Expert Insights: Stick out your tongue and say ‘audit’

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.

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.

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.

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.

Risks of poor qualification processes

Hiring and retaining drivers takes careful work. Carriers that don't check a driver's background or keep their qualifications current, might face:

• Degraded safety scores due to unsafe driving that occurs while at your company,
• Audit fines for mistakes, or
• Unqualified drivers operating vehicles due to events like a lapse in medical certification or a prohibited status in the Drug and Alcohol Clearinghouse.

Common causes of compliance issues

A recent survey of J.J. Keller compliance advisors who review carriers’ driver qualification (DQ) files, cited top three errors to be:

1. Application: Failing to question employment gaps which could have been while at a carrier from which they were terminated due to reckless behavior, such as abandoning equipment.
2. Motor vehicle records (MVRs): Overlooking licensing issues, such as downgrades, suspensions, or the wrong class for the vehicle they would operate after hire.
3. Safety performance history records requests (SPHRRs): Being unsure of when SPHRRs are required, or missing information on the forms.

Carrier investigation responsibilities

After reviewing each driver application for complete information and their certifying signature, should investigate the following items:

MVRs: MVRs from agencies that issued the driver a license in the prior three years must be scrutinized by an expert for violations, suspensions, a commercial driver's license (CDL) driver’s medical certification status, endorsements, restrictions, and more.

SPHRRs: Investigate the driver’s employment regulated by the Department of Transportation (DOT) in the prior three years. The hiring employer must:

1. Notify applicants: Inform applicants of their rebuttal rights to review and challenge information provided by previous employers.
2. Obtain required information: Request from each DOT-regulated employer during the preceding three years:
   • Dates of employment, and
   • DOT accident information required by 390.15, if applicable to the driver.

3. Maintain records: Record each employer contact, including the name and address, date of contact, and the information received. File the SPHRRs or show good-faith efforts to obtain them within 30 days after the hire date.

4. Secure the information: Maintain the file of SPHRRs in a secure location with controlled access to people involved in hiring drivers and retain for three years after employment.

Drug and alcohol information (CDL-vehicle drivers only):

• Clearinghouse drug and alcohol violations while at Federal Motor Carrier Safety Administration (FMCSA)-regulated employers before the driver operates a CDL vehicle or engages in other safety-sensitive functions. (Contact FMCSA-regulated employers only if the driver has not completed the return-to-duty process or follow-up testing after a violation.)
• DOT drug and alcohol violation, return-to-duty, or follow-up testing information via a request to employers regulated by a DOT agency other than FMCSA.

Key to remember: Proper investigations can significantly reduce the risk of negligent hiring lawsuits and ensure carriers have qualified and safe drivers.

What is a lagging indicator?

A lagging indicator uses information or data following a safety event. In other words, it’s a study of the company’s failures and often called a reactive approach to safety.

Lagging indicators used by a typical motor carrier include:

• Number of injuries and fatalities,
• Lost work time,
• Number and severity of commercial motor vehicle crashes,
• Number of workplace safety or DOT citations,
• Number of near misses, and
• Workers’ Compensation claims.

If you use injury and illness statistics for workplace safety data, they do serve an important function. But be aware that there are some pitfalls to relying solely on these statistics. Consider the following drawbacks:

• Under-reporting may not give you the complete picture.
• An injury may not reflect whether the risk is under control.
• Injury rates don’t always tell the whole story. The same risk might result in minor injury for one worker and a more serious injury for another.
• A low injury or illness rate might lead one to believe that no major safety risks are present and create a spirit of complacency.
• Injury rates identify outcomes, not causes.

What makes an indicator leading?

While lagging indicators look to past behaviors, a leading indicator method focuses on fostering future safety behaviors. It’s often called the proactive approach.

The proactive approach:

• Tracks improvements,
• Measures successes,
• Asks for feedback within the company,
• Encourages problem-solving skills,
• Communicates goals on improvement, and
• Looks at the impact of these changes.

Managers look at leading indicators with a goal of steadily improving safety. Leading indicators that show whether a motor carrier has improved safety might include:

• Results of scheduled self-audits and inspections,
• The number of employees trained versus the goal,
• The number of safety improvements initiated and completed versus the company’s objectives,
• Results of a risk or hazard assessment, and
• The results of a documented job hazard analyses.

See the full spectrum

To see if a safety program is working properly, a company’s metrics should include both leading and lagging indicators. Both indicators are necessary to measure success.

Suppose you met your goal of 100 percent of your drivers taking a refresher course on hours of service. You still need to examine your roadside inspection reports and in-house log-auditing to see if it had an impact on performance.

If the leading indicator of the training goal shows success, but the other leading indicator (log-auditing) and the lagging indicator (roadside inspection violations) don’t, the company should find the root cause and try again. Maybe the information presented during the training was not clear and the drivers left confused. You may need to revisit the topic with the drivers and, again, measure its success through both types of indicators.

It comes down to is a series of checks and balances and never relying solely on one metric or category of measure.

Key to remember: Avoid fumbling in the dark when it comes to your safety metrics. Both lagging and leading indicators help shed light on where your program is succeeding and where it needs improvement.

1. Using the wrong logging method (49 CFR 395.8(a)(1))

One of the most frequent recordkeeping mistakes is using the incorrect type of log. Keep this in mind: drivers must always use a compliant electronic logging device (ELD) to record their time unless they’re eligible for a specific exemption. If any of your drivers are claiming an ELD exemption, be absolutely certain that the exemption actually applies and that the driver is continually meeting the terms of the exemption.

This violation also occurs when drivers switch from an ELD to paper logs without proper authorization, such as when they mistakenly think there’s an ELD malfunction. It may also occur when a driver uses a less-detailed time record when a standard log is needed.

Drivers who are required to use logs may only use paper logs on up to 8 days out of any 30 consecutive days. Beyond that, an ELD is required.

2. Failing to track maintenance due dates (49 CFR 396.3(b)(2))

Neglecting to track maintenance due dates — and not actually performing the scheduled maintenance — can have serious consequences. Motor carriers must have a systematic vehicle inspection and maintenance program that includes records indicating “the nature and due date of the various inspection and maintenance operations to be performed.”

If you don’t have a maintenance schedule for any vehicle you’ve controlled for 30 consecutive days or more, create one now. Start with the manufacturer’s recommended schedules and modify them to meet your needs and operating conditions. Then, be sure the scheduled maintenance is being performed and recorded.

3. Failing to keep vehicle identification details (49 CFR 396.3(b)(1))

Another common mistake is failing to keep detailed maintenance records that identify each vehicle that the company controlled for 30 consecutive days or more. This includes all such vehicles operated in the past 12 months. Make sure your vehicle records include:

• The make;
• The model year;
• The company-assigned vehicle number (if the vehicle is marked with one);
• The vehicle identification number (VIN);
• The tire size(s); and
• The name of the person who furnished the vehicle, if your company is not the owner.

All maintenance records you maintain for a vehicle should include details (such as the VIN) that tie the record to that specific vehicle.

4. Failing to keep initial MVR (49 CFR 391.51(b)(2))

Motor vehicle records (MVRs) are essential for monitoring driver qualifications and safety. Your drivers’ qualification files probably contain several MVRs from the past few years, but do they contain the original MVR you got at the time of hire? Failing to keep that initial MVR is a common mistake.

Even though you get an annual MVR and need to keep a rotating supply of them (each one must be kept for three years), auditors still expect to see the original MVR from the time of hire. Having that MVR shows that you did your due diligence when first hiring the driver.

What if you’re missing the original MVR? It’s probably too late to fix the mistake, but you should add a note to the file indicating that you’re aware of the violation and have made appropriate changes to ensure it doesn’t happen again.

5. Having an incomplete or no DOT employment application (49 CFR 391.21(a))

The employment application for a commercial motor vehicle driver must contain the questions specified in the FMCSRs, and the driver must complete all required fields. This means you can’t just use a generic employment application. It also means that if an existing employee becomes a driver, that employee will need to complete an FMCSA-compliant application before driving.

Review the list in section 391.21 of the FMCSRs and make sure your applications are compliant and completed fully by anyone who drives.

What if something is missing?

It’s a good idea to perform a self-audit of your records so you find violations before an auditor does. If you find something missing, consider these steps:

• Acknowledge the mistake. Add a note to the file or document indicating that you found the violation on “x” date, so the FMCSA knows you’re making an ongoing effort to verify compliance.
• Fix it if you can. If it makes sense, try to correct the mistake by creating the missing record now, using today’s date. This might mean getting an MVR, checking with a former employer, or having a driver fill out an application. However, never back-date a document to make it look like you were compliant.
• Change your process. Why did the mistake happen? Get to the root cause and then make changes to prevent the violation from happening again. This might mean remedial training or strengthening your policies or procedures, or even converting to an electronic recordkeeping system that does automated auditing.
• Document what you did. Record details about what you did to fix the mistake and ensure the violation won’t happen again, and then add that documentation to the record or file so it’s visible to an auditor.

Key to remember: Take steps to ensure you don’t make some of the most common FMCSR recordkeeping mistakes.

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.

Can they problem solve?

• You’ve been given a new work assignment with little guidance; what steps would you take to complete the work?
• You found a mistake that would cost the company a lot of money if it’s not corrected. What would you do to address the issue?
• You’re on a team that’s responsible for a new product, but it’s not hitting the expected goals. How would you approach the problem?

How innovative are they?

• If you’ve been tasked with improving a process, where would you start and what steps would you follow?
• A new idea you’ve implemented is causing disruption for another department. How would you resolve the issue?
• There is new technology that you think would help the company. What steps would you take to present your findings to leadership?

Can they strategize?

• You’re giving a presentation, and a customer asks you a question that you don’t know the answer to. What would you do?
• You’ve got a new idea for the company, what approach would you take to figure out if it’s worth pursuing?

Are they resilient?

• You’re about to do an online product demonstration for a customer, but the software isn’t working. What would you do?
• You have a new idea for a project, but your boss isn’t on board, how would you handle that?
• You made a mistake in a report and your boss points it out. How would you respond?

How well do they work with others?

• You’ve been put on a team to plan a client visit, but the group is struggling to make decisions. How would you collaborate with everyone?
• You’re in charge of a new process, but a coworker doesn’t want to change. How would you handle it?

Key to remember: Focusing on job candidate skills with these interview questions can help discover a great new hire.

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.

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.

1. Smart sensors and collision avoidance systems:

One of the most significant forklift safety advancements is using smart sensors and avoidance systems. Modern forklifts equipped with sensors, cameras, and radars can now detect structures, pedestrians, and other lifts in real-time. Like today’s vehicles, advanced systems include automatic braking, which stops the forklift before a collision occurs.

2. Telematics and real-time monitoring:

Telematics systems have revolutionized forklift compliance by providing real-time data on vehicle usage, operator behaviors, and maintenance needs. These systems can track key metrics like speed, inspection data, impact events, and seatbelt use. Telematics can also identify unsafe driving habits, allowing employers to deliver targeted training programs to improve operator behaviors.

Additionally, telematics helps employers by better preparing them to investigate forklift incidents when no witnesses or camera footage exists. It does this by providing information like where on the lift the impact occurred. The system can also lock the lift down in the spot where the incident occurred, notify supervisors, and provide the speed at which the operator was going.

3. Virtual reality (VR) simulators:

Simulators have transformed how employers can deliver training by allowing forklift operators to practice in a risk-free environment. Simulators can recreate real-world scenarios such as navigating tight spaces, managing different loads, and learning the exact controls of the lift they will operate. Additionally, e-learning platforms provide interactive training modules that ensure operators stay updated on regulations and best practices.

4. Load stability and weight sensors:

Modern forklifts with advanced weight sensors and stability control systems help prevent unsafe lifting practices. These systems provide real-time feedback to operators, alerting them if a load exceeds the forklift’s weight capacity or is improperly balanced. Modern lifts even have load leveling technology that adjusts the forks to ensure a stable and secure lift.

5. Digital checklist and compliance automation:

Technology has streamlined forklift inspections and regulatory compliance through digital checklists and automated reporting. Mobile apps and onboarding systems allow operators to complete pre-shift inspections accurately and retain the record without hanging on to paper copies. Compliance automation can also send alerts to inform the employer when an operator’s license is expiring, or when issues arise during a pre-shift inspection. This technology can even enable employers to distribute operator-assigned key cards, allowing operators to access only lifts on which they have received training and certification.

As technology continues to evolve, forklift safety will only improve. Companies that invest in these advancements put themselves in a position to reduce downtime, lower insurance costs, and improve overall productivity. So, embrace innovation; it is a step toward a safer and more productive workplace.

Key to remember: Technology can help operators prevent collisions, improve operator skills, simplify record-keeping, and keep businesses compliant.

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.

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.

Detecting the presence of negative peer pressure

Peer pressure can impact workplace safety in both positive and negative ways, but the negative effects can have serious consequences if not addressed. To prevent this, it's essential to recognize the signs of negative peer pressure in your organization including:

• Ignoring company safety policies: Peer pressure can lead employees to disregard safety rules, such as not wearing protective gear or taking shortcuts. The desire to fit in or avoid being seen as weak can override common sense.
• Encouraging risky behavior: Coworkers may encourage or even mock employees for being overly cautious. This can lead to increased risk-taking behaviors, such as operating machinery without proper training or exceeding speed limits.
• Underreporting injuries: Employees may be reluctant to report injuries due to fear of being seen as weak or incompetent. This can prevent necessary medical attention and create a culture of silence around safety concerns.
• Covering up mistakes: To avoid blame or disciplinary action, employees may conceal the circumstances surrounding an accident. This can hinder investigations and prevent effective safety measures from being implemented.
• Contributing to groupthink: Peer pressure can contribute to groupthink, where individuals conform to the opinions or actions of the majority without critically evaluating the safety implications. This can prevent the identification of potential hazards or alternative safe practices.
• Creating stress and anxiety: Constant pressure to conform can create stress and anxiety. Employees may worry about fitting in, meeting expectations, or facing backlash if they prioritize safety over social norms.

Beating back the negative effects of peer pressure

To counter the negative effects of peer pressure, workplaces must cultivate a strong safety culture. Encouraging positive peer pressure is key, and this can be achieved through initiatives such as:

• Strong leadership: Leaders must set a clear example by consistently following safety protocols and emphasizing the importance of a safe work environment.
• Open communication: Creating an open and supportive atmosphere where employees feel comfortable reporting safety concerns or near-miss incidents is crucial.
• Employee empowerment: Empowering employees to take ownership of their safety by providing safety training and encouraging participation in safety committees and other initiatives.
• Peer recognition: Recognizing and rewarding employees for safe, positive behaviors can help shift the focus from negative attitudes towards safety.
• Known consequences: Implementing clear, objective consequences for safety violations can deter risky behavior and reinforce the importance of safety.
• Focused prevention: Focus workers on preventative initiatives for safety, not past results.

Key to remember: Peer pressure can play a significant role in workplace incidents, but by building a strong safety culture and directly addressing its influence, organizations can greatly reduce injury risks and create a safer environment for everyone. Safety is a shared responsibility, not a competition.

Key to remember

The confined space standard includes alternate entry procedures under 1910.146(c)(5) that allow for entry without a permit under certain conditions. These procedures allow an employer to avoid the need for a permit system, rescue services, and certain other requirements.