FMLA: How to handle first, second, (and even third) opinions

What’s changing and why it matters

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

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

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

Key areas of impact

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

Steps to take now

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

Looking ahead

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

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

Why EPA wants to eliminate paper manifests

EPA’s reasoning is pretty straightforward. Paper manifests are slower, easier to lose, and more prone to errors. They rely on manual handling and delayed processing, which can create gaps in tracking and compliance. A fully electronic system, on the other hand, allows for real-time visibility, standardized data entry, and faster correction of mistakes. It also gives regulators a clearer, more immediate picture of what’s happening across the entire waste life cycle.

Addressing one of the biggest digital barriers: signatures

One overlooked part of the proposed rule is how EPA is trying to solve one of the biggest barriers to going fully digital, which is signatures in the field. Anyone who has dealt with manifests knows that the weak point is often the hand-off between the generator and the transporter, especially when drivers don’t have system access or reliable connectivity. To address that, EPA is proposing new functionality that would allow users to sign manifests using quick response (QR) codes or even short message service (SMS). In practice, this could mean a driver scans a QR code or receives a text prompt, then completes the signature process directly from their phone. So, no login or full system access needed. EPA is also exploring the ability to use SMS and QR-based tools to make updates to manifest data without needing full system permissions. That’s a big deal operationally, because it removes one of the most common bottlenecks in needing a registered user at a specific site to make even minor corrections.

Operational challenges companies should expect

With that said, moving to a fully digital system still comes with potential issues. It requires coordination across your entire operation. Generators, transporters, and disposal facilities all have to be aligned and capable of using the system effectively. If one party in that chain struggles, it can create delays or compliance issues for everyone involved. There’s also an upfront investment to consider. Companies may need to upgrade internal systems, ensure reliable connectivity, and train employees in new work processes. For organizations with multiple sites or field operations, which can take some planning. But over time, many of those burdens are expected to decrease. Electronic signatures, reusable templates, and centralized record-keeping can significantly reduce administrative work.

One of the biggest shifts employers will notice is the level of visibility. With paper manifests, there’s often a lag between shipment and final documentation. In a digital system, that lag disappears. Information becomes available almost immediately, and regulators have access to the same data. That means errors or discrepancies are easier to find and harder to ignore.

The good news is that companies don’t have to wait for the final rule to start preparing. Taking a close look at your current manifest process is a good first step. If paper is still a major part of your workflow, that’s a clear signal that changes are coming. Making sure your e-Manifest account is fully set up and that employees understand how to use it, will go a long way in avoiding future disruptions.

Keys to remember: The EPA’s proposed Paper Manifest Sunset Rule would set a firm date to phase out paper hazardous waste manifests and require that all covered shipments be tracked through the agency’s electronic e‑Manifest system, in which the Agency says will improve hazardous‑waste tracking and transparency while reducing administrative burden and saving regulated entities roughly $28.5 million per year.

What is used oil?

The EPA defines used oil as any petroleum-based or synthetic oil that has been used and is contaminated by physical or chemical impurities. Common sources of used oil in industrial operations include:

• Motor oil and lubricants from vehicle maintenance
• Hydraulic fluids used in heavy machinery
• Metalworking fluids and coolants
• Compressor oils used in air compression systems

According to EPA regulations (40 CFR Part 279), used oil is presumed to be managed under the less stringent used oil management standards unless it meets hazardous waste criteria.

Used oil becomes hazardous waste if:

• It is mixed with hazardous waste (e.g., solvents or heavy metals)
• It contains more than 1,000 parts per million (ppm) of total halogens, unless proven otherwise, or
• It is disposed of improperly, leading to environmental contamination.

If used oil is classified as hazardous waste, it must be managed in accordance with the applicable solid and hazardous waste requirements.

EPA requirements for used oil disposal

The EPA requirements for used oil consist of three different aspects, as outlined below.

1. Storage Requirements

Use leak-proof tanks and containers made of durable, non-earthen materials (e.g., steel, plastic, or concrete). Label all used oil containers with the words "Used Oil" to prevent misidentification. Prevent leaks and spills by using secondary containment systems and regularly inspecting tanks. Never mix used oil with hazardous waste unless authorized.

2. Transportation and Disposal

Used oil generators may transport up to 55 gallons of used oil to a registered collection center without an EPA ID number. If contracting a used oil transporter, ensure they have an EPA Identification Number.

Used oil must be:

• Recycled or re-refined into new oil.
• Burned for energy recovery in approved furnaces or boilers.
• Disposed of at an authorized hazardous waste facility if deemed hazardous.

3. Spill Prevention and Cleanup

Facilities storing large amounts of used oil must have a Spill Prevention, Control, and Countermeasure (SPCC) Plan. SPCC plans establish procedures, methods, and equipment requirements to prevent oil from reaching waterways, and to contain discharges of oil.

Any spills must be cleaned up immediately, and absorbent materials must be disposed of properly. Rags and shop towels contaminated with hazardous materials may be classified as hazardous waste.

OSHA regulations for handling used oil

While the EPA focuses on environmental compliance, OSHA (29 CFR Part 1910) regulates worker safety when handling used oil. Key OSHA requirements include:

1. Personal Protective Equipment (PPE)

Workers handling used oil must wear gloves and protective clothing to prevent skin exposure. Safety goggles or face shields are also important to avoid eye contact.

2. Hazard communication (HazCom) program

Employers must label all used oil containers with appropriate hazard information and train employees on safe handling procedures and emergency response.

3. Fire and Explosion Safety

Always store used oil away from ignition sources to prevent fire hazards. Ensure storage areas are ventilated to avoid vapor buildup.

State-Specific used oil disposal regulations

Many states have stricter used oil regulations than federal laws. For example:

• California classifies used oil as hazardous waste unless it meets specific recycling criteria.
• Texas requires additional storage permits for large generators.
• New York mandates annual reporting on used oil disposal activities.

To ensure compliance, check with your state’s environmental agency for state-specific used oil disposal rules and whether used oil is considered hazardous. Additional permits for transporting or processing used oil may be necessary.

Staying compliant with used oil disposal requirements

Ensuring compliance with EPA, OSHA, and state laws is essential for safety managers and shop supervisors handling used oil. By following proper storage, transportation, and disposal practices, businesses can reduce environmental risks, improve workplace safety, and avoid costly fines.

Key to remember: By staying informed and proactive, your facility can maintain safe, sustainable, and compliant used oil management practices.

What’s effluent?

There’s no specific statutory or regulatory definition of “effluent.” Thankfully, a 1997 document from EPA entitled Terms of Environment: Glossary, Abbreviations, and Acronyms, Revised December 1997 (EPA 175-B-97-001) provides clarity, defining effluent as “wastewater — treated or untreated — that flows out of a treatment plant, sewer, or industrial outfall.”

What’s the difference between effluent guidelines and limitations?

There are subtle but important distinctions between these two terms.

Effluent guidelines (also known as effluent limitations guidelines and standards or ELGs) are the national industrial wastewater discharge standards established by EPA for all facilities in an industrial category.

The federal agency develops effluent guidelines based on the performance of the best available technology that’s economically achievable for an industry. Notably, effluent guidelines are technology-based; they’re not based on risk or impacts to receiving waters (i.e., water quality-based).

Federal effluent guidelines (40 CFR Subchapter N) for direct dischargers of industrial wastewater are implemented through the NPDES permitting program.

Effluent limitations are any restrictions imposed “on quantities, discharge rates, and concentrations of pollutants” from industrial wastewater discharges (122.2). Simply put, effluent limitations are the specific numeric and non-numeric requirements developed for facilities to comply with the effluent guidelines. Unlike effluent guidelines, effluent limitations may be both technology- and water quality-based.

Most states issue NPDES permits, except for the District of Columbia, Massachusetts, New Hampshire, and New Mexico, where EPA serves as the permitting authority. The permit writer develops effluent limitations for NPDES permits and issues them to facilities. The permit may be general (covering multiple facilities with similar operations and discharges) or individual (customized with site-specific conditions).

What’s the bottom line? Effluent guidelines aren’t directly enforceable permit conditions, whereas effluent limitations are.

What are the types of effluent limitations?

Two categories of effluent limitations may appear in NPDES permits:

• Technology-based effluent limitations (TBELs), and
• Water quality-based effluent limitations (WQBELs).

TBELs are based on available treatment technologies and require facilities to meet a minimum level of treatment of pollutants in wastewater discharges.

WQBELs apply only when TBELs aren’t enough to achieve water quality standards. States develop total maximum daily loads (TMDLs). A TMDL is the maximum amount of a pollutant that can be discharged into a waterbody while still meeting the water quality standards. Specific portions of the TMDL are then allotted to permitted facilities (called wasteload allocation). Facilities can’t release more than their allocated amounts.

Any applicable wasteload allocations are incorporated into a facility’s NPDES permit.

Do facilities have to use specific control technologies?

Although EPA’s effluent guidelines are based on the use of a specific control technology, facilities aren’t required to install the same technology system. As long as they comply with the standards, facilities may implement other treatment technologies.

Key to remember: Understanding effluent limitations is key to complying with industrial wastewater discharge permits.

The rule overview

The STHAF rule is found in 21 Code of Federal Regulations Part 1 and applies to vehicles, transportation equipment, operations, training, and records involved in food transportation.

STHAF high-level requirements include:

• Vehicles and equipment used to haul food must be suitable, sanitary, and cleanable.

• Equipment must be always kept clean and sanitary.

• Trailers, totes, tanks, pallets, hoses, and pumps must be designed and maintained to prevent contamination.

• For temperature - controlled foods, equipment must maintain required temperatures throughout transport.

• Vehicles must be maintained to prevent pest harborage (e.g., rodents, insects), and contamination from damage (e.g., exposed insulation).

Shipper responsibilities

Shippers have the ultimate responsibility for the sanitary transportation of their food but may assign duties to carriers through written agreements. This means that carriers should be prepared to follow shipper requirements for:

• Cleaning and sanitation,

• Temperature control and reporting in-transit, and

• Inspection procedures at origin and destination.

Carriers may also be delegated responsibility for ensuring:

• Vehicles meet shipper specifications;

• Required cleaning and sanitizing is done;

• Vehicles are properly precooled before loading;

• Food segregation from raw food or non-food items;

• Temperature is monitored and documented during transit; and

• Proof of prior cargo and most recent cleaning is provided for bulk vehicles, if requested.

Loader and receiver responsibilities

Loading and receiving facilities have a responsibility for maintaining temperature-sensitive food safety, as well.

Loaders must:

• Inspect vehicles, trailers, and containers for sanitary conditions, and

• Verify trailers are adequately precooled.

Receiver must:

• Check for in‑transit temperature abuse,

• Verify food and vehicle temperatures, and

• Inspect for unusual odors.

Carrier policies and procedures

The rule doesn’t prescribe how cleanliness and sanitary conditions must be maintained. That depends on carrier policies and procedures along with following express requirements set forth in shipper contracts.

Basic carrier policies and procedures should cover areas, such as:

• A mandate to repair interior damage immediately;
• Prohibitions against using wooden floors and walls due to sanitation and splinters, as well as using contaminated dunnage;
• Trailer and container sanitation procedures after every haul;
• The proper separation to prevent cross-contamination;
• Precooling and temperature monitoring and reporting;
• No reuse of contaminated packaging or securement material (dunnage);
• Good hygiene by loaders and drivers, like clean clothing, handwashing, or beard nets (if required).

Training and recordkeeping

Unless assigned to the carrier by agreement, shippers must ensure drivers are trained at-hire and on a recurring basis on the following topics:

• Awareness of food safety risks during transport,

• Sanitary transportation practices, and

• Applicable food safety regulations.

Carriers must maintain records for:

• Written agreements with shippers,

• Required procedures, and

• Driver training.

Record retention guidance:

• Keep records while effective, plus 12 months;

• Records may be electronic or paper;

• Must be available within 24 hours upon request; and

• Cleaning and inspection procedures must be available onsite.

Notification of unsafe food

If a failure (e.g., temperature deviation or contamination) renders food unsafe:

• The party responsible must notify all others involved, and

• The food cannot be sold or distributed.

The only exception is if a qualified individual determines the food is still safe for consumers.

Keys to remember: Shipper, receiver and carrier adherence to sanitation procedures, is key to keeping food safe for consumption. The STHAF rule makes food safety a shared responsibility every mile of the trip.

Motor carrier responsibilities

Under DOT drug and alcohol testing rules, “actual knowledge” occurs when an employer learns of drug or alcohol use based on specific scenarios, including a traffic citation for DUI in a CDL commercial motor vehicle (CMV). A traffic citation includes a ticket, complaint, or other document charging a driver.

An employer’s actual knowledge of a Part 382 violation is treated the same as any other drug or alcohol violation (e.g., failed test, refusal to test). The motor carrier must:

• Pull the driver from all safety-sensitive functions (SSFs),
• Provide the driver with a list of substance abuse professionals, and
• Report the actual knowledge to the Drug and Alcohol Clearinghouse.

The driver’s Clearinghouse status is changed to Prohibited at this point.

Even if the driver wants to fight the charges in court, the driver can’t resume SSFs. Instead, the driver must complete the return-to-duty (RTD) process, get the citation dismissed, or be adjudicated not guilty.

Drivers who are convicted of DUI in a CDL CMV must comply with the RTD requirements and follow-up testing.

DUIs that result in ‘non-convictions’

Suppose your driver wins in court. The Federal Motor Carrier Safety Administration (FMCSA) won’t enforce the RTD process for the DUI when the citation results in a non-conviction.

The term “non-conviction” means that the charge of DUI in a CMV is dismissed without the imposition of fines, court costs, or other punitive actions, or there is an unvacated adjudicated finding of not guilty. Terms that states may use to indicate a dismissal include:

• Nolle Prosequi (Nolle Pros’d or Nolle Prossed),
• Withdrawn, or
• Discontinued.

The term “non-conviction” does not include pleading guilty to a lesser charge (e.g., reckless driving).

Petitioning FMCSA

Does FMCSA automatically update the driver’s record following a non-conviction? No, the court system doesn’t notify FMCSA of the case’s final disposition. The driver must notify FMCSA of the non-conviction by submitting a petition along with documentation. Documentation may include:

• A certificate of disposition from the court,
• A letter from a prosecutor stating that the charge has been dropped, or
• A screenshot from a court online docket system that displays the disposition.

A statement from the driver, even if provided in the form of an affidavit, will not be considered unless accompanied by documentary evidence.

The driver may resume safety-sensitive functions when FMCSA accepts the evidence and changes the Clearinghouse status from Prohibited to Not Prohibited.

The driver whose charges resulted in a non-conviction is no longer required to pursue the RTD program and follow-up testing.

Key to remember: An employer who learns of a DUI in a CDL CMV must report it as actual knowledge, even if the driver plans on challenging it in court. The driver can’t return to SSFs unless there is proof of a non-conviction or successful completion of the RTD process.

Impact on the workplace

The order doesn’t address how the rescheduling of medical marijuana impacts compliance with other federal laws, but to avoid the risk of a discrimination claim under the federal Americans with Disabilities Act, employers in states where medical marijuana is legal should treat individuals using medical marijuana as they would treat any individual using a prescription medication.

This includes having a discussion with the employee about accommodations, which may include off-duty use of medical marijuana.

In states where medical marijuana isn’t legal, employers would only need to consider accommodations for use of marijuana products approved by the FDA.

Recreational marijuana considerations

The order doesn’t legalize recreational marijuana, but does announce a June 29 hearing to evaluate broader changes to marijuana’s status under federal law.

The order notes that it doesn’t apply to synthetically derived THC, such as Delta-10 products. The final order notes that synthetically derived THC is outside of the definition of marijuana.

The order also establishes a federal licensing system for state medical marijuana manufacturers and dispensaries. It notes that states where medical marijuana is legal have established systems to regulate the sale and use of medical marijuana.

How does this affect safety-sensitive jobs?

The Drug Enforcement Administration’s reclassification order doesn’t address the impact the change would have on federal drug testing regulations. Specifically, it doesn’t offer insights into Department of Transportation (DOT) drug testing of truck drivers, airline pilots, pipeline operators, and others in safety-sensitive positions.

Before any changes can be implemented by the DOT, drug testing procedures in 49 CFR Part 40 must go through the rulemaking process.

Key to remember: The federal government has moved medical marijuana to a lower classification of drug. To reduce the risk of a discrimination claim, employers in states where medical marijuana is legal should treat it as a prescription medication to lower the risk of a discrimination claim. Employers in all states should consider accommodations for FDA-approved marijuana products.

Where documentation breaks down

Shipping papers are one of the most frequent sources of trouble. They’re essential, but they’re also complex, repetitive, and easy to get slightly wrong. A missing piece of information, an outdated description, or a mode-specific requirement that isn’t accounted for can quickly turn into a compliance issue.

Problems usually happen when something changes. A shipment moves from ground to air, an international leg is added, or a different carrier gets involved. Each change brings new requirements, and if paperwork isn’t rechecked carefully it can fall out of compliance fast.

Time pressure plays a role, too. When employees are focused on keeping freight moving, documentation can become a routine task instead of a true verification step. Small details like emergency response information or proper descriptions can be overlooked, even by experienced staff.

Labeling and placarding are familiar, but still vulnerable

Marking, labeling, and placarding issues are just as common. Missing labels, incorrect hazard classes, outdated markings, or placards that don’t match the paperwork continue to appear during inspections.

These errors often happen late in the process. Quantities change, packaging is adjusted, or materials are substituted, but labels and placards don’t always get updated to reflect those changes. When things look similar to past shipments, it’s easy to assume the markings are still correct without rechecking them.

Most of the time, this isn’t about a lack of knowledge. It’s about execution under pressure. Employees know labels and placards matter, but they still have to be current for that specific shipment, every time.

Simple checks that catch the problems early

Preventing these issues usually doesn’t require complicated processes or extra approvals. It comes down to building simple verification steps into daily workflows.

A second set of eyes on shipping papers can quickly catch missing or mismatched information. Taking a brief pause to confirm that labels and placards match the documentation usually prevents much bigger problems later. Short, consistent checks are far more effective than long, infrequent reviews.

Technology can help reinforce those checks as well. Shipping software and digital documentation tools can flag missing fields or inconsistencies before paperwork is finalized. When systems support decisions at the moment they’re made, accuracy improves and stress goes down.

Getting the basics right every time

When hazmat shipments go wrong, it’s usually because the basics didn’t line up. Documentation, labels, and placards all have to tell the same story. When one piece is off, everything else is at risk.

Hazmat shipping is inherently complex, but getting the fundamentals right doesn’t require perfection. It requires consistent attention to the details that matter most. When teams slow down just enough to verify the basics before a shipment moves, errors drop, inspections go more smoothly, and confidence goes up.

Key to remember: Most hazmat shipment issues come from small execution errors, not complex rules. Taking time to recheck paperwork and ensure labels and placards match the shipment can prevent most compliance issues.

No fishing

As proposed, the rule directs the FMCSA and other DOT agencies to avoid “fishing expeditions” without enough evidence in hand to support an enforcement claim. It also spells out what an enforcement notice should include — what rule you allegedly violated, the key facts, and what rights you have to challenge it and “avoid unfair surprise.”

Transparency is another key component. The rule will require agencies to share potentially exculpatory evidence — basically, information in the government’s hands that could help you defend yourself or reduce the penalty. The proposed version of the rule states that “making affirmative disclosures of exculpatory evidence in all enforcement actions will contribute to the [DOT’s] goal of open and fair investigations and administrative enforcement proceedings.”

The rule is also expected to reinforce the fact that guidance documents — including interpretations issued by the FMCSA and often published along with FMCSA regulations — are not legally binding. In addition, agencies will need to take additional steps in the guidance development process, such as doing cost-benefit analyses and legal review, and getting public input.

Many of the changes in the proposed rule were in place prior to 2021 but were rescinded by the previous administration.

A new era for enforcement

One of the most intriguing changes in the rule will allow motor carriers to petition the DOT to argue that their staff violated procedural requirements. If the carrier wins, the proposed remedies go beyond a scolding for the investigators. They could include:

• Removing the enforcement team,
• Excluding certain issues or evidence,
• Ordering certain factual findings, or
• Restarting the enforcement action from the beginning or from an earlier point in the proceedings.

FMCSA enforcement cases dropped dramatically last year even without the new rule; the future may hold even fewer once the proposed changes go into effect.

Key to remember: A new “rule on rules” from the DOT is expected soon, and it could change the FMCSA’s enforcement playbook.

The potted plant test

Researchers tested their theory by going into an office at night and placing potted plants by the desks of some employees. They placed office supplies on other employees’ desks.

The employees who were exposed to this small dose of nature displayed higher job performance, an increased desire to help, and enhanced creativity. No one was negatively impacted.

Bringing nature indoors

Live plants can’t be part of every work setting, but they’re not the only way to bring the benefits of nature indoors.

Nature-related elements can include:

• Windows with views of nature
• Indoor water features
• Murals of natural scenes
• Artificial plants or flowers
• Fish aquariums

Design features related to nature can also be more significant and included in building plans. For example, investing in landscaping designs outside office windows or having an indoor garden are ways to positively impact employees.

These options don’t have to break the bank or require a pot of gold, however. Simply allowing employees to place potted plants by their desks is an inexpensive way to enhance the workplace.

With a little luck, everyone will reap the benefits for having a little more green nearby.

Key to remember: Bringing natural touches to the workplace can have a positive impact on job performance, cooperation, and creativity.

Months and hours worked

For the criteria regarding whether employees have worked 12 months and 1,250 hours, employers make that determination based on when the leave will begin, not when employees put employers on notice of the need for leave.

When employees first ask for leave, they might not meet those thresholds. But when the leave is to begin, they might.

Take, for example, a pregnant employee who has worked for the company for 9 months. She tells her manager that she’s due in 6 months. At the time she told her manager about the need for leave, she hadn’t worked for the company long enough to be eligible for FMLA leave. But by the time she has the baby, she will have worked for the company for 15 months. If the employee meets the other two criteria, she’ll be eligible to take up to 12 weeks of FMLA leave for the birth of the child and for bonding time.

Location

For the last criterion, employers must take a different approach than the first two criteria. Employers determine whether employees work at a location with at least 50 company employees within 75 miles as of the date leave notice is given, NOT when leave is to begin.

Therefore, employers have to look at two different dates to determine an employee’s eligibility:

Ladders feel safe, until they’re not

Ladders don’t usually trigger a sense of risk because they’re seen as a part of everyday work. When tasks feel quick and familiar, people don’t always stop reassessing the setup. That’s how unsafe ladder habits with big consequences can develop, including:

• standing on the top step “just for a second;”
• reaching too far instead of climbing down;
• using whatever ladder is closest, not the right one; and
• skipping ladder inspections because “it worked last time.”

Ladder safety isn’t going away, and that’s not a bad thing

If ladder safety feels like a repeat conversation, that’s because the same risks keep showing up. New employees are hired; facilities and equipment changes, and old habits stick around longer than they should. Even experienced workers fall into this trap. Familiar tasks start to invite rushing. Rushing leads to shortcuts, and shortcuts are where ladder injuries happen.

Emphasis must be placed on recognizing the risk before the climb starts. This means knowing when a ladder is the wrong choice, repositioning is safer than reaching, and when a quick task deserves the same setup as a longer one.

Most incidents don’t start with bad intentions. They start with “just this once” decisions, one more rung, one quick reach, one skipped check. Effective ladder safety training is about breaking routines and refocusing attention on the decisions that make ladder work safer.

Routine work, repeat injuries

Ladder injuries follow a familiar pattern. They don’t usually come from unusual jobs or unexpected hazards, and they happen during everyday tasks that feel common. Injury reports often look the same, such as short tasks, quick setups, and decisions made under time pressure. The ladder didn’t fail. The setup and the decisions around it did.

Injury data from OSHA and the Bureau of Labor Statistics (BLS) consistently point to the same causes. That’s why the same types of ladder injuries keep occurring repeatedly, not because the hazards are unknown, but because routine work makes those hazards easier to overlook. These reasons include:

• people underestimate the risk because ladders feel familiar;
• jobs feel “too small” to stop and reset the ladder;
• time pressure encourages leaning, rushing, and overreaching; and
• experience leads to comfort, and comfort leads to shortcuts.

The rules are written in injuries

OSHA ladder requirements are built around real injury trends and are based on decades of injury data. Falls from ladders remain one of the leading causes of workplace injuries, which is why OSHA keeps ladders near the top of its enforcement priorities year after year:

OSHA 29 CFR 1910.23 defines how ladders are intended to be used, specifically prohibiting practices such as standing on the top step of a stepladder, using ladders for purposes they were not designed for, and climbing ladders that have not been inspected. These requirements exist because improper use, poor setup, and skipped inspections consistently show up in ladder fall investigations.

OSHA 29 CFR 1910.30 reinforces that preventing ladder injuries depends on training employees to recognize hazards before they climb, understand proper ladder selection and positioning, and know when a ladder is not the right tool for the task. Together, these standards emphasize that ladder injuries are not random events, they are predictable outcomes of routine decisions made during everyday work.

Small choices make a big difference

Ladder safety isn’t only about compliance. Incidents develop from a series of small, moment to moment decisions made during routine work. These choices made daily either reduce risk or quietly add to it. Ladder injuries can be avoided by taking the time to make simple improvements including:

• inspecting and securing the ladder,
• climbing down and repositioning,
• selecting the proper ladder for the task, and
• stopping when the ladder no longer feels stable or safe.

Key to remember: Take the time to choose safer setups, stay alert, and prevent routine decisions from turning into preventable injuries. When employees choose the correct ladder, reposition instead of reaching, and inspect before use, the risk of ladder injuries falls, not your employees.

Shared versus individual handbooks

Nearly 60 percent of survey respondents bought one handbook (or a few) and shared them among employees, while 42 percent provided individual handbooks for each employee. Of those who purchased one or a few, they typically kept the handbooks in central or safety-related locations, such as:

• Main offices
• Safety or compliance offices
• EHS departments
• Classroom or training spaces
• Shared libraries near Safety Data Sheet binders or training areas
• Shop floors near work areas

Use in training programs

As mentioned, the majority of those surveyed said they use safety handbooks as part of new hire, ongoing, and refresher training. This includes the following uses:

• Building or supporting existing training programs
• Creating quizzes or review questions
• Supporting skills testing (e.g., forklift, ladder, PPE)
• Providing supplementary materials for:
  • Toolbox talks
  • OSHA 30 courses
  • Job-specific trainings (e.g., load securement, bloodborne pathogens, Federal Motor Carrier Safety Regulations)

Additional survey feedback

Open-ended survey responses highlighted that some companies prefer visual presentations or digital formats over print publications, with some expressing concern that hard copy materials may quickly become outdated. Others said they use handbooks only as background reference for the EHS team and see a need to increase handbook use in their company.

Key to remember: Safety handbooks can serve as a core part of safety and health programs by giving employees and supervisors a shared reference for training conversations and expectations.

What’s happening to the body?

No one is immune from extreme heat when controls are lacking. While some workers are more vulnerable (e.g., older workers, seasonal workers, or those not acclimatized to the heat), the human body still reacts to heat when temperatures soar.

As temperatures rise, the heart pumps harder to maintain core body temperature. Blood helps millions of sweat glands in the body to send moisture to the skin’s surface, allowing heat to evaporate into the air. This process is meant to cool the body. However, when it’s extremely hot and humid, the sweat glands just can’t keep up, and cooling becomes impossible without the additional help of cooling aids.

Humidity, or moisture in the air, prevents sweat from evaporating off the skin. This keeps the body from cooling effectively which can create overheating. As the body continues to overheat, it sweats more, which results in reduced blood volume and dehydration. This can quickly lead to two additional negative consequences:

1. Blood pressure drops. The heart is required to pump more to maintain pressure so blood can reach vital organs. When blood can’t effectively reach the lungs or brain, the body begins to shut down quickly and cognitive abilities can decrease rapidly or cease altogether.
2. Dehydration ensues. Typically, by the time you feel thirsty, you are already dehydrated. Continued fluid loss means the body has nothing to create sweat with to send to the skins surface.

A lack of blood flow to vital organs, along with dehydration, lead to poor decision-making and impaired judgment, which can result in serious workplace incidents; some of which can be fatal.

What are the warning signs?

The body will tell you when it’s in trouble. Heat exhaustion warning signs begin with symptoms such as:

• Excessive sweating;
• Cool, pale, or clammy skin;
• Light-headedness from a weak pulse;
• Nausea or vomiting;
• Muscle cramps; and /or
• Unusual irritability.

These are tell-tale signs that your body is dehydrated and starting to lose the ability to self-cool. If protective measures like hydration, rest, and external cooling aren’t taken right away, heat exhaustion can quickly become heat stroke. This can happen within minutes, creating a quick downward spiral to disorientation, unconsciousness, organ shutdown, and heart failure.

How can killer heat be stopped?

Heat can be deadly, but it doesn’t have to be. By applying these simple controls and safe work practices, you can help protect workers from life-threatening heat exposure:

• Water: Ensure workers consume at least 1 quart of suitably cool water per hour (or 8 oz every 15 minutes) during excessive heat. Avoiding caffeinated or sugary drinks will also help ward off dehydration.
• Rest: Encourage workers to take frequent breaks from the heat in artificially or naturally shaded areas, where there is air movement, or in an air-conditioned area.. Ensure break areas are as close as possible to the work area and are sufficient enough to hydrate, remove PPE, and cool down.
• Shade: Provide shade areas (e.g., tents), fans, air-conditioning, or cooling stations.
• Acclimatization: Gradually increase employee exposure over time so the body isn’t more stressed in the heat, then monitor workers closely during this time.
• Administrative controls: Plan more intensive work activities for cooler parts of the day, implement a buddy system for monitoring workers, and rotate workers so frequent breaks are possible. Monitor weather conditions so work can be adjusted accordingly.
• Clothing and PPE: Provide hats and cooling gear for workers and encourage them to wear lightweight, loose-fitting, and light-colored clothing.
• Training: Train workers to understand dangerous temperatures and how to recognize and respond to symptoms of heat stress.
• Be prepared! Implement a heat injury and illness prevention plan that includes quick medical access and care.

Keys to remember: Heat becomes lethal when the body’s cooling mechanisms fail, allowing core temperature to rise beyond control. Prevention methods are essential for halting heat stress that can trigger widespread cellular damage, inflammation, and organ failure.

Health care settings

Health workers worldwide face a high risk of violence, with 8–38 percent experiencing physical attacks, while others are subjected to threats or verbal abuse, according to the World Health Organization (WHO). Most incidents involve patients or visitors. Those at greatest risk include nurses, patient-facing staff, emergency room personnel, and paramedics.

Violence against health workers harms staff well-being, morale, and retention, ultimately compromising quality of care and causing significant financial loss.

An OSHA proposed rule — ‘Workplace Violence in Health Care and Social Assistance’ — was moved to Long-Term Action status, according to the Spring 2025 regulatory agenda that was released on September 4, 2025. Long-Term Actions are items under development, but the agency doesn’t expect to have a regulatory action within the 12 months after the latest edition of the agenda.

This turn of events was surprising since OSHA had been working on a standard for preventing workplace violence in health care and social assistance settings. OSHA had planned to publish the proposed rule in the Federal Register in June 2025.

Even without a federal standard addressing workplace violence in health care, several states have their own health care violence prevention laws in place.

General Duty Clause

Although OSHA doesn’t have a workplace violence standard, employers must provide a workplace that’s free of known health and safety hazards. This is addressed in OSHA’s General Duty Clause (GDC), Section 5(a) of the Occupational Safety and Health (OSH) Act.

The following elements are necessary for OSHA to prove a violation of the GDC:

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

A general duty citation must involve both the presence of a serious hazard and exposure of the cited employer’s own employees.

During a violent incident investigation, OSHA inspectors would likely gather evidence about whether an employer knew that a potential workplace violence hazard existed and whether there were feasible means to prevent or minimize such hazards. Investigators might also look at evidence of any potential whistleblower retaliation in which workers complained about workplace violence risks or reported injuries from workplace violence incidents.

Health care facilities have been cited when staff were injured by violent patients or visitors. In one case, nurses were regularly assaulted, but the hospital had no prevention program, no staff training, and no reporting system. OSHA stepped in using the GDC. Prevention could have included de-escalation training, secure facility layouts, panic buttons, and post-incident support.

Tips for preventing violent acts

In most workplaces where risk factors can be identified, violent acts can be prevented or minimized.

Building respectful workplaces is one way to do this. The most common forms of uncivil behaviors are when employees:

• Address others in disrespectful ways,
• Interrupt those who are speaking, and
• Micromanage people to an excessive degree.

Providing employees with civility training — which differs from anti-harassment training — can help to create more respectful work environments with less conflict. While civility training isn’t only focused on preventing harassment, that could be a component.

Research has shown that incivility can be a precursor to harassment. In contrast to anti-harassment training, civility training tends to give employees positive examples of how to behave, versus actions to avoid.

The training typically includes a focus on:

• Interpersonal communication,
• Conflict resolution, and
• Effective supervisory techniques.

How civility training is presented will depend on the size of the workforce, demographics, location, industry, etc. There is no one-size-fits-all approach. The point is to get employees to be more aware of how their words and actions impact others, and how they should treat everyone with respect.

It’s also important to watch for signs that someone could turn violent. While there’s no guarantee that one or more questionable behaviors equate to a potential incident, some warning signs come from someone experiencing personal or work issues.

They could be struggling financially, going through a divorce, or having health issues. Work triggers could stem from negative employment actions, like a demotion or termination, or other types of conflict.

Key to remember: April is Workplace Violence Prevention Month. Now’s the time to focus on ways to keep all employees safe.

OSHA’s announcement on helmets vs. hard hats

OSHA released a Safety and Health Bulletin (SHIB 11-22-2023) on November 22, 2023, detailing the key differences and benefits of using modern safety helmets over traditional hard hats.

And just a few weeks later, in the December 11, 2023 Trade Release, the Agency announced it would now require its inspectors to wear Type II head protection, which is also commonly referred to as safety helmets.

The two main benefits of Type II safety helmets

The November 22, 2023 SHIB discussed two main benefits of choosing modern safety helmets over traditional hard hats -- the construction of materials and the use of chinstraps.

And while OSHA has recognized the benefits of Type II safety helmets, and is actively taking steps to protect its own employees, it’s important to understand that there is not a new requirement for employers to make the switch to safety helmets.

That being said, a growing number of employers have recognized the benefits of added head protection and are choosing to use Type II helmets for their workers. In addition, some clients are starting to contractually require their construction contractors to make the switch as well.

Understanding the different types of head protection

Hard hats will have a Type I or Type II rating on the manufacturer’s sticker. These markings are based on ANSI Z89.1’s impact ratings.

Type I hard hats protect from objects or impacts from the top center area of the hard hat and are often used in work areas with no lateral head impact hazards.

Type II hard hats, on the other hand, offers protection from both top and lateral impacts and objects and is often found on construction job sites or complex general industry settings where workers face multiple head contact exposures.

Hard hats are classified based on their level of voltage protection. See the chart below.

Choosing the right head protection for your employees

Employers should conduct a job hazard analysis and/or a PPE assessment to determine which style hard hat is best for their workers. In general, OSHA recommends the use of Type II safety helmets at the following locations:

1. Construction Sites: For construction sites, especially those with high risks of falling objects and debris, impacts from equipment, or slips, trips, and falls, safety helmets have enhanced impact resistance and additional features that offer superior protection compared to the components and construction of traditional hard hats.

2. Oil and Gas Industry: In these sectors where workers face multiple hazards, including potential exposure to chemicals and severe impacts, safety helmets with additional features can provide comprehensive protection.

3. Working from Heights: For tasks or jobs that involve working from heights, safety helmets offer protection of the entire head and include features that prevent the safety helmet from falling off.

4. Electrical Work: For tasks involving electrical work or proximity to electrical hazards, safety helmets with non-conductive materials (Class G and Class E) provide protection to prevent electrical shocks. However, some traditional hard hats also offer electrical protection.

5. High-Temperature Environments: In high temperatures or where there is exposure to molten materials, safety helmets with advanced heat-resistant properties can provide additional protection to workers.

Key to remember: While there isn’t a new requirement for safety helmets, employers should review their workplace hazards to determine which style of hard hat will best protect their employees.