Is fall protection required for workers on semi trailers?

What are PFAS?

PFAS, called “forever chemicals,” are long-lasting manufactured chemicals that may pose risks to human and environmental health. With thousands of PFAS chemicals, however, controlling their use to reduce the risks is no easy task.

Additionally, PFAS appear in nearly every sector. They’re used in a wide range of products (like food packaging, cleaning products, and textiles) and for commercial and industrial applications.

Current state PFAS actions

Multiple states already have PFAS rules on the books. Check out these examples:

• California bans selling or distributing in commerce any new juvenile product that contains regulated PFAS chemicals (CA HSC Section 108946), such as changing pads, motor vehicle child restraint systems, playpens, and strollers.
• Colorado requires manufacturers of cookware with intentionally added PFAS in the handle or any product surface that contacts food to, among other things, list the presence of PFAS on the product label (House Bill 22-1345).
• Hawaii prohibits manufacturing, selling, offering for sale, and distributing for sale or use food packaging — wraps, liners, plates, food boats, and pizza boxes — with intentionally added PFAS (Act 152 Relating to environmental protection).
• Maryland bans manufacturing, selling, and delivering cosmetic products that contain any of 13 specified PFAS (Md. Code, Health-Gen. Section 21-259.2).
• New York forbids selling or offering for sale new apparel with intentionally added PFAS (N.Y. Consolidated Laws Section 37-0121).

Many states also have proposed PFAS rules under consideration.

Stay alert to state PFAS actions

If your facility uses PFAS, it’s essential to know whether the state has regulations that apply to your operations. Plus, knowing the state’s potential future PFAS rules coming down the pipeline can help you better prepare to comply.

Consider these general tips to support your facility’s efforts to track state PFAS actions:

• EPA provides an online list of the state environmental agencies with links to their websites. Check the state environmental agency’s online news and press releases for policy updates.
• Search for a dedicated rulemaking webpage, as many states maintain a list of proposed and recently adopted regulations. Note that some state sites may be easier to navigate than others, and some state sites may not have a dedicated rulemaking webpage.
• Establish a contact at the state environmental agency. Each agency should list contact information, so don’t hesitate to reach out. You may be able to find someone at the agency who can answer questions about the state’s current and future PFAS rules.

Staying alert to state PFAS regulations can help your organization maintain compliance.

Key to remember: States across the country continue to consider and implement regulations related to PFAS. Staying alert to state PFAS actions is key for businesses to stay compliant.

Real-time monitoring improves oversight and response

One of the most important advancements is the use of real-time sensors and Supervisory Control and Data Acquisition (SCADA) systems. These tools allow operators to monitor key factors like pH, flow rate, temperature, and contaminant levels around the clock. If something goes out of range, alerts are sent immediately – helping prevent violations and environmental damage.

Automated sampling and reporting also make it easier to meet regulatory requirements. By reducing manual work and improving accuracy, facilities can respond faster to changes in discharge conditions. This is especially helpful in industries where wastewater characteristics vary, such as food processing or chemical manufacturing.

Predictive analytics and AI support proactive management

Beyond monitoring, predictive analytics and artificial intelligence (AI) help facilities anticipate problems before they happen. By analyzing past data, these systems can predict equipment failures, detect changes in influent quality, and recommend better chemical dosing strategies.

Such a proactive approach reduces downtime, lowers maintenance costs, and improves treatment results. It also helps with long-term planning by identifying trends that may point to needed upgrades or process changes.

Digital twins enable safer, smarter optimization

Some facilities are using digital twins – virtual models of their pretreatment systems. These models simulate real-world operations, allowing engineers to test changes in flow, chemical use, or equipment without affecting actual processes.

Digital twins are also useful for training. New staff can explore how the system works and practice emergency responses in a safe, controlled environment.

Cybersecurity and data protection are growing priorities

As more systems become connected, cybersecurity is a growing concern. Facilities must protect their digital systems from unauthorized access and data breaches. This includes using secure networks, encrypted communication, and regular system checks to ensure data is safe and reliable.

Looking ahead: integration and interoperability

The future of smart pretreatment lies in system integration. Facilities are looking for platforms that combine data from sensors, lab tests, maintenance logs, and compliance reports. When digital tools work together, operators get a clearer view of system performance and can make better decisions.

Key to Remember: Digital tools are no longer optional—they’re essential for modern industrial wastewater pretreatment. By adopting smart technologies, facilities can improve compliance, reduce costs, and support environmental goals.

Starting destination: About the program

The RFS program (see 40 CFR Part 80 Subpart M) requires gasoline and diesel fuel (called transportation fuel) that’s sold in the U.S. to contain a specific volume of renewable fuel. There are four renewable fuel categories:

• Advanced biofuel,
• Biomass-based diesel (or BBD),
• Cellulosic biofuel, and
• Total renewable fuel.

The route to compliance for refiners and importers that produce, distribute, and sell transportation fuel consists of annual standards, volume requirements, and demonstration.

Stop 1: Discover the annual standards

EPA sets national annual volume requirements for renewable fuel that must be blended into the U.S. market’s total amount of transportation fuel. The agency establishes volumes for each renewable fuel category in addition to corresponding percentage standards.

For example, EPA’s waiver for cellulosic biofuel lowered the 2024 annual volume requirement to 1.01 billion gallons and the percentage standard to 0.59 percent, due to lower-than-expected production volume.

Stop 2: Calculate the volume requirements

Refiners and importers of transportation fuel (“obligated parties”) use the annual percentage standards to determine the number of gallons of gasoline or diesel fuel they must blend individually.

Obligated parties have to meet Renewable Volume Obligations (RVOs) for each type of renewable fuel. RVOs are based on the amount of fuel the parties produce or import (essentially, their share of total transportation fuel). They calculate individual RVOs using this formula:

• Gasoline and diesel production or import volume x Annual percentage standard + Any carryover deficit from the previous year

Consider an example using the amended 2024 requirements for cellulosic biofuel with these factors:

• A production/import volume of 500,000 gallons,
• An annual percentage standard of 0.59 percent, and
• A carryover deficit of 0.

• RVO = 500,000 x 0.59 percent + 0

In this example, the RVO for cellulosic biofuel in 2024 is 2,950 gallons.

Stop 3: Demonstrate compliance

Obligated parties must demonstrate compliance with their individualized RVOs annually. To do so, they need to obtain and retire enough Renewable Identification Numbers (RINs) to meet the RVO for each renewable fuel category (80.1434(a)(1)).

Obligated parties can get RINs by:

• Purchasing batches of renewable fuel and the RINs assigned to them, and/or
• Purchasing RINs that are no longer assigned to batches of renewable fuel.

Let’s look at a common path to obtaining RINs using a fuel blender:

• Fuel is generated.
  • RINs are generated and assigned to the renewable fuel a producer makes. (One RIN represents one ethanol-equivalent gallon of renewable fuel.)
  • An entity produces or imports nonrenewable fuel. The refiner or importer becomes an obligated party subject to RVOs.
• Fuel is blended.
  • A blender purchases renewable fuel with the assigned RINs from the renewable fuel producer and nonrenewable fuel from the obligated party.
  • The blender combines the renewable and nonrenewable fuels.
• RINs are separated.
  • Once the fuels are blended, the blender separates the RINs from the renewable fuel.
  • A service station purchases the blended fuel (without the RINs), and the blender sells/trades the RINs.
  • Obligated parties can purchase separated RINs to meet their RVOs.
• RIN transactions are recorded.
  • The obligated party records each purchase and sale of RINs it makes into the EPA Moderated Transaction System (EMTS). The EMTS tracks all RIN transactions.
• RINs are retired and/or carried over.
  • The obligated party retires the RINs needed to meet the RVO for all four renewable fuel categories (usually at the end of the compliance year).
  • If the obligated party has a surplus of RINs that didn’t have to be retired, the party can either:
    • Carry over the RINs into the next compliance year (after which they can’t be used for compliance), or
    • Sell the surplus RINs.

Final destination: Compliance

Obligated parties report the retired RINs in their annual compliance report (80.1451(a)(1)).

Key to remember: The route to successful compliance with the Renewable Fuel Standard program for gasoline and diesel refiners and importers consists of annual standards, volume requirements, and demonstration.

Will my facility have to comply?

EPA’s risk evaluation determines whether an existing chemical substance presents an unreasonable risk to health or the environment under specific conditions of use (COUs). Risk management regulations only apply to the COUs that present an unreasonable risk. If your facility engages in any covered COU, it will have to comply with the applicable future restrictions.

Let’s revisit the 1,1-dichloroethane risk evaluation. One of the three COUs that endanger the health of workers through inhalation exposure is the processing of the chemical substance for recycling. If a facility doesn’t process 1,1-dichloroethane for recycling, it won’t have to comply with future regulations for that COU.

Who’s affected?

The final risk evaluation defines the categories of human and environmental populations covered by the assessment (such as consumers, the general population, workers, and aquatic species), and it identifies the COUs that apply to them.

Knowing the types of populations that a covered COU affects can help facilities narrow down the kinds of compliance requirements that may apply. For instance, a final risk management rule may require facilities to:

• Implement a workplace chemical protection program for exposed employees,
• Send downstream notifications to supply chain members, or
• Add warning labels to consumer products.

What’s the regulatory timeline?

TSCA grants EPA one year from the publication date of the final risk evaluation to propose a risk management rule and another year after that to finalize it. So, potentially covered facilities can expect regulations within two years of the final risk evaluation.

For example, EPA published the final risk evaluation for 1,1-dichloroethane in June 2025, so the agency should finalize a rule by June 2027.

Compliance obligations for a final rule likely won’t begin immediately; EPA usually gives facilities time to make any needed changes to things like operations, equipment, etc.

How can my facility prepare?

Keep these tips in mind:

• Search for safer alternative chemical substances to use. In addition to eliminating the potential for new or additional compliance requirements, using a safer alternative can offer your business a competitive advantage. EPA’s Safer Chemical Ingredients List may be a good place to start.
• Look for ways to reduce employee exposure to the chemical substance. Evaluate your facility’s existing operations for ways to lower worker exposure. Consider things like changing work processes or upgrading to equipment with more protective features.
• Participate in the rulemaking. EPA will open its proposed risk management rule for public comments. You can provide feedback on the compliance requirements the agency plans to impose on regulated facilities. EPA will consider the public comments it receives before finalizing a rule.

Key to remember: EPA’s final chemical risk evaluations give facilities a heads-up that compliance changes are likely within the next couple of years.

Breaking down 382.603

The regulation requires driver supervisors to take:

• 60 minutes of training on drug use, and
• 60 minutes on alcohol misuse.

The training is used to help supervisors determine whether testing under 382.607 is warranted. The curriculum must cover physical, behavioral, speech, and performance indicators of possible alcohol and drug use. It also indicates the training is a one-time occurrence.

The regulations don’t address the medium by which to train. So, supervisors can spend two hours in a classroom, online, watching a video, or reading written materials. In addition, there is no mention of how to document completed training or provide proof of content or the two hours.

If you look at the definition of drug or controlled substance, Part 382 refers to those substances in 40.82 that are tested for in the DOT drug panel. Using this meaning, training programs should take at least one hour to address the physical and behavioral signs of using marijuana, cocaine, amphetamines, opioids, and PCP.

Another topic that is silent in the regulations is proof of training. Many carriers often retain:

• Training certificates,
• Syllabuses,
• Receipts for training performed through providers, and
• Purchased training curriculum (handbooks, videos, etc.).

Understanding 382.307

Since 382.603 references 382.607 (reasonable suspicion tests), it’s logical that the course should include information on protocols for the test type.

The language in 382.307 has a little more to work with (625 words) than 382.603. It states that the trained supervisor’s determination for drug and/or alcohol testing must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. For drugs, they add observations of chronic and withdrawal effects of drugs.

This additional information is invaluable during training. Supervisors learn they must be able to identify specific observations happening in front of them in the moment (contemporaneous) that they can describe (articulable) to justify the drug or alcohol testing request.

This same rule also discusses the timeline for alcohol testing (preferably within two hours of the observation, but no later than eight hours). And the supervisor is instructed to create a written record of the observations leading up to the reasonable suspicion test. This document must be drafted within 24 hours of the observations or before the results of the drug or alcohol tests are released, whichever is earlier.

Best practice content

The DOT-required elements of the supervisor training are procedural. Supervisors observe signs and symptoms, request testing, and document the incident.

However, there is the human element. The regulations don’t offer input into the relational aspect of the supervisor with the driver.

Consider expanding your training topics to include:

• Discretion (and respect) during confrontations;
• Appropriate language when approaching a driver, including:
  • Sticking to and restating just the facts,
  • Using objective terms, and
  • Showing concern for the driver;
• How to respond to a defensive driver; and
• Identifying possible medical issues or a handicap that may resemble impairment.

Key to remember: Supervisors who request reasonable suspicion tests must be trained. The two-hour training helps them identify drug or alcohol use, but the regulations leave much of the content up to the trainer.

5 key questions to determine applicability

To find out if the FMCSRs apply to your shuttle vehicle(s), answer these five questions:

1. Is your operation interstate or intrastate?

• Interstate commerce includes any travel that crosses state lines or is part of a trip that begins or ends out of state—even if the vehicle stays within one state. Shuttles picking up passengers from or delivering them to an airport is an example of a continuation of interstate commerce.
• Intrastate commerce is travel that stays entirely within one state and is not part of an interstate journey.

2. How many passengers is the vehicle designed to carry?

• The FMCSRs apply to vehicles designed to carry 9 to 15 passengers (including the driver) if used for compensation.
• If rated for more than 15 passengers (including the driver), the vehicle is a CMV regardless of compensation.
• Removing some of the seats doesn't change the vehicle’s regulatory classification.

3. What is the vehicle’s weight?

• Regulations apply if the gross vehicle weight rating (GVWR) or actual loaded weight is 10,001 pounds or more, regardless of compensation.
  • Example: An employee shuttle, even if there is no compensation received from passengers, is a CMV if the weight exceeds 10,000 pounds.

4. Is the operation for-hire or private?

• For-hire carriers that operate CMVs to transport passengers for compensation and are subject to the FMCSRs.

• Private motor carriers of passengers (PMCPs) may also be regulated:
  • Business PMCPs (e.g., employee shuttles) follow most FMCSRs, but are exempt from insurance rules.
  • Non-business PMCPs (e.g., church groups) must operate safely, but are exempt from many FMCSRs, including:
    1. Insurance,
    2. Driver qualification requirements listed under 391.68,
    3. Hours-of-service (HOS) logs (but must comply with HOS limits),
    4. Maintenance records as required by 396.3(b), and
    5. Driver vehicle inspection reports (DVIRs).

5. What kind of compensation is received?

• Direct compensation: Payment from passengers for transportation (e.g., ticket sales).
• Indirect compensation: Transportation included in a broader service (e.g., hotel or tour packages).
• If no compensation is received, the vehicle is rated for 15 or fewer passengers including the driver, and the vehicle is under 10,001 pounds, the FMCSRs generally don't apply.

General compliance requirements based on compensation for 9–15 passenger-carrying vehicles are as follows:

• Direct compensation or 10,001 pounds or greater:
  • Must register with FMCSA and display a USDOT number.
  • Comply with safety fitness, driver qualifications, hours of service, and maintenance rules.

• Indirect compensation involving vehicles not otherwise defined as a CMV in section 390.5 in the FMCSRs, according to 390.3(f)(6):
  • Must register and display a USDOT number,
  • Maintain accident records, and
  • Follow driver texting/cell phone restrictions.

Compliance tips

To be certain if your operation is regulated under the FMCSRs or state safety regulations:

• Consult a regulatory expert if your company does not have the expertise;
• Conduct a mock audit (internal or third-party) to identify compliance gaps; and
• Create an action plan, assign responsibilities, and audit compliance regularly.

The FMCSA expects documented efforts to improve safety management controls and compliance.

Key to remember: Businesses must know whether the FMCSRs or state regulations apply to their shuttle operations to minimize negative consequences of noncompliance.

Pro: Familiarity with the motor carrier

Acclimating a new hire to a corporate culture and learning a new job takes time. For some new employees, the company and/or position isn’t what they expected, so they eventually leave. Invaluable time is lost when a new person doesn’t work out.

But a former employee who is reapplying knows what to expect from the company and what the job entails. Unless the company and/or the job description has gone through major changes since the past employment period, there should be minimal surprises for the returning employee. The onboarding process should take less time, allowing the company to place the former employee into the position sooner than others, resulting in cost savings.

Pro: Access to work records

Former immediate supervisors should be able to recall the boomerang employee’s previous work history, and recruiters should have access to the employee’s performance reviews, exit interview, and so forth. This information will assist in knowing whether this individual is eligible for rehire.

Con: Reasons for leaving

Motor carriers should look at why the employee left the organization.

Was it due to:

• Unresolved grievances?
• Conflicts with coworkers and/or supervisors?
• Greener pastures?

If the reason for leaving still exists or resurfaces, you may see this employee exit once again.

Pro or con: Length away

The longer a former employee has been away from the company, the less likely you can apply past performance to present or future behavior.

Ask yourself:

• When you remember the employee’s performance, is it accurate or tainted by time?
• Has the individual changed? For example, has the time away provided growth, additional experience, and maturity?

Other considerations include a change in:

• Expectations of the position (e.g., knowledge, equipment); and
• Corporate culture (e.g., management, policies, and procedures).

The individual may no longer be a fit — or might be a better fit than before — based on these new factors.

Rehire interviews

Recruiters should not assume that a former employee will pick up where they left off. Boomerang employees should be formally interviewed just like any other applicant. Motor carriers should:

• Examine their skillset, current disposition, and any additional experience during the time away (e.g., new certifications or skills);
• Look for red flags, such as multiple employers over a short period or a poor safety history during the absence; and
• Determine, if possible, why the boomerang employee wants to return. It may not be the enthusiastic return the company had hoped for. For instance, a recent employment may not have worked out, and the former employer is just one option under consideration.

If the employee is rehired, don’t assume they can skip refresher training, especially if the person has been gone a while.

Key to remember: Rehiring former employees can offer some benefits. But each candidate must be taken on a case-by-case basis to determine whether a return is right for both the carrier and employee.

What is personal conveyance?

The personal conveyance exception allows a driver to use a CMV for personal reasons while off duty, essentially using a CMV for errands or travel. This would be something they would typically do with their personal vehicle, if it were available. When considering whether PC is appropriate for the movement of the vehicle, a driver must consider these four requirements. If the move does not meet all four requirements, it is not PC.

• Does the carrier have a policy authorizing PC?
• Is the driver legitimately off duty during the move?
• Is the destination purely personal?
• Is there any benefit to the carrier? This includes ending up in a better position as far as the current or next assignment.

When a driver is confident the move meets all four requirements, the driver can use PC for the move.

Proper use of personal conveyance

Drivers who are permitted to use PC must be relieved from duty before they can use this exception. Examples of proper usage are:

• Traveling from a truck stop to a restaurant or hotel.
• Commuting between home and the driver’s terminal.
• Driving to the nearest safe place to rest after loading or unloading.

There are many other examples of proper use. Each move should be assessed on a case-by-case basis.

Prohibited use of personal conveyance

Examples of movements that would not qualify as PC are:

• Bypassing an available rest location to get closer to a delivery or pick-up location.
• Time spent transporting a CMV to a maintenance facility.
• Time spent traveling to a carrier’s terminal after loading or unloading.

Common questions

Many drivers find themselves non-compliant because they do not fully understand these requirements. Below are some common questions.

• Can a driver stop at a restaurant for dinner and log off duty for the day, eat dinner, and drive to the truck stop at the same exit using PC?
  • Because the driver intends to end the workday at the truck stop, the driver cannot use PC to get there. The driver would be in compliance if they had gone to the truck stop, logged off duty, then used PC to travel to and from dinner.
• If a load is not available for a driver, can they use PC to travel several hundred miles home?
  • While there is no time or mileage limit on PC at this time, a driver cannot use PC to place the truck or driver in a better position for the next load. Most carriers would load a driver as close as possible to the current location. Since it is not likely that the driver would return to the location the PC began for the next load, PC is usually not appropriate for this move.
• Can a driver use PC to go to a store to get food and other personal items?
  • A driver is permitted to use a CMV to go anywhere they would go in a personal vehicle, as long as the move is strictly personal. The driver cannot be purchasing items for the carrier and must not move the CMV closer to the next pick up or delivery, unless they return to the starting location at the end of the personal move.

Key to remember: PC is a tool a driver can use to complete personal tasks, but care should be taken to ensure the move is purely personal to avoid fines and penalties.

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!

‘State and local laws’

A violation of 392.2 is a violation of a local or state law, regulation, or ordinance. These must be obeyed due to 392.2, which reads, “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”

The confusion is that there are no paragraphs in 392.2, so there technically should be no letters following that section. However, to inform the driver, carrier, and the Federal Motor Carrier Safety Administration (FMCSA) what particular state or local law or regulation was involved, FMCSA has developed a system of suffix codes. The letters following “392.2” – the “suffix” — show which state or local law or regulation was involved.

When one of these codes is used, the officer should include a description of the specific violation in the “violation details” area on the actual inspection report. FYI: Summary roadside inspection reports (such as the ones visible in CSA’s SMS) do not show these details.

Not all 392.2 violations are used in CSA

Not all of these state and local law or regulation violations are used by the FMCSA for scoring purposes. The Compliance, Safety, Accountability (CSA) Safety Measurement System (SMS) does not use the 392.2 violations that cannot be tied to crash causation. Here are a couple of examples: 392.2UCR Failure to pay UCR fee and 392.2W Size and weight are not used.

Most common 392.2 violations

Below are the top 10 392.2 violations written during 2021. All of these violations are safety-related, and therefore used in the CSA SMS for scoring. The BASIC within the SMS the violation is scored in is shown following the violation description.

1. 392.2SLLS2 Speeding 6-10 miles per hour over the speed limit (Unsafe Driving)
2. 392.2C Failure to obey traffic control device (Unsafe Driving)
3. 392.2LV Lane Restriction violation (Unsafe Driving)
4. 392.2SLLS3 Speeding 11-14 miles per hour over the speed limit (Unsafe Driving)
5. 392.2WC Wheel (Mud) flaps missing or defective (Vehicle Maintenance)
6. 392.2SLLS4 Speeding 15 or more miles per hour over the speed limit (Unsafe Driving)
7. 392.2ML Failure to maintain lane (Unsafe Driving)
8. 392.2SLLSWZ Speeding work/construction zone (Unsafe Driving)
9. 392.2PK Unlawfully parking and/or leaving vehicle in the roadway (Unsafe Driving)
10. 392.2FC Following too close (Unsafe Driving)

Key to remember

In general, FMCSA does not write traffic codes. They rely on local and state agencies to do that. When state or local traffic codes are violated, it appears on a roadside inspection report as a violation of 392.2, with a suffix indicating which traffic code was involved.

1. “If we do it for one, we have to do it for all.”

An HR professional might say this to an employee who’s asking for a change in their workday. They could be asking for longer breaks or flexibility with their schedule. Before completely shutting down the conversation, get a little more information.

Is the person, for example, asking for a workplace accommodation because of a medical condition? This would generally trigger employer obligations under the Americans with Disabilities Act (ADA). If so, those are determined on a case-by-case basis. This means HR doesn’t have to give all employees longer breaks or whatever accommodation is needed.

Of course applying company policies consistently is important, too, and there will be times the “we can’t do it for all” statement is true. But that doesn't mean each and every request HR handles needs to be done the same way.

2. “You have to use up your PTO before going on FMLA.”

This statement is a hard stop. Employees do NOT need to use their accrued paid time off (PTO) before taking leave under the federal Family and Medical Leave Act (FMLA). In fact, making them do so is an FMLA violation.

Employees may choose to use their PTO while they’re on FMLA leave, which is otherwise unpaid time. This allows them to bring in some income while they’re off work. Employers may also require employees to use their PTO while on FMLA leave — they just can’t make them use PTO up first.

3. “You're salaried, so we don't have to pay you overtime.”

This is an “it depends” type of scenario. If an employee is truly (and correctly) classified as exempt (“salaried”) under the federal Fair Labor Standards Act (FLSA), then this is a true statement. FLSA-exempt employees don’t get paid for working overtime.

The rules are different, however, for FLSA-nonexempt (“hourly”) employees. These employees would need to be paid overtime for hours worked over 40 in a workweek.

Although these overtime rules seem clear on the surface, HR can trip up by misclassifying employees.

Simply saying an employee is exempt when they’re really not, means that the employee is missing out on minimum wage and overtime protections. Companies can end up having to pay thousands of dollars to a jilted employee, and likely pay hefty fines and other penalties as a result of the FLSA violation.

To avoid these problems, HR needs to assess an employee’s job duties and other criteria to make sure they qualify for the exemption.

Key to remember: When it comes to applying employment laws, even seasoned HR professionals don’t always get it right. These three scenarios help debunk HR myths.

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.

Investigate

When employers (including supervisors) get wind of a potential FMLA fraud situation, they should dig into it a bit. Employees on FMLA leave aren’t completely untouchable; they may be disciplined for infractions unrelated to the leave. This includes taking FMLA leave for reasons that don’t qualify.

Consider the source

Often, unhappy coworkers are the ones to tell employers if they see employees frolicking under suspicious circumstances. They might be upset because they’re picking up the slack left by employees out on FMLA leave. Employers might, therefore, have to explain that they will look into the matter. After all, the employee could be within their FMLA rights to be at the event. Employers shouldn’t share private information (including medical information) with coworkers.

Review the certification

To help determine if an employee is using FMLA leave fraudulently, employers should carefully review the employee’s FMLA certification to see what the employee’s limitations are. Employees could be able to attend an event and still stay within their restrictions.

Employees with mental health conditions, for example, could benefit from being outside at a park or going for a walk along a trail. An employee on FMLA leave for knee surgery, however, should probably not be surfing or skiing.

Fraud

Employees who fraudulently take FMLA leave aren’t protected by the FMLA's job restoration or maintenance of health benefits provisions. This means employees can be fired for taking leave for a reason that doesn’t qualify, especially if they lie about it.

Key to remember: Employers should carefully investigate reports of employees on FMLA leave behaving suspiciously.

Certifications and recertifications

How can employers stay on top of such changes? First, they may ask for an initial certification supporting the need for leave. The certification should give employers enough information to determine whether the employee needs FMLA leave for a qualifying reason.

For medical certifications, it should indicate which part of the FMLA’s definition of a serious health condition is involved. It should also include information on how much leave the employee needs.

Because things can change, employers may ask for recertifications now and then. They may ask for them no more often than every 30 days unless the certification indicates that the minimum duration of the condition is more than 30 days. In that situation, employers must wait until that minimum duration expires before requesting a recertification.

In all cases, employers may request a recertification of a medical condition in six months in conjunction with an employee’s absence (i.e., not just a random request).

Employers don’t have to wait the 30 days, the minimum duration, or six months to ask for a recertification in limited situations. This happens if:

• The employee requests an extension of leave,
• Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications), or
• Employers receive information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification.

Taking Jo’s example, if the initial certification indicated that she needed four weeks of continuous leave, but after three weeks, Jo said she could do some work, employers could ask for a recertification, as something had changed. If, after taking intermittent leave, Jo reinjured herself and went back to needing continuous weeks of FMLA leave, the employer could ask for a recertification.

Key to remember: Life situations seldom work on a straight trajectory. Things change, and so can an employee’s FMLA leave needs. What can start as a continuous leave can change to an intermittent leave, and vice versa. Employers can keep up with such changes using recertifications.

Inpatient care explained

Inpatient care is an overnight stay in a health care facility. If the employee or family member had an overnight stay, it’s an FMLA serious health condition regardless of how many days of work the employee missed.

If the employee or family member did not have an overnight stay, employers move on to the continuing treatment part of the definition.

Continuing treatment defined

A serious health condition involving continuing treatment includes the following:

• A period of incapacity of more than three, consecutive, full calendar days, and any subsequent treatment that also involves:
  • Treatment two or more times within 30 days of the first day of incapacity by a health care provider, or
  • Treatment at least once, resulting in a regimen of continuing treatment.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity (or treatment for) a chronic serious health condition requiring treatments at least twice per year and continuing over an extended period of time. These may cause episodic rather than continuing periods of incapacity.
• A period of incapacity for a permanent or long-term condition in which treatment may not be effective.
• Any period of absence to receive multiple treatments (i.e., chemotherapy, radiation, physical therapy, dialysis), for restorative surgery, or for a condition that would likely result in a period of incapacity of more than three consecutive, full, calendar days if treatment isn’t received.

Not all parts of the definition above will apply to a particular situation. The only part of the continuing treatment segment that involves three days, for example, falls under the first bullet. For all the other parts, any period of incapacity would be FMLA leave. An employee doesn’t need to miss three days of work.

Focus on incapacity not absence when applying FMLA leave

The period of more than three days applies to how long the individual is incapacitated, not how many days of work the employee missed. If, for example, an employee who normally works Monday through Friday suffers a serious health condition on Friday evening and is incapacitated until Wednesday, the period of incapacity is more than three days. The employee missed only two days of work, but those two days would be FMLA leave.

Failure to designate an absence as FMLA leave when it is called for risks a claim that the employer interfered with the employee’s FMLA rights.

Key to remember: Employees don’t have to miss three days of work to trigger an employer’s FMLA obligations.

COVID-19 R&R provisions

The COVID-19 R&R provisions currently found in the Code of Federal Regulations (CFRs) call for over 562,000 covered healthcare employers to:

Proposed changes

OSHA specifically proposes to remove:

Why the changes?

OSHA offers 12 reasons for removing the R&R provisions that are in subpart U:

• When OSHA stopped enforcing the bulk of subpart U in 2021, the R&R provisions were no longer part of an integrated regulatory scheme;
• The R&R provisions are of lesser utility since COVID-19 vaccines are widely available and the public health emergency has ended;
• The Centers for Disease Control and Prevention (CDC) and medical professionals now treat COVID-19 cases and reporting more like flu and respiratory illnesses;
• Most COVID-19 testing is now through self-administered tests at home, and there’s no expectation to report positive test results;
• The accuracy of data collected by employers under the COVID-19 log provision has eroded;
• The importance of an additional recordkeeping tool solely for COVID-19 is questionable;
• Clearing out the recordkeeping provisions would relieve employers from recording work-related cases on two separate sets of forms (injury/illness forms and the COVID-19 log);
• Discarding the reporting provisions does not eliminate the obligation to report to OSHA any work-related cases of COVID-19;
• The lengthy incubation time for COVID-19 would make it uncommon to cause hospitalization within 24 hours of exposure (and mandatory reporting), but the same is true of other respiratory illnesses;
• Since employers’ knowledge about COVID-19 cases among their employees is limited, reporting hospitalizations/fatalities to OSHA would be similarly constrained;
• Given CDC’s phase out of many COVID-19-related recommendations for healthcare, the need for COVID-19 reporting to trigger an immediate OSHA inspection has waned; and
• OSHA has no new evidence that the R&R provisions in subpart U provide meaningful assistance to employers at this point.

Therefore, OSHA says it’s no longer appropriate to apply R&R regulations to COVID-19 that are more burdensome than those already prescribed under 29 CFR 1904 for other infectious diseases. Part 1904 is the Recording and Reporting Occupational Injuries and Illnesses standard. The agency argues that 1910.502(q)(2)(ii), (q)(3)(ii) - (iv), and (r) should be removed from the CFRs.

Also, Part 1915, 1917, 1918, 1926, and 1928 references to 29 CFR 1910 subpart U are outdated, contends OSHA, because they refer to provisions in the CFR that no longer exist. Omitting these references would be purely administrative.

Heads up on another rule

Given the new administration, it’s unknown whether OSHA would withdraw its Infectious Diseases rulemaking from the agenda. Yet, a statement in the latest COVID-19 proposal teases stakeholders about the possibility of an Infectious Diseases proposal.

The preamble text states, “On January 15, 2025, OSHA terminated the [permanent COVID-19 for Healthcare rulemaking] on the basis that the COVID-19 public health emergency was over and any ongoing COVID-19 hazards would be better addressed in a rulemaking focusing on the broader hazard of infectious diseases … To the extent additional [R&R] tools are necessary and appropriate, they could be considered as part of a broader rulemaking that would facilitate employer adoption of more cohesive and consistent [R&R] policies to address workplace-transmissible diseases.”

Key to remember

OSHA proposed to discard the R&R provisions of its COVID-19 regulations in 29 CFR 1910 subpart U. These regulations are more burdensome than R&R requirements for other infectious diseases, argues OSHA. Comments are due September 2nd.

OSHA’s on top of it!

OSHA has even recognized the unique challenges women face in the workplace, specifically with properly fitting PPE. In fact, on December 12, 2024, the new PPE rule for the construction industry was officially published in the Federal Register with a full compliance date set for January 13, 2025. The new rule requires employers to ensure that protective equipment fits properly for any construction worker who needs it.

Increased risk in certain industries

Many industries have hazards ranging from exposure to toxic chemicals and radiation, to stress and fatigue, and even physical injuries. Most hazards pose the same risks to either gender; however, despite the advancements in technology and safety measures, the rate of work-related incidents for females remains high.

Women may face higher risks at work compared to men due to a combination of biological and physical factors, workplace design, and societal assumptions. These contributing factors can result in quicker fatigue, workplace harassment and violence, and mental stress. Studies show that women are often subjected to higher instances of harassment, discrimination, and violence, particularly in male-dominated industries. For instance, the U.S. Equal Employment Opportunity Commission (EEOC) data reveals that from 2018 to 2021, nearly 78.2% of all sexual harassment allegations in the workplace were reported by women.

Industries with especially high risks for ladies include:

• Manufacturing
• Agriculture and farming
• Transportation and truck driving
• Law enforcement
• Welding
• Construction and roofing
• Electrical
• Sawmills, papermills, and logging
• Telecommunications

Additional industries often overlooked as dangerous for women include:

• Teaching
• Medical and healthcare
• Social work

Though these are the more hazardous industries, all employers have a duty to ensure their hazard assessments consider unique challenges for all work groups – men, women, young workers, temporary workers, and more.

Keys to remember: Employers must recognize that women in the workplace face unique risks like ill-fitting PPE, harassment, and violence. They must offer effective policies, safety protocols, and appropriate equipment to ensure equal protection for all workers.

What does safety in the workplace really mean?

At its core, workplace safety is about identifying hazards and minimizing risk. As safety professionals, we’re responsible for:

• Recognizing hazards in the workplace;
• Implementing controls to eliminate or reduce those hazards;
• Ensuring compliance with regulatory standards (OSHA, EPA, NFPA, etc.);
• Developing programs, policies, and procedures; and
• Training employees to understand and apply these safety measures.

These tasks are already challenging. Fortunately, we have regulations, standards, and even technology to guide us. However, the greatest challenge remains the human element.

Building a 24/7 safety culture

You can have the best-written safety program in the world, but if employees don’t buy in, it won’t matter. Some may resist due to personal preferences, misunderstandings, or simply because they don’t see the relevance. That’s where changing the mindset comes in.

To truly engage employees, we need to help them see that safety isn’t just about avoiding injury at work, it’s about protecting themselves for their sake and their loved ones, everywhere they go. When safety becomes personal, it becomes powerful! So how do we make safety stick beyond the workplace?

Make safety personal: Connect workplace hazards to real-life scenarios. For example, proper lifting techniques don’t just prevent back strain in the warehouse, they’re just as important when moving furniture at home.

Involve employees in the process: Invite workers to participate in hazard assessments, safety committees, and solution brainstorming. When they feel ownership, they’re more likely to stay engaged and better prepared to recognize safety issues even outside of work.

Use varied, engaging training methods: Not everyone learns the same way. Mix up your training with hands-on activities, storytelling, videos, and real-life examples to make the content stick. Throw in some stories of at-home incidents as well.

Reinforce safety everywhere: Use signage, toolbox talks, ad hoc conversations, and even recognition programs to keep safety top of mind. Consider extending safety messages to newsletters or social media that reach employees at home .

Workplace safety programs that translate into everyday life

Many workplace safety programs have direct applications outside of work. Here are a few examples:

• Emergency planning – Knowing how to respond in a crisis is just as important at home as it is at work. Similar types of emergencies at work can occur at home, and techniques learned at work can prove valuable at home .
• Fire prevention – Fire safety practices can protect families and homes.
• Hazard communication – Understanding chemical labels and safety data sheets helps identify hazards with household cleaners and DIY projects.
• Ergonomics – Proper posture and workstation setup are important, whether you're sitting at a desk, working at a station, doing household chores, or browsing the internet in your home office.
• Hand tool safety – Using tools at home for repairs or hobbies can be just as dangerous as at work.
• Fall protection and ladder safety – Hanging holiday lights or cleaning gutters require the same safety concepts to prevent falls and stay safe at heights.

Key to remember: Guide employees to internalize safety as a mindset, not just a workplace requirement. When safety becomes second nature, it doesn’t matter whether they’re on the job or off the clock. They’ll think before they act, assess risks instinctively, and protect themselves and others without needing a reminder.

#1 Start here

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

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

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

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

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

#2 Train on these topics

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

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

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

Truck-related topics include the following:

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

Workplace-related topics are examples like these:

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

#3 Determine success

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

#4 End here

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

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

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

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

Action item

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

Key to remember

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

OSHA’s announcement on helmets vs. hard hats

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

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

The two main benefits of Type II safety helmets

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

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

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

Understanding the different types of head protection

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

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

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

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

Choosing the right head protection for your employees

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

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

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

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

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

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

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