Get the lead out! Keeping toxins from following workers home

Proposed legislation

Bipartisan legislation has recently been introduced in the House that would require businesses to provide restroom access to truckers who are loading or delivering cargo at their warehouses, manufacturers, distribution centers, retailers, and ports.

Supported by leading organizations in the trucking industry, the Trucker Bathroom Access Act (H.R. 9592) was introduced on Dec. 15, 2022. The bill requires retailers, warehouses, and other establishments with existing restrooms to provide access to drivers who are loading or delivering cargo. Additionally, operators of ports and marine terminals must provide access for drayage and parking while accessing such restrooms.

This amendment to Title 49 would exempt some employers from the bill including filling and service stations, and restaurants 800-square feet or smaller with restrooms intended for employee use only. The bill doesn’t require employers to construct new restrooms but to give truck drivers the same access as employees or customers.

Your restroom availability affects their health

Commercial truckers and delivery drivers are the lifeline of our supply chain of supplies, products, and consumables. Working tirelessly all hours, during holidays and weekends, and throughout the pandemic, they continue to deliver critical food and emergency supplies to companies everywhere. Employers have the privilege of demonstrating gratitude to truckers and delivery drivers with a positive work environment.

The benefits of allowing truckers and delivery drivers the convenience and safety of readily available, sanitary restroom facilities are plenty. They’re able to rest and reset when necessary, which keeps them and others safer on the roads. Equally important, restroom availability prevents drivers from having to search for available facilities elsewhere, allowing them to keep a timely delivery schedule, limit supply chain delays, and ultimately lower costs for employers and customers.

Keys to remember

The proposed Trucker Bathroom Access Act will require retailers, warehouses, and other establishments with existing restrooms to provide access to truckers and delivery drivers who are loading or delivering cargo. Access to restrooms keeps them refreshed and ready to deliver essential supplies to companies across the country.

What happened?

Originally intended for construction waste disposal, the site eventually turned into a dumping ground for hazardous industrial materials. Investigations found plastics, asbestos, industrial chemicals, and carcinogenic substances illegally dumped, creating an environmental and public health hazard. These materials fuel fires, continuously releasing toxic smoke into the air. Residents have reported respiratory problems, skin irritation, and other health issues while authorities struggle to contain the situation. Even though this incident occurred in London, we can learn plenty of valuable lessons from it. Here’s how employers can take proactive measures to ensure compliance, protect workers, and prevent environmental harm.

1. Implement a robust hazardous waste management plan

A hazardous waste management plan should:

• Include waste classifications (reactive, corrosive, etc.) and an inventory of all hazardous materials used and generated;
• Ensure all storage and handling procedures, including labeling, segregation of incompatible waste, spill prevention, and containment measures, are followed;
• Document all waste accumulation and disposal methods, specifying the storage time limits for waste and the methods used for its disposal, such as incineration, recycling, or third-party handling; and
• Provide information on personal protective equipment (PPE) requirements, emergency contact information, reporting procedures, and an evacuation plan in case of a spill.

2. Train employees on hazardous waste handling

Train personnel on their roles and responsibilities when handling hazardous waste. Training should include:

• Initial and refresher training that complies with the Resource Conservation and Recovery Act (RCRA) and state laws,
• Identifying unsafe practices and reporting potential violations.

3. Conduct routine inspections and audits

• Perform internal audits to ensure compliance with RCRA regulations.
• Schedule third-party audits to identify risks and areas of improvement.
• Create a corrective action plan for any violations or inefficiencies discovered during audits.

4. Use licensed and certified waste disposal services

The primary reason behind illegal waste dumping is financial. We all know it is not cheap to dispose of hazardous waste, but waste generators are responsible for their waste from “cradle to grave.”

• Conduct due diligence to verify disposal methods to prevent third-party illegal dumping.
• Maintain records of manifest, disposal certificate, and compliance documentation.

5. Secure and label waste properly

• Labels should include “hazardous waste” clearly visible on the container, generator information, accumulation start date, proper shipping name, and waste identification.
• Store hazardous waste in compatible containers to prevent leaks or spills.

6. Reduce hazardous waste by using safer alternatives

One of the most effective ways to prevent hazardous waste incidents is to reduce reliance on them in the first place. By switching to safer alternatives, employers can lower their risk of exposure. Industries now offer eco-friendly coatings, adhesives, and cleaning agents that perform well without all the side effects. Safer alternatives also reduce compliance costs by lowering the burdens for hazardous waste disposal.

The disaster in London is a stark reminder of the consequences of negligent hazardous waste management. Businesses that cut corners on waste disposal risk legal penalties and contribute to long-term environmental and public health damage.  

Keys to remember: Employers can protect their workforce, comply with regulations, and prevent environmental disasters by adopting proactive waste management strategies.

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.

Case details

An investigation identified the facility’s clinker cooler and raw mill operations as primary sources of excess PM. Monitoring data revealed the facility consistently exceeded permitted emission limits, suggesting systemic deficiencies in pollution control systems. Further inspection pointed to potential inadequate maintenance and operation of existing baghouse filters, a critical technology for capturing airborne particles. The facility also appeared to struggle with fugitive dust emissions from material handling and storage areas, indicating a need for improved dust suppression measures.

Proactive management

The case clarifies the importance of rigorous, proactive environmental management within heavy industrial operations. To prevent similar violations, facilities should prioritize comprehensive monitoring and reporting. Continuous emission monitoring systems provide real-time data, enabling early detection of deviations from permitted limits. Regular inspections and preventative maintenance of pollution control equipment are essential. This includes ensuring baghouse filters operate within their design parameters and promptly replacing damaged or worn components.

Additionally, robust fugitive dust control plans are vital. They should address all potential sources of fugitive dust, encompassing material handling, storage, and transport. Implementing strategies such as water spraying, enclosure of conveyors, and optimized material stockpiling can significantly reduce emissions.

Beyond technology

Beyond technology, a strong environmental compliance culture is crucial. It involves employee training on environmental regulations, operational procedures, and the importance of adhering to pollution control measures. Regular audits and internal assessments can help identify potential weaknesses and ensure ongoing compliance.

Industrial facilities can minimize their environmental impact and avoid costly enforcement actions by focusing on:

• Proactive monitoring,
• Rigorous maintenance, and
• A strong compliance culture.

Who’s impacted?

The Third Rule impacts entities subject to RCRA’s manifest regulations. This article focuses on the manifest correction rules that apply to these waste handlers:

• Small and large quantity generators,
• Transporters, and
• TSDFs.

Note that the final rule amends post-manifest correction regulations for other entities, such as exporters, that are beyond the scope of this article.

What are the Third Rule changes?

EPA’s final rule maintains most of the post-receipt manifest data corrections process.

What’s the same?

Specifically:

• Any waste handler named on the manifest may voluntarily submit data corrections at any time,
• Waste handlers can make an unlimited number of voluntary corrections,
• Corrections may be applied to an individual record or batch of them, and
• Submissions must include a signature compliant with the Cross-Media Electronic Reporting Rule (CROMERR).

What’s different?

Previously, when EPA or a state regulatory agency requested corrections to data on a manifest, waste handlers weren’t required to make them. The Third Rule now mandates that waste handlers:

• Correct errors on the manifest within 30 days of a corrections request from EPA or a state agency, and
• Make data correction submissions electronically for paper or electronic manifest records.

Post-receipt corrections are made via the Hazardous Waste Electronic Manifest System (e-Manifest) on the RCRA Information (RCRAInfo) system.

The Third Rule also clarifies that receiving facilities (TSDFs) can make corrections only after the manifest is completed (i.e., signed and submitted to the e-Manifest system).

What’s the post-receipt manifest correction process?

Waste handlers submitting voluntary or mandatory post-receipt corrections to hazardous waste manifests must follow the process established at 40 CFR 264.71(l).

Follow this general process on the e-Manifest System:

• Certify the manifest is complete. It must have the status “Signed-Completed."
• Determine how to submit the corrected data to the e-Manifest system. You can enter the data directly into e-Manifest or upload a file with data corrections to the system.
• Include for each correction submission:
  • The Manifest Tracking Number and date received by the facility associated with the data being corrected,
  • The Item Number(s) of the affected data fields on the manifest form (EPA Form 8700-22), and
  • The previously entered and corrected data.
• Save your corrections. The manifest’s status will change to “Under Correction."
• Re-sign the manifest to certify the corrections. The manifest’s status will change to “Corrected."

Manifest correction FAQs

Check out some top questions and answers about post-receipt manifest corrections.

What manifest information can I correct?

The type of waste handler your facility is determines which items on the manifest you can change for voluntary corrections or must change for mandatory corrections. Typically:

• Generators correct data in Items 1–15;
• Transporters correct data in Items 6–7, 14, and 17; and
• TSDFs correct data in Items 14 and 18–20.

What user role do I need on RCRAInfo to submit manifest corrections?

You must be registered in RCRAInfo as a user with the e-Manifest Certifier or Site Manager role for the facility’s site to submit manifest corrections.

What’s the CROMERR certification?

EPA requires manifest correction submitters to use a CROMERR-compliant electronic signature, which requires a higher level of identity proofing than the Quick Sign signature.

Can I revert to a previous manifest version?

Once the corrected manifest has been signed, you can’t revert it to a previous version. The e-Manifest system does, however, let you view all versions of the manifest.

Can brokers sign corrected manifests?

Although brokers can initiate a manifest correction for generators, they may not sign a corrected manifest unless they (a) operate at the generator’s facility and (b) can sign the manifest as an offeror of the waste shipment.

Key to remember: EPA’s Third Rule updates the process for making data corrections to RCRA hazardous waste manifests.

1. 150-air-mile (CDL) exception

Who’s eligible? Drivers of property-carrying vehicles (“trucks”) that require a commercial driver’s license (CDL), and drivers of passenger-carrying vehicles (shuttles/vans/buses), who return to the starting location at the end of the day.

What are they exempt from? Standard grid-style logs (records of duty status), supporting documents (see 395.11), and 30-minute breaks (see 395.3(a)(3)(ii)).

What’s the maximum distance? 172.6 miles away from the reporting location (150 air miles) measured in a straight line in any direction.

What other conditions apply? On any day the exception is used, the driver must:

• Not drive a commercial motor vehicle (CMV) beyond the 150-air-mile radius,
• Return to the work-reporting location at the end of the day (unless classified as a driver-salesperson),
• Be completely off duty within 14 consecutive hours of the starting time, and
• Be off work for 8 (bus) or 10 (truck) consecutive hours before coming back on duty.

The driver remains subject to the daily limit of 10 (bus) or 11 (truck) driving hours and the weekly on-duty limit of 60 or 70 hours.

Which records are required? The motor carrier must have a record of the driver’s starting time, ending time, and total on-duty time for the day, and it must be retained for six months. “Driving” time does not need to be recorded separately from on-duty time, and drivers are not required to have records in the vehicle (though it is a recommended practice).

Where’s the rule? 49 CFR 395.1(e)(1)

2. 150-air-mile (non-CDL) exception

Who’s eligible? Drivers of property-carrying vehicles (“trucks”) that do NOT require a CDL and who return to the starting location at the end of the day.

What are they exempt from? Standard grid-style logs (records of duty status), supporting documents (see 395.11), 30-minute breaks (see 395.3(a)(3)(ii)), and — up to twice per week — the 14-hour limit (395.3(a)(2)).

What’s the maximum distance? 172.6 miles away from the reporting location (150 air miles) measured in a straight line in any direction.

What other conditions apply? On any day the exception is used, the driver must:

• Not drive a CMV beyond the 150-air-mile radius;
• Return to the work-reporting location at the end of the day (but does not necessarily need to go off duty); and
• Not drive after the 14th consecutive hour on at least five days out of any seven consecutive days, or after the 16th consecutive hour on up to two days out of seven.

The driver remains subject to the daily limit of 11 driving hours and the weekly on-duty limit of 60 or 70 hours, as well as the need for 10 hours off between shifts.

Which records are required? The motor carrier must have a record of the driver’s starting time, ending time, and total on-duty time for the day, and it must be retained for six months. “Driving” time does not need to be recorded separately from on-duty time, and drivers are not required to have records in the vehicle (though it is a recommended practice).

Where’s the rule? 49 CFR 395.1(e)(2)

3. 16-hour “big day”

Who’s eligible? Drivers of property-carrying CMVs who return to the reporting location daily.

What are they exempt from? The 14-hour limit (395.3(a)(2)).

What’s the maximum distance? None. Drivers must remain close enough to home base that they can return there before hitting the 16-hour limit (or any other limit).

What other conditions apply? This is the only short-haul exception with a “look back” requirement. On the day the exception is used, the driver must:

• Have returned to the starting location on the prior five work days (not including days off, and even if the driver got a 34-hour restart);
• Be back to the starting location and released from duty within 16 consecutive hours after the start of the day; and
• Only use the exception if it was not already used within the previous six consecutive days, unless the driver got a 34-hour restart.

The driver must also comply with the 30-minute break rule, the 11-hour driving limit, the 60/70-hour limit, and the need for 10 hours off.

Which records are required? The driver must use a standard grid-style log (395.8) and keep supporting documents (395.11). A driver cannot claim both this exception and one of the 150-air-mile exceptions on the same day.

Where’s the rule? 49 CFR 395.1(o)

4. Construction materials & equipment

Who’s eligible? Any driver primarily transporting construction materials and equipment. This means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project). Placarded vehicles are not eligible.

What are they exempt from? The need to remain off duty for 34 hours to restart the 60/70-hour limit. Instead, these drivers may get a restart with just 24 hours off.

What’s the maximum distance? 86.3 miles (75 air miles) away from the work-reporting location, measured in a straight line in any direction (though states are allowed to set the limit as low as 50 air miles for in-state-only operations).

What other conditions apply? Drivers remain subject to all other requirements: 10 hours off, 11 hours of driving within a 14-hour period, 30-minute breaks, and the 60/70-hour on-duty limit.

Which records are required? These drivers should qualify for a 150-air-mile exception as described above. Otherwise, a standard grid-style log and supporting documents are required (395.8 and 395.11).

Where’s the rule? 49 CFR 395.1(m)

5. Driver-salespersons

Who’s eligible? Any driver for a private carrier of property who:

• Is engaged both in selling goods*, services, or the use of goods, and in delivering (by CMV) the goods sold or provided or upon which the services are performed;
• Drives no more than half the total work hours; and
• Drives no more than 40 hours in any seven consecutive days.

*“Selling goods” includes soliciting or obtaining reorders or new accounts, or other selling or merchandising activities designed to retain customers or to increase the sale of goods or services.

What are they exempt from? The 60-hour/7-day or 70-hour/8-day limit.

What’s the maximum distance? 100 miles (not air miles) away from the work-reporting location, measured in a straight line in any direction.

What other conditions apply? Drivers remain subject to all other requirements: 10 hours off, 11 hours of driving within a 14-hour period, and 30-minute breaks.

Which records are required? These drivers should qualify for a 150-air-mile exception as described above. Otherwise, a standard grid-style log and supporting documents are required (395.8 and 395.11). Note that if a driver-salesperson wants to take advantage of the option to not return to the starting location when using the 150-air-mile exception in 395.1(e)(1), the driver must remain within a radius of 100 miles.

Where’s the rule? 49 CFR 395.1(c)

What’s an ‘air mile’?

An air mile (also known as a nautical mile) is a bit longer than the standard “land” (statute) mile tracked on a vehicle’s odometer. One air mile is equivalent to 1.15 miles on the road. Therefore:

• 100 air miles = 115.1 land miles, and
• 150 air miles = 172.6 land miles.

What’s an “air-mile radius”?

A radius is a straight line from the center of a circle to its edge. If a driver must remain within a 150-air-mile radius of the starting location, for example, then the driver may travel up to 172.6 miles away from that location, measured in a straight line (“as the crow flies”) in any direction. Because most roads aren’t built in a straight line, drivers and motor carriers must refer to a map — or better yet, an online mapping tool — to determine where the geographic boundary lies.

Note that a driver limited to a 150-air-mile radius is not limited to driving a specific number of miles within the radius. For example, a truck driver may drive much more than 172 miles in a day and still claim the 150-air-mile exception, as long as all driving (up to 11 hours) took place within the 150-air-mile radius.

Aren’t we exempt from other safety rules?

Most short-haul exceptions are tied to the hours-of-service rules only. Short-haul operations are NOT exempt from rules governing driver qualification files, vehicle markings, daily and annual vehicle inspections, cargo securement, insurance, licensing, drug testing, and many other safety mandates.

Key to remember: Short-haul and regional drivers who return home each day are eligible for certain exceptions from portions of the hours-of-service rules, though state requirements may vary.

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!

1. Fire extinguisher

Every power unit must have at least one properly maintained fire extinguisher. An extinguisher can be critical for controlling a small fire while emergency services are en route. To comply with DOT regulations, the extinguisher must:

• Have the proper rating. The weight of the extinguisher is not as important as the Underwriters’ Laboratories (UL) rating. If the vehicle is not transporting hazardous materials in an amount requiring placarding, the extinguisher must be rated at 5 B:C or more, or there can be two extinguishers rated at 4 B:C or more. For placarded loads, there must be at least one extinguisher rated at 10 B:C or more.
• Be properly marked. Each extinguisher must be labeled or marked by the manufacturer with its UL rating.
• Have a charge indicator showing “full.” Each extinguisher must have a visual indicator of whether it’s fully charged, and must be full enough to be useful for a fire.
• Be properly mounted. Extinguishers must be securely mounted so they cannot slide, roll, or bounce (vertically).
• Be readily available. The fire extinguisher must be located in a spot that is readily accessible for use. If inside a cabinet, the driver must be able to access it rapidly.

Though not required by the DOT, an annual inspection by qualified personnel is highly recommended. Replace extinguishers once they have reached the manufacturer’s recommended lifespan. In addition, train drivers on when and how to properly use an extinguisher.

2. Reflective triangles or flares

Every CMV must be equipped with devices that can be placed around the vehicle when stopped on the roadway or shoulder, such as due to a crash or disablement, to warn other motorists to steer clear. Ensure that drivers carry at least:

• Three DOT-compliant reflective triangles,
• Six solid-fuel flares (also known as fusees), or
• Three liquid-burning flares.

These devices must be placed within 10 minutes of a stop, and in the locations specified in 49 CFR 392.22.

Make sure drivers know how to inspect and condition these devices, where to place them, and when they need to be replaced.

Are LED lights an option instead? The Federal Motor Carrier Safety Administration (FMCSA) currently allows one specific brand of LED-based flare: “Pi-Lit” flares from Pi Variables. This is based on a temporary exemption currently in place until June 2028, as published in the Federal Register on June 22, 2023. No other LED-based warning devices may be used in place of the required triangles or flares at this time.

3. Spare fuses

Fuses play a critical role in safeguarding a vehicle’s electrical system from overloads or short circuits. To ensure that FMCSA-required electrical equipment remains operational, drivers must carry at least one spare fuse for each type or size of fuse needed for that equipment.

In other words, if any component on a power unit relies on a fuse to operate and that component is required by the FMCSA (such as lights required under 393.11), then the driver must carry at least one spare fuse of the same type. If the fuse blows and the component stops working, then the driver is expected to replace the fuse before driving further.

Don’t add to the statistics

Violations of the emergency-equipment rules in 49 CFR 393.95 rank high on the list of common roadside violations (see below). Failing to carry any of the required items — or allowing CMV operations with them — can carry a hefty fine. More important, however, are the potential consequences of having an en-route emergency without having the required equipment. Those consequences include unnecessary downtime, equipment destruction by fire, or even injuries or fatalities.

Key to remember: All CMVs must be equipped with three key pieces of emergency equipment: fire extinguishers, triangles or flares, and spare fuses. Make sure they are in place and ready for use at all times.

Changes to the forms

The Medical Examination Report (MER) MCSA-5875, also called the "Long Form," and the Medical Examiner’s Certification (MCSA-5876), or the "Fed Med" card, were approved by the Office of Management and Budget on March 27, 2025. However, they were not available on the FMCSA website until April 1, 2025.

The changes include the new expiration date of March 31, 2028, and a revision date of March 27, 2025. The address in the Public Burden Statement at the top of the form was also updated. FMCSA reviews and updates these forms regularly, and the Office of Management and Budget must approve the final versions.

FMCSA expects medical examiners to start using the new forms as soon as possible, but they can still use their old forms with the 3/31/2025 expiration date until they run out.

CDL driver medical certification update

Another important update affects commercial driver’s licensed (CDL) drivers. By June 23, 2025, the process for updating CDL drivers’ medical certifications will be easier. By this date, all State Driver Licensing Agencies (SDLAs) must be connected to the National Registry of Certified Medical Examiners (NRCME). This system is where examiners enter medical certification information after each exam.

Each state will switch to the new process once their system can receive CDL driver medical certification information, which will then appear on the motor vehicle record (MVR). A copy of a CDL driver’s MVR must be in the driver’s qualification file after each exam.

FMCSA still requires a copy of a non-CDL driver’s medical card to be in the driver qualification file. This process is not changing for non-CDL drivers.

What’s changing by June 23, 2025:

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

CDL drivers and carriers should check the SDLA websites for their transition dates and instructions on CDL driver medical certification.

What’s not changing on June 23, 2025:

• CDL drivers need to verify their driving type when they get a new CDL or Commercial Learner’s Permit (CLP), or when they upgrade or renew their CDL. They must choose one of the following:
  • Non-excepted Interstate (requires medical certification)
  • Excepted Interstate (DOT exam not required)
  • Non-excepted Intrastate (intrastate-only and medical certification required)
  • Excepted Intrastate (intrastate-only and DOT exam not required)
• Carriers must place a CDL motor vehicle record (MVR) in the driver qualification file after each exam. The number of days allowed for this may decrease from the current limit of 15 days.

Overall, carriers, CDL drivers, and medical examiners must understand how the medical certification changes will impact keeping medically qualified drivers on the road.

Know the risks

Safety requires an attention to detail, including the fine print on medication bottles for both over-the-counter (OTC) medicines and prescription drugs. Side effects may differ based on the individual, so employees need to listen to their bodies and avoid using some medications completely.

Imagine experiencing even one of the following side effects of allergy medications when trying to engage in everyday activities at a motor carrier:

• Drowsiness,
• Dizziness,
• Upset stomach,
• Blurred vision,
• Headache,
• Nervousness,
• Fast heartbeat,
• Increased blood pressure,
• Loss of appetite, and
• Sleep problems.

And, of course, employees should always check for interactions with any other medications they are using.

CMV driver limitations

All commercial motor vehicle (CMV) operators, not just those operating vehicles requiring a commercial driver’s license (CDL), must avoid using medications that negatively impact their ability to safely drive a CMV.

There is no “official” list of prohibited drugs for commercial drivers. Instead, the Federal Motor Carrier Safety Regulations (FMCSRs) reference another agency’s regulations, the Drug Enforcement Administration (DEA). DEA’s Schedules of Controlled Substances in 21 CFR 1308 classifies a drug into one of five categories (schedules) depending on the drug’s acceptable medical use and its abuse or dependency potential. Only Schedule I drugs, such as heroin, LSD, and marijuana, are prohibited with no exception for commercial drivers. All other schedules of drugs, both prescribed and OTC, are taken on a case-by-case basis, dependent upon their impact on driving.

A driver who is prescribed an allergy medication should be explicitly told by the family doctor that it will not interfere with their ability to safely operate a CMV. This stipulation is found in 391.41 (medical qualifications), 392.4 (general operating rules), and 382.213 (specific to just CDL positions).

Over-the-counter medications are also included in 392.4(a)(4) if they affect driving.

Ill and fatigued driving

Yet another rule applies to all CMV drivers and addresses their general physical condition. It restricts drivers who are too ill or fatigued to safely operate the vehicle.

Many use this regulation when a driver is exhausted from exceeding hours-of-service limits. But this rule is much more encompassing. It prevents the operation of a CMV “…while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle…”

The carrier can’t dispatch or allow a driver to continue a trip when ill or fatigued. The driver also has an obligation to know when they are a risk. They should not get behind the controls of the CMV. If already driving, they must park their vehicle and communicate their health status with their carrier.

Key to remember: Everyday medications often pose a serious risk for those impacting motor carrier safety. Employees should know the side effects and never put themselves and others at risk when not feeling well enough to safely do their jobs.

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.

HR’s concerns

Connie, the company’s HR VP put Larry on leave under the Family and Medical Leave Act (FMLA). Given the two incidents within months of each other, Connie worried that Larry’s seizures could cause a catastrophic event and get someone killed. Connie asked a private physician who served as the company’s medical review officer, to evaluate Larry. Larry’s doctor also completed the paperwork that took him out of work for the short term.

The doctors released Larry to work, but with limited hours. He also couldn’t operate a vehicle or powered equipment for at least five months. Later, the doctors removed the driving restriction but didn’t remove the limited hours.

Connie decided that a bucket foreperson’s ability to work extended hours on short notice was essential to the job. So, she investigated whether the company could transfer Larry to a different role. Larry, however, didn’t qualify for any open positions. The company told Larry that they couldn’t accommodate his condition and that he could retire or be let go. He chose retirement, but sued, claiming that the company discriminated against him because of his condition and that he didn’t pose a direct threat.

Employer wins direct threat argument

Because of the hours and hazards of a bucket foreperson, along with the doctors’ input, the court found in favor of the employer and agreed that Larry qualified as a direct threat of harm to himself and others.

Smith v. Newport Utilities, Sixth Circuit Court of Appeals, No. 24-5502, February 27, 2025.

ADA’s direct threat

The federal Americans with Disabilities Act (ADA) protects employees who are qualified individuals; if they can perform, with or without reasonable accommodation, the job’s essential functions.

Because employees who are considered a direct threat of harm to themselves or others aren’t “qualified individuals” under this definition, the ADA does not protect them.

The ADA defines a “direct threat” as “a significant risk to the health or safety of others that can’t be eliminated by reasonable accommodation.” Employers must consider four factors when deciding whether a significant risk exists:

1. The duration of the risk,
2. The nature and severity of the potential harm,
3. The likelihood that this harm will arise, and
4. The imminence of the harm.

Employers also should engage in an individualized direct-threat assessment and base their conclusions on reasonable medical judgment, the best available objective evidence, or both.

Key to remember: Employers can take action against an employee who poses a direct threat, but they must be able to show the direct threat.

Overall well-being increases job satisfaction

One of the authors of the study said the data highlights the vital role of overall personal well-being in professional performance and career fulfillment, adding that organizations focused only on job satisfaction plans may be missing a main component of employee happiness. That component is a focus on employee well-being strategies, including:

• Mental health support,
• Work-life balance policies and programs, and
• Personal development.

Based on the study’s findings, a focus on overall well-being can foster a more engaged and satisfied workforce. As such, the researchers recommended that employers:

• Implement flexible work arrangements to support employees’ personal commitments;
• Encourage mental health and wellness programs to improve overall life satisfaction;
• Provide opportunities for personal and professional growth that extend beyond job-related tasks; and
• Foster a workplace culture that values employees’ lives outside of work.

Key to remember: A new global study found that life satisfaction has more of an impact on job satisfaction than was previously assumed. This led researchers to conclude that employers who focus on overall employee well-being can foster a more engaged and satisfied workforce.

What is the purpose of a driver file?

A driver file is a required collection of documents and records proving that a driver can not only safely operate a commercial motor vehicle (CMV), but has completed any additional training and is legally authorized to drive the type of CMV you have assigned them to.

The file is like a driver’s professional biography. It includes everything you might want to know about your drivers, including their employment history, driving record (abstract), licensing, and any special training.

Driver files must be retained at the carrier’s principal place of business for the year in which they are created, established, or received, and generally for the four calendar years immediately following (note that this can vary by province). Carriers should also keep any other relevant information about their drivers. This may include items such as alcohol and drug testing records (this is required for carriers with drivers operating into the United States and subject to the testing requirements).

What should you include in your driver files?

This is a good question, as this can vary slightly depending on what province is your principal place of business and in which province(s) you hold a safety fitness certificate. It can also depend on what the record might be called, for example in Ontario a driver’s abstract is commonly referred to as a driver’s CVOR abstract. Although some documents may not be required in certain provinces, the following items are the ”best practice” recommended records to keep in your driver file:

• The driver’s completed application form for employment,
• A copy of the driver’s abstract dated within 30 days of hire,
• Annual updated copies of the driver’s abstract,
• The driver’s employment history for the preceding 3 years,
• A record of the driver’s convictions of safety laws relating to the operation of a motor vehicle in the current year and in each of the preceding 4 years,
• A record of any administrative penalty imposed on the driver,
• A record of all collisions involving a motor vehicle operated by the driver that are required to be reported to a peace officer,
• A record of all training taken by a driver related to the operation of a vehicle and compliance with safety laws, and
• A copy of any training certificate issued to the driver, in electronic or paper form, for the period starting on the date the training certificate is issued.

How do I know what each jurisdiction requires in their driver files?

The following chart summarizes the driver file requirements by jurisdiction.

Managing your files long term

Driver qualification files are a lot less intimidating if you approach them one component at a time. Please note, while electronic records may be accepted, any originals must be made available upon request.

Key to Remember: Driver files better enable a carrier to monitor and manage the safety of all drivers involved in the operation of commercial vehicles. Being prepared with the proper documents in the file will help you survive an audit.

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 does OSHA mean by “clearly visible ?”

Despite popular belief that exit signs must be self-illuminated, this is not an OSHA requirement. As long as ambient light, direct light, or emergency lighting can ensure that the exit signs remain visible at all times, then they don’t need to be electronically lighted.

Basic metal or plastic signs can be used; however, they must remain visible even if there is a loss of power. When non-illuminated exit signs are used, employers must still ensure they can be easily seen. This challenge is why many employers opt for electrically wired or battery-operated exit signs with an emergency backup power source. The other option is electroluminescent signage.

What does “illuminated” mean?

OSHA requires in 1910.37(b)(6) that, “Each exit sign must be illuminated to a surface value of at least five foot-candles (54 lux) by a reliable light source and be distinctive in color. Self-luminous or electroluminescent signs that have a minimum luminance surface value of at least .06 footlamberts (0.21 cd/m2) are permitted."

OSHA defines these terms in 1910.34 as:

• Self-luminous — a light source that is illuminated by a self-contained power source (e.g., tritium) and that operates independently from external power sources. Batteries are not acceptable self-contained power sources. The light source is typically contained inside the device.
• Electroluminescent — a light-emitting capacitor with alternating currents that excite phosphor atoms when placed between the electrically conductive surfaces to produce light. This light source is typically contained inside the device.

Here are more definitions to help shed light on OSHA’s requirement:

• Foot-candle — a unit of measurement that lighting professionals used to describe the amount of light that covers a one square-foot surface.
• Lumen — The amount of visible light given off by a specific source.
• Lux — The amount of light output over a given area.

OSHA’s 5 foot-candle requirement is not as bright as one might think. It is relatively dim, providing enough light to move around but not enough to perform detailed or concentrated activities. This would be similar to what you might see in a parking garage.

Key to remember: To ensure employee safety, OSHA requires exit signs to be sufficiently illuminated and visible to workers at all times.

What are appropriate lockout devices?

The standard defines a “lockout device” as “a device that utilizes a positive means such as a lock, either key or combination type, to hold an energy isolating device in a safe position and prevent the energizing of a machine or equipment. Included are blank flanges and bolted slip blinds.” Key factors in this definition are “positive” and “hold” meaning there must be a sure way to keep energy from be restored and reactivated until a device is removed.

Simply turning off a machine or using an interlock does not ensure that the machine can’t be turned back on or that potential hazardous energy is fully isolated. Energy isolating devices (EIDs) are mechanical devices that physically prevent energy release or transmission and include:

• Manually operated electrical circuit breakers;
• Disconnect switches;
• Line valves or blocks;
• Manually operated switches where circuit conductors can be disconnected from all ungrounded supply conductors AND in which no pole can be operated independently; and
• Any similar devices used to block or isolate energy.

The standard clarifies that push buttons, selector switches, and similar control devices are not considered EIDs by OSHA. Interlock devices cannot replace a formal LOTO program and procedures using an energy-isolating device, lock, or tags. While interlocks can be tied to lockout/tagout (LOTO) to enhance its safety, they can’t be used in place of an EID.

Are there any exceptions to the LOTO rule?

OSHA’s minor servicing exception (1910.147(a)(2)(i)) allows for alternative measures of effective protection from hazardous energy, which can include an interlocked safety switch, provided that when the interlock is opened or removed, the tripping mechanism and/or power automatically shuts off or disengages, and the machine cannot cycle or be started until the switch/guard is back in place. Replacing the switch/guard should not automatically restart the machine.

The ONLY time minor servicing is permitted is when activities are routine, repetitive, integral to using the equipment, AND when there are alternative measures in place that are equally protective as LOTO. Key components of the exception include:

• Minor servicing— tasks of short duration which take place during normal production operations that are necessary for the equipment to perform its intended functions.
• Alternative measures — procedures that provide equally effective protection from hazardous energy such as remote devices, local disconnects, or specially designed tools.
• Routine — tasks required to be performed as a part of a regular course of procedure.
• Repetitive — tasks required to be repeated regularly as part of the production process or cycle.
• Integral — tasks required as part of the production process or essential to operations.

Examples of minor servicing activities include clearing jams, minor cleaning or adjustments, and lubrication, provided they can be performed safely while the machine is running. Regardless of the types of LOTO, alternative measures, or interlocks, employees (and their body parts) must be protected from harm.

Keys to remember: OSHA requires EIDs for LOTO and doesn’t permit the use of interlocks for energy isolation. The minor servicing exception to the LOTO standard is only permitted when activities are routine, repetitive and integral to equipment use and alternative measures are in place that are as protective as LOTO .

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.

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.