FMCSA Final Rule: General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations

More than just rules

The order covers not only final and proposed regulations but also “notices of inquiry,” any type of notice of proposed rulemaking, and guidance documents that interpret existing statutes or regulations.

The order will be overseen by the director of the White House Office of Management and Budget (OMB), a position to which Trump has nominated Russ Vought.

OMB wastes no time

The OMB, which must approve most rulemaking activities, has already sent numerous pending rules back to the agencies for review. Among the rules withdrawn on January 21, 2025:

• A proposal to update the new-driver training regulations to address sexual harassment and the safety of women truck drivers and vulnerable road users, such as pedestrians and bicyclists.
• A proposal to amend the Federal Motor Carrier Safety Regulations to account for the use of trucks and buses equipped with automated driving systems.
• A proposal from the Department of Health and Human Services to implement hair testing for federal workers.
• Proposed railroad noise-emission enforcement rules from the Federal Railroad Administration.
• A proposed air-emissions reporting requirement from the Environmental Protection Agency (EPA), as well as proposed EPA standards for emissions from PFAS manufacturing facilities.

In addition, the Occupational Safety and Health Administration withdrew a proposed rule on infectious diseases on January 14 and its COVID-19 healthcare rule on January 15, prior to the inauguration.

President Trump issued a similar regulation freeze upon his 2017 inauguration. Soon after, he announced a “two for one” order requiring agencies to eliminate two regulations for every new one issued.

Is my facility impacted?

The final rule’s rollback of GHG emission standards applies to fossil fuel-fired power plants, specifically:

• Fossil fuel-fired electric utility steam generating units, and
• Stationary combustion turbine electric generating units (EGUs).

Which requirements were removed?

The agency’s final rule repeals:

• All 2024 CPS emission guidelines for existing coal-, oil-, and natural gas-fired steam generating units (40 CFR Part 60 Subpart UUUUb in its entirety);
• The 2024 CPS carbon capture and sequestration/storage (CCS)-based requirements for coal-fired steam generating units undertaking a large modification (Part 60 Subpart TTTTa); and
• The 2024 CPS CCS-based standards for new base load stationary combustion turbines (Part 60 Subpart TTTTa).

Affected facilities no longer have to comply with the repealed GHG mitigation measures set by the 2024 CPS.

Why did EPA repeal these GHG emission standards?

The final rule states that the agency based its decision on a reevaluation of the best systems of emission reduction (BSERs) established by the 2024 CPS. The Clean Air Act requires EPA to base performance standards on BSERs that are adequately demonstrated. Once BSERs are established, EPA then sets emission requirements based on the application of the BSERs.

The 2024 CPS required:

• Existing long-term fossil fuel-fired EGUs to comply with an emission limit based on implementing a BSER of 90 percent CCS of carbon dioxide by January 1, 2032;
• Existing medium-term EGUs (i.e., units committed to stop operations by 2039) to comply with an emission limit based on implementing a BSER of 40 percent natural gas co-firing by January 1, 2030;
• Natural gas- and oil-fired EGUs to implement certain BSERs (including routine methods of operation and maintenance for intermediate load units and uniform fuels for low load units); and
• New base load stationary combustion turbines to comply with phase 2 standards based on a BSER of 90 percent CCS of carbon dioxide by January 1, 2032.

90 percent CCS

EPA determined that 90 percent CCS isn’t the BSER for long-term coal-fired steam generating units because:

• The BSER hasn’t been adequately demonstrated;
• The BSER imposes unreasonable costs; and
• The infrastructure needed to comply with the BSER likely can’t be deployed by the January 1, 2032, compliance date (which means the degree of emission limitation wouldn’t be achievable).

Additionally, EPA determined that 90 percent CCS isn’t the BSER for coal-fired steam generating units undertaking a large modification because the BSER hasn’t been adequately demonstrated and imposes unreasonable costs.

40 percent natural gas co-firing

The agency determined that 40 percent co-firing with natural gas isn’t the BSER for existing medium-term coal-fired steam generating units because it constitutes generation shifting (which the Supreme Court ruled impermissible in West Virginia v. EPA (2022)). Generation shifting refers to a forced shift of nationwide electricity generation from one source to another. In this case, the natural gas co-firing standard would require coal-fired boilers to use natural gas, a completely different fuel source.

It also found that this BSER would have adverse impacts on the energy system. Further, the infrastructure needed to comply with the BSER likely can’t be deployed by the January 1, 2030, compliance date (which means the degree of emission limitation wouldn’t be achievable).

Natural gas- and oil-fired steam generating unit requirements

EPA also determined that the BSERs for natural gas- and oil-fired steam generating units are unnecessary.

It concluded that:

• Requiring states to develop, submit, and implement plans only for natural gas- and oil-fired steam generating units would be an inefficient use of state resources because these units account for a small part of the source category; and
• The BSERs would result in little or no emission reductions.

Phase 2 standards

Finally, the agency determined that 90 percent CCS isn’t the BSER for new base load stationary combustion turbines because:

• The BSER hasn’t been adequately demonstrated;
• The BSER imposes unreasonable costs; and
• The infrastructure needed to comply with the BSER likely can’t be deployed by the January 1, 2032, compliance date (which means the degree of emission limitation wouldn’t be achievable).

How should facilities respond?

Consider these tips to help your facility determine how it may be affected by EPA’s repeal of these federal GHG emission standards:

• Determine if your facility is subject to any regulations established by the 2024 CPS.
• If so, verify whether any of the repealed federal GHG emission standards applied to your facility.
• If any of the repealed federal GHG emission standards applied, evaluate the possible impacts on your facility’s operations.
• Adjust operations and processes as needed.
• Don’t forget to check state requirements! Most air emission permits are issued by state or local air agencies. State regulations must be at least as stringent as federal requirements, but they could also be stricter. Confirm GHG emission standards with your permitting authority.

Key to remember: EPA has repealed a majority of the GHG emission requirements established by the 2024 Carbon Pollution Standards rule.

Be prepared

A sudden snowstorm can quickly turn into an emergency situation during the winter months. Drivers should make sure their vehicles are stocked with a winter survival kit and basic emergency supplies. In addition to the items that should be in their vehicle at all times (warning devices, jumper cables, tool kit, first aid kit), they should also carry the following items:

• A snow brush and scraper for clearing ice and snow;
• A shovel and traction devices (tire chains, sand, kitty litter) to help free a vehicle that becomes stuck in snow or ice;
• A brightly colored cloth to increase visibility if stranded;
• Warm blankets or a sleeping bag for protection from the cold;
• Extra food, water, and any necessary medications; and
• Additional winter clothing, including a coat, gloves, hat, and boots.

What to do if stranded

Even the most prepared drivers can find themselves stranded during severe winter weather. Knowing what to do is key to driver safety.

The most important rule is to stay in the vehicle. Unless help is clearly visible and within a short distance, leaving the vehicle can be extremely dangerous due to limited visibility, blowing snow, and the risk of becoming disoriented. If able to safely do it, the driver should hang a brightly colored cloth outside the vehicle to signal for help.

To stay warm, the engine and heater should run for about 10 minutes each hour. The driver should crack a window and keep the exhaust pipe free of snow to prevent carbon monoxide poisoning.

Retaining body heat is important to avoid hypothermia, a condition brought on when the body’s temperature drops to a dangerously low level. Symptoms of hypothermia include uncontrollable shivering, slow speech, memory lapses, and drowsiness.

Drivers can conserve body heat by wearing layers, using blankets or sleeping bags, and keeping their hands and feet warm. Simple movements, such as clapping hands and moving arms and legs, can also help maintain circulation until help arrives.

Key to remember: Now is the time to review winter survival tips with your drivers. Taking proactive steps today can help prevent problems when winter storms hit.

Interstate authority vs. Texas intrastate authority

Understanding the difference between interstate authority and Texas intrastate authority is integral to understanding what a carrier needs before operating in Texas. The USDOT number and the Texas Department of Motor Vehicles (TxDMV) number serve different purposes:

• USDOT numbers are the carrier’s federal safety identifier and are used to track information such as inspections, crashes, and compliance history; and
• TxDMV numbers and the related Texas registration certificate demonstrate that the carrier is registered with the state to make intrastate movements.

Because the two credentials aren’t interchangeable, a carrier with a USDOT number and federal operating authority may still need to register with the TxDMV. The key question is: Does the carrier perform any regulated movements that both originate and terminate within Texas?

When do you need to register with the TxDMV?

Texas generally requires the following intrastate vehicles and operations to have and display a USDOT number and to register with TxDMV for intrastate authority:

• Private and for-hire vehicles, or combinations of vehicles, with a gross weight or gross weight rating exceeding 26,000 pounds when used to transport cargo in furtherance of a commercial enterprise;
• For-hire vehicles used to transport household goods, regardless of gross weight rating;
• Vehicles, including buses, designed or used to transport more than 15 passengers, including the driver;
• Commercial school buses;
• Vehicles used to transport hazardous materials in a quantity requiring placarding; Vehicles operated by a foreign carrier;
• Foreign-domiciled buses; and/or
• Vehicles owned or controlled by a person who isn’t a U.S. citizen or doesn’t reside in the United States.

Applying for Texas intrastate authority

Application for authority can be completed online. Call (800) 299-1700 to begin the registration process over the phone and obtain a Unique Identifier Number (UIN). Once a UIN has been assigned, use the online Motor Carrier Credentialing System (MCCS) at https://apps.txdmv.gov/apps/mccs/motorcarrier/.

Registration isn’t a one-time administrative task

Once a carrier receives its certificate of registration, it must maintain that status by doing the following:

• Review its principal business address, mailing address, and email address in the department’s online system every 6 months;
• Maintain required insurance filings;
• Keep its vehicle listing current; and
• Retain the insurance cab card at its principal place of business, and make sure the correct copy is carried in each covered vehicle.

Just like at the federal level, changes in vehicle size, passenger capacity, cargo, routes, ownership, or operating status could trigger a fresh review of the carrier’s registration obligations.

It’s incredibly dangerous

There are many reasons truck and bus drivers should never park on an exit or entrance ramp.

It’s usually illegal. Despite “soft” enforcement, drivers can be cited for violating 49 CFR 392.2 when a state or local law prohibits stopping or parking on an exit or entrance ramp. As just one example, under Tennessee regulations:

“No person shall stop, park, or leave standing any commercial motor vehicle, whether attended or unattended, upon the paved or main-traveled part or the shoulder of any highway on/off ramp outside of a business district.”

It’s downright dangerous for everyone. It creates limited visibility and limited room for other drivers (who may be traveling 60-70 mph) to navigate the ramp. Trucks may need to slow rapidly to get into position on an off-ramp, further putting other drivers at risk. In addition, the trucks’ drivers may need to walk on the shoulder to get to a restroom or other services, putting their own lives at risk.

A lack of planning

Drivers park on ramps because they or their dispatchers did not plan ahead to find a safer place to park before running out of hours. After the Illinois crash, the truck driver told the media he was 15 minutes from his destination when he reached the 11-hour driving limit and needed to stop.

To avoid a similar fate:

Adopt a policy. If you haven’t already, adopt a written policy against stopping or parking on the shoulder of a highway except in emergency situations. Make it clear that running out of hours is not an “emergency.”

Plan ahead. Drivers and dispatchers must plan ahead to avoid running out of hours and out of time to find parking. A nationwide shortage of parking is a known issue, so lack of parking is no excuse for violating the law or company policy. Drivers must plan ahead and start looking for parking well before it becomes an urgent need.

Tell drivers what you want them to do in that situation. Drivers who find themselves out of hours and tempted to stop on a ramp should be instructed on what your company expects them to do. One suggestion: continue driving until they find a safer (and legal) place to park, preferably off the highway. Exceeding the hours-of-service limits by a small amount is ultimately safer than stopping on the shoulder. If there is absolutely no alternative to parking on a ramp, choose an on-ramp (where speeds are slower) rather than an exit ramp.

Stress the need to warn others. Under 392.22, drivers who stop on the shoulder must immediately activate their emergency flashers and then place their reflective triangles or flares within 10 minutes. There’s no exception for exit or entrance ramps.

Compliance and safety

Drivers must not only comply with the hours-of-service limits but also help ensure highway safety for everyone. Make sure your drivers plan ahead and avoid parking on ramp shoulders at all costs. They just may prevent a tragedy.

Key to remember: A recent fatal crash highlights the need to remind your drivers about the perils of trying to park on a highway entrance or exit ramp.

Limitations

• Dangerous Goods Carried by Passengers or Crew (2.3)— Provisions for battery-powered mobility aids have been revised to include reference to the guidance on the end-to-end processes associated with the carriage of mobility aids.

Packing

The following packing instructions have been updated:

• 5.2.0.9 - Added a water capacity limit for non-refillable cylinders containing a flammable gas, limited to a water capacity not exceeding 1.25 L.
• PI 952 - Revised to include reference to "equipment."
• PI 954 - Clarified the rules for marking overpacks containing dry ice. The total net quantity of dry ice in the overpack must be marked on the outside of the overpack.

Packaging specifications and performance tests

• 6.0.3 - Clarified the requirements and formatting for UN specification marks on packages.

Documentation

• 8.1.6.9.2, Step 6 – Added a note to "reinforce that there is no requirement for the type, number and net quantity in inner packagings within the outer packaging of a combination packaging to be shown" on the shipping papers (Shippers Declaration for Dangerous Goods).

Radioactive materials

• 10.8.3.9.1—Added an additional example of the description for the first sequence of information on the Shipper's Declaration to address where a radioactive material has a subsidiary hazard, and the proper shipping name must be supplemented by the technical or chemical name.
• 10.8.6—Added two examples to show how radioactive materials with a subsidiary hazard should be described and how packages in an overpack should be shown.

Appendices

IATA has added a new appendix to the list of appendices in the DGR. Appendix H includes a list of changes IATA will make to the 2025 IATA DGR. IATA added Appendix H so that shippers and carriers have time to prepare for the substantial updates that are coming for 2025. Some of the changes include:

• Adding an exception for data loggers and cargo trackers with installed lithium batteries.
• Modifying the exception for COVID-19 vaccines to now apply to all pharmaceutical products.
• Adding a new classification for sodium ion batteries.
• Updating the list of dangerous goods and special provisions.
• Amending and adding several packing instructions.
• Revising the "lithium battery mark", which will be known as the "battery mark" in the future.

Making sure you are keeping up with these regulatory changes and preparing for future updates is extremely important if you want to avoid costly delays, fines, and lost revenue. Keep your hazmat employees up to speed and inform them of any changes they need to be aware of.

Key to Remember: IATA updates their DGR every year and changes to the 2024 IATA DGR become effective on January 1, 2024.

The utility exemption explained

This exemption applies to drivers of vehicles that qualify as “utility service vehicles” as defined in 395.2.

Here is a critical point: The vehicle/driver must meet all three requirements listed in the definition of a utility service vehicle provided in 395.2 to be able to use this exemption. The three requirements are:

• The driver/vehicle must be repairing, maintaining, or operating structures or other physical facilities necessary for the delivery of public utility services,
• The driver/vehicle must be involved in activities related to the ultimate delivery of utility services to the consumers, and
• Except for any occasional emergency use, the driver/vehicle must operate primarily within the service area of a utility’s subscribers or consumers.

Drivers involved in building new utility structures in general are not eligible for this exception. However, if the driver is going back and forth from new construction to repairing, maintaining, or operating utility infrastructure, the driver will be covered by the exemption when involved in these activities, but not covered while involved in new construction.

When involved in new construction and covered by the hours-of service requirements, the driver would have to follow the limits in the hours-of-service regulations and maintain a log (or a time record if the 150 air-mile exemption applies). If the driver had to complete a log more than 8 days in the previous 30 days, the driver would have to use an electronic log on the days the driver is required to log.

Is there an exception?

There’s a limited exception for certain intermittent or reduced schedule leaves. If the need for leave is foreseeable because of planned medical treatment, or if the employer agrees to intermittent or reduced schedule leave for bonding with a healthy child, the employer may temporarily transfer the employee to an available alternative position. The employee must be qualified for the position, however, and the position must better accommodate the recurring leave than the employee’s regular job.

This exception doesn’t apply when the leave is unforeseeable, such as during episodic flare-ups related to a chronic condition.

When the employee requests a different arrangement

The FMLA doesn’t prohibit employers from agreeing to an employee’s request for a different shift, schedule, or position when the employee returns from leave. However, employers may not pressure or require the employee to accept a different position against the employee’s wishes.

Applies to any accommodation

This rule applies to any workplace accommodation. For example, in lieu of leave, an employer may not require an employee to:

• Work from home,
• Use modified equipment, or
• Accept changes to a workstation.

No undue hardship defense under the FMLA

Unlike the federal Americans with Disabilities Act, the FMLA doesn’t include an undue hardship defense. This means that employers may not deny FMLA leave because the employee’s absence creates staffing challenges, affects productivity, or burdens a department.

Key to remember: If an employee is entitled to FMLA leave, the employer may not require the employee to accept an accommodation instead of taking that leave.

Get it in writing

Under the FMLA, if an employee gives clear, unmistakable notice of the intent not to return to work after leave ends, the employer obligations under the FMLA cease. This means the employer doesn’t have to maintain health benefits (subject to COBRA requirements) or restore the employee to the job held before leave began.

Employees don’t have the right to continue to take FMLA leave or have other FMLA protections after they resign, but employers should wait to stop such protections until they accept and acknowledge such a decision.

These employer obligations continue, however, if the employee indicates they might be unable to return to work but expresses a continuing desire to do so.

Employers that receive information that an employee will not be returning to work should get written documentation confirming the employee’s intent and acknowledge whether the notice will be accepted.

Employees might not realize that such a decision could result in an end to their group health care coverage earlier than expected. They might think that the coverage would continue through the originally scheduled FMLA leave.

Periodic updates can help avoid surprises

Employers may require employees on FMLA leave to report periodically on their status and intent to return to work. The employer policy regarding such reports may not be discriminatory and must consider all relevant facts and circumstances related to an employee's leave situation.

Such updates, however, can help avoid surprises, like finding out that employees won’t be returning to work. Employees on FMLA leave after having a baby could, for example, provide such updates every couple of weeks. The updates can ask for information confirming when the employee is expected to return to work.

During such updates, employers can remind employees that they risk losing their group health care coverage instantaneously if they indicate they will not be returning to work.

Employers might not want to share such information to avoid risking an employee keeping secret their intent not to return to work until the end of the full FMLA leave period.

Employers may also require that employees give reasonable notice (i.e., within two business days) of the changed circumstances, where foreseeable.

Key to remember: If employees indicate that they will not return to work after FMLA leave, employers’ obligations to continue FMLA protections end, but employers should first accept and acknowledge such a decision in writing.

Employers can make a positive impact

Many cases of workplace violence are committed by people who have a personal relationship with the victim. When the perpetrator is an employee’s spouse or domestic partner, they could bring conflicts from home to the workplace. When a victim leaves an abusive situation, the one place the abuser knows the victim will be every day is at work. That’s why domestic violence presents a unique set of challenges for employers, supervisors, and company security staff.

When survivors of domestic violence don't know their workplace rights, and employers aren't familiar with the protections that exist, everyone can be left more vulnerable.

Research from Futures Without Violence shows that this knowledge gap is significant. In a 2025 survey, 53 percent of survivors said they chose not to disclose abuse to their employer because they feared discrimination, retaliation, or losing their job. Additionally, 71 percent said they didn’t know whether their local or state laws offered employment protections for workers experiencing domestic violence, dating violence, sexual assault, or stalking.

Time off

Federal law doesn’t currently require or regulate vacation pay, holiday pay, or other paid time off (PTO). Some states and cities, however, have adopted laws for paid sick leave or other PTO.

While there’s no current federal law that requires a company to provide paid vacation, it may be required to provide other types of leave, whether paid or unpaid, in certain situations. Several states require paid sick leave, and several others require unpaid but job-protected leave for victims of domestic violence.

Virginia, for example, has a new paid sick leave law that takes effect on July 1, 2027. This law specifies that employees may take paid time off related to domestic violence, sexual assault, or stalking of the employee or family member, among other leave reasons.

What else can employers do?

Aside from complying with requirements under state or local laws, employers could consider implementing company training — similar to sexual harassment prevention training — to educate workers on what domestic violence is and how the company can support victims.

This could be done by:

• Promoting a company’s employee assistance program,
• Connecting employees with community resources, or
• Allowing employees flexibility with their schedules to attend court hearings or deal with other related issues.

Employers can also encourage victims to come forward to HR or their supervisors. That way those working at the front desk can keep an eye out for the perpetrator and/or prohibit them from entering the building. An employer could also have the perpetrator’s calls blocked, or reach out to local law enforcement for additional support if needed.

Shining a light on domestic violence and encouraging employees to share concerns with employers can help protect everyone.

Key to remember: October is Domestic Violence Awareness Month. Employers can support employees who are being victimized and create safer workplaces for all.

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.

Build the relationship before it's needed

The best time for organizations to meet with local responders isn’t during an emergency. Facility tours, pre-incident planning meetings, and joint exercises allow both sides to learn from one another. Responders can become familiar with facility layouts, hazards, and access procedures. Facility personnel can better understand responder capabilities, equipment, and response expectations.

These conversations also help identify potential issues before they become problems. Questions about after-hours access, communication protocols, command structure, specialized hazards, or monitoring capabilities are much easier to answer during a planning meeting than during an active emergency.

Perhaps most importantly, these interactions build trust and familiarity, both of which can improve communication when pressure is high.

Why familiarity matters

When responders arrive, they often need information quickly to make critical decisions. The more they know beforehand, the more effectively they can respond. During an emergency, responders don't have time to learn the facility from scratch.

Consider some of the questions they may need answered:

• Are there gates, badge-controlled doors, or other security measures?
• Are there any areas with restricted access?
• What hazardous materials are onsite, and where are they located?
• Which utilities, fire department connections (FDCs), or processes may need to be shut down?
• Who has authority to make decisions during the incident?
• Which employees have specialized knowledge of equipment, chemicals, or operations?
• How can responders access the facility after normal business hours?

Without those answers, valuable time can be spent gathering information instead of managing the emergency.

The relationship goes both ways

Organizations sometimes assume responders have every resource they might need. In reality, responder capabilities can vary by jurisdiction, equipment availability, and specialized training.

For example, a local department may have standard atmospheric monitoring equipment but may not carry instruments designed to detect every chemical present at a facility. Certain incidents may require additional resources, technical expertise, or support from a regional hazmat team.

Understanding those capabilities and limitations before an emergency occurs helps both organizations and responders establish realistic expectations, identify resource gaps, and avoid surprises when an incident occurs.

Don't rely on paperwork alone

Many organizations already share hazard information through regulatory programs. Facilities subject to EPCRA requirements may provide chemical inventory information that helps emergency planners understand potential community hazards, but that information doesn't replace direct conversations and site familiarity.

Responders also benefit from information such as facility maps, building access points, utility shutoff locations, hazardous material storage areas, emergency contacts, and site-specific response considerations.

Responders don't need every document an organization has ever produced. What helps most is having key information organized, accessible, and available before an emergency occurs.

Strengthen the partnership

To strengthen relationships with local emergency responders:

• Arrange facility tours to familiarize responders with the site;
• Review emergency plans, major hazards, and available resources together;
• Confirm after-hours access procedures;
• Identify primary and backup emergency contacts;
• Provide updates when processes, layouts, or chemical inventories change; and
• Conduct joint drills or exercises.

Key to remember: First responders shouldn't be learning about a facility during an emergency. The best emergency responses are built on relationships, communication, and shared understanding long before 911 is called.

Hotline complaint leads to investigation, report

The OIG’s investigation stemmed from a September 2025 hotline complaint alleging OSHA had performed a planned program inspection on the complainant earlier that year even though the complainant’s business was allegedly exempted by OSHA’s appropriations rider. A recurring congressional appropriations rider generally prohibits OSHA from using appropriated funds for enforcement activities involving employers that have 10 or fewer employees and operate in designated low-hazard industries. However, the agency can still inspect an otherwise-exempt employer in certain circumstances, including:

• Health hazards;
• Fatalities, or hospitalizations of two or more employees;
• Imminent danger; and
• Complaints from current employees.

In response to the complaint, the Inspector General reviewed OSHA Information System (OIS) inspection data from November 8, 2024, through January 21, 2026. (The review did not include supporting case files.) The analysis found OSHA initiated and closed 621 inspections that met the exemption criteria. Of those, the report says 140 clearly involved a permissible exception, while:

• 201 had insufficient OIS data demonstrating an exception applied, and
• 280 had no permissible exceptions supported by OIS data.

These issues, the OIG states, may have stemmed from control weaknesses in OSHA guidance and issues with data reliability: “Therefore, OSHA may have conducted 481 impermissible inspections that did not comply with its appropriations acts.”

Following a preliminary review of 27 case files, OSHA found four that did not meet any exceptions allowed under its appropriations acts. The agency also found coding errors with the other 23 inspections. OSHA officials indicated the overall issue was likely due to coding errors rather than impermissible inspections and stated it would need to perform an in-depth review of case files to confirm. The Inspector General noted that this raises concerns about overall data reliability and that both issues (i.e., coding errors, impermissible inspections) warrant immediate attention from agency management.

OSHA pushes back on findings

In response to a draft of the September 24 memo, OSHA officials disagreed with the findings, citing the Inspector General’s lack of familiarity with the OIS and its data fields and its limited review of the inspection information for each inspector or investigation as the reason for its “unsupported conclusions.” The agency also argued that the OIG did not adequately account for OSHA’s procedures, management reviews, or the fact that inspectors sometimes need to begin an investigation to determine whether the exemption or an exception applies.

OIG recommendations to OSHA and DOL

The Inspector General stated that, ultimately, OSHA’s response did not change the OIG’s conclusion, and four recommendations were made to OSHA:

1. Review all 481 identified inspections to determine whether they complied with the appropriations acts and take appropriate action based on the results.
2. Establish adequate controls to prevent impermissible inspections and to document permissible exceptions in both the OIS and case files.
3. Update guidance to specify which employee-related field to use when determining if enforcement exemptions and limitations apply under OSHA’s appropriations acts.
4. Improve OIS data accuracy through data-entry controls and validation against case-file documentation.

The Inspector General also recommended that the Secretary of Labor conduct an investigation to determine whether OSHA failed to comply with the Antideficiency Act. The OIG noted that if the DOL ultimately determines that a violation occurred, federal law requires reporting to the President and Congress, with a copy provided to the Comptroller General.

OSHA’s consideration of the recommendations is ongoing, and the OIG says it looks forward to continuing its work with OSHA “to ensure planned corrective actions meet the intent of our proposed recommendations.” It should be noted that the Inspector General did not audit supporting case file documentation and therefore drew no conclusions on whether OSHA complied with its appropriations acts.

Key to remember: A DOL OIG investigation found that OSHA may have conducted certain small employer inspections that did not comply with its appropriations acts. OSHA disputes the findings, and its review of the cases and the OIG’s recommendations is ongoing. For employers, the Inspector General’s report is a reminder that some small employers in low-hazard industries may be subject to special limits on OSHA enforcement.

2 Feet

There are two circumstances where the number 2 comes into play.

• Spoil piles must be at least 2 feet from the edge of an excavation or trench provided the surface is able to support such a load.
• If using a trench box or other engineered protection system, the bottom of the protection system cannot be more than 2 feet above the bottom of the trench or excavation.

4 Feet with 25 feet

Four feet is the trench or excavation depth that triggers the requirement to have a means of egress such as a ladder. Depending on the length of the trench/excavation, the maximum travel distance to or between egress points is 25 feet.

5 Feet

A protective system is required for trenches and excavations 5 feet deep or deeper unless a competent person determines the excavation is entirely in stable rock.

6 Feet

If employees are working near the edge of a trench/excavation with a depth of 6 feet or more, then fall protection/prevention is required.

20 Feet

If the depth of a trench/excavation is greater than 20 feet, then the protective system must be designed and approved by a professional engineer. While this number quiz does not encompass every aspect of trench/excavation safety, it may help reinforce key concepts before the first scoop of soil is moved. Remember to follow specific jobsite requirements for each trench and excavation.

Reclassification impacts downstream chemical users

According to 1910.1200(j), chemical manufacturers, importers, and distributors evaluating substances (see the definition in 1910.1200(c)) based on the new classifications had until May 19, 2026, to:

• Reclassify the substances under revised criteria,
• Update their safety data sheets (SDSs) and shipping labels for these substances, and
• Otherwise be in compliance with all the modified provisions of the standard for those substances.

Hazard classification is the process of identifying a chemical’s hazards and determining how severe those hazards are. Chemical manufacturers and importers use 1910.1200(d), along with Appendix A (for health hazards) and Appendix B (for physical hazards) to make these determinations. When OSHA aligned HazCom with Revision 7 of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) in 2024, the agency revised its classification categories for aerosols, desensitized explosives, and flammable gases.

Once a classification is determined, it dictates the warnings, pictograms, hazard statements, and other safety and health information that must appear on SDSs and shipping labels. OSHA explains that the classification should provide downstream users with sufficient information to perform a hazard assessment specific to their own workplace and to understand how employees must use the chemical product there.

How the November 20 deadline impacts employers

Employers who purchase substances that are aerosols, desensitized explosives, and flammable gases will receive (or may already have received) revised SDSs and see updated container labels with their shipments.

In addition, according to 1910.1200(j), all employers must, as necessary:

• Update any alternative workplace (in-house) labeling per 1910.1200(f)(6);
• Update their HazCom training program required by 1910.1200(h)(1); and
• Provide additional employee training in line with 1910.1200(h)(3) for newly identified physical, health, or other hazards covered by the standard.

Employers will also need to retain any new SDSs they receive. However, if they have not purchased new inventory, they’re not required to contact the manufacturer, importer, or distributor for a new SDS. Still, an employer may proactively request new ones from their suppliers anyway.

Further HazCom compliance dates in paragraph (j)

Chemical manufacturers, importers, and distributors evaluating mixtures (as defined in 1910.1200(c)) based on the new classifications have until November 19, 2027, to reclassify them based on the new criteria, update their SDSs and shipping labels, and otherwise be in compliance with all the modified provisions of the standard for those mixtures.

Also, for mixtures, employers have until May 19, 2028, to update any alternative workplace labeling, update their HazCom training program, and provide additional employee training for newly identified physical, health, or other hazards.

Key to remember: OSHA paragraph (j) to 1910.1200 has several compliance dates for chemical manufacturers, importers, distributors, and employers. One date has already passed, and the next one (November 20, 2026) applies to employers. Two more are slated for November 19, 2027, and May 19, 2028.

What is “chip guarding”?

“Effective chip guarding” means any method or equipment which will prevent a chip or particle (of whatever size) from being blown into the eyes or unbroken skin of the operator or other workers.

Effective chip guarding may be separate from the air nozzle as in the case where screens or barriers are used. The use of protective cone air nozzles are acceptable in general for protection of the operator, but barriers, baffles or screens may be required to protect other workers if they are exposed to flying chips or particles.

What about the psi requirement?

The regulation requires the psi at the nozzle to be less than 30 when using compressed air for cleaning.

However, OSHA has said in interpretive guidance that the use of compressed air for cleaning purposes at pressures at or greater than 30 psi is permissible if the outlet or source is fitted with a relief device or air ports that drop the pressure to less than 30 psi if the flow is dead-ended.

What about cleaning clothing/bodies?

While the regulation does not specifically address the issue, in a letter of interpretation OSHA said that employers should not allow employees to use compressed air for cleaning themselves or their clothing in general industry situations. The eyes and other body parts, such as the respiratory system, may be damaged as the result of inadequate personal protective equipment, lack of chip guards, and/or uncontrolled release of compressed air.

The dangers

There are numerous dangers of improperly using compressed air:

• Embolism: If compressed air enters the bloodstream through a body opening or skin break, it can create an embolism (air bubble) that can be life threatening.
• Eye damage: Particles that are being blown can “blow back” and strike the eyes. The air itself can also cause injury if it is pointed toward the eyes.
• Hearing loss: Some compressed air equipment can be loud enough to damage hearing. Always wear proper PPE.
• Combustible dust: If compressed air is used to blow certain dusts, it can create a suspension in the air that could ignite if there is an ignition source.
• Respiratory: Particles or air can enter the respiratory system, posing deadly hazards.
• Whips: If not properly secured, hoses can whip and cause severe injury.

Workers must be trained that even extremely low pressures, such as 5 or 10 psi, can still cause severe damage if pointed toward the body, particularly the mouth, eyes, ears, or open areas in the skin.

Employers should train employees on the dangers of compressed air, and ensure the equipment is equipped with the necessary safety features and is properly maintained.

Supervisors should watch for improper use, particularly horseplay, and initiate corrective action. In addition, for many applications, a broom or shop vacuum may be just as effective at cleaning, and much safer. Compressed air may seem harmless, but if strict safeguards and practices are not utilized it can be deadly.

Other exit signage requirements to consider

The International Fire Code (IFC) was not adopted by OSHA; however, it’s likely to be referenced by local fire marshals. The IFC states, “Exit signs are not required in rooms or areas that require only one exit or exit access.” Generally, a room or area that holds fewer than 50 people is permitted to have only one exit. These rooms are typically smaller with an exit that is close and obvious, so an exit sign shouldn’t be needed inside the room. For example, individual offices, small conference rooms, storage rooms, and bathrooms usually don’t have exit signs because the way out is obvious.

Additional requirements for office exits require they:

• Are free of obstructions. No materials or equipment may be placed, either permanently or temporarily, within the exit route.
• Are arranged so that employees aren’t required to travel toward a high hazard area unless the path of travel is effectively shielded from the high hazard area by suitable partitions or other physical barriers.
• Don’t pass through a room that can be locked, such as a bathroom, to reach an exit or exit discharge, or lead into a dead-end corridor.
• Are adequately lighted so that an employee with normal vision can see along the exit route.
• Have each exit route door be free of decorations or signs that obscure the visibility of the exit route door.

Key to remember

When considering exit signs for smaller offices, employers must determine the size of the room, path of travel to an exit, and how obvious the exit would be based on room size. Generally, a room intended to hold fewer than 50 people is permitted to have only one exit and would not require an exit sign.