Expert Insights: Where compliance meets safety — a lesson from the floor

What’s a WCPP?

When specific uses of chemical substances (i.e., conditions of use) in an occupational setting may pose unreasonable risks of injury to employees or the environment, Section 6 of TSCA requires EPA to develop regulations that reduce or mitigate those risks. The agency implements WCPPs to address the risks.

A WCPP requires covered entities to take certain actions in the workplace that shield individuals who engage with the conditions of use from inhalation and/or dermal risk.

Who’s subject to a WCPP?

The requirements of a WCPP may apply to entities that manufacture (including import), process, distribute in commerce, use, or dispose of a TSCA-regulated chemical substance.

The WCPP program extends beyond those who directly handle a regulated chemical substance to anyone in the workplace who’s exposed or who could be exposed to it (e.g., employees, independent contractors, volunteers, etc.).

What are the components of a WCPP?

A WCPP generally consists of multiple elements:

• Exposure limits, such as Existing Chemical Exposure Limits (ECELs), set the amount or concentration of a chemical substance that can be in the air.
• ECEL action levels establish airborne concentration limits that, if exceeded, activate additional requirements (like more frequent monitoring).
• Exposure monitoring measures and compares air concentration levels to the exposure limits.
• Regulated areas establish where airborne concentrations of the chemical substance are above or have a reasonable possibility to go above exposure limits. Facilities limit access to these areas to control exposure.
• An Exposure Control Plan documents the selection and implementation of controls used to reduce exposure. It's developed according to the hierarchy of controls, which mandates that the most protective actions used to reduce hazardous exposures be considered first. The general order is elimination, substitution, engineering controls, administrative controls, and then personal protective equipment (PPE) use.
• Dermal and inhalation control measures may consist of direct dermal contact control measures (like removing the chemical substance at the source before a worker encounters it) and PPE use (such as requiring workers to wear chemical-resistant gloves or use respirators when handling the chemical substance).
• Training applies to workers who are or could be exposed to the chemical substance and typically covers multiple elements of the WCPP (work processes, proper PPE use, and exposure controls, for example).
• Recordkeeping demonstrates compliance with the WCPP. Facilities usually have to maintain records of monitoring results, Exposure Control Plans, regulated areas and those authorized to use them, training, and PPE programs.
• Downstream notifications alert others in the supply chain of WCPP requirements. Manufacturers, processors, and distributors generally provide the required information on a chemical substance’s Safety Data Sheet.

Know the chemical-specific requirements

If your facility is subject to a WCPP, it’s essential to know the regulations that apply to the specific chemical substance. The chemical’s rule will define the conditions of use to which the WCPP applies and may contain different or additional requirements. Also, state or local regulations may have stricter rules that dictate how (and if) your facility can use the chemical substance.

Key to remember: Facilities that use TSCA-regulated chemical substances may have to comply with EPA’s workplace chemical protection program to protect workers and other exposed individuals from unreasonable health risks.

Who will be affected?

The stricter PM_2.5 rule will impact many industries, particularly those that emit a lot of fine particle pollution. Some of the most affected sectors include:

• Manufacturing & Heavy Industry – Factories making steel, cement, or chemicals may need stronger pollution controls.
• Power Generation – Coal and gas power plants may have tighter limits, requiring better filtration systems.
• Transportation & Logistics – Ports, rail yards, and trucking centers could have new rules reducing diesel pollution.
• Construction & Mining – Dust and particles from digging, moving materials, and using equipment may need stricter control.
• Agriculture – Large farms, especially those handling animals or grain, may need better dust control.
• Oil & Gas – Refineries and drilling sites may face tougher rules on pollution from burning fuel.

These industries may see higher costs, stricter permits, and changes to operations to meet the new standards.

Tougher pollution limits

Businesses in nonattainment areas must follow stricter PM_2.5 rules. This may mean updating operations or investing in better pollution control technology. The goal is to reduce fine particle emissions that harm air quality and health.

New permit rules

Businesses expanding or changing operations that increase PM_2.5 pollution may need new permits. These permits show compliance with tighter pollution limits.

State rules may change

States with nonattainment areas must update their air quality plans. This could mean new industry rules, such as lowering emissions, increasing monitoring, or changing reporting requirements.

Increased monitoring & reporting

Expect closer tracking of your business’s pollution levels, including real-time monitoring and more frequent reports. Compliance checks may be stricter in nonattainment areas.

Offsetting pollution

If a business increases PM_2.5 pollution, it may need to offset that by reducing pollution somewhere else in the same area. This ensures the total pollution level does not rise.

Costs & economic effects

Businesses in nonattainment areas may see higher costs due to stricter rules. Local governments might offer rewards or fines to encourage pollution reductions. Companies may need to find cost-effective ways to lower their PM_2.5 levels while staying efficient.

How to prepare

• Review your business’s pollution levels and find ways to lower them.
• Stay updated on new local and federal rules.
• Work with state agencies to understand new compliance expectations.
• Invest in cleaner technology to stay ahead of regulations.

Key to Remember: By having a plan for the possibility of nonattainment now, your business can adjust to the new PM_2.5 rules while helping improve air quality and public health.

The EPA definition: “RCRA empty” explained

Under the Resource Conservation and Recovery Act (RCRA), a container that once held hazardous waste is only legally “empty” if it meets particular criteria outlined in 40 CFR 261.7. The first standard that must be satisfied is that all material has been removed from the container using normal means such as pouring, pumping, or aspirating. Secondly, no more than 2.5 centimeters or 1 inch of residue remains on the container's bottom or inner lining. Additionally, if the container holds less than 110 gallons, it is empty if no more than 3 percent of the total weight or volume exists. Of course, sometimes special circumstances require further evaluation. For example, a gas cylinder is not empty until the pressure has reduced to atmospheric levels, and acute hazardous waste containers must be triple rinsed with an appropriate solvent or cleaned by another approved method. If these conditions are not met, the container is still legally considered to contain hazardous waste, even if it feels empty.

The OSHA definition: “Empty” under the Hazard Communication Standard

While EPA focuses on environmental disposal and waste management, OSHA’s concern with empty containers centers on worker safety, particularly the potential for exposure to hazardous residues or vapors. Under OSHA’s Hazard Communication Standard (29 CFR 1910.1200), a container that previously held hazardous chemicals must retain its original hazard label until it is adequately cleaned or until the employer removes the label following proper decontamination procedures. For example, a drum labeled “Flammable” must keep this label even if it appears empty, as residual material or vapors may still pose a significant ignition or fire risk. Removing such labels prematurely could lead to workplace hazards and violations of OSHA regulations.

How to stay compliant

Employers must first clearly determine which rules apply to them: whether the container held hazardous materials governed by EPA regulations, hazardous chemicals subject to OSHA requirements, or both. Emptying procedures should be followed, including properly draining the container, performing triple-rinsing when required, and thoroughly documenting all decontamination activities. Original hazard labels must be maintained on containers until they are thoroughly cleaned or reconditioned, as removing labels prematurely violates OSHA’s Hazard Communication Standard. Additionally, employers should provide employees with training on the proper handling, labeling, and disposal of containers and ensure they fully understand what constitutes an empty container under federal standards. Finally, a detailed record of all rinsing, draining, and cleaning processes should be maintained to demonstrate compliance during EPA or state inspections.

Keys to remember: Employers should educate their teams, enforce proper cleaning procedures, and maintain compliance records to ensure they are staying compliant with “empty” container standards.

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!

How it works today

If a driver or motor carrier files an RDR, it gets forwarded to the agency that generated the record, such as the State Patrol in the case of a crash or roadside inspection. The agency then reviews the RDR, does an investigation, and makes a decision to either change the data or reject the request.

If the RDR is rejected, the requester can submit an appeal, but the state agency may require new information before reviewing the matter or may let the same people who rejected the initial RDR also review the appeal, creating a conflict of interest.

Once the appeal is decided, the state agency and FMCSA consider the case closed.

Proposed changes

The FMCSA says it wants to “improve the impartiality, timeliness, transparency, and fundamental fairness of the RDR process.” Though in 2023 it had proposed injecting itself into the appeals process, the agency now wants the states to handle it. Among other changes being proposed:

• Good-faith reviews: States must conduct a good-faith review of RDRs that are submitted within three years from the date of an inspection or five years from the date of a crash, and must have established points of contact for RDRs.
• State plans: States must submit a “DataQs Implementation Plan” detailing how they will process RDRs and how they will address any existing or future backlog of RDRs. The plan would have to be made public and be reviewed and updated annually.
• Appeals: Requesters will be allowed two appeals. When a state receives an initial RDR, a first-level appeal (known as a “reconsideration review”), or a request for a “final review,” the state will be expected to open the request within seven days of submission and then respond within 21 days, or 30 days for a final review. If the state requests more information, the requester will be given 14 days to provide it, and the clock will stop while the requester gathers additional information. Requesters are expected to have a valid reason for any appeal.
• Rejections: When a state closes an RDR or appeal without correcting any data, the issuing officer/inspector cannot be the sole decisionmaker and the state must explain the facts and analysis supporting the decision.
• Expertise: Appeals must go before a person or panel with “appropriate subject matter expertise” and cannot be reviewed or decided by the issuing officer/inspector nor their direct supervisor. A “final review” must be done by someone outside the chain of command for the issuing officer/inspector, and a panel may be used to provide recommendations to that person.

The state’s decision would be considered final by the FMCSA after the state’s final review is complete.

States that fail to live up to their DataQs obligations would be at risk of losing highway funds.

Five questions

The FMCSA is asking for input on five key questions related to their proposal:

1. What are the potential benefits and challenges of the proposed changes?
2. What challenges will states face in adhering to the timelines for each stage of the RDR process? How should delays be handled?
3. How should states be held accountable for compliance?
4. If a requester doesn’t respond with additional or proper information when requested, how should the RDR be handled?
5. To what extent should FMCSA define the criteria for a “valid reason” for an appeal?

Comments may be submitted online until September 2, 2025, at www.regulations.gov under docket number FMCSA-2023-0190.

Key to remember: The FMCSA is proposing improvements to the DataQs system, and now’s your chance to weigh in.

Background

As of June 23, all SDLAs were expected to be connected to the National Registry of Certified Medical Examiners (NRCME). This system is where examiners enter medical certification information after each exam.

Each state was also expected to switch to the new process once their system was ready to receive CDL driver medical certification information, which would then appear on the MVR and mean that CDL holders would not need physical proof of certification.

A copy of a CDL driver’s MVR was expected to be in the driver’s qualification file after each exam. FMCSA still requires a copy of a non-CDL driver’s medical card to be in the driver qualification file.

This meant that:

• CDL drivers wouldn’t need to self-certify their medical cards with the SDLA because it would be done through the NRCME to SDLA connection, and
• Carriers wouldn’t need to note that the examiner was on the NRCME on the date of the exam.

As of July, 38 states and the District of Columbia have implemented the Medical Examiner’s Certification Integration (NRII) while 12 states are still relying on the paper certificate.

The waiver’s terms and conditions

The waiver does not apply to:

• A driver who doesn’t have a copy of their current, valid medical examiner’s certificate that was issued by a certified examiner 15 days prior; or
• A motor carrier that doesn’t have a copy of its driver’s current, valid medical examiner’s certificate that was issued 15 days prior.

Additionally, the FMCSA reserves the right to revoke the waiver if safety conditions are negatively impacted in terms of the goals and objectives of the original order.

Can a motor carrier retest anytime they want?

Only specific scenarios identified in 49 CFR Part 40 require or permit recollections. They include negative dilute and invalid laboratory results.

A motor carrier can’t perform a second collection to nullify a prior test result. If the medical review officer (MRO) reported a drug test violation, there was an official result. A new drug test will not erase the violation.

Negative dilute scenarios

One of the more common reasons for recollection is a negative dilute result for a urine specimen.

The negative dilute will fall into one of two scenarios:

1. The creatinine concentration of the specimen is greater than or equal to 2mg/dL but less than or equal to 5mg/dL. The MRO will instruct the designated employer representative (DER) to send the driver for an immediate recollection with minimum possible advance notice. The test is performed under direct observation.
2. The creatinine level of the specimen is greater than 5 mg/dL. The MRO will report the result as negative dilute with no instructions. The DER takes one of two actions:
   1. Requests a retest under company policy. This test is also immediate with minimum possible advance notice, but it can’t be under direct observation. The company’s policy must indicate which test types are subject to the retest (e.g., random, post-accident, pre-employment).
   2. Accepts the result as negative because the company policy doesn’t dictate a new collection.

Drivers must know the policy when testing under #2-a prior to the original collection, and the policy must be enforced consistently by the motor carrier.

The second test result becomes the test of record. If the second sample is reported as negative dilute, the result is considered negative at this point. The DER can’t request yet another test.

However, another test could be required as the result of a recollection under #2-a (employer test) if the lab finds the creatinine level greater than or equal to 2mg/dL but less than or equal to 5mg/dL. The MRO will direct the DER to request a third urine specimen (this time under direct observation). This test becomes the test of record, and the process doesn’t go further even if it comes back negative dilute.

Invalid test result

An invalid drug test result occurs when the laboratory finds a substance is interfering with the immunoassay test on the specimen.

After the MRO is notified of the results, the MRO contacts the driver as part of the verification process. The MRO is looking for a medical explanation and/or valid prescription that might be the cause. If the driver is unable to provide a valid explanation, the MRO:

• Cancels the original test,
• Communicates the invalid result to the DER, and
• Directs the DER to immediately send the driver for second collection under direct observation.

The motor carrier must ensure that the driver has minimum possible advance notice when told to go to the collection site. The second test result becomes the test of record.

What if the driver won’t go for the recollection?

It doesn’t matter whether it’s an MRO-mandated retest or employer-based retest for a negative dilute, failing to go for testing after notification is a refusal to test. The DER reports these events to the CDL Drug and Alcohol Clearinghouse as violations.

It’s important to note that recollections apply to pre-employment drug tests too. If you look at 40.191(a)(6), declining to take another test has no protection for those taking pre-employment drug tests.

That said, the prospective employer must notify the driver applicant and arrange a convenient time. This might prove difficult if the driver is working another job. The DER must take into consideration any extenuating circumstances that delay testing, rather than automatically deeming it a refusal to test. DERs always have discretion.

If the driver-applicant refuses to go for the second test altogether (e.g., no longer interested in the job), that’s a much different story than having scheduling conflicts. It’s a refusal to test.

When testing under the carrier’s authority as the result of a negative dilute, it’s important to carefully communicate which test types are covered in the policy. It’s especially important for pre-employment testing, so applicants know expectations.

Key to remember: Retesting helps rule out drug use, and the DOT requires another trip the clinic for a second specimen under specific scenarios.

What is 392.2C?

Section 392.2C is enforcement’s code for “failure to obey traffic control device.” The C stands for control.

The citation appears in the severity table for the Unsafe Driving BASIC (Behavior Analysis and Safety Improvement Category). The violation has been assigned a value of 5 out 10, with 10 being the most severe. The violation is used when calculating both the carrier’s and driver’s Unsafe Driving BASIC scores.

In most instances, the traffic control device is not a signal light or stop or yield sign. Rather, it is the sign that instructs the driver to pull into a weigh station.

Who must pull into a weigh station?

The vehicles that must stop at scales and inspection locations vary from state to state and even from location to location within a state. The “weigh scale ahead” or similar sign should be the driver’s guide.

If the sign reads:

• All vehicles over 16,000 pounds, the driver can safely bypass the scale if under the weight threshold.
• All commercial motor vehicles, the driver should pull in. It is far better to be waived or green lighted through than to be chased down.

Often those who operate commercial vehicles not requiring a commercial driver’s license, such as a large pickup truck or small box truck, mistakenly believe weigh scale inspections are just for larger rigs.

What happens when a driver ignores signage?

If a driver goes past a weigh station without pulling in as directed by a traffic control device, enforcement will pursue and pull over the driver. The officer will then escort the driver back to the weigh station for a roadside inspection.

Even if the driver was honestly confused whether the sign applied to the vehicle, it is too late. And more than likely enforcement’s interest has been piqued. It is highly unlikely the driver will be waived through at this point, and 392.2C will be entered on the roadside inspection report.

Handling violations

CSA’s enforcement model suggests finding the root cause of roadside inspection violations to prevent future occurrences and ultimately improve BASIC scores.

A violation of 392.2C may have one of several root causes, such as:

• Confusion over applicability
• Inattentiveness (missing the sign)
• Running late
• Risky behavior (taking the chance that no one will pursue)
• Concern over other violations discovered once stopped

Whatever the reason, it must be addressed with the driver. Corrective actions range from refresher training to termination. If the driver was trying to avoid enforcement for other reasons (drugs, alcohol, over HOS limits), these other violations need to be addressed accordingly.

Key to remember: Failing to obey a traffic control device will be used in calculation of the CSA Unsafe Driving BASIC scores. Motor carriers should address the root cause of the violation so it does not recur.

The intent of the standard

OSHA’s powered industrial truck (PIT) standard (29 CFR 1910.178) is intended to ensure the safe use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The standard outlines requirements for operational permits and certification.

And, though not specified in the standard itself, PIT operators must be at least 18 years old per federal child labor regulations.

License and certification Q&A

The OSHA PIT standard clearly defines requirements for training and certification. However, some licensing and certification information isn’t as clear. Here are some clarifications:

Q: Who can train, evaluate, and certify PIT operators?

A: OSHA requires in 1910.178(l)(2)(iii) that, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.” The OSHA standard doesn’t further define this requirement or set any specific or additional certifications.

Q: Does OSHA require PIT operators to have a valid driver's license?

A: Federal OSHA has no requirement that a forklift operator has a valid motor vehicle driver's license. Some states are more stringent, so check your local and state requirements to confirm.

Q: Does OSHA have regulations that impact an employee’s ability to operate PITs if they’ve received a DUI or suspended license?

A: Because OSHA doesn't require a valid motor vehicle driver's license, the status of that license doesn’t impact PIT operator permitting. Individual states or the employer may have policies that dictate otherwise.

Q: Are PIT drivers required to have their license on them when they are working?

A: Federal OSHA doesn’t require PIT operators to have a license or permit. However, some states such as Michigan do require this. Typically, in states that require a permit or license, the license must be “readily available.” Companies have the option to require the permit or license be carried with the operator.

Q: Are operators required to be trained on each manufacture of PIT model?

A: A June 15, 1999, OSHA letter of interpretation (LOI) clarifies that operators are to be trained and evaluated in the safe operation for the type of truck they’ll be assigned. Operators wouldn’t need additional training for same truck types but would need additional training when truck- or workplace-related training topics are different.

Q: Do PIT operators need to be recertified if they move from one state to another with the same company?

A: In an LOI dated October 1, 1999, OSHA states, "As long as the employer has a reasonable basis to believe that the third-party trainer is qualified and has a program that meets the requirements of the standard, it can rely on that trainer to conduct the training and evaluation of employees and can certify that these employees have been trained. However, the employer may need to provide additional training on site-specific or truck-specific matters." This shouldn’t require retraining for the same type of forklift as already certified; however, workplace conditions or other factors of the new work location may require training for forklift operation in the other state(s).

Operator Impairments

In addition to being properly trained and evaluated, OSHA expects employers to ensure physical capabilities. OSHA references the American National Standards Institute (ANSI) Standard B56.1-1969. Section 6 clarifies that, “Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."

Employers should consider OSHA PIT regulations and the General Duty Clause, ANSI standards, and the Americans with Disabilities Act (ADA) requirements when evaluating physical qualifications. In short, if a worker demonstrates the visual, auditory, and mental ability to safely operate PITs, he or she is permitted to operate them.

Keys to Remember

OSHA requires employers ensure the safe use of forklifts and other powered industrial vehicles. Employers must ensure operators have the knowledge, skills, and physical ability to safely operate PITs.

Encourage employees to walk this way

While there is nothing wrong with a simple stroll, there are ways to make a walk even more beneficial. Here are six walking tips to share with employees:

1. Pick up the pace. Walking at a faster pace brings additional health benefits. To get these benefits, walk at a brisk pace that’s a little faster than a comfortable walk. Some studies point to benefits from walking 3 miles per hour or faster.
2. Count steps but don’t get discouraged. Aiming for 10,000 steps a day is common, and that’s a great goal when it encourages you to move more. If that’s just too much, don’t worry. There are also health benefits from lower step counts. A JAMA study followed people 40 years of age and above for 10 years, and found that those who took 8,000 steps a day had a 51 percent lower rate of death than those who took 4,000 daily steps or fewer.
3. Use a weighted vest. Adding weight can add intensity to a walking workout. To make sure you get one that’s right for your fitness level, check with a health professional or fitness trainer before using one.
4. Walk in nature. Walking in a forest or near a river can make you feel better. Studies have found that walking in nature can decrease depression and anxiety, as well as anger and fatigue. Walking on a treadmill or at the mall is still great exercise, but there are additional benefits from being outdoors.
5. Be mindful. Being aware of the world around you and how your body feels as you’re moving may help lower stress levels and improve your mood. You can practice walking meditation to combine the benefits of walking and mindfulness.
6. Walk with a friend. Turning a walk into a social activity combats loneliness and can also help you exercise your brain. As you talk, you’re boosting thinking and memory skills. In addition, being accountable to a friend helps you stay on schedule with your exercise routine and can motivate you to keep going.

Walking the talk

To encourage employees to use the walking tips and gain the health benefits of exercise, make your workplace activity-friendly. Here are some ideas:

• Create a walking path employees can use at lunchtime or during a break.

• Reward employees who get more steps into their day by parking in the last rows of the parking lot.
• Organize daily, weekly, or monthly lunchtime walks. Managers can participate to show their support.

Key to remember: Walking is a healthy activity and adding a few enhancements can make it even more beneficial.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

Location, location, location

Question: I work for a motor carrier that has three terminals. One of our terminals is listed on the ELDT Training Provider Registry (TPR). The other two terminals are not listed on the TPR, but we do conduct ELDT behind-the-wheel instruction at these locations. One of my supervisors has stated that he doesn’t think this is allowed. Is this true?

Answer: Your supervisor is correct. Each location where ELDT occurs must be registered on the TPR.

Behind-the-wheel changes?

Question: I heard that the Federal Motor Carrier Safety Administration (FMCSA) has made changes to the ELDT behind-the-wheel requirements and now requires a student to have a set number of range and road hours. Is this true?

Answer: No, this is not true. The ELDT behind-the-wheel requirements have not changed. There isn’t a set number of instructional hours required for behind-the-wheel instruction (range or road).

The determination of proficiency is based on the instructor’s professional judgment with the student being able to successfully perform each required maneuver multiple times.

Do note that states are allowed to have additional requirements that go above and beyond the ELDT requirements. Check with your state for any additional requirements.

Documentation

Question: As an ELDT provider, are there any documentation requirements we must follow?

Answer: All training providers on the TPR must retain the following records (380.725):

• Self-certifications by all accepted applicants for behind-the-wheel training, attesting that they will comply with the regulations in Parts 40, 382, 383, and 391, as well as state and/or local laws related to alcohol and controlled substances testing, age, medical certification, licensing, and driver records;
• A copy of the driver-trainee’s commercial learner’s permit (CLP) or commercial driver's license (CDL);
• Instructor qualification documentation indicating driving and/or training experience, as applicable, for each instructor, and copies of CDLs and applicable endorsements held by behind-the-wheel instructors or theory instructors;
• The lesson plans for theory and behind-the-wheel (range and public road) training curricula; and
• Records of individual entry-level driver training assessments.

Training providers listed on the TPR must keep training-related records for at least three years from the date each required record is generated or received. If a record, such as a behind-the-wheel instructor’s CDL, has expired or has been canceled, the most recent, valid CDL should be kept. The records should be kept longer if required by state or local law.

Hazmat instructor requirements

Question: Does an ELDT hazmat endorsement instructor need to possess CDL with a hazmat endorsement.

Answer: Yes. All theory and behind-the-wheel instructors (including hazmat theory instructors) must have appropriate class of CDL including appropriate endorsement(s). They must also have a minimum of two years of experience:

• Driving a CMV requiring the CDL (including appropriate endorsement(s)), or
• As a behind-the-wheel CMV instructor.

Refresher training

Question: Is refresher or follow-up ELDT required?

Answer: No, the ELDT rule does not require refresher or follow-up instruction. ELDT is a one-time requirement.

Key to remember: Though the ELDT requirements are over three years old, issues and questions remain.

#1 Start here

First, OSHA requires that all operators must be trained prior to being allowed to operate forklifts. And the same thing goes for pallet trucks, order pickers, and stand-up units…. Any powered type of material handling equipment requires training.

But what does training entail? Well, the OSHA regulations are very specific. All operators must receive a combination of training. Training must consist of formal training, which is a lecture, discussion, interactive computer learning, video tape, written material, and so on.

They must also receive practical training, which means demonstrations performed by the trainer and practical exercises performed by the trainee.

And the third component is that operators must receive a performance evaluation. So, they must operate the equipment and be observed and evaluated before being considered trained per the OSHA standard.

Usually, you’ll introduce the concepts during the classroom portion of training, the more informational aspects, such as the OSHA requirements. Then you’ll use the practical part of training to familiarize trainees with controls, talk about load handling, and so on. With the practical part, it’s usually best to ramp up the training, meaning start with simple skills and then build on those.

#2 Train on these topics

Aside from requirements for how to do the training, OSHA gives us a detailed list of topics to cover during the training.

The main categories are truck-related and workplace-related topics. And remember that OSHA does require you to include information on OSHA’s forklift standard as part of the training program. This requirement can be easy to overlook, but a good way to approach it is in the classroom portion of the program.

Keep in mind that if a topic doesn’t apply to your trucks or workplace, you don’t have to train on it. For example, if you don’t have any ramps or hazardous (classified) locations in your facility, your forklift operators don’t need training on these topics.

Truck-related topics include the following:

• Operation instruction, warnings
• Differences between forklift and automobile
• Controls, instrumentation
• Engine, motor operation
• Steering
• Visibility, restrictions
• Fork, attachment operation
• Capacity
• Stability
• Inspection, maintenance
• Refueling, recharging
• Operating limitations
• Operator’s manual instructions, precautions

Workplace-related topics are examples like these:

• Surfaces
• Load composition
• Load handling
• Pedestrians
• Narrow, restricted areas
• Hazardous (classified) locations
• Ramps
• Poor ventilation
• Other hazards

#3 Determine success

The trainees must successfully complete the formal and practical instruction, but how you determine success is up to you. For the classroom portion, you could give a written or oral test or otherwise evaluate the trainees’ knowledge. For the practical training, the trainee must be able to safely perform all the operations used on the job.

#4 End here

An evaluation of the operator’s performance in the workplace must be conducted at the time of initial training. And an evaluation is required to determine the effectiveness of any refresher training.

Also, you must conduct an evaluation at least every three years. This means that at least once every three years every operator must be observed while they operate in the workplace under actual workplace conditions. During the evaluation, the operator must also be able to answer pertinent questions to demonstrate they have the knowledge to operate the forklift safely.

A key point to note here, this evaluation must be more than just a written or verbal test. The employer must observe the operator in action performing all typical tasks related to running the forklift. And, going back to where we started, the evaluation must be conducted by someone who has the knowledge, training, and experience to evaluate the truck operator’s competence.

Document the evaluation — this means placing a record in your training file that includes the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.

Action item

This may be a good time for you to review your options for training forklift operators to ensure they’re meeting these guidelines. And, it’s always a great idea to have all your training procedures in written format for consistency.

Key to remember

Training forklift operators is an OSHA requirement. Follow this step-by-step guide and you can do it in-house.

What's the big deal?

To answer this question, let's look at a few recent examples of incidents involving devices containing lithium-ion batteries.

In June, a fire in New York led to injuries to one resident, four paramedics, and nine firefighters. The cause of the fire remains under investigation, but preliminary analysis suggests it was connected to five lithium-ion batteries, two of which were being charged at the residence.

In October 2023, a fire occurred at an electric vehicle battery manufacturer in Georgia . The incident led to several workers experiencing potentially permanent respiratory issues due to exposure to toxic fumes, including hydrofluoric acid vapors released during the lithium-ion battery fire. OSHA cited the company for five serious violations, proposing penalties exceeding $77,000.

What are lithium-ion batteries?

Lithium-ion batteries are everywhere—powering our phones, laptops, toothbrushes, power tools, and more. Some may say they're a technological marvel due to light weight, rechargeability, and ability to pack a lot of power into a small package.

In layman’s terms, they work like most other batteries. Lithium ions move back and forth between two components called the anode and cathode. This movement allows the battery to charge and discharge, powering all kinds of devices.

But while they're efficient and compact, lithium-ion batteries can also be prone to damage. Overcharging, poor maintenance, physical damage, or improper disposal can lead to serious concerns. Reinforcing the reasons for diligence when using these amazing devices.

What are the dangers?

Lithium-ion batteries are highly efficient and widely used for their reliability. When handled correctly, they are safe and effective. However, it's important for users to understand that improper use or damage can lead to serious risks of injury, including:

• Thermal runaway – a chain reaction where the battery overheats and can catch fire or explode; often caused by overcharging, damage, or high temperatures.
• Fire or explosion – happens when the battery is overheated, punctured, or short-circuited.
• Short circuits – can cause sparks, fires, or electric shock, especially if the battery is damaged or improperly handled.
• Physical damage – dropping, crushing, or puncturing a battery can make it unsafe to use or charge.
• Chemical leaks – damaged batteries can leak harmful chemicals that may burn skin or irritate lungs.
• Improper disposal – throwing batteries in the trash can lead to fires in trash bins, garbage trucks, or landfills.

What can we do to stay safe?

Lithium-ion batteries power our daily lives and using them safely is crucial. As incidents rise, regulatory organizations are taking notice. Recently the National Fire Protection Association (NFPA) has launched its “Charge into Safety” campaign to raise awareness about lithium-ion battery hazards. You can help prevent accidents by following these key safety tips:

• Use proper equipment - ensure you are using chargers and batteries that are certified for the specific device and are recommended by the manufacturer. Avoid using cheap, off-brand replacements.
• Store and charge safely - store batteries in a cool, dry place away from heat and sunlight. Heat is one of the biggest threats to lithium-ion battery safety. They should be kept in a cool, well-ventilated area, and away from sources of moisture which can cause corrosion or short circuits.
• Inspect often - check for swelling, leaks, or damage. Stop using damaged batteries immediately.
• Train workers - ensure anyone who handles these batteries understands how to use them safely, can recognize concerns, and knows how to respond to emergencies that may occur from use.
• Dispose correctly – dispose of them responsibly. Never throw lithium-ion batteries in the trash. Recycle batteries at approved centers.

Key to remember: Lithium-ion batteries power our modern world, but when not used responsibly, they can be dangerous. Stay safe by using certified equipment, charging and storing batteries and devices properly, inspecting them regularly, training users, and recycling responsibly.

What is the General Duty Clause?

Section 5(a)(1) of the Occupational Safety and Health Act, a law that took effect in 1970, requires employers to provide employees with a safe workplace. Specifically, section 5(a)(1), more commonly known as the General Duty Clause, mandates: “Each employer shall furnish to each of his employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” 

The General Duty Clause extends OSHA’s authority beyond the Code of Federal Regulations (CFRs) when a recognized workplace hazard exists or potentially exists. In fact, the agency often uses it to cite employers when there’s no specific regulation that applies to a recognized hazard in the workplace. Common examples where OSHA might use the General Duty Clause to cite include those for:

• Ergonomic hazards,
• Workplace violence hazards,
• Extreme heat hazards,
• Lack of safety training,
• Failure to have chemical leak detection equipment or alarms, and
• Unsafe or blocked access to valves/instruments necessary to an employee's job.

To use the General Duty Clause to cite an employer, OSHA must prove four elements:

• The employer failed to keep the workplace free of a hazard,
• The hazard was recognized,
• The hazard was causing or likely to cause death or serious physical harm, and
• There was a feasible and useful method to correct the hazard.

The case that spurred the proposal

In February 2010, an animal trainer was killed by an orca whale during an amusement park show. In a subsequent 2014 court case, OSHA relied on the General Duty Clause to prohibit the park from exposing its trainers to the recognized hazard of close contact with orca whales during live performances.

The D.C. Circuit Court of Appeals upheld the citation (in Case No. 12-1375), holding that the amusement park must reduce the hazard by requiring a barrier or minimum distance between trainers and orcas. Yet, one judge dissented, arguing that the General Duty Clause doesn’t authorize OSHA to regulate hazards arising from normal activities that are intrinsic to professional, athletic, or entertainment occupations.

The case did not reach the Supreme Court. However, in light of the issues raised in the court dissent and developments in administrative and constitutional law, OSHA reexamined its authority under the General Duty Clause.

The latest proposal

Now, the agency proposes that the following employment sectors must no longer be cited under Section 5(a)(1) for certain activities, but notes that its list is not exhaustive:

• Live entertainment and performing arts;
• Animal handling and performance;
• Professional and extreme sports;
• Motorsports and high-risk recreation;
• Tactical, defense, and combat simulation training; and
• Hazard-based media and journalism activities.

If the proposed rule is finalized, employers would NOT have to remove hazards arising from inherently risky employment activities, where:

• The activity is integral to the essential function of a professional or performance-based occupation;
• The hazard can’t be eliminated without fundamentally altering or prohibiting the activity; and
• The employer has taken reasonable hazard-control efforts (e.g., through engineering controls, administrative controls, or personal protective equipment) that don’t alter the nature of the activity to control the hazard.

The agency seeks input on 14 questions specific to the proposal. Interested parties may comment by September 2. Search for OSHA-2025-0041 at regulations.gov to read and enter public comments. OSHA will analyze the comments to shape an upcoming final rule.

Key to remember: Under a proposed rule, OSHA would no longer use the General Duty Clause to cite employers of “inherently risky professions.” The agency seeks comment by September 2 on specific questions related to the proposal.

Choosing the correct year

The NAICS codes get updated every five years, with 2022 as the most current. Adding confusion, different OSHA regulations use different versions of the codes. For example:

• Employers trying to determine if they’re exempt from keeping a 300 Log under 1904.2 must use the 2002 codes.
• Employers trying to determine if they must submit injury data to OSHA by March 2nd must use the 2017 codes (OSHA updated from the 2012 codes as of January 1, 2024).

Searching codes online may default to the 2022 version, and some codes changed. For example, the 1904.41 appendix lists 4529 for “Other general merchandise stores” which covers retail outlets like dollar stores and variety stores. However, searching that code in the 2022 list shows “no result” since that number changed. The 2022 NAICS code for general merchandise stores is 4552, but that code does not appear in OSHA’s appendix. Employers using the 2022 NAICS codes may incorrectly believe their establishment is not on OSHA’s list.

Employers can search older versions of the NAICS codes at https://www.census.gov/naics/ which also indicates whether a particular code has changed in more recent versions.

Choosing the correct code

In addition to using the NAICS list for the correct year, employers must choose the correct code for each establishment. If a location engages in more than one type of business activity, employers must choose only one NAICS code for OSHA recordkeeping. OSHA says to choose the code for the activity that generates the most revenue or has the most employees.

In some cases, employers can divide a single physical location into more than one “establishment” as defined in 1904.46. To split a single location into multiple establishments, all of the following must apply:

• Each establishment represents a distinctly separate business;
• Each business engages in a different economic activity;
• No single NAICS code applies to the joint activities at the establishments; and
• Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information.

For example, OSHA noted that if an employer operates a construction company at the same physical location as a lumber yard, the employer may consider each business as a separate establishment.

For employers with multiple establishments, the NAICS code for each location should reflect the primary business activity at each establishment. For example, a manufacturing company might have a separate administration office. Using a manufacturing code for the office might not be appropriate, even though it supports the other manufacturing locations. However, NAICS codes starting 5511 for “Management of Companies and Enterprises” might apply.

For example, code 551114 gives examples as follows:

• Centralized administrative offices
• Head offices
• Corporate offices
• District and regional offices
• Subsidiary management offices

That might better describe a corporate administrative office, if the location does not have any warehousing or manufacturing operations. In fact, codes starting 5511 appear on OSHA’s list of establishments under 1904.2 that are exempt from keeping a 300 Log, so applying the correct code could mean that office doesn’t need a 300 Log at all.

Counting employees

Finally, counting employees gets confusing because some OSHA regulations require counting all employees in the company (combining all locations) and others require counting only the employees at each establishment.

• Section 1904.1 allows an exemption from keeping a 300 Log if the entire company has 10 or fewer employees, combining all establishments.
• Section 1904.2 allows an exemption from keeping a 300 Log based on the NAICS code for each location, regardless of the number of employees at the location.
• Section 1904.41 requires establishments in listed NAICS codes to submit injury data to OSHA annually, but only if the establishment (not the entire company) falls within an employee count range. Establishments with fewer than 20 employees need not submit even if the NAICS code appears in OSHA’s list.

Key to remember: NAICS codes update every five years, and employers must use the correct list, which may differ in various regulations.

Why it’s a problem:

The physical layout and pace of modern warehouses are major contributors to the problem. Workers are often expected to walk 10 to 15 miles per shift, lift hundreds of packages, and meet rigid performance quotas while navigating narrow aisles, high shelves, and uneven floors. Even with some automation and mechanized assistance, many tasks still rely on human labor, especially in last-mile distribution centers and fulfillment hubs.

In response, OSHA has launched several enforcement initiatives targeting warehouse safety. While OSHA does not have an ergonomic standard, several states do, and OSHA can cite employers under the General Duty Clause of the OSH Act if they fail to mitigate known ergonomic hazards. In 2024, several major warehouse operators were issued citations for failure to address repeat MSD risks, with fines ranging from $30,000 to over $100,000 depending on severity and recurrence. OSHA has also partnered with NIOSH to publish guidance on best practices, including job rotation, ergonomic workstations, and lifting aids.

Even without OSHA citations, ergonomic injuries can increase workers’ compensation premiums, and those costs directly reduce profits. If a distribution center with a 10 percent profit margin can lower workers’ compensation premiums by $20,000, for example, that represents the profits from $200,000 in sales.

Solutions:

So, what can employers do? First, conduct an ergonomic risk assessment of everyday job tasks. Identify where repetitive motions, heavy lifting, or awkward postures are most common. Involve employees in this process, since they know where the real strain happens. Second, invest in engineering controls like height-adjustable work surfaces, lift-assist devices, and anti-fatigue flooring. Third, train workers on proper lifting techniques and body mechanics, and encourage early reporting of symptoms before injuries worsen. Most importantly, businesses must change the mindset around MSDs. These injuries are not an unavoidable cost of doing business, they’re predictable and preventable. By prioritizing ergonomics and redesigning jobs with the worker in mind, employers can reduce injury rates, improve retention, and boost productivity in a sustainable way.

As the e-commerce sector grows, so must our commitment to the people who power it. The cost of ignoring MSDs isn’t just measured in lost workdays, it’s measured in lives altered and careers shortened.

Keys to remember: Musculoskeletal injuries are increasing in the warehousing sector due to the fast pace and physical demands of e-commerce operation. These injuries are preventable with the right mix of ergonomic design, training, and hazard awareness.