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What are the types of pretreatment standards?

IUs must obtain permits or comply with other control mechanisms to discharge wastewater to a POTW. Let’s look at the three kinds of pretreatment standards that may apply.

Prohibited discharge standards are national standards consisting of general and specific prohibitions that forbid facilities from discharging certain pollutants.

• The general prohibitions ban IUs from discharging any pollutants to a POTW that can cause pass through or interference (defined at 40 CFR 403.3).
• The specific prohibitions ban IUs from discharging eight kinds of pollutants (defined at 403.5(b)), such as those that pose a fire or explosion hazard to the POTW.

Categorical pretreatment standards are national limits that apply to wastewater discharged by facilities in specific industrial categories.

EPA sets effluent limitations guidelines and standards (ELGs) for the covered industrial categories to prevent discharges from IUs that can pass through or interfere with the works or otherwise disrupt POTW operations. ELGs give numerical, technology-based limits for the quantity, concentration, or properties of a pollutant that IUs can discharge to a POTW.

Local limits are established by POTWs and are specific to each site, so requirements vary across different POTW pretreatment programs. Local limits prevent pollutant discharges from IUs that can pass through or interfere with the works, contaminate sludge, and/or endanger worker health and safety.

POTWs set effluent discharge limits, which can be numerical or narrative (for example, no discharging toxics in toxic amounts). Standards may also include best management practices, such as taking actions to control plant site runoff.

Who enforces the pretreatment standards?

Generally, POTWs implement the NPDES National Pretreatment Program at the local level. EPA requires large POTWs and smaller POTWs with significant industrial discharges to develop local pretreatment programs. Through EPA-approved local programs, POTWs enforce the national standards and requirements in addition to any stricter local regulations that apply.

Where EPA hasn’t approved a POTW’s local pretreatment program, it's administered by the state (if approved to do so) or EPA regional office.

Where does my facility start?

If your facility is subject to the NPDES National Pretreatment Program, first identify the kind of IU your facility is: an IU, a significant IU, or a categorical IU. The category determines the requirements that may apply.

Keep in mind that all IUs must comply with the applicable federal pretreatment program requirements:

• Regardless of whether the POTW has an approved pretreatment program, and
• Regardless of whether the IUs have been issued a permit or control mechanism.

Significant IUs (defined at 403.3(v)) and categorical IUs (i.e., facilities subject to one of the categorical standards in Parts 405–471) have additional federal requirements. Generally, these facilities must also meet local limits.

Key to remember: Industrial and commercial facilities must comply with the National Pretreatment Program before discharging pollutant-containing wastewater to a publicly owned treatment works facility.

Federal Motor Carrier Safety Administration (FMCSA)

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

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

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

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

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

Pipeline and Hazardous Materials Safety Administration (PHMSA)

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

Occupational Safety and Health Administration (OSHA)

OSHA will continue only its essential functions, including:

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

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

Environmental Protection Agency (EPA)

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

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

Equal Employment Opportunity Commission (EEOC)

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

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

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

National Labor Relations Board (NLRB)

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

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

Department of Labor (DOL)

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

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

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

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

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

U.S. Citizenship and Immigration Services (USCIS)

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

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

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

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

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

Federal contractors and government employees

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

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

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

Why compliance still matters, even without enforcement

Environmental compliance isn’t just about avoiding fines. It’s about protecting worker health, community trust, and long-term operational stability. During a government shutdown, the temptation to defer environmental investments or relax internal standards can grow. But doing so risks more than future penalties; it undermines the credibility of your environmental program and can lead to reputational damage.

It’s also important to note that state programs are still typically operational and active during federal shutdowns, so inspections and compliance activities for state-authorized programs continue.

Making the business case for continued investment

To convince management and stakeholders, frame environmental excellence as a strategic asset:

• Risk management: Environmental lapses can still be discovered post-shutdown, and penalties may be retroactive.
• Operational efficiency: Many environmental controls improve process reliability, reduce waste, and lower energy costs.
• Brand and stakeholder trust: Investors, customers, and communities increasingly expect companies to go beyond compliance.
• Permit renewals and expansions: Agencies may scrutinize historical performance when reviewing future applications.

Use real-world examples or internal metrics to show how environmental investments have paid off — even when enforcement wasn’t the driver.

Strategies for promoting excellence during a shutdown

Environmental professionals can lead by example and keep the momentum going:

• Maintain internal audits and inspections: Show that oversight continues, even if external reviews pause.
• Communicate proactively: Share updates with leadership about ongoing compliance efforts and environmental performance.
• Highlight cost savings: Quantify how environmental initiatives reduce resource use, waste disposal costs, or downtime.
• Engage employees: Reinforce the company’s environmental values through training, recognition, and involvement.

Turning downtime into opportunity

A shutdown can be a chance to strengthen internal systems:

• Review and update environmental management plans.
• Conduct training or tabletop exercises.
• Evaluate historical data to identify trends and areas of improvement.
• Prepare for future inspections with mock audits or gap analyses.

These efforts demonstrate commitment and prepare your team for when oversight resumes.

Key to remember: Environmental excellence isn’t just about avoiding fines. It’s about building a resilient, responsible, and respected operation. Even when enforcement pauses, your commitment shouldn’t.

OSHA HazCom

HazCom applies to “any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.” The OSHA regulation has requirements for hazardous chemical manufacturers, importers, distributors, and employers.

HazCom-covered employers must ensure containers of non-exempt hazardous chemicals are labeled, SDSs are readily accessible to employees in their work areas, and effective information/training is provided for exposed employees. They must also prepare and implement a written HazCom program (which includes a chemical inventory), unless they only have exempted operations under 1910.1200(b)(3) and/or (b)(4).

Covered employees have a right to understand the chemical hazards in their workplace. Training is key to ensuring employees have that understanding. Employees must be trained prior to initial assignment with hazardous chemicals and whenever a new chemical hazard is introduced. Employers must cover the elements in 1910.1200(h).

DOT Hazmat

The hazmat regulations apply to those involved in three primary types of activities: pre-transportation functions, transportation functions, and hazmat packaging. Pre-transportation functions include activities performed by the hazmat shipper and deal largely with paperwork. Transportation functions, on the other hand, include activities performed by those directly involved in transporting hazmat, including drivers.

“Hazmat employees” must be trained per 49 CFR 172.704 within 90 days of employment or job function assignment, and refresher training is mandated at least once every three years. Employees are considered hazmat employees if they directly affect hazmat transportation safety. See 49 CFR 171.8 for a detailed definition of hazmat employee.

The DOT says, “Training conducted by OSHA, EPA, and other Federal or international agencies may be used to satisfy the training requirements in 172.704(a) to the extent that such training addresses the components specified in paragraph (a) of this section (general awareness/familiarization; function-specific; safety; security awareness; in-depth security training, if a security plan is required; and driver training for each hazmat employee who will operate a motor vehicle).”

EPA HazWaste

Every business deals with waste and must know how to properly dispose of it. Most states are authorized to run their own HazWaste programs, so a facility needs to be aware of state (and often local) HazWaste regulations. When waste is generated, the facility must identify the waste and determine if it is HazWaste by definition.

EPA’s HazWaste generator regulations at 40 CFR 262 apply differently depending upon the “generator category” (large quantity (LQG), small quantity (SQG), and very small quantity (VSQG)), which is determined by how much HazWaste a facility generates each month. Therefore, under Part 262, employee training requirements too are based on the generator category.

SQGs must train employees according to 40 CFR 262.16. SQGs have basic training requirements. They must ensure employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. LQG personnel training requirements are found at 40 CFR 262.17. Being large, these generators are required to meet much more extensive training requirements. It’s a best practice for VSQGs to train employees to safely handle HazWaste, but it’s not specifically called out in EPA’s HazWaste generator regulations. However, other training regulations, such as those for OSHA and DOT may come into play.

Key to remember: No matter what you call them, hazardous chemicals are regulated by OSHA, DOT, and EPA depending what you’re doing with those chemicals. Employers must understand what regulations apply to their situation and train employees accordingly.

Provide topic-specific training

Dock safety should cover safety issues common to all positions who work in and around the area. But training should also include topics unique to specific job titles (e.g., drivers, dock workers, and warehouse employees).

Monthly safety meetings can include common causes of injuries and cargo damage.

Keep loading docks clean

Loading docks are susceptible to the weather, especially in the winter. Leaves and other debris should be swept away as needed. Water, ice, and snow can also accumulate, resulting in dangerous working conditions. Forklifts often experience problems with slick loading dock floors, so ensure that management is checking the dock surfaces throughout the day.

Stress ergonomics

Injuries due to improper lifting and repetitive strain can be reduced if employees are trained on posture, lifting techniques, and load assessment.

The appropriate way to lift a load requires:

• Getting close to the load,
• Squatting (not bending),
• Lifting with leg muscles,
• Keeping the load close at waist level,
• Turning feet (not torso),
• Aligning shoulders with hips, and
• Using both hands to grip the load.

Employees should size up the load to determine whether assistance is needed from a coworker or mechanical aid (e.g., dolly, cart, or forklift).

Always wear PPE

Injury prevention is often as simple as having the right gear. The company should enforce a policy of wearing designated personal protective equipment (PPE), including:

• Safety helmet,
• Hearing protection,
• Steel-toe shoes,
• Work gloves, and
• High-visibility vests.

Any violation of the policy should have consequences that are consistently enforced.

Let falling freight fall

When dock employees are loading or unloading freight in a trailer, the risk of injury increases when handling cumbersome freight.

Employees should never attempt to stop falling freight. This common reaction is responsible for significant injuries. It’s always better to allow the freight to fall on the floor of the trailer rather than risking a crushing type of injury.

Watch out for the other guy

Before loading or unloading begins, all unnecessary employees should vacate the area. While forklift operators are trained in pedestrian safety, it’s often the pedestrians themselves who aren’t trained to anticipate and avoid forklift dangers. The most effective method of controlling forklift-pedestrian accidents is to designate pedestrian walkways using yellow painted lines and physical barriers.

In addition, communication is necessary to coordinate the efforts of drivers, forklift operators, and warehouse personnel. To do otherwise creates confusion and possible collisions. To help reduce the risk, consider using radios, hand signals, and signage.

Prevent trailer movement

When trailers move away from the dock, they pose a serious hazard.

Some simple best practices can reduce this risk, such as:

• Using heavy-duty chocks on both sides of the rear wheels,
• Verifying chock placement before loading or unloading the trailer, and
• Securing the trailer to the dock through hook-style restraints or automatic systems.

Key to remember: To limit accidents at congested loading docks, provide employees with the knowledge through training and policies and protection through appropriate equipment.

Details of the paper med card waiver

This waiver applies to both CDL and CLP holders. Non-CDL drivers aren't affected by this waiver since they're already required to be issued and to carry a paper medical card.

As a reminder, the two key impacts of this waiver include:

1. CDL drivers can use paper medical cards as proof of medical certification for up to 60 days after the certificate has been issued (following the DOT exam) while operating a commercial motor vehicle (CMV).
2. Carriers can use the medical card in the DQ file to be replaced by the CDL motor vehicle record (MVR) with the latest medical certification within 60 days.

The waiver’s terms and conditions

The waiver does not apply to:

• A driver who doesn’t have a copy of their current, valid MEC that was issued by a certified examiner 60 days prior; or
• A motor carrier that doesn’t have a copy of its driver’s current, valid MEC that was issued 60 days prior.

Additionally, the FMCSA reserves the right to revoke the waiver if safety conditions are negatively impacted in terms of the goals and objectives of the original order.

International Roadcheck 2025 results

Approximately 82 percent of commercial motor vehicles (CMVs) and 94 percent of CMV drivers got through the inspection without any out-of-service (OOS) violations.

In contrast, approximately:

• 18 percent (10,148) of inspected vehicles were placed OOS, and
• 6 percent (3,342) of CMV drivers were placed OOS.

Inspectors identified a total of 13,553 vehicle OOS violations and 3,317 driver OOS violations, as well as 177 hazardous materials/dangerous goods OOS violations.

2025 focus results

The 2025 driver focus area was on identifying false RODS, which are a serious violation that conceals a driver’s true number of hours on-duty or driving time. RODS violations accounted for 10 percent (332) of all driver OOS violations.

The 2025 vehicle focus area was on tires, which are critical for vehicle and roadway safety. In total, inspectors discovered 2,899 OOS violations related to tires, making up 21.4 percent of all vehicle OOS violations. Severe cuts, improperly rated tires, flat tires, and insufficient tread depth were all violations that could place a vehicle OOS.

Inspections by level

The 56,178 total inspection levels break down as follows:

• Level I Inspections: 30,060
• Level II Inspections: 13,150
• Level III Inspections: 11,743
• Level V Inspections: 1,225

Level I Inspections include a 37-step process that checks the driver’s credentials and the vehicle’s components while a Level II Inspection is a less-comprehensive walk-around driver and vehicle inspection. A Level III Inspection is a driver-only inspection and checks credentials, Clearinghouse status, and hours-of-service records. Finally, a Level V Inspection is a comprehensive vehicle-only inspection.

Top 5

Top 5 North American vehicle OOS violations:

1. Brake Systems: 3,304
2. Tires: 2,899
3. 20% Defective Brakes: 2,257
4. Lights: 1,737
5. Cargo securement: 1,549

Top 5 North American driver OOS violations:

1. Hours of service: 1,076
2. No commercial driver’s license: 810
3. No medical card: 493
4. False logs: 332
5. Suspended driver’s license/commercial driver’s license: 170

The top 5 North American hazardous materials/dangerous goods OOS violations:

1. Loading: 51
2. Shipping papers: 36
3. Placards: 32
4. Training certification: 30
5. Markings: 13

The utility exemption explained

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

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

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

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

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

Budget and recognition: Still an uphill climb

Let’s start with the elephant in the room, money. Budget constraints were the most frequently cited challenge in 2025. DG professionals reported difficulty securing funds for training, audits, staffing, and even basic compliance tools. In some cases, even though there’s support from leadership, there’s no funding for resources.

Closely tied to budget is recognition. Many DG professionals feel their work is misunderstood or undervalued by leadership. Some said their programs are seen as overhead rather than essential business functions.

Staffing and accountability

Many DG teams are small and stretched to the limit. Burnout is a real concern, especially when one person is expected to manage global compliance, training, audits, and incident response. Without clear career paths or recognition, retention becomes a challenge.

Even when DG professionals do everything right, they often struggle with accountability across their organizations. The survey highlighted a troubling trend: When others fail to follow DG regulations, there’s little enforcement. Without leadership support, it’s harder to maintain standards, especially across global teams.

Training, systems, and culture

Training remains a challenge. Respondents called out inconsistent onboarding, limited refresher opportunities, and a lack of advanced courses. Outdated or fragmented internal systems only add to the difficulty, making it hard to track compliance or share updates.

Underlying all these issues is a broader concern, compliance culture. Some DG professionals said their organizations treat compliance as a burden rather than a proactive safety strategy. Many companies are more focused on cutting costs than being compliant.

Moving forward

Despite these challenges, the survey shows a passionate, resilient community of professionals who care deeply about their work. They’re advocating for better training, stronger systems, and more recognition, not just for themselves, but for the safety of everyone involved in transporting hazardous materials.

Key to remember: DG professionals aren’t just compliance officers; they’re risk managers, educators, and safety leaders that face unseen challenges every day.

To-do before October 1

Get ready for renewal by taking the following steps now:

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

Beginning October 1

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

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

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

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

To renew your registration:

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

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

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

Undue hardship

Employers, however, may not deny eligible employees leave under the federal Family and Medical Leave Act (FMLA), even if it creates a burden on the company. The FMLA is a leave entitlement law, which means employees who meet the eligibility criteria and have a qualifying event get the leave regardless of its effect on employers. How the work gets done is up to the employers. The FMLA doesn’t have an “undue hardship” defense, like some other leave laws do.

Contingency plans can help

Like planning for any potential business setback (e.g., natural disaster), employers should consider creating a leave contingency plan as part of their absence management strategy.

Much like a business continuity plan, a leave contingency plan identifies what steps employers must take if multiple employees are on leave at the same time. Employers should factor in how the work gets done, such as:

• Maintaining production schedules,
• Managing customer service lines, or
• Leveraging sales teams.

Make it your own

Contingency plans will vary based on industry, market, headcount, and other factors.

Just like there is no one template for business plans, there isn’t one for leave plans. A plan might address the following areas, such as:

• Identifying departments that could be at risk,
• Creating a clear communication strategy for all stakeholders,
• Having regular leader check-ins to help spot issues,
• Providing tools and resources to support or prevent employee burnout, and
• Finding ways to boost employee engagement.

Reviewing contingency leave plans regularly can help ensure they continue to be current and cover all areas. Such reviews could occur after each event or annually.

Without an effective leave contingency plan, businesses can risk not meeting their organization’s goals, which can negatively affect the bottom line.

Key to remember: Just like having a business continuity plan for disasters such as fires, employers benefit from having a contingency plan for getting the work done when employees take leave.

What supervisors need to know: FMLA basics

Supervisors should remember that the FMLA gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month leave year period for certain qualifying reasons. Supervisors benefit from remembering that:

• Employees might be gone for long or short periods, or have their schedules reduced, even to eliminate overtime, even if the employee’s leave causes hardship.
• After FMLA leave, they must return employees to their position or an equivalent one.
• They must not make employees feel they should not take leave or retaliate against employees because they ask for or take leave.
• They should let someone in HR know when an employee asks for time off for a potentially FMLA-qualifying reason.

Toolbox tip: – What should you do?

This morning, Joe Employee asked you for two weeks off for an upcoming medical procedure. Joe indicated that he would need the leave to begin in about a month.

At the time of Joe’s leave, the department will be at its busiest time of year. Vacations were being denied for that time frame.

You thank Joe for letting you know and tell him you’ll get back to him the next day or so.

What should you do?

1. Try to talk Joe out of taking the leave or postponing it, given the hardship his absence would have on the department.
2. Remind Joe that even vacations were being denied.
3. Contact HR to let them know about Joe’s request, since it could be FMLA leave.
4. Fire Joe and hire someone who won’t need time off.

The best answer is #3. The other responses risk violating Joe’s FMLA rights.

Trying to talk Joe out of the leave or postponing it would have a chilling effect on Joe’s leave request, which courts have seen as interfering with FMLA rights. The same for pointing out that even vacations are being denied.

Firing Joe because he needs time off has a high violation risk, since the FMLA gives employees the right to job-protected leave.

Key to remember: Supervisors might have been trained in the FMLA when they first took on their role, but might have forgotten much of it. Refresher training can help avoid missteps that can risk a violation and a lawsuit.

FMLA and weight loss surgery

When it comes to weight loss surgery, an employee may have been perfectly healthy before the procedure, so the surgery itself might not be required due to the employee’s health reasons. An employee might, however, have underlying health conditions prompting the procedure.

It’s true that conditions for which cosmetic treatments are given (such as most treatments for acne or certain types of plastic surgery) are not serious health conditions unless inpatient hospital care is needed or complications develop. This caveat generally points to the definition of a serious health condition (inpatient care or continuing treatment). Therefore, if the treatment results in a serious health condition, it qualifies for FMLA protections.

The bottom line is, if you have an employee who needs time off for weight loss surgery that requires an overnight stay in a health care facility, the reason for the absence would qualify for FMLA protections. If the employee is incapacitated for more than three days and receives treatment twice, the reason would also qualify for FMLA protections.

What to do

As with any type of FMLA case, if an employee puts you on notice of the need for leave for elective surgery, including weight loss surgery, treat it as you would any other notice of the need for leave. Provide an eligibility/rights and responsibilities notice, and request a medical certification.

The certification should give you the information needed to determine if the employee has (or will have) a serious health condition.

If the certification indicates that the employee has not had or does not need an overnight stay, move on to whether the employee will be incapacitated for more than three days and will need continuing treatment. Continuing treatment would need to involve treatment at least once, followed by a regimen of continuing treatment (such as a prescription or therapy), or treatment at least twice.

Key differences

One primary difference is that OSHA and workers’ compensation differ in their definition of “work-related.” OSHA defines work-related as an occurrence or exposure in the work environment that either caused or contributed to the condition or significantly aggravated a pre-existing injury or illness.

On the other hand, workers’ compensation generally considers an incident “work-related” when it was caused by or related to the job duties or occurred during work hours and while the employee is engaged in work-related activities.

Though these definitions seem the same on the surface, there is a key difference. OSHA presumes work-relatedness for injuries occurring in the work environment (unless exceptions apply), while workers’ compensation requires proof that the injury both arose from and occurred during employment.

Severity and treatment also play a role in how incidents are handled. OSHA requires injuries that require medical treatment beyond first aid to be recorded. Workers' compensation typically covers a much broader range of injuries including coverage of the administration of first aid. For example, a worker who suffered a back injury while playing in their weekend softball championship has the injury exacerbated at work to where they need medical treatment beyond first aid. This would be a recordable injury according to OSHA but may not be compensable by workers’ compensation rules since the injury didn’t occur in the work environment.

Pre-existing conditions can make a difference as well. If an injury is a significant aggravation of a pre-existing condition, it may be recordable under OSHA but not paid for under workers' compensation.

Personal and recreational activities are also key differences in how incidents are handled. For example, injuries that occur during personal activities on an off-site lunch break are typically not considered work-related under OSHA but could still be recordable under workers' compensation. Additionally, certain incidents, such as those involving voluntary participation in wellness programs or recreational activities, are not required to be recorded under OSHA but may still be compensable under workers' compensation.

The state where the incident occurs can also play a role in how OSHA and workers’ compensation pan out. Workers’ compensation is purely a state-owned program and differs for each state. From the OSHA lens, even if a state has their own OSHA-approved plan, each state must still comply with federal regulations at 29 CFR 1904.

A visual comparison

Understanding the differences between the two systems ensures that all relevant injuries are accurately recorded on the OSHA log and reported to workers’ compensation. Each serve distinct purposes and follow specific criteria.

Key reporting criteria for each include:

Knowing how each system defines and handles injuries helps employers:

• Avoid misreporting,
• Ensure timely and accurate claim processing,
• Maintain compliance,
• Manage risks effectively, and
• Support the fair treatment of injured workers.

This clarity also improves communication between interdepartmental teams (specifically safety, HR, and legal), reduces the risk of audits or penalties, and fosters a culture of transparency and trust in workplace safety practices.

Keys to remember: Understanding the differences between OSHA recordable incidents and workers’ compensation claims are essential for ensuring regulatory compliance, protecting workers, and avoiding potential legal disputes.

Stools are working surfaces

The regulation at 1910.21 defines a walking-working surface as “any horizontal or vertical surface on or through which an employee walks, works, or gains access to a work area or workplace location.” This broad definition likely covers all plastic or aluminum stools that employees climb on and work from.

Having employees conduct pre-use inspections would fulfill the regular inspection obligation. Employees would need training on what defects require removing the stool from service. Defects might include damaged or missing non-slip feet, loose or missing treads, cracks in a plastic stool, loose bolts or damaged rivets on metal stools, or bent legs on metal stools.

Employees don’t need to document these inspections, but if OSHA asks them to demonstrate the process, employees should be able to describe what defects they look for and how they deal with a problem, such as tagging and removing the stool from service. Employers might want inspection documentation for various reasons, but employees who can demonstrate how they perform inspections should be able to convince an OSHA inspector that they do so regularly.

Training should also cover when to perform an “as necessary” inspection. After all, damage to a stool typically occurs during use, not while the stool is sitting unused overnight. Employees should perform another inspection if they hear a crack when stepping up, see a rubber foot come off, or notice something else that doesn’t look or sound right.

For more information on ladder safety, see our article, Portable ladder users must comply with OSHA and the law of gravity.

Attention to safety

Make sure employees know how to remove a damaged stool from service and how to get a replacement quickly. Employees should not use a damaged or unsafe stool because they “just needed one quick thing” and couldn’t find another stool.

If an OSHA inspector sees a damaged stool in use, the inspector could potentially cite 1910.22(d)(1) for a working surface that was not “maintained in a safe condition.” Moreover, if the inspector asks whether someone regularly inspects all walking-working surfaces, including stepstools, the employer should be able to answer affirmatively. In addition to avoiding a possible OSHA citation, these procedures help improve worker safety by ensuring that employees do not attempt to climb on damaged stools.

Key to remember: Train employees to regularly inspect stepstools, including stools that do not meet OSHA’s definition for portable ladders, since those devices are still walking-working surfaces.

1. What are the main OSHA standards that apply to cranes, lifts, and scaffolds?

The regulations are extensive, both for general industry and construction. While most of the requirements are very similar, we encourage you to review the regulations specific to your industry.

Construction:

• Cranes: 29 CFR 1926 Subpart CC (Cranes & Derricks in Construction)
• Aerial lifts: 29 CFR 1926.453 (part of Subpart L – Scaffolds)
• Scaffolds (including scissor lifts): 29 CFR 1926 Subpart L

General industry:

• Cranes: 29 CFR 1910.179 (Overhead & Gantry Cranes); 1910.180 (Crawler locomotive and truck cranes)
• Aerial lifts & scissor lifts: 29 CFR 1910.67
• Scaffolds: 29 CFR 1926 Subpart L
• Scissor lifts: 29 CFR 1926 Subpart L

Note that OSHA considers scissor lifts to be “mobile scaffolds” which are found in 1926 Subpart L and are applicable to both general industry and construction.

2. Who is allowed to operate cranes and aerial lifts?

OSHA requires only trained and qualified operators—but the qualification process varies slightly.

Construction: Crane operators must be certified by an accredited testing organization or through an audited employer program (1926.1427). Aerial lift operators must complete task-specific training before use.

General industry: While crane operators do not always need formal third-party certification, they must be designated, trained, and competent to operate safely (1910.179). Aerial lift operators must still be trained per 1910.67(c)(2).

In both settings, refresher training is required if unsafe operation or new equipment is introduced.

3. How often do cranes, lifts, and scaffolds need to be inspected?

Inspection frequency and documentation are important for all pieces of equipment.

• Cranes: Daily visual checks before use; monthly checks; and annual inspections by a qualified person are required in both industries.
• Aerial lifts: Pre-use inspections each day of operation are mandatory for both industries.
• Scaffolds: Must be inspected by a competent person before each shift and after any event that could affect stability.

4. What fall protection is required when using this equipment?

• Aerial lifts: Both standards require a body harness and lanyard attached to the lift’s designated anchor point.
• Scaffolds: Construction regulations have different fall protection requirements depending on which type of scaffold is used, while general industry applies fall protection at 4 feet (1910.28).
• Scissor lifts: While it is highly recommended, fall protection is not required in scissor lifts if there is adequate guardrails in good condition.

5. What are common violations to watch out for?

Top OSHA citations include:

• Untrained or uncertified operators
• Missing or damaged guardrails on scaffolds
• Failure to perform required inspections
• Overloading equipment beyond capacity
• Lack of fall protection during maintenance or setup

Proactive training, documented inspections, and strong safety culture reduce risk and help avoid citations under either standard.

Key to remember: Compliance with OSHA’s cranes, lifts, and scaffolds regulations protects workers and avoids hefty penalties from violations.

OSHA’s latest action

Without announcement in the first week of August, the memo, “Violation Grouping and Discretionary Ungrouping,” dated April 3, 2024, slipped off the active OSHA memos webpage. It landed squarely on the OSHA archives page. Now an OSHA spokesperson reveals to J. J. Keller® Compliance Network, “The referenced OSHA memo … was determined to be unnecessary since agency policy in the OSHA Field Operations Manual provides clear guidance to OSHA field staff on when citation item grouping may be considered.” What’s more, that manual “provides discretion to Area Directors to consider the grouping status of citation items for the purpose of achieving an appropriate deterrent effect,” the spokesperson adds.

Background on the memo

The memo first surfaced in January 2023, entitled, “Exercising Discretion When Not to Group Violations.” In it, OSHA explained that enforcement activity may lose its deterrent effect when citations are grouped. Ungrouping, the agency claimed, also offered something else — it would “more accurately capture an employer’s overall lack of compliance.”

In the memo, OSHA went on to discuss the general decision-making authority of Regional and Area Directors to “refrain from grouping violations” where they are separate and distinct. The agency argued that this option “helps deter employers from flagrantly disregarding their responsibilities to protect workers and comply with OSHA standards and regulations.”

Then OSHA revised the memo in April 2024, keeping much of the same rhetoric with a new subject line, “Violation Grouping and Discretionary Ungrouping.” This time, OSHA went into greater detail. It stressed that OSHA offices could ungroup for separate and distinct violations, even if other OSHA policies or directives recommend grouping the violations. The document advocated that discretionary ungrouping should be considered where one or more factors are met:

• The employer is currently on the Severe Violator Enforcement Program (SVEP) list OR has a history of willful, repeat, or failure-to-abate violations;
• The latest violative conditions are related to an incident that resulted in a fatality, catastrophe, or reportable injury/illness;
• The inspection resulted in one or more willful, repeat, or failure-to-abate violations, or a significant number of serious violations;
• The inspection was initiated due to a release of a highly hazardous chemical;
• The inspection identified worker exposures to hazardous chemicals over the applicable OSHA permissible exposure limit; or
• The inspection uncovered violations related to National Emphasis Program hazards.

In addition, Area Directors were informed that they may use discretionary ungrouping in the absence of any of the above factors.

Only Field Operations Manual (FOM) remains

The ungrouping specifics from the April 2024 memo are not found in the OSHA FOM. Instead, chapter 4, Violations, of the manual offers a short section X that outlines OSHA policies for:

• The mandate to combine violations of a single regulation (e.g., 1910.212(a)(3)(ii)) having the same classification (see section X.A.),
• The ability to group violations into a single one under certain conditions (see section X.B.), and
• Situations when violations cannot be grouped, including for multiple inspections, separate establishments of the same employer, General Duty Clause violations, and egregious violations (see section X.C.).

Section X.B. reads, “When a source of an identified hazard involves interrelated violations of different standards, the violations can be grouped into a single violation …” The statement from the OSHA spokesperson is similarly worded when it says, “grouping may be considered,” and “consider the grouping status of citation items.” Does this mean that violations by default are ungrouped? Does it also mean that Regional or Area Directors are permitted to then keep them ungrouped or otherwise separate grouped violations?

The answers are unclear because the FOM does not explicitly give directors the latitude to ungroup, aside from the violation types that cannot be grouped per section X.C. Likewise, chapter 4 does not cover when it’s advisable to keep violations ungrouped or to convert grouped violations to ungrouped ones. Moreover, it makes no mention of deploying ungrouping for an appropriate deterrent effect.

Key to remember

OSHA inactivated its “Violation Grouping and Discretionary Ungrouping” memo in August. The agency’s FOM continues to provide OSHA field staff with instruction on when a citation item may be combined or grouped or when it must not be grouped. However, unlike the memo, the FOM does not explore when agency directors should give thought to ungrouping violations, beyond those in section X.C.

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

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

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

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

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

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

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

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

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

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

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

Why focus on lithium-ion batteries?

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

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

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