expects employers to require chocking on CMVs if the employer’s workers (such as forklift drivers) will enter the trailer. Basically, OSHA stated that the FMCSA regulations (and jurisdiction issues) apply only to motor carrier employers that fall under FMCSA authority, not to other employers. To illustrate, if a CMV backs into the dock at a grocery store, and the store workers will unload the trailer, then OSHA has jurisdiction over the store workers.

OSHA addressed these issues in a letter of interpretation dated March 7, 2011, outlining the history of the agency’s agreement with the FMCSA. The letter clarifies that the FMSCA parking brake regulations “do not apply to companies which do not own, operate, or lease CMVs” and therefore OSHA can enforce chocking requirements against those employers.

If a manufacturing or retail employer is not subject to FMCSA regulations, but that employer has forklift operators unloading trailers, OSHA expects that employer to “take precautions to protect their workers ... from the movement of trailers.” Further, the letter clarifies that forklift operators “must be trained” not to enter a trailer “unless the trailer is properly secured or restricted from movement prior to boarding.”

For similar information, see our article, Five forklift facts that are not in the OSHA regulations.

Who’s responsible?

The above letter also asked who is responsible for confirming that no employees are injured when the truck driver attempts to move the trailer. OSHA responded that the employer must “ensure that forklift operators are not in the trailer or hostler when the driver attempts to remove the trailer from the loading dock.” Employers may adopt whatever procedures are necessary to ensure this.

The bottom line is that OSHA won’t enforce wheel chocking requirements on CMVs that are operated by a company under FMSCA jurisdiction. Other employers (like warehouses and manufacturing facilities) not under FMCSA jurisdiction must still take steps to protect workers from unexpected trailer movement — and OSHA will enforce those provisions.

Key to Remember: Although FMSCA regulations allow motor carriers to rely on parking brakes to secure trailers during loading and unloading operations, OSHA requires employers who are not motor carriers to secure trailers with chocks or similar means.

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.

Employers can:

• Train workers on poisonous plants that may be present where they work, and what to do if exposed. Contact state and regional resources for information on local poisonous plants.
• Provide suitable PPE such as gloves, eye protection, or respirators (if needed). Clean PPE per manufacturer instructions.
• Instruct workers to clean tools and equipment after use. Toxic oils and residues left on the equipment can affect others that touch and share the equipment.
• Provide soap and water to clean hands and skin.
• Educate workers to not handle, touch, or eat unknown plants, including fruits and nuts.

Workers can:

• Recognize poisonous plants where they work based on training.
• Wear long pants, boots, long sleeve shirts, gloves, and eye protection.
• Wash exposed clothing separately in hot water with detergent.
• Clean used tools with rubbing alcohol or soap and water. Wear disposable gloves during this process.
• Avoid touching their eyes or wiping plant fluids and sap on their clothing.
• Notify coworkers and supervisors if they have been exposed to hazardous plants.
• After exposure, immediately rinse the skin with rubbing alcohol, poison plant wash, or degreasing soap (such as dishwashing soap) or detergent, and lots of water.
• See a doctor if the rash is severe, is located on the face or genitals, or has spread to other parts of the body or if there are signs of an inhalation exposure (difficulty breathing, swelling of throat and face, or a choking feeling). Call 9-1-1 if they experience a severe allergic reaction.

Key to remember: To protect themselves from poisonous plants, workers must recognize which plants are dangerous, understand how exposure occurs, and know how to address an exposure.

Employer responsibilities and worker exposure

OSHA emphasizes that, even without a specific “cold stress” standard, employers are obligated under the General Duty Clause (Section 5(a)(1)) to provide a workplace free from recognized hazards and must comply with PPE requirements in 29 CFR 1910.132. Workers commonly exposed to cold stress include:

• Food processing and warehouse personnel working in refrigerated or freezer environments;
• Dock and warehouse staff loading freight in unheated bays;
• Construction crews installing roofing, framing, or scaffolding;
• Utility workers repairing lines and equipment outdoors;
• Snow-removal teams operating plows and shoveling; and
• Emergency responders operating in severe, unpredictable conditions.

This list is not all inclusive; however, these jobs often involve long exposure to low temperatures, wind, wetness and physical exertion that test fine-motor tasks as dexterity drops in the cold.

Applying the hierarchy of controls to prevent cold stress

When the temperature drops, quick action matters. The hierarchy of controls gives employers a step-by-step plan to reduce cold stress risks before they turn into emergencies. Below are practical steps and examples for each level of the hierarchy from most protective to least:

Elimination/substitution - Remove or replace the hazard entirely.

• Reschedule non-essential outdoor work for milder days.
• Move tasks indoors when feasible (e.g., plan maintenance for warmer seasons).

Engineering controls - Modify the work environment to reduce exposure.

• Provide heated shelters or warming stations near work areas.
• Install windbreaks or temporary enclosures to reduce wind chill.
• Use enclosed or semi-enclosed equipment to minimize manual exposure during tasks like de-icing.

Administrative controls - Change how work is performed to limit risk.

• Implement work/rest cycles and enforce warming breaks.
• Train workers to recognize symptoms (shivering, confusion, numbness) and monitor each other.
• Rotate staff, limit time outdoors on extreme days, schedule fine motor tasks for the warmest part of the day, and
• Monitor forecasts/NOAA alerts for wind chill thresholds.

PPE - Provide gear when other controls can’t fully eliminate risk.

• Supply PPE at no cost per 29 CFR 1910.132;
• Layer clothing: moisture-wicking base, insulating mid-layer, windproof/waterproof outer shell;
• Choose insulated, dexterous gloves that preserve grip and function;
• Protect the head, face, and neck with balaclavas or thermal liners;
• Equip workers with waterproof, insulated boots and moisture-wicking socks;
• Use high-visibility outerwear per ANSI/ISEA 107 for low-light winter conditions; and
• Ensure PPE fits, stays dry, and is replaced when wet or worn; damp gear accelerates heat loss and increases cold stress risk.

Wind chill and why it matters

Wind chill is the temperature your body “feels” when wind speed and air temperature are combined. Wind strips away the thin layer of warm air next to the skin, accelerating convective heat loss. As wind speed rises, exposed skin cools faster, dramatically increasing frostbite and hypothermia risk.

OSHA and the National Oceanic and Atmospheric Organization (NOAA) use Wind Chill Advisories and Warnings to signal when conditions are hazardous or life-threatening. As an example, at 20 °F with a 20-mph wind, the wind chill is ~4 °F, meaning cold stress sets in much faster than the air temperature alone would suggest.

Key to remember: By integrating wind chill awareness with the hierarchy of controls, supervisors can drastically reduce cold-related injuries by keeping crews safe and productive throughout the winter season.