HR Monthly Round Up - February 2024

Compliance considerations

Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.

Air permits

• State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.

• In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.

• Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: NSR Permits.

(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)

• Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.

• The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.

• Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.

• After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits

EPA emission standards

The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.

These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.

Other Regulations

Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:

• Aboveground Storage Tank (AST) Requirements

• Spill Prevention Control and Countermeasure (SPCC) Plans

• EPCRA Tier II Reporting

Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.

Hazardous materials

The term hazardous material is defined by the Department of Transportation and refers to any substance or material that poses an unreasonable risk to health, safety, and property during transportation. Hazardous materials include hazardous substances, hazardous wastes, marine pollutants, and elevated-temperature materials. Essentially, if it’s dangerous and transported, it’s considered a hazardous material.

Hazardous waste

On the other hand, hazardous waste is defined by the Environmental Protection Agency. It refers to contaminated chemicals or by-products that no longer serve their purpose and need to be disposed of. Hazardous wastes are either listed or exhibit characteristics like ignitability, corrosivity, toxicity, or reactivity. It’s essentially waste that poses a danger to health or the environment and requires special handling and disposal.

To put it simply, hazardous material is a broad term that includes various dangerous substances during transportation, while hazardous waste specifically refers to dangerous by-products that need disposal. Understanding these terms is crucial for compliance with environmental and safety regulations.

If you ever find yourself unsure, remember that hazardous materials are about transportation risks, and hazardous wastes are about disposal risks.

What does the standard require?

The OSHA First Aid standard (29 CFR 1910.151) requires trained first aid providers at all workplaces of any size if there is no “infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees.”

In addition to first aid requirements, several OSHA standards also require training in cardiopulmonary resuscitation (CPR) because sudden cardiac arrest from asphyxiation, electrocution, or exertion may occur. These standards include permit-required confined spaces; logging; diving; and electrical power generation, transmission, and distribution.

First aid trained or first responder?

OSHA requires prompt first aid treatment for injured employees, either by providing for the availability of a trained first aid provider at the worksite, or by ensuring that emergency services are within reasonable proximity of the worksite. Whether the first aid provider is a first responder or is first aid trained is up to you and your risk assessment.

Employees considered first aid trained can provide initial treatment to an injured person until more qualified personnel arrive. First aid trained individuals can triage injuries, control the scene to keep others safe, and call for emergency services when needed. Not all first aid trained employees will feel comfortable performing CPR, using an automated external defibrillator (AED), or splinting a broken bone, however.

First responders, though similar in their role, typically have a higher degree of training than first aid trained individuals. Generally speaking, first responders are those that beat the ambulance to the scene such as firefighters or police officers. These responders can perform rescue services or escalate emergency care as needed, such as performing cardiopulmonary resuscitation (CPR) or controlling severe bleeding.

Who is more vital for handling an emergency at your facility? Both! First aid trained employees have process and facility training that first responders may not. For example, they may be more familiar with chemicals on site or process operations. Therefore, they can navigate facilities to reach injured employees quicker to begin initial treatment. First responders, on the other hand, will have a higher level of training for first aid treatment of more complicated injuries.

What’s considered “near proximity”?

OSHA clarifies in a letter of interpretation (LOI) from March 23, 2007, that, “While the first aid standards do not prescribe a number of minutes, OSHA has long interpreted the term ’near proximity’ to mean that emergency care must be available within no more than 3-4 minutes from the workplace. Medical literature establishes that, for serious injuries such as those involving stopped breathing, cardiac arrest, or uncontrolled bleeding, first aid treatment must be provided within the first few minutes to avoid permanent medical impairment or death. Accordingly, in workplaces where serious accidents such as those involving falls, suffocation, electrocution, or amputation are possible, emergency medical services must be available within 3-4 minutes, if there is no employee on the site who is trained to render first aid.”

Regarding work areas, such as offices, where the possibility of such serious work-related injuries is less likely, a longer response time of up to 15 minutes may be reasonable. OSHA gives employers discretion in determining higher risk areas that may need sooner response times.

Employers choosing to rely on assistance from outside emergency responders as an alternative to providing trained responders must ascertain that emergency medical assistance will be promptly available when an injury occurs.

Training requirements

OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as the American Heart Association or the American Red Cross is recommended. Successful completion of any first aid training program should include instructor observation of acquired hands-on skills and written performance assessments.

Keys to remember

OSHA 1910.151 requires employers to ensure prompt first aid treatment for injured employees, either by providing for the availability of a trained first aid provider at the worksite, or by ensuring that emergency services are within reasonable proximity of the worksite. Employers should consider the workplace, hazards, workforce, and location when determining whether to have first aid trained employees or first responders for medical aid.

Infectious Diseases Rule

On January 14, 2025, the Office of Management and Budget (OMB) withdrew the Infectious Diseases proposed rulemaking from the review schedule. OSHA’s hope was that the OMB would approve the proposal in time for a January 2025 publish to the Federal Register. With the withdrawal of the rulemaking from OMB review, the future of the Infectious Disease proposed rulemaking is unclear.

COVID-19

Additionally, OSHA announced on January 15, 2025, the withdrawal of the non-recordkeeping portions of the Healthcare Emergency Temporary Standard (ETS). However, OSHA has declared that the recordkeeping and reporting requirements, which were adopted under a separate provision of the OSH Act, would remain in effect.

This means that OSHA will not cite employers for COVID-19 recordkeeping violations under its Healthcare ETS. These regulations are specific to healthcare settings and although they remain in effect, OSHA will not enforce them until further notice.

National Emphasis Program

OSHA's COVID-19 National Emphasis Program (NEP) was also discontinued, effective January 16, 2025. The nationwide enforcement cancellation was based on updated public health guidance from the Centers for Disease Control and Prevention and the World Health Organization indicating that the COVID-19 global health emergency has ended.

These changes don’t mean there are no longer any infectious disease or COVID-19 hazards, especially for healthcare workers. Employers must still protect workers from hazards and exposures, and OSHA will continue to enforce related regulations like respiratory protection (1910.134), personal protective equipment (PPE) (Subpart I) and the general duty clause.

Key to remember: Despite the cancellation or pause of some infectious disease standards, employers must still protect workers from infectious diseases under other regulations like respiratory protection, PPE, and the general duty clause.

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!

Reducing potential liability

ADAS technologies like lane departure warnings (LDW), automated cruise control (ACC), and automatic emergency braking (AEB) are expensive but designed to prevent accidents and make collisions less severe. If drivers aren't trained or the systems aren't maintained, it can lead to negligence claims after a crash. To get the most out of ADAS, drivers and technicians need to be trained to avoid misuse and legal issues.

Maintaining system readiness

Conducting regular maintenance checks and requiring drivers to report system defects for immediate repair ensure ADAS works when needed.

A horrific example of when this didn't occur was in 2020. A crash on the Pennsylvania Turnpike involved a motorcoach and two package carriers. There were five deaths and 60 injuries. The motorcoach was speeding and overturned in the roadway ahead of the package carrier vehicles. One package carrier vehicle’s AEB system wasn't working, which could have slowed the vehicle sooner. The National Transportation Safety Board (NTSB) findings stated that drivers should report defects in collision avoidance systems to trigger timely repairs.

Training enhances safety

ADAS technologies are only as good as the drivers operating the equipped vehicles. Having properly trained drivers is a top concern of fleet safety professionals.

The J. J. Keller Customer and Market Insights 2025 State of Fleet Management survey found that 58 percent of respondents chose “How to safely and correctly operate their specific vehicle types” as the most important item in the Driver Knowledge and Skill category. Additionally, under the New Vehicle Technology category in the same survey, the top concern was “Drivers accepting and properly using new vehicle technology” with 43 percent of respondents making that selection.

Proper ADAS training ensures that drivers understand:

• The importance of a working system and reporting defects,
• How to recognize and not overreact to system alerts, and
• How to respond when ADAS actively depowers, brakes, or steers the vehicle.

In April, Nationwide Insurance’s Driving Behaviors 2025 study found that 7 in 10 drivers fear, injury, death, or lawsuits while driving a CMV. Proper training upon assignment to an ADAS-equipped vehicle can significantly reduce driver anxiety and the likelihood of accidents, protecting both the drivers and the public.

Maximizing efficiency

ADAS can enhance fuel efficiency and safety. The use of ACC maintains optimal speeds and safe following distances, and achieves better fuel economy. When drivers are trained to use these features effectively, motor carriers can see a noticeable improvement in fuel efficiency and overall fleet risk performance.

Keys to remember: Training drivers and technicians on ADAS is not just necessary but strategically important for motor carriers. Documented training enhances safety, maximizes efficiency, builds driver confidence, and reduces liability risks.

What is a split specimen?

When a driver gives a urine sample for the purposes of DOT drug testing, the collector will split the specimen into two separate containers. The container labeled as the primary specimen will be tested by the lab; the container labeled as the secondary specimen is only tested if the driver requests that it be tested after the primary specimen is verified as positive, adulterated, or substituted.

How does a driver request that the split specimen be tested?

When the medical review officer (MRO) contacts the driver about a verified positive, adulterated, or substituted test, the MRO will inform the driver of the driver’s right to have the split specimen tested. The driver then has 72 hours from the time of notification to request via the MRO that the split specimen be tested.

What happens while the split specimen is being tested?

Because the driver’s primary specimen was verified positive, adulterated, or substituted, the motor carrier should have already pulled the driver from performing safety-sensitive functions. The driver cannot resume driving while the split specimen is being tested. Whether the driver is reassigned to a non-driving position or is suspended depends on the motor carrier’s drug and alcohol policy.

Who pays for the split specimen to be tested?

The regulations specify that the carrier cannot delay lab testing in order to collect payment from the driver. The secondary specimen should be submitted for testing as soon as the driver requests it, and motor carrier will be billed through the carrier’s lab account. In some cases, the motor carrier can seek reimbursement from the driver for full or partial costs of the split-specimen test.

Is the drug violation reported to the Drug and Alcohol Clearinghouse right away, or does the MRO wait for the results of the test on the secondary sample?

The MRO will report the positive, adulterated, or substituted drug test result to the Drug and Alcohol Clearinghouse within two business days of verifying the result for the primary specimen. Once the MRO receives the lab results for the secondary sample, one of three things happens:

1. The secondary test result reconfirms the primary test result. The violation stands and remains in the Clearinghouse.
2. The test of the secondary sample fails to reconfirm any of the original findings. The test will be canceled, and the MRO will change the result in the Clearinghouse within one business day of receiving the secondary test results.
3. The test of the split specimen does not reconfirm the original result but identifies something suspicious in the secondary sample. The regulations in 40.187 spell out a variety of situations that require the driver to be tested again, such as if the secondary sample is invalid or if part of the original result is reconfirmed but the sample also tests as substituted or adulterated. If any of these complex scenarios applies, the MRO will direct the carrier’s designated employer representative (DER) to immediately send the driver for another collection under direct observation. If that test result is negative and is not adulterated or substituted, the MRO will change the result in the Clearinghouse within one business day of receiving the secondary test results. Otherwise, the violation will stand and remain in the Clearinghouse.

Key to remember: Dividing a urine specimen into two samples allows for a driver to request that the secondary sample be tested if the first specimen indicates drug use. This is an important part of the driver’s right to due process.

The intent of the standard

OSHA’s powered industrial truck (PIT) standard (29 CFR 1910.178) is intended to ensure the safe use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The standard outlines requirements for operational permits and certification.

And, though not specified in the standard itself, PIT operators must be at least 18 years old per federal child labor regulations.

License and certification Q&A

The OSHA PIT standard clearly defines requirements for training and certification. However, some licensing and certification information isn’t as clear. Here are some clarifications:

Q: Who can train, evaluate, and certify PIT operators?

A: OSHA requires in 1910.178(l)(2)(iii) that, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.” The OSHA standard doesn’t further define this requirement or set any specific or additional certifications.

Q: Does OSHA require PIT operators to have a valid driver's license?

A: Federal OSHA has no requirement that a forklift operator has a valid motor vehicle driver's license. Some states are more stringent, so check your local and state requirements to confirm.

Q: Does OSHA have regulations that impact an employee’s ability to operate PITs if they’ve received a DUI or suspended license?

A: Because OSHA doesn't require a valid motor vehicle driver's license, the status of that license doesn’t impact PIT operator permitting. Individual states or the employer may have policies that dictate otherwise.

Q: Are PIT drivers required to have their license on them when they are working?

A: Federal OSHA doesn’t require PIT operators to have a license or permit. However, some states such as Michigan do require this. Typically, in states that require a permit or license, the license must be “readily available.” Companies have the option to require the permit or license be carried with the operator.

Q: Are operators required to be trained on each manufacture of PIT model?

A: A June 15, 1999, OSHA letter of interpretation (LOI) clarifies that operators are to be trained and evaluated in the safe operation for the type of truck they’ll be assigned. Operators wouldn’t need additional training for same truck types but would need additional training when truck- or workplace-related training topics are different.

Q: Do PIT operators need to be recertified if they move from one state to another with the same company?

A: In an LOI dated October 1, 1999, OSHA states, "As long as the employer has a reasonable basis to believe that the third-party trainer is qualified and has a program that meets the requirements of the standard, it can rely on that trainer to conduct the training and evaluation of employees and can certify that these employees have been trained. However, the employer may need to provide additional training on site-specific or truck-specific matters." This shouldn’t require retraining for the same type of forklift as already certified; however, workplace conditions or other factors of the new work location may require training for forklift operation in the other state(s).

Operator Impairments

In addition to being properly trained and evaluated, OSHA expects employers to ensure physical capabilities. OSHA references the American National Standards Institute (ANSI) Standard B56.1-1969. Section 6 clarifies that, “Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."

Employers should consider OSHA PIT regulations and the General Duty Clause, ANSI standards, and the Americans with Disabilities Act (ADA) requirements when evaluating physical qualifications. In short, if a worker demonstrates the visual, auditory, and mental ability to safely operate PITs, he or she is permitted to operate them.

Keys to Remember

OSHA requires employers ensure the safe use of forklifts and other powered industrial vehicles. Employers must ensure operators have the knowledge, skills, and physical ability to safely operate PITs.

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.

Termination challenges

During the interactive portion of the event, J. J. Keller invited the HR professionals in attendance — some with decades of HR experience — to share stories about terminations they’ve handled, as well as any related questions.

Participants mentioned the risk of wrongful termination claims being filed when employees over age 40 must be let go, or when firing someone who has filed a workers’ compensation claim or requested Family and Medical Leave Act leave. The consensus was that these tricky situations required thorough documentation showing that the terminations were based on poor performance or improper conduct.

“You can’t show favoritism,” said an attendee. “If you discipline one employee for something, you have to discipline all employees who have the same performance or conduct issues.”

What has worked

Because terminations often involve sticky issues, one attendee suggested all managers be encouraged to bring in HR sooner rather than later during the discipline process. Another tip shared was to be sure all employees (including frontline supervisors) are trained in company policies and procedures, and that policies and procedures are implemented consistently.

3 keys to smoother terminations

Avoiding termination troubles was summed up by virtual conference attendees in three words:

1. Consistency. Policies must be enforced equally for all employees.
2. Respect. Employees should be treated with respect throughout the disciplinary process.
3. Documentation. Performance records, disciplinary measures that have been implemented, and conduct issues must be thoroughly documented to mitigate the risk of wrongful termination claims.

Key to remember: Virtual conference attendees came away with the message that they are not alone when it comes to termination challenges, but that through respect, consistency, and documentation, they can reduce the risks involved when an employee must be let go.

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.

#1 Start here

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

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

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

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

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

#2 Train on these topics

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

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

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

Truck-related topics include the following:

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

Workplace-related topics are examples like these:

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

#3 Determine success

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

#4 End here

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

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

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

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

Action item

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

Key to remember

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

Steps to conduct a PPE hazard assessment

1. Find hazards: Look around the workplace to spot any dangers. This includes checking equipment and materials while also reviewing work procedures.
2. Choose the right PPE: After finding the hazards, pick the right protective gear to keep workers safe. Think about the type of hazard and how much protection is needed.
3. Train employees about PPE: Make sure workers know how to use selected PPE correctly. Employers should teach workers how to use, care for, and understand the limits of PPE. Training should cover when PPE is needed, how to put it on and take it off, how to inspect it, and how to keep it clean.
4. Ensure proper fit: PPE must fit each worker properly to be effective. Employers should check that the gear fits well. Poorly fitting PPE can create additional hazards.
5. Verify the assessment: OSHA requires employers to prove they did a hazard assessment. The proof should contain details such as the work area examined, the individual who conducted the assessment, and the date(s) on which it was performed.

Example scenario

Let's walk through each step of a PPE hazard assessment using a hypothetical example of a worker in a manufacturing plant.

In this example, we're assessing workers on an assembly line who operate machinery, handle materials, and perform quality checks.

Step 1: Identify potential hazards

• Mechanical: Moving parts of machinery that could cause cuts or crushing injuries.
• Chemical: Exposure to cleaning agents or lubricants.
• Noise: High levels of noise from machinery.
• Eye: Risk of flying particles during material handling.

Step 2: Select appropriate PPE

Based on the identified hazards above, the following PPE is selected:

• Mechanical: Safety gloves to protect hands from cuts and crush injuries.
• Chemical: Chemical-resistant gloves and aprons to prevent skin contact with harmful substances.
• Noise: Earplugs or earmuffs to protect hearing.
• Eye: Safety goggles to shield eyes from flying particles.

Step 3: Communicate PPE decisions

Inform the workers about the selected PPE:

• Explain why each piece of PPE is necessary.
• Demonstrate how to properly use and wear the PPE.
• Emphasize the importance of using PPE at all times in the designated areas.
• Answer questions and address concerns from workers.

Step 4: Ensure proper fit

Check that the PPE fits each worker correctly:

• Ensure gloves are the right size and provide adequate dexterity.
• Confirm that earplugs or earmuffs fit comfortably and effectively reduce noise.
• Verify that safety goggles fit appropriately and don't obstruct vision.

Step 5: Verify hazard assessment

Document the hazard assessment:

• Work Area Evaluated: Assembly Line
• Person Certifying the Assessment: Safety Manager
• Date of Assessment: May 1, 2025

What does OSHA say?

Under 29 CFR 1910.132, OSHA requires a thorough, documented assessment that effectively will make sure workers have the right equipment to protect them from the hazards they face every day on the job, including:

• 1910.132(d)(1): "The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE)."
• 1910.132(d)(2): "The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s) of the hazard assessment, and which identifies the document as a certification of hazard assessment."

Key to remember: OSHA requires documented PPE assessments when hazards necessitate its use. By doing thorough assessments, choosing the right PPE, and providing effective training, employers can ensure compliance but, more importantly, keep their workforce safe from job hazards.

Other safety tips

Tornado safety involves three phases: Preparing in advance, Staying safe during the storm, and Staying safe after the storm.

Employees should prepare a plan and an emergency kit, monitor weather conditions during thunderstorms, and know the best places to shelter wherever they work.

Employers should prepare a business continuity plan for dealing with the aftermath, from cleaning up the site to resuming business operations.

During a tornado warning, employees should remain in a shelter until given an all-clear signal. At a fixed worksite, this may come from an employer announcement. At other locations, employees may need to monitor conditions on their phone or radio.

After the storm, employees may need a way to communicate if they are trapped or injured. They should also watch for hazards such as downed power lines, gas leaks, building damage, or debris.

Key to remember: Tornadoes can happen at any time, but Spring is most active, and employers should prepare to protect workers.

1. Develop, implement, and enforce an energy control program

A well-documented energy control program is the foundation of lockout/tagout safety. Construction companies should create clear policies and procedures for controlling hazardous energy and ensure strict enforcement. VisitJ. J. Keller Safety Management Suite to access over 125 safety policies pre-written templates, including Lockout/Tagout and Hazardous Energy Control.

2. Use lockout devices for equipment that can be locked out

When machinery can be locked out, a physical lockout device must be used to prevent accidental activation. If the equipment cannot be locked out, additional safety measures must be in place to ensure worker protection.

3. Establish a tagout program for equipment that cannot be locked out

If machinery lacks a lockout option, an effective tagout system should be implemented. Tagout devices must provide the same level of safety as lockout devices, warning employees not to operate the equipment.

4. Document and enforce energy control procedures

Energy control procedures should be written, detailed, and regularly reviewed to ensure they remain effective. These procedures must outline the steps required for shutting down, isolating, and securing hazardous energy sources.

5. Use standardized and durable lockout/tagout devices

All lockout/tagout devices must be standardized in appearance, durable, and substantial enough to prevent accidental removal. Only authorized devices should be used to ensure consistency and reliability.

6. Clearly identify lockout/tagout devices by individual users

Each lockout/tagout device must be labeled to identify the employee who applied it. This helps prevent accidental removal and ensures accountability in the lockout/tagout process.

7. Restrict lock removal to the employee who applied it

To maintain safety, only the individual who applied a lockout/tagout device should remove it. If removal by another person is necessary, strict procedures should be followed to ensure the safety of all employees. See our FAQ for more information: Can a lock be cut off if the person who applied it isn’t there to remove it?

8. Conduct annual inspections of energy control procedures

Regular inspections of lockout/tagout practices help identify potential issues and ensure compliance with OSHA standards. Annual audits should confirm that all energy control procedures are followed correctly.

9. Provide mandatory training for all employees

Proper training is crucial for effective lockout/tagout implementation. Employers must ensure that all workers understand their roles, responsibilities, and the risks associated with hazardous energy. Retraining should occur periodically, when new procedures are developed and whenever new hazards arise.

10. Comply with OSHA standards for special situations

Additional lockout/tagout provisions apply in specific scenarios, such as:

• Testing or repositioning machines
• Working with outside contractors
• Group lockout situations
• Shift changes or personnel transitions
• Ensuring compliance with OSHA standards in these situations is essential for maintaining worker safety.

Key to remember: By following these 10 steps, you can create a safer work environment and maintain compliance with OSHA regulations.

Follow the procedures

Mechanics may work on dozens of machines, and each machine may have unique lockout/tagout procedures. But do the mechanics actually read and follow the procedures for each machine? Or do they just “know what to do” based on experience? Could other maintenance staff follow the procedures as written?

Make sure that authorized employees actually follow the procedures. If they are unsure about any part of a procedure, or if they skip a step that doesn’t make sense, then the procedure should be updated.

If additional training is needed, it may be best to conduct the training at the machine and ask the mechanics to indicate where the procedure is unclear. If the questions are more than the training group can handle, you may need to call in an expert (electrician, engineer, etc.).

As necessary, revise the procedure until it’s understandable. You want the procedures to be accurate and easy to use. If veteran mechanics think the procedure is hard to follow (or if they have ideas on how to improve the written steps), you want to correct those issues before contractors or new employees need to rely on the procedure.

Complete and accurate procedures not only keep your company in compliance, but help keep your employees safe.

Maintenance for safety and visibility

Ongoing maintenance ensures that the parking lot remains safe year-round. This includes patching potholes, repainting faded lines and crosswalks, trimming overgrown landscaping, and cleaning up spills and debris. Neglecting these tasks not only increases the likelihood of accidents but also weakens any argument that the employer acted responsibly. In addition, if an OSHA inspector arrives to conduct an inspection and notices poor maintenance outdoors, the inspector may expect similar conditions indoors. Lighting and surveillance are crucial components of a safe parking environment. Proper lighting – especially in corners, walkways, and entrances – not only reduces the chance of injuries but can also discourage criminal activity. Additionally, installing security cameras or scheduling security patrols adds another layer of protection and can be a major tool in establishing root cause or fault in an incident.

Training and reminders

Accidents spike when drivers are confused or lost, diverting their focus from driving. Clear signage and effective traffic flow design play a crucial role in preventing confusion and reducing the likelihood of vehicle accidents. Signs should clearly indicate one-way traffic, designate accessible and emergency parking areas, mark crosswalks, and clearly indicate speed limits. In high-risk zones, employers can further reinforce safety by installing speed bumps or raised walkways to slow traffic and protect pedestrians. Employee education is another key factor. Workers should receive training to stay alert in the parking lot, report any hazards or suspicious activity, and understand any company policies regarding safety escorts or after-hour procedures. Deliver regular reminders rather than waiting for a complaint or near-miss incident in the parking lot. When employees are part of the safety culture, they help prevent incidents and reinforce the organization’s commitment to their well-being. Finally, even with preventive measures in place, accidents can still happen. That is why it is important to have a response plan. This includes establishing an incident reporting procedure, documenting events thoroughly, and maintaining open communication with your employees. The ability to respond quickly and effectively can significantly reduce both the impact of an incident and the legal consequences that could follow.

Keys to remember: Keep parking lots safe with regular maintenance, good lighting, clear signage, and employee awareness. A proactive approach not only prevents accidents but also protects businesses from liability.