From warning to winning: How CSA letters steer safety success

The importance of CPR and early defibrillation

For every minute a patient is in cardiac arrest, their chances of survival decrease dramatically. When a patient doesn’t have a pulse and isn’t breathing, CPR should be performed until an AED is available. It’s important to note that CPR alone does not restart the heart. CPR is an oxygen circulation procedure. AEDs, on the other hand, are meant for lifesaving intervention.

CPR and early defibrillation are vital components of the emergency medical services (EMS) chain of survival that increases the odds of cardiac patient survival. However, according to the American Heart Association (AHA), even the best CPR can’t provide enough circulation of oxygen to the brain and heart for more than a few minutes. In fact, a patient whose brain is deprived of oxygen for 10 minutes or more seldom recovers.

Signs and symptoms of cardiac compromise

Just like a reliable vehicle, the circulatory system is the human body’s blood transportation system, and the heart is the engine. Amazingly, the heart generates its own electrical impulses, pumping in a regular, rhythmic manner. As with any engine, the heart requires a certain amount of pressure to function and doesn’t work well when clogged with grease or debris. The most common causes of sudden cardiac arrest include a heart attack, electrocution, and asphyxiation — all of which could occur in the workplace. Common signs and symptoms include:

• Chest pain accompanied by a crushing or squeezing sensation,
• Pain that radiates to the jaw or arm,
• Irregular pulse and/or abnormal blood pressure,
• Shortness of breath,
• Cool and sweaty skin,
• Nausea and vomiting, and
• Anxiety or feeling of impending doom.

CPR provides the pressure for the body’s “engine” to oxygen circulating, while an AED provides the electrical impulses to keep the engine pumping.

OSHA requirements regarding CPR

OSHA 1910.151 requires first aid treatment be provided in the absence of an infirmary, clinic, or hospital in near proximity to the workplace used to treat injured employees. This may include assisting a victim of cardiac arrest using CPR or defibrillation.

OSHA requirements for CPR and defibrillation differ considerably. Standards requiring CPR include:

• 1910.146 Permit-required Confined Spaces
• 1910.266 Appendix B: Logging Operations – First Aid and CPR Training
• 1910.269 Electric Power Generation, Transmission, and Distribution
• 1910.410 Qualifications of Dive Team and
• 1926.950 Construction Subpart V, Power Transmission and Distribution

OSHA recommends basic adult CPR refresher training and retesting every year, and first aid training at least once every three years. CPR training include facilitated discussion along with ’hands-on’ skills training that uses mannequins and partner practice.

OSHA requirements regarding AEDs — you might need a prescription

Though OSHA recognizes AEDs as important lifesaving technology that plays a role in treating cardiac arrest, the agency doesn’t currently require their use in the workplace. Instead, OSHA wants employers to assess their own requirements for AEDs as part of their first aid response.

AEDs are considered Class III medical devices which means the Food and Drug Administration (FDA) has some oversight on their use. Almost all AEDs require the purchaser to obtain a prescription from a physician under FDA regulations. The prescription process is meant as a quality control mechanism to ensure AEDs are properly maintained, that all designated responders are properly trained, and assist employers with establishing an emergency response plan for their workplace AED program.

The AHA requires AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.” Though easy to use, each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. Additionally, AED users must be trained to understand the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.

AEDs are light, portable, easy to use, and inexpensive. They’re best placed near high-hazard areas such as confined spaces, near electrical energy, or in remote work areas. Response time to reach AEDs should be kept within 3–5-minutes.

Training requirements

Many states require or encourage CPR and AED training from nationally recognized organizations. Any AED training should include CPR training. OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as AHA, the American Red Cross, or National Safety Council is recommended.

Keys to Remember

While OSHA doesn’t currently require the use of AEDs in the workplace, they do expect employers to assess their own AED requirements as part of their first aid response. AED training is required by most states and should include CPR with a hands-on practical component.

How would they help?

The following is a summary of how the proposed changes, if finalized, would ease burdens on commercial drivers and motor carriers:

ELD manuals: Drivers would no longer need to carry a user manual (either paper or electronic) for their electronic logging device (ELD). This violation alone was cited over 3,660 times last year. Other ELD-related documents would still be required, however, such as malfunction and transfer instructions and blank logs.

Railroad crossings: Bus drivers and those hauling certain hazardous materials would no longer need to stop before crossing a railroad track equipped with an active warning device (i.e., lights or gates), as long as the device is not activated.

Accident recording/reporting: Motor carriers would no longer need to record information about accidents where the only medical treatment that occurred involved imaging (such as x-rays or CT scans) or a prescription but no treatment for diagnosed injuries or other medical interventions directly related to the accident.

Inspections

• Motor carriers would only need to complete and return roadside inspection reports to the issuing state agency if that agency requests them (though the forms must still be retained for 12 months). Currently, 49 CFR 396.9 requires that all such reports be returned within 15 days.
• Though already allowed under 390.32, the rules would explicitly allow drivers and motor carriers to use electronic drivers’ vehicle inspection reports (DVIRs).

CDLs

• Commercial driver’s license (CDL) holders would no longer need to self-report motor vehicle violations to their state licensing agency, as currently required under 383.31.
• Dual-status military technicians, regardless of whether they’re members of either the Reserves or the National Guard, would qualify for the military exemption from needing a CDL, which also means being exempt from entry-level driver training and drug/alcohol testing.

Parts and accessories

• Drivers would no longer be required to carry spare fuses. The FMCSA says today’s vehicles don’t commonly suffer from blown fuses.
• Motor carriers would no longer need to ensure that their vehicles’ rear-impact guards have a permanent certification marking from the manufacturer.
• Tractors would no longer need a working rear license-plate lamp while pulling a trailer.
• It would no longer be a violation to use fuel tanks that can be filled beyond 95 percent of their capacity. Modern liquid-fuel tanks have vented caps that can safely accommodate a 100-percent fill, the FMCSA says.
• Drivers and motor carriers would no longer need to worry about being cited if their tire sidewalls are not marked with a maximum load rating. It’s up to tire manufacturers to determine if and when such markings are required.
• Drivers would be allowed to use small gravity- or siphon-fed auxiliary fuel pumps mounted on the trailer, as long as their tank capacity is less than 5 gallons and they’re not used for operating the vehicle or while the vehicle is moving. This would be a new exception to the current prohibition in 393.65(d).
• It would no longer be a violation to operate portable conveyors used in the aggregate industry without having brakes acting on all wheels, as long as the conveyor was manufactured before 2010 and the towing vehicle is large enough.

Other changes

The FMCSA issued a few other final or proposed changes that will have limited impact:

• Liquid-burning flares will no longer be an option. Drivers will need to use solid-fuel flares or reflective triangles to warn other motorists of a stopped vehicle.
• The agency plans to remove the requirement that motor carriers retrofit pre-1994 trailers with reflective tape or reflectors, saying the requirement is no longer necessary given the passage of time.
• The FMCSA intends to remove an obsolete grandfathering provision related to an old vision waiver study program.
• The agency will remove all references to “water carriers” in its regulations, since the FMCSA does not regulate such carriers. The agency says the term was carried over from when its predecessor agencies regulated water carriers.
• The regulations no longer say that motor carriers can be fined for violating Part 40 (the DOT drug/alcohol testing rules) since the FMCSA only has authority to issue fines for its own rules under Part 382.
• Some old routing regulations in Part 356 have been eliminated. The FMCSA says it’s not authorized to impose routing limitations when granting operating authority to U.S.-domiciled carriers, making the regulations both “unlawful and obsolete.”

Take action

Though you can’t take advantage of the changes until they’re finalized (probably later this year), you can help sway whether the changes actually take place. You can go online to submit comments about any of the FMCSA’s active proposals, at www.regulations.gov. Just look for the latest dockets from the FMCSA.

Key to remember: The FMCSA has issued a wide variety of proposed rule changes that could save time and money for both motor carriers and drivers.

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.

Key changes

Updates to classifications and exceptions include:

• The term "metal powders" now aligns with the UN classification.
• List of Category A pathogens now include monkey pox virus as Category A when in culture form only. The World Health Organization now references monkey pox virus as "mpox".
• Exception for COVID-19 vaccines has been expanded to cover all pharmaceutical products packed in a form ready to be administered. This also applies to those items in clinical trials.

New entries to the List of Dangerous Goods include:

• UN0514, Fire suppressant dispersing devices, Division 1.4S.
• UN3559, Fire suppressant dispersing devices, Class 9.
• UN3554, Gallium contained in manufactured articles.
• UN355, Sodium ion batteries.
• UN3552, Sodium ion batteries contained in equipment.
• UN3552, Sodium ion batteries packed in equipment.
• UN3556, Vehicle, lithium ion battery powered,
• UN3557, Vehicle, lithium metal battery powered.
• UN3558, Vehicle, sodium ion battery powered.

Changes and additions to special provisions include:

• A40: Expands the application of liquid desensitized explosives in Class 3.
• A69: Includes reference to gallium.
• A144: Clarifies the appropriate aircraft limitation is "passenger and cargo aircraft" when the special provision is applied.
• A228: Added to clarify the classification differences between sodium ion cells and batteries with an organic electrolyte and those batteries with an aqueous alkali electrolyte.
• A232: Added to distinguish between the classification of fire suppressant dispersing devices between Division 1.4S and Class 9.

Packing instructions with changes include:

• 5.2.0.8: Amended to enhance the protection of valves on cylinders and closed cryogenic receptacles, including references to design standards for shrouds, permanent protective attachments, and valves for non-refillable cylinders.
• PI 961: Now includes UN 3559, Fire suppressant dispersing devices, ensuring they are packed safely for transport.

Finally, Appendix A includes several changes to the defined terms in the Glossary, ensuring clarity and up-to-date terminology.

The updates listed above are not the only changes to the 2025 IATA DGR. However, they do show IATA's commitment to enhancing safety and efficiency in the transport of dangerous goods. Staying informed and compliant with these regulations will ensure smooth and secure operations in 2025.

Key to remember: If you are shipping dangerous goods by air, make sure you are using the appropriate IATA DGR, so you can stay in compliance with changing requirements.

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
• Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

• The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
• The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
• Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
• A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
• Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
• Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
• Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
• The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
• If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

For-hire vs. private

For-hire carriers use vehicles to transport people or property and are paid for their service. The fee could be a direct fee like a fare or a rate but could also be other indirect forms of compensation. Examples of for-hire operations include a trucking company that hauls other people’s property for a fee (direct compensation) or a hotel that includes in its service the transportation to and from the airport to the hotel (indirect compensation).

Private carriers, on the other hand, transport only their own goods or people. Examples include a manufacturer that uses its own commercial vehicles to transport its product, a construction or landscaping company that uses commercial vehicles to transport equipment and employees to job sites, or a utility company that operates commercial vehicles in support of its operations.

For-hire operating authority

While private carriers are not required to obtain operating authority from the FMCSA, for-hire carriers are required to get authority to move property or people that belong to somebody else and get paid for their service. Having authority is often referred to as having an MC Number.

The most common types of authority are:

• Property for-hire
• Passenger for-hire
• Household goods
• Broker
• Freight forwarder

If a company never operates a commercial motor vehicle (CMV), it is possible to have authority, but not have a USDOT number. For example, straight brokers or freight forwarders.

As part of obtaining for-hire authority, carriers must designate process agents and demonstrate financial responsibility (have proper insurance coverage).

One size does not fit all

Authorities are not all-inclusive. Separate authority is needed for each type of service offered. For instance, a for-hire, over-the-road carrier that also wants to be able to resell its extra demand will need both for-hire and brokerage authorities. A company is required to pay a $300 one-time fee for each type of authority needed.

Permanent authority required

There are no temporary permits available to substitute for authority. For-hire operations may not be performed until the proper authority has been granted. It’s not uncommon for otherwise private carriers to become for-hire carriers to generate revenue on back-hauls or help balance capacity and demand during slow periods or seasons.

Getting it right

Carriers need to get it right when it comes to authority. Carriers required to have authority — but don’t and operate anyway — can get themselves into trouble. Penalties for operating without proper authority can get expensive and can result in out-of-service orders.

Equivalent, not similar

After using FMLA leave, an employee must be able to return to the same job or an "equivalent job." An equivalent job means a job that is virtually identical to the employee's original job in terms of pay, benefits, and other employment terms and conditions.

Pay and benefits

When employees return from FMLA leave, they have a right to:

• The same or equivalent pay premiums, such as a shift differential;
• The same opportunity for overtime;
• Any unconditional pay increases that occurred while the employee was on FMLA leave, such as cost-of-living increases;
• Any unconditional bonuses or payments; and
• Conditional pay increases, bonuses, or payments that are given to employees who use similar types of leave.

Generally, any benefits employees accrued before taking FMLA leave must be available to them when they return from leave. Employers may not require employees returning from FMLA leave to requalify for any benefits.

Working conditions

An equivalent position must also have substantially similar:

• Duties,
• Conditions,
• Responsibilities,
• Privileges,
• Status,
• Location, and
• Schedule.

Having someone fill in

Often, employers need to have someone fill in while an employee is on FMLA leave, particularly if the leave is continuous for several days or weeks. If they do, employers still have to reinstate the returning employee. They may not argue that the replacement worker did a better job than the original employee to deny reinstatement.

The FMLA does have some exceptions for returning key employees.

Key to remember: Employers must reinstate employees returning to work after FMLA leave to their original position or one that is virtually identical in terms that go beyond pay.

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.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

What is retaliation?

Retaliation occurs when an employer takes negative action against an employee because that employee made a discrimination claim against the employer or supported another employee’s claim.

There are three elements of an employee retaliation claim:

1. The employee opposed discrimination.
2. The employer or supervisor took adverse action, such as terminating or demoting the employee.
3. There is a connection between the protected activity and the adverse action.

Examples of employee opposition to discrimination include:

• Threatening to file a charge or other formal complaint alleging discrimination,
• Complaining to anyone about alleged discrimination against oneself or others,
• Refusing to obey an order because of a reasonable belief that it is discriminatory, and
• Requesting reasonable accommodation or religious accommodation.

“Retaliation isn’t always intentional,” Colunga said. “Sometimes it’s a mistake. An employee brings up concerns and is then punished.”

She said if a leader receives a complaint that “doesn’t feel good,” they should step back and try not to react right away by punishing the employee.”

What can an employer do?

Colunga said the first question an EEOC investigator will ask an employer when looking into a charge of retaliation or any type of discrimination is, “what is your policy, and did you follow it?”

She said a good policy clearly spells out how employees can report discrimination.

“It makes employees feel good and safe as employees if they know where to go when there are issues,” Colunga said.

She added that it’s also important to display the EEO (Know Your Rights: Workplace Discrimination is Illegal) poster in the workplace where people can see it. Investigators will look for it, she said.

When asked by an attendee about employee records, Colunga reminded employers to keep medical records separate from employee files, and to maintain files for at least one year after an employee leaves the company, or if there is a complaint, hold on to the file until the matter is resolved.

Key to remember: Retaliation has been the number one discrimination charge received by the EEOC for each of the past five years. In a recent webinar, an EEOC official advised employers that training, a strong policy, displaying the EEO poster, and good recordkeeping can help employers avoid retaliation and other discrimination charges.

#1 Start here

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

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

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

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

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

#2 Train on these topics

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

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

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

Truck-related topics include the following:

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

Workplace-related topics are examples like these:

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

#3 Determine success

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

#4 End here

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

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

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

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

Action item

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

Key to remember

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

OSHA compliance (the minimum)

In 29 CFR 1910.38 OSHA says that if your workplace falls under certain standards, you need to have an Emergency Action Plan (EAP). This plan then must cover how people will evacuate during an emergency, who’s responsible for making sure everyone gets out safely, and how you’ll account for everyone once they’re outside. However, OSHA doesn’t specifically say that you must post emergency maps.

Even though they’re not technically required, emergency maps are still “highly recommended.” OSHA even includes them in a non-mandatory appendix as a best practice. Think of them as a visual cheat sheet that helps people quickly figure out:

• where the exits are,
• which direction to go based on their location, and
• where to meet up once they are safe

In a real emergency, when stress levels are high and time is short, a clear map can make all the difference in minimizing injury and protecting lives.

Beyond just compliance

Compliance to regulatory requirements is a necessity, but is not always enough to ensure a safe workplace in all scenarios. To truly ensure safety workers, we need to dig deeper. Emergency maps enhance safety beyond compliance by:

Simplifying training: For new employees, contractors, or visitors, emergency maps provide an immediate visual reference. Instead of relying solely on verbal instructions or lengthy instructions, people can quickly see where they are and how to exit safely.

Reducing confusion: In large or complex buildings, it’s easy to get disoriented, especially in high stress situations. Clear, well-placed emergency maps help people make quick, informed decisions. They show not just exits, but can also show fire extinguisher locations, first aid kits, and safe assembly areas.

Demonstrating preparedness and proactive safety: Having visible, up-to-date emergency maps signals that your organization takes safety seriously. This can be reassuring to employees and visitors alike. It also reflects positively during inspections and audits showing that you’ve taken proactive steps to mitigate risk.

Recognizing other authorities may require it: While OSHA doesn’t require emergency maps, many local fire codes, building regulations, or industry-specific standards may. This can cause organizations to be non-compliant and face penalties without them. Additionally, insurance carriers may provide incentives to including maps in planning for emergencies.

Best practices for effective emergency maps

Overall emergency maps should be easy to read and understand, posted in visible or “conspicuous” spots like near exits, elevators, and break rooms, and updated whenever your layout or procedures change. Below is a simple checklist you can use to review your organization’s emergency maps.

Site accuracy

• Make sure all exits are easy to find on the map.
• Show where fire extinguishers, alarms, and first aid stations are.
• Point out any dangers like chemicals or machines.
• Include safe zones or meeting spots.
• Make sure the "You Are Here" marker is clear and easy to see.

Design

• Use standard symbols everyone understands.
• Include a legend to explain all symbols and icons.
• Keep the layout simple and uncrowded.
• Use high contrast between the background and text/symbols.
• Use large, easy-to-read fonts.

Accessibility

• Provide labels in different languages if needed.
• Show routes for people with disabilities.
• Consider color blindness and visual impairments in the design.
• Make the map easy to understand for all reasonable occupancies.

Placement and visibility

• Post maps at eye level.
• Place maps near exits, elevators, and busy areas.
• Make sure maps are lit up or glow in the dark in case of power outages.
• Each map should be specific to its location in the building.

Maintenance and testing

• Review and update maps at least once a year.
• Update maps after any changes to the building layout.
• Conduct drills to evaluate the effectiveness of the maps.
• Use feedback from drills to improve the maps.

Key to remember: OSHA doesn’t require posting emergency maps; however, they are strongly recommended as a best practice. Clear, visible maps help reduce confusion, speed up decision-making, and demonstrate your organization’s commitment to preparedness.

Letters of Interpretation

As clarified in an OSHA Letter of Interpretation (LOI) dated October 18, 1995, “When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred and a permit is required, regardless of whether there is an intent to fully enter the space.”

This definition of “entry” might seem to be too strict. Still, OSHA’s letter clarifies that there are situations where a partial entry would be hazardous: “Examples of situations where entry by only part of the body into a PRCS can expose an entrant to the possibility of injury or illness are as follows:

1. An entrant can possibly suffer a burn while reaching into a PRCS, which is so classified because it contains a thermal hazard.
2. An entrant can possibly fall into a below-grade PRCS while standing on a vertical ladder in the opening of the space, which is so classified because it contains an oxygen-deficient atmosphere.
3. An entrant can possibly become unconscious as result of his head accidentally entering a PRCS while they are reaching into a PRCS, which is so classified because it contains an oxygen deficient atmosphere.”

As another example, if the space contains a flammable or oxygen-enriched atmosphere, and if the activities during a partial entry could produce a spark or other ignition source, then a fire in the space could flash out of the opening and cause serious injuries to the employee.

OSHA’s guidance continues

This doesn’t necessarily mean you’d be fined if a permit wasn’t followed when someone reached a tank. OSHA’s guidance continues: “However, if entry by only part of the body does not expose the entrant to the possibility of injury or illness, then the violation may be considered a ‘de minimis’ violation.”

A de minimis violation is one in which a standard is violated, but the violation has no direct or immediate relationship to employee safety or health. These violations are documented but no citations are issued.

OSHA says examples of situations where entry by only part of the body into a PRCS would not expose an entrant to the possibility of injury or illness are as follows:

1. An entrant reaches through the opening of a horizontal PRCS, which is so classified only because it contains exposed live electrical parts ten feet from the opening.
2. An entrant puts his head through the opening of an overhead PRCS, which is so classified only because it contains unguarded rotating parts ten feet from the opening.

Also, consider a situation such as a worker reaching through a small grate to take a sample from a permitted space. The LOI further states, “If a part of the body were placed in an opening through which the worker could not pass into the permit-required confined space, no PRCS entry will have occurred.”

Keep in mind, however, that the employee would still need protection from any hazards involved in the task, but a permit would not be needed.

Key to remember

When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred, and a permit is required.

What does OSHA want to hear?

The OSHA Director of Standards and Guidance, Andrew Levinson, tells J. J. Keller® Compliance Network that if you testify, you need to provide one or more of six things to move the needle:

• Your story;
• How the rule impacts you, your workers, or your industry;
• As much detail as possible;
• Suggestions and ideas for solving issues you have with the rule;
• Supporting data, research, or evidence; and/or
• Where and why you agree or disagree with other stakeholders.

Rehashing already submitted comments will not help. That does not add new information to the record. OSHA has combed through the 43,000 public comments on the proposed rule. So, the purpose of the hearing is to allow OSHA to gather information and clarify issues. OSHA wants a clear, accurate, and complete record.

An oral presentation to summarize and clarify (not repeat word-for-word) submitted written comments is encouraged. Witnesses should also engage OSHA with “new” or “deeper” insight. Presentation slides are welcome but must be submitted to OSHA, and OSHA will control the slides at the hearing. Once expanded information gets in the docket, OSHA can use it to transform the rule text as needed.

When is the hearing?

OSHA scheduled the informal public hearing to be held over 12 weekdays:

• June 16 to 18,
• June 20,
• June 23 to 27, and
• June 30 to July 2.

The hearing will begin each day at 9:30 am and end at 4:30 pm, Eastern time. The presiding administrative law judge (ALJ) has the discretion to alter the daily schedule. After the hearing concludes, a transcript will be made available in the docket.

Who can attend?

According to Levinson, anyone may tune in to watch the virtual hearing in real time using the links provided at https://www.osha.gov/heat-exposure/rulemaking.

The period to submit a notice of intention to appear (NOITA) closed on May 2, 2025. If you did not submit your notice by then, you will not be able to testify. On the flip side, those who filed an NOITA by that date are free to testify as scheduled. The latest schedule lists the dates and times assigned to those who will be participating.

The schedule prescribes the amount of time for each witness to testify. It also allots time for OSHA representatives to question the witnesses, as well as additional time for witnesses to cross-examine other witnesses when permitted by the ALJ.

The judge will assure that proceedings are fair, orderly, and timely and follow hearing procedures. Witnesses may not use question periods as a forum for debate. That’s because the hearing is legislative, not adjudicative.

Who can submit comments?

Levinson says a 90-day post-hearing comment and legal brief period will run until September 30, 2025, subject to the discretion of the ALJ. Only those who filed an NOITA by the May 2 deadline (whether testifying or not) will be allowed to provide additional evidence and data relevant to the proceeding and to file final written briefs.

Based on its review of the public comments already submitted, OSHA intends to ask questions of those who testify. Those witnesses may choose to submit their answers during the 90-day post-hearing comment period.

What happens after that?

After the post-hearing comment period, the hearing record will be closed and certified by the ALJ. At that point, OSHA may continue to the next step. That is, the agency may analyze the rulemaking record so that it may develop and publish a final rule. OSHA’s 2025 Spring Agenda, expected in the coming days or weeks, may or may not reveal the timing of a final rule.

Interestingly, the agency’s budget request for fiscal year 2026, posted on May 30, makes no specific mention of issuing a final Heat rule in fiscal years 2025 or 2026. Instead, it indicates that OSHA is currently reviewing regulatory activities as part of a change in administration. Still, the request claims that funding will allow the agency to:

• Move priority rulemakings through the regulatory process;
• Initiate additional rulemakings, including some to update older standards; and
• Advance several deregulatory initiatives.

Current requirements

Currently, federal OSHA uses the General Duty Clause to cite employers for extreme heat hazards. States may issue their own heat illness prevention laws and regulations, making for a patchwork of requirements nationwide.

Key to remember

The OSHA hearing on the Heat proposal will run from June 16 to July 2. You may watch the proceedings virtually. The agency urges testifying witnesses to provide supporting information, not just opinions, to further the rulemaking record.

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.