Flashing brake lights still an option

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.

The compliance puzzle: Federal, state, and global layers

In the U.S., environmental laws are enforced at both federal and state levels. While EPA sets national standards, states often go further. For example:

• California requires Scope 3 greenhouse gas emissions reporting for large companies starting in 2027.
• New York and Vermont have enacted climate superfund laws that hold fossil fuel companies financially liable for climate-related damages.
• Louisiana successfully challenged the EPA’s use of environmental justice criteria in permitting decisions, resulting in a federal court ruling that blocks Title VI enforcement in the state.

Internationally, U.S. companies face additional hurdles. The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) requires companies to identify and mitigate environmental risks across their global supply chains. This means a U.S. firm with operations or suppliers in Europe must meet stricter standards, even if those standards differ from U.S. law.

Environmental Management Systems (EMS): A strategic solution

To manage this complexity, many companies adopt Environmental Management Systems such as ISO 14001. An EMS provides a structured framework to:

• Identify applicable regulations across jurisdictions,
• Set environmental goals and track performance,
• Conduct internal audits and drive continual improvement, and
• Ensure consistent documentation and training.

EMS tools help companies centralize oversight, reduce compliance gaps, and respond quickly to regulatory changes. For example, a company using EMS software can assign location-specific tasks, monitor progress, and generate reports tailored to each jurisdiction’s requirements.

Practical strategies for multi-jurisdictional success

• Centralize compliance oversight: Use a unified system to track permits, deadlines, and reporting across all sites.
• Leverage EMS tools: Automate alerts, audits, and documentation to stay ahead of changes.
• Train staff by location: Tailor training to reflect the specific rules and risks of each jurisdiction.
• Conduct routine audits: Internal reviews help catch issues before regulators do.

Key to Remember: Multi-jurisdictional compliance isn’t just about knowing the rules—it’s about building systems that adapt to them. An Environmental Management System, paired with proactive planning and location-specific training, helps companies stay compliant, reduce risk, and operate confidently across borders.

Federal Motor Carrier Safety Administration (FMCSA)

It’s generally business as usual for the FMCSA. Roadside inspections are considered an essential safety function. Both federal and state enforcement partners perform these inspections, and most weigh stations are run by state Department of Transportation (DOT) agencies, which aren’t directly affected by a federal shutdown.

Drivers should assume inspections will continue as normal. Violations will still result in citations, out-of-service orders, and compliance reviews.

While the day-to-day enforcement likely won’t change, some aspects of the FMCSA and DOT operations may slow down, such as:

• Rulemaking and new initiatives: Any changes to federal regulations will pause.
• Audits and investigations: Compliance reviews and safety audits may take longer, although the enforcement of violations will continue.
• Administrative support: Processing non-urgent matters, permits, or correspondence may be slower.

New registrations and filings, such as new USDOT numbers, new authority, and Unified Carrier Registration filings, will likely experience delays until the shutdown is resolved.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

The picture is more complex at PHMSA. The DOT plan says about one-third of the agency's 580 employees are expected to be furloughed. Inspections of hazardous materials shippers, carriers, and other entities will continue, as will enforcement of the hazardous materials safety regulations. However, a variety of administrative functions are expected to be impacted, including non-emergency approvals and permits, rulemaking activities, research, grants, outreach, and the hazmat registration and fee-collection program.

Occupational Safety and Health Administration (OSHA)

OSHA will continue only its essential functions, including:

• Inspections for imminent danger situations, workplace fatalities, and catastrophes;
• Review and referral of whistleblower complaints tied to imminent threats;
• Follow-up inspections of serious violations without abatement; and
• Enforcement actions needed to meet statutory deadlines on high-risk cases.

All other agency activities such as rulemaking, programmed inspections, compliance assistance, website updates, and outreach programs are suspended. Only employees designated as essential may continue working, and the Occupational Safety and Health Review Commission halts all operations for the duration of the shutdown.

Environmental Protection Agency (EPA)

EPA has implemented its contingency plan, resulting in a significant reduction in operations. Approximately 90 percent of EPA staff have been furloughed, leaving around 1,700 personnel to continue essential functions, including emergency response operations, law enforcement, criminal investigations, maintenance of critical laboratory assets, and Superfund site work only if halting it poses an imminent threat to human life.

Most routine EPA functions have been suspended (like issuing permits and regulations). The agency has also paused work on climate-related regulations and restructuring efforts unless deemed essential or funded through exempted sources (e.g., Infrastructure Investment and Jobs Act or specific fee-based programs).

Equal Employment Opportunity Commission (EEOC)

The EEOC, which investigates discrimination claims, is closed during the shutdown. The agency won’t be responding to inquiries during this time, but a limited number of services will still be available. If employees want to file a discrimination charge, they should be aware that time limits for filing a charge won’t be extended due to the shutdown.

Additional information on filing new charges, the status of pending charges, or other existing business with the EEOC, etc., will likely be delayed. During the shutdown, information on the EEOC website won’t be updated. In addition, transactions submitted via the website won’t be processed, and EEOC staff won’t be able to respond to requests or questions submitted to the EEOC, including those submitted by email or through its website, until the shutdown is over. 

Members of the public who call the EEOC during the government shutdown will be able to access the pre-recorded information available on the EEOC's Interactive Voice Response System, but EEOC staff will not be available to assist them. Email inquiries sent to the agency will be monitored for urgent matters but generally not addressed during the shutdown.

National Labor Relations Board (NLRB)

NLRB offices are closed during the shutdown, and hearings are postponed. Because documents may not be filed on the NLRB website during the shutdown, due dates for filing documents will be extended.

As the 6-month statute of limitations for filing unfair labor practice charges remains in effect, the agency recommends mailing or faxing a copy of the charge to the regional office during the shutdown.

Department of Labor (DOL)

The DOL is also shut down, except for activities such as those needed to protect life and property. All regulatory work has ceased, including the final rules on independent contractors and joint employers.

The Wage and Hour Division (WHD), which enforces laws such as the Fair Labor Standards Act and the Family and Medical Leave Act, dropped from 1,270 employees to 7. Employees won’t be able to file claims under such laws.

The agency will monitor and respond to child labor investigations and will pursue and address legal cases or investigations in jeopardy of being lost due to a statute of limitations or as otherwise ordered by the court. It will also continue to process certain benefits payments and support federal and state unemployment programs.

The Employee Benefits Security Administration (EBSA) generally stopped its research activities, audits, compliance assistance, and IT support.

The Veterans’ Employment and Training Service (VETS) stopped conducting investigations of the Uniformed Services Employment and Reemployment Rights Act.

U.S. Citizenship and Immigration Services (USCIS)

Employers must continue to use the Form I-9 during the shutdown to verify that an employee is eligible to work in the United States. The form must be completed within 3 business days after the employee’s first day of employment.

The form may be downloaded from the USCIS website. The agency expects to retain the majority of its employees during the shutdown.

Employers who use the online E-Verify system to confirm an employee’s eligibility to work in the United States may experience a system shutdown, however. In the event of an E-Verify shutdown, employers won’t be able to create E-Verify cases, run reports, or resolve tentative non-confirmations.

E-Verify employers should continue to complete a Form I-9 for each new employee. After the shutdown ends and the E-Verify system is operational, employers should create E-Verify cases for employees who were hired when the website was not available.

In the event of an E-Verify system shutdown, it’s likely that the USCIS will extend deadlines for creating E-Verify cases and resolving tentative non-confirmations. The agency is expected to provide further guidance.

Federal contractors and government employees

Federal contractors and government employees from shut-down agencies are either furloughed — prohibited from work and unpaid — or required to work without pay if their roles are deemed essential to public safety.

Payments to companies with a federal contract may be delayed, and they may receive a stop-work order. Contracts will not be issued or extended during the shutdown.

The Office of Federal Contract Compliance Programs website is not being updated during the shutdown.

Single-use plastics: New bans and restrictions

Several states have enacted new bans on polystyrene foam containers, plastic straws, and produce bags:

• California SB 54, as of January 1, 2025, bans expanded polystyrene (EPS) food containers unless they meet a 25 percent recycling rate. Precheckout bags must be compostable or made of recycled paper (SB 1046).
• Delaware SB 51 bans foam containers and plastic stirrers unless requested by the customer.
• Oregon SB 543 bans EPS containers and food packaging with intentionally added PFAS.
• Virginia bans food vendors from using EPS as of July 1, 2025.

Compliance tip: Audit your packaging inventory and supplier certifications. Ensure alternatives meet compostability or recyclability standards.

Extended Producer Responsibility (EPR): Expanding nationwide

EPR laws now apply in several states. These laws require companies to help pay for recycling and report packaging data:

• Maryland SB 901 allows multiple Producer Responsibility Organizations (PROs) and mandates cost-sharing for recycling.
• Washington SB 5284 targets consumer packaging with compliance deadlines starting in 2028.
• Colorado bans unregistered producers from selling covered products as of July 1, 2025.
• California's SB 54 revised draft rules released in May 2025 include new compliance dates and exemptions.

Compliance tip: Register with your state’s PRO, submit packaging data, and prepare for fee schedules. Track deadlines and exemptions closely.

Chemical recycling: Regulatory reclassification and impacts

States like Texas and Pennsylvania now classify chemical recycling as manufacturing, not waste management. This shift encourages investment but also changes permitting and emissions reporting obligations.

Compliance tip: If your facility uses or contracts chemical recycling, review air and water permits. Ensure alignment with manufacturing regulations.

Per and polyfluoroalkyl substances (PFAS): Phaseouts and hazardous waste updates

More states are banning PFAS in packaging, cookware, and more:

• Minnesota, Oregon, Rhode Island, and New Mexico have banned or phased out PFAS in consumer products.
• Illinois SB 727 aligns PFAS limits in drinking water with the Environmental Protection Agency standards.

Compliance tip: Update product Safety Data Sheets and conduct PFAS audits. Prepare for new reporting under TSCA Section 8(a)(7), including data on manufacture, use, and disposal.

Circular economy and composting: Recent mandates

States are setting zero-waste goals and requiring composting:

• Hawaii HB 750 launches a statewide recycling needs assessment.
• Maine LD 1065 requires large food waste generators to compost by 2030.

Compliance tip: Evaluate organics diversion programs and infrastructure. Consider partnerships with composting facilities.

EHS teams: What to do now

• Map your regulatory exposure: Identify which state laws apply to your operations.
• Engage with PROs: Register, report, and participate in rulemaking.
• Train staff: Ensure procurement, operations, and legal teams understand new requirements.
• Audit packaging and waste streams: Replace banned materials and optimize recycling.
• Monitor emerging legislation: Stay ahead of new bills and compliance deadlines.

Key to remember: Staying compliant in 2025 means more than avoiding fines. EHS teams must lead efforts to meet new waste laws and support sustainability goals.

Common denominators across modes

Several constants are built into 49 CFR Part 40, which contains the procedures for drug and alcohol testing of transportation workers. These constants ensure consistency, fairness, and privacy.

To sum up Part 40, it specifies:

• Privacy and security requirements for collection sites,
• The collection kits, equipment, and forms to use,
• Collector and technician training,
• Steps to perform drug and alcohol tests,
• Approved laboratories,
• Steps to return to duty following a violation,
• Follow-up testing after a return-to-duty program, and
• Credentials and training of:
  • Collection site personnel,
  • Medical review officers (MROs), and
  • Substance abuse professionals (SAPs).

To create this uniformity between modes, Part 40 is referenced by all agencies subject to DOT testing:

• Federal Motor Carrier Safety Administration (FMCSA)
• Federal Aviation Administration (FAA)
• Federal Railroad Administration (FRA)
• Federal Transit Administration (FTA)
• Pipeline and Hazardous Materials Safety Administration (PHMSA)
• United States Coast Guard (USCG)

This means each covered employee will experience the same procedures no matter what agency they operate under, including specimen collection, lab analysis, handling of drug test results, and alcohol testing procedures. Those who violate DOT testing rules are subject to the same evaluation, treatment, and testing requirements.

Part 40 also requires employers to investigate the DOT drug and alcohol history of those applying to or transferring into a safety-sensitive position.

Variables that change the formula

In addition to Part 40, DOT employers and employees must factor in agency-specific rules. For example, FMCSA-regulated employers must follow 49 CFR Part 382, while PHMSA-regulated employers follow 49 CFR Part 199.

Agency rules lay out:

• Which entities are subject
• Who is a covered employee
• What activities are safety-sensitive functions
• When testing is required
• Training of employees and supervisors
• Content of policies and procedures
• Prohibited behavior
• Recordkeeping
• Random testing rates
• Confidentiality

When an agency rule conflicts with Part 40, the company must go with the more stringent of the two. For example, FMCSA requires employers to investigate the past three years of DOT testing history, while Part 40 requires just two. So, FMCSA-regulated employers must pursue three years.

And, of course, many agency-specific requirements must be followed. For instance:

• FMCSA employers must use the Drug and Alcohol Clearinghouse as the sole means of learning of FMCSA testing violations. Other agencies don’t have access to this or any similar database.
• PHMSA only requires random drug tests; random alcohol testing is not permitted.
• Some agencies require the observations of two trained supervisors for reasonable suspicion tests.

Employer²

When the same employer is subject to testing for more than one DOT mode, it’s important that the two remain separate. This means each program must have its own chain of custody forms, alcohol testing forms, lab accounts, and so forth.

Forms. When an employee is sent to a clinic, these dual-mode employers must ensure the clinic personnel know which testing form to use and the appropriate agency box to check. This is especially important when a violation needs to be reported to the Clearinghouse. The MRO will only report those checked as FMCSA.

Policies. Dual-mode employers must have a testing policy for each agency. A single policy does not communicate the modal-specific requirements and definitions. An investigator only wants to see what applies to their agency.

Random testing. If an employer is subject to more than one DOT agency for testing, they have the option of creating separate selections or combining them into a single pool (similar to a consortium). They would test at the highest minimum testing rate represented

Employee²

Employees who are subject to more than one mode under the same employer must be in both agency programs.

These employees are subject to all aspects of each respective agency (e.g., background checks, issuance of each policy, post-accident testing, etc.).

The only exception is random testing. These employees are placed in the random pool for the agency where they perform at least 51 percent of their job functions.

Key to remember: Make sure your DOT testing program adds up. Part 40 plus your agency-specific rules equals total compliance.

Positive dilute

If a test result is positive but dilute, you’ll need to treat it the same as a positive test result. You must:

• Not order another test;
• Notify the driver;
• Remove the driver from safety-sensitive functions;
• Give the driver a list of substance abuse professionals (SAPs) from whom the driver can seek treatment;
• Not use the driver again until the driver completes treatment and passes a return-to-duty test; and
• Retain the test results for five years.

The MRO will report the test result to the Drug & Alcohol Clearinghouse, the same as any other positive test.

Negative dilute

For results that are negative but dilute, your actions will depend on the creatinine level (creatinine is a waste product found in urine), as follows:

2 to 5 mg/dL — The MRO will contact you to request an immediate re-collection under direct observation.

• If the driver refuses this test, it’s treated the same as any refusal (which means following the steps above for a positive test, including reporting to the Clearinghouse).
• If the driver goes for this follow-up test, the result becomes the official result of record.
• If the result comes back as negative dilute again, the test is declared negative.

Over 5 mg/dL — No retest required. However, you can have a company policy requiring a retest, as long as you communicate it to drivers and enforce it uniformly. If you do retests in this situation, be aware that:

• The test cannot be under direct observation;
• A refusal of the test is treated the same as any other refusal;
• If the result is once again negative dilute with a creatinine level over 5 mg/dL, you cannot retest the driver (i.e., no third test) and it’s deemed a negative result.
• If the result is negative dilute with a creatinine level of 2 to 5 mg/dL, the MRO will demand yet another test immediately under direct observation.

A positive, adulterated, or substituted test result on any retest becomes the result of record, and all the consequences of a drug testing violation apply.

Key to Remember: If a driver’s drug test result comes back as dilute, be sure you know what to do next.

To-do before October 1

Get ready for renewal by taking the following steps now:

• File all your highway use tax returns that are due.
• Pay your taxes. The state will not issue a new certificate of registration if you owe back taxes. Before you apply to renew, make sure that you’ve paid all taxes due under any of the programs administered by the New York State Tax Department, including:
  • HUT,
  • personal income tax,
  • International Fuel Tax Agreement (IFTA),
  • sales tax, and
  • withholding tax.
• Create an online account if you do not already have one and you want to renew your credentials and pay online (https://www.oscar.ny.gov/).
• Make sure your vehicle registration information is correct and accurate. Review and update your information as soon as possible. Incorrect information will delay the processing of your certificates and decals.

Beginning October 1

Once the renewal period opens, renew your credentials and pay your renewal fees online with One Stop Credentialing and Registration (OSCAR).

Submit your renewal application by November 30, 2024, to make sure you receive your decals in time to place them on your vehicles before January 1, 2025.

If you are already enrolled in OSCAR, use your current OSCAR password to renew online.

If you are not enrolled, visit OSCAR, and select Enroll Now. You must have a United States Department of Transportation (USDOT) number and an employer identification number (EIN).

To renew your registration:

1. Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
2. Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
3. If you have 300 or fewer vehicles, choose either:
   1. Renew all HUT/AFC Certificates of Registration to renew all your active current series permits, or
   2. Select HUT/AFC Certificates of Registration to renew specific permits.
4. If you have more than 300 vehicles, choose either:
   1. Renew all to renew all your active current series permits, or
   2. File renewal to renew select permits.

If you are unable to renew electronically, you may file Form TMT-1.2, Renewal Application for Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) Certificates of Registrations and Decals – 25th Series.

Key to remember: Take steps now to renew your NY HUT and ensure you receive your new decals before the current ones expire.

When are same-gender observers required?

There are two types of collections that require a person of the same gender: monitored collections and collections performed under direct observation.

Monitored collections are used when the employee being tested must provide the specimen in a multi-stall restroom that cannot be secured, e.g., the water cannot be shut off or soap dispensers can’t be secured. In these instances, the collection must be monitored, meaning that a person of the same gender as the person providing the specimen must be in the bathroom — but not the stall — while the person provides the specimen. The only exception to the same-gender rule in a monitored collection is if the monitor is a medical professional, i.e., an individual licensed or certified to practice in the jurisdiction in which the collection takes place.

In the instance of a direct observation, the person providing the specimen must be observed by someone of the same gender as the urine specimen is collected. If the collector is not the same gender as the individual being tested, then an observer of the same gender may be used. An observer is not required to be a qualified collector.

Collections are performed under direct observation when:

• The test is a return-to-duty or follow-up test,
• The collector observes materials brought to the collection site,
• The employee’s conduct clearly indicates an attempt to tamper with a specimen,
• The temperature on the original specimen is out of range, and
• The original specimen appears to have been tampered with.

Recollections are performed under direct observation when:

• The laboratory reports to the medical review officer (MRO) that a specimen is invalid, and the MRO cannot identify an adequate medical explanation for the result;
• The MRO reports that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be performed; and
• The lab reports to the MRO that the specimen was negative-dilute with a creatinine concentration outside of the normal range.

It’s up to the motor carrier to comply

It’s important that motor carriers understand the situations in which a person of the same gender must be available to monitor or observe a urine collection for a Department of Transportation (DOT) drug test so that the carrier doesn’t inadvertently violate the regulations.

For example, the motor carrier has a male driver who needs to complete six follow-up tests to resolve a DOT drug violation. The carrier notifies the driver to report immediately to the collection site to take the first of the six follow-up tests. Because this is a follow-up test, the collection must be performed under direct observation, but the entire staff at the collection site that day is female. The driver’s follow-up test cannot be performed that day unless arrangements are made to send the driver as soon as possible to a different facility that has a male observer available. If the test is not completed that day, the carrier will have to send the driver on another day, but now the motor carrier is in violation of 40.309(b) of the Federal Motor Carrier Safety Regulations (FMCSRs), since the driver is now aware of and has advance notice of the follow-up test.

Be proactive

So, what can a carrier do to ensure a collection site has collectors, monitors, and/or observers of both genders available? Part 40 grants employers the right to conduct site visits to ensure that service agents are compliant with the FMCSRs. If this isn’t something you’ve done in a while — or at all — you may want to take some time to visit your collection site. While there, ask whether the site has employees of both genders available during all of the collection site’s business hours. If not, you may want to consider looking for another collection site.

And when the appointment is made for a test requiring direct observation, the employer should confirm that someone of the same gender as the driver is available at the time of the appointment.

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.

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.

Use equipment properly

Paragraph 1910.303(b) covers examination, installation, and use of equipment. It includes a kind of a “general duty clause” that states, “Electric equipment shall be free from recognized hazards that are likely to cause death or serious physical harm to employees.”

Since electricity could cause serious harm, OSHA can cite that paragraph for a number of hazards. Citations include things like damaged insulation on wiring or exposed electrical parts of equipment motors. However, that isn’t the most frequently cited paragraph.

Sub-paragraph 1910.303(b)(2) gets cited most often. It states, “Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.” Essentially, this tells employers to follow manufacturer instructions when using electrical equipment. OSHA uses this for violations like improperly using power strips or allowing employees to use outlets that were not correctly installed.

For related information, see our article, Five things to know before letting employees work with electricity.

Another frequently cited issue is failing to maintain access and working space around electrical equipment. Paragraph 1910.303(g)(1) requires sufficient access and space to allow safe operation and maintenance, describes specific distances, prohibits using the working space for storage, and requires guarding when live parts are exposed for inspection or service.

Wiring issues

The other commonly-cited electrical standard is 1910.305, covering wiring methods and more. These violations include issues such as outlets or switches without covers, or improperly using flexible cords (such as extension cords) where permanent wiring should be used.

One of the most-cited paragraphs is 1910.305(b)(1)(ii) which says, “Unused openings in cabinets, boxes, and fittings shall be effectively closed.” For example, if a circuit breaker panel has an unused breaker space, it must be filled with a blank. It cannot be left open, and placing tape over the empty slot is not sufficient.

Another frequently-cited paragraph is (g)(2)(iii), which says: “Flexible cords and cables shall be connected to devices and fittings so that strain relief is provided that will prevent pull from being directly transmitted to joints or terminal screws.” OSHA uses this when saws or other equipment gets power through flexible cables coming from an electrical panel.

The Bureau of Labor Statistics lists more than 2,000 injuries from exposure to electricity each year and around 150 deaths per year. Neither of the above standards specifically requires training workers on electrical safety, but employers should provide training on properly using (and not improperly using) electrical equipment and tools. For related information, see our article, What is the difference between qualified and unqualified electrical workers?

Key to remember: Electrical hazards from exposed electrical lines and improperly using equipment could be mitigated by training employees.

How can employers recognize lithium-ion safety during fire prevention week?

Provide fire safety training: Organize sessions on general fire prevention and lithium-ion battery safety. Cover topics like safe charging, storage, inspection, disposal, and emergency response.

Share resources: Distribute materials and safety posters throughout the workplace. Highlight key fire risks, including electrical hazards, clutter, and battery safety.

Review policies: Update fire safety policies and ensure all battery-powered equipment is used and maintained according to manufacturer guidelines.

Promote safe disposal: Set up battery recycling stations and educate employees on proper disposal methods for batteries and other fire hazards.

Conduct fire drills: Practice evacuation plans and ensure all employees know escape routes and assembly points.

How can workers stay safe with lithium-ion batteries at work and home?

How can workers stay safe with lithium-ion batteries at work and home? Workplaces often rely on rechargeable batteries and electrical equipment, which if mishandled, can pose serious fire hazards. To help prevent incidents, employees should:

• Use only manufacturer-approved chargers and batteries.
• Store batteries and flammable materials in cool, dry places, away from heat and moisture.
• Inspect batteries and electrical equipment regularly for signs of damage.
• Report any fire hazards or safety concerns immediately.
• Participate in fire safety training and follow all workplace procedures.

Battery-related fires can happen at home just as easily as they can at work, especially with the growing number of personal devices such as smartphones, laptops, e-bikes, power tools, and electric vehicles. Here are some strategies to include:

• Install smoke alarms and test them monthly.
• Avoid charging devices on soft surfaces or near flammable materials.
• Don’t use damaged or off-brand batteries and chargers.
• Keep batteries out of reach of children and pets.
• Recycle old batteries at approved centers; never throw them in the trash.
• Create and practice a fire escape plan with your family.

Why focus on lithium-ion batteries?

Lithium-ion battery fires are an escalating concern across the United States. These batteries pose serious fire risks when damaged, improperly charged, or disposed of incorrectly. Fires involving lithium-ion batteries burn hotter and spread faster than traditional fires, making them especially dangerous.

Since 2017, incidents have increased by approximately 20% annually. According to the NFPA, urban areas face the highest risk. In New York City alone, 268 lithium-ion battery fires were recorded in 2023, resulting in 18 deaths. As the use of rechargeable devices and electric vehicles continues to grow, these fire incidents are expected to rise nationwide.

Key to remember: Lithium-ion batteries are becoming more popular and essential, but they must be handled responsibly. October’s annual focus on fire prevention is a great time to reinforce safety practices, educate workers, and take steps to prevent fires at work and at home.

Propping open fire doors is a common violation

Each year, the National Fire Protection Agency (NFPA) reminds employers not to prop open fire doors for convenience. Propping open doors has become a common violation of fire codes after the pandemic because workers didn’t want to become exposed to germs on common touchpoints.

I know firsthand this is an issue at construction jobsites and remember telling workers not to prop open fire doors in our clients’ facilities. Workers were doing this out of convenience because they carried things into and out of the existing facility. Propping open a fire door, or wedging it open, are serious fire and safety hazards. Keep fire doors closed to prevent smoke and fire from spreading into the fire evacuation route, like a stairwell. OSHA and NFPA don’t prohibit propping open a fire exit door but caution employers against doing this for safety and security reasons.

Fire doors must remain closed, although some may be designed to automatically close when fire and smoke are sensed by jobsite fire detection equipment. To reduce the need to disinfect frequently touched points, workers can push open fire doors using their sleeves by pushing against the push bar instead of using their hands. You can also increase housekeeping efforts and the frequency that doorknobs, handles, and push bars are cleaned throughout the shift.

Hazards and risks

Process fluids that truckers often deal with include wastewater, flowback fluids, condensate, brines, process water, crude oil, and basic sediment and water (BS&W). Produced water is NOT just water, cautions the video.

These truckers are also often alone onsite, making it difficult to get help if needed. According to the video, fluid transfer hazards like flammable atmospheres, exposure to toxic hydrocarbon gas and vapors, low oxygen, and hydrogen sulfide are real. In fact, an infrared camera scene depicts an “invisible” gas and vapor plume that surrounds a worker, when process fluids are transferred, especially when the fluids are under pressure. Vehicle incidents and heat stress are also common for truckers.

The video emphasizes that exposure to the hazards can lead to injury, hospitalization, long-term health effects, and even death. Yet, the hazards are known, understood, and preventable, NIOSH explains.

Control measures

However, the video — intended for oil and gas extraction companies, supervisors, managers, and workers — explains that the hazards can be removed or controlled, and these control methods are discussed.

The recommendations for employers and workers are consistent with the hierarchy of controls but eliminating or substituting the hazardous fluid during transfer (the most effective control methods) is not always possible. Therefore, the video focuses on engineering controls, administrative controls, and the proper and consistent use of personal protective equipment (PPE) when making transfers:

• Engineering controls include best practices from the American Petroleum Institute such as proper venting, bonding, grounding, and the use of conductive hose. Locating trucks upwind of vapors is also advised.
• Administrative controls include the development and use of job safety and health analyses and worker training.
• PPE includes multi-gas monitors, impermeable gloves, flame-resistant clothing, and self-contained breathing apparatus.

If multi-gas monitor alarms go off at any time, workers should immediately exit to a safe location.

Key to remember

NIOSH offers a new 11-minute video on the hazards, risks, and controls of fluid transfers in oil and gas extraction sites. The video is aimed at oil and gas extraction companies, supervisors, managers, and workers.